Proposal for a Council Decision concerning the provisional application of the Trade, Development and Co-operation Agreement between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part
Date: 1999-07-08
Institutions: European Commission
Subjects: South Africa, cooperation agreement (EU), cooperation policy, development aid, fourth Lomé Convention

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.07.1999
COM(1999) 351 final

Proposal for a

COUNCIL DECISION

concerning the provisional application of the
Trade, Development and Co-operation Agreement between the European
Community and its Member States, of the one part, and the Republic of South
Africa, of the other part

(presented by the Commission)

1.

2.

3.

4.

5.

EXPLANATORY MEMORANDUM

On 11 May 1999 the Commission submitted a double proposal (COM(1999)
245 final) for the conclusion and signing of the Trade, Development and Co-
operation Agreement between the European Community and South Africa.

The proposal has been discussed in Council. The majority of Member States
have indicated a preference for a mixed agreement, rather than a Community
Agreement as proposed by the Commission. A unanimous Council decision
to amend the Commission proposal to this effect can be expected soon.

In anticipation of this situation the Commission hereby presents a proposal
for the provisional application of such a mixed agreement with South Africa.

The Commission considers that
agreement does not affect
amendments are minor, and will also be acceptable for South Africa.

the change of the legal nature of the
it. The necessary textual

the substance of

The Commission however insists that the choice for a mixed agreement
should not delay the implementation of the provisions negotiated with South
Africa. The agreement is a coherent and balanced package, which should, for
both policy and practical reasons, enter into effect as soon as possible and
without differentiation between its respective sections.

The Commission therefore proposes to provisionally apply all provisions of
the Trade, Development and Co-operation Agreement, on the understanding
that in its actual implementation the respective competencies of the European
Community and the Member States will be fully respected.

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Proposal for a

COUNCIL DECISION

concerning the provisional application of the
Trade, Development and Co-operation Agreement between the European
Community and its Member States, of the one part, and the Republic of South
Africa, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular
its Article 310 in connection with Article 300 (2), first paragraph, first and second
phrase,

Having regard to the proposal from the Commission,

(1) Whereas the Community and South Africa have undertaken to adopt
procedures for the early application of the Trade, Development and Co-
operation Agreement between the European Community and its Member
States, of the one part, and the Republic of South Africa, of the other part,

(2) Whereas the provisional application of the Trade, Development and Co-
operation Agreement is necessary to provide a comprehensive framework of
co-operation between the Community and South Africa, pending the
completion of the procedures required to bring the Agreement into force,

HAS ADOPTED THIS DECISION:

Article 1

The exchange of letters between the Community and South Africa, which provides for
the provisional application of that portion of the Trade, Development and Co-
operation Agreement between the European Community and its Member States, on
the one part, and the Republic of South Africa, on the other part, which falls within
the competence of the European Community, is hereby approved on behalf of the
European Community.

The text of the exchange of letters is attached to this Decision.

Article 2

the purposes of

the Agreement, a
For
representative of the Commission shall preside over the Co-operation Council and
present the position of the Community.

the implementation of Article 97 of

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Article 3

This Decision shall be published in the Official Journal of
Communities.

the European

Done at Brussels,

For the Council
The President

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ANNEX

EXCHANGE OF LETTERS

concerning the provisional application of the
Trade, Development and Co-operation Agreement between the European Community
and its Member States, of the one part,
and the Republic of South Africa, of the other part,

(letter from the Community)

Dear Sir,

I have the honour to refer to the Trade, Development and Co-operation Agreement
between the European Community and its Member States, of the one part, and the
Republic of South Africa, of the other part, signed today.

Pending the entry into force of the said Agreement, I have the honour to propose to
you that
the European Community and South Africa apply the Agreement
provisionally as from 1st January 2000, with regard to that portion of it which falls
within the competence of the European Community.

If the above is acceptable to South Africa, this letter and your confirmation shall
together constitute an agreement between the European Community and South Africa.

Please accept, Sir, the assurance of our highest appreciation,

On behalf of the European Community

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(letter from South Africa)

Dear Sir,

I have the honour to acknowledge receipt of your letter of today’s date which, reads as
follows:

I have the honour to refer to the Trade, Development and Co-operation
Agreement between the European Community and its Member States, of the
one part, and the Republic of South Africa, of the other part, signed today.

Pending the entry into force of the said Agreement, I have the honour to
propose to you that the European Community and South Africa apply the
Agreement provisionally as from 1st January 2000, with regard to that portion
of it which falls within the competence of the European Community.

If the above is acceptable to South Africa, this letter and your confirmation
shall together constitute an agreement between the European Community and
South Africa.

I am able to confirm that South Africa is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest appreciation,

On behalf of South Africa

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FINANCIAL STATEMENT

This proposal has no other financial implications than those already identified in
document COM (1999) 245 final.

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