2003/159/EC: Council Decision of 19 December 2002 concerning the conclusion of the Partnership Agreement between the African Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000
Date: 2002-12-19
Institutions: Council of the European Union
Subjects: ACP countries, cooperation agreement (EU), development policy, ratification of an agreement

8.3.2003

EN

Official Journal of the European Union

L 65/27

COUNCIL

COUNCIL DECISION

of 19 December 2002

concerning the conclusion of the Partnership Agreement between the African Caribbean and
Pacific Group of States, of the one part, and the European Community and its Member States, of
the other part, signed in Cotonou on 23 June 2000

(2003/159/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(5)

The Partnership Agreement should be approved,

Having regard to the Treaty establishing the European Commu-
nity and in particular Article 310 thereof in conjunction with
Article 300(2), first subparagraph, second sentence, and Article
300(3), second paragraph,

Having regard to the proposal from the Commission (1),

HAS DECIDED AS FOLLOWS:

Having regard to the assent of the European Parliament (2),

Article 1

Whereas:

(1)

(2)

(3)

(4)

Pursuant to Article 96 of the Partnership Agreement
between the African, Caribbean and Pacific Group of
States, of the one part, and the European Community
and its Member States, of
the other part, signed in
Cotonou on 23 June 2000 (hereinafter referred to as ‘the
Partnership Agreement’) (3), the Party which considers
that another Party has failed to fulfil an obligation in
respect of one of the essential elements referred to in
Article 9 may invite the other Party to hold consulta-
tions and,
take appropriate
measures, including where necessary, the partial or full
suspension of application of the Partnership Agreement
to the party concerned.

in certain circumstances,

Pursuant to Article 97 of the Partnership Agreement, the
Party which considers that a serious case of corruption
has occurred may invite the other Party to hold consulta-
tions and,
take appropriate
measures, including where necessary, the partial or full
suspension of application of the Partnership Agreement
to the Party concerned.

in certain circumstances,

An effective procedure should be adopted when it is
intended to take appropriate measures under Article 96
or Article 97 of the Partnership Agreement.

The position of the Community on requests for deroga-
tions from the rules of origin set out in Protocol 1 to
the ACP-EC Partnership Agreement is established by the
Commission in accordance with the provisions of
Council Decision 2000/399/EC (4).

(1) OJ C 240 E, 28.8.2001, p. 5.
(2) Assent given on 17 January 2002 (not yet published in the Official

Journal).

(3) OJ L 317, 15.12.2000, p. 3.
(4) OJ L 151, 24.6.2000, p. 16.

The Partnership Agreement between the African Caribbean and
Pacific Group of States, of the one part, and the European
Community and its Member States, of the other part, signed in
Cotonou on 23 June 2000, together with the Annexes and
Protocols attached thereto and the declarations made by the
Community unilaterally or jointly with other parties that are
attached to the Final Act, are hereby approved on behalf of the
Community.

The texts of the Partnership Agreement, Annexes, Protocols
and the Final Act are attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to deposit the instrument of approval
as required by Article 93(2) of the Partnership Agreement on
behalf of the Community.

Article 3

1. Where, at the initiative of the Commission or a Member
State, the Council considers that an ACP State has failed to fulfil
an obligation concerning one of the essential elements referred
to in Article 9 of the Partnership Agreement, or in serious cases
of corruption, the ACP State concerned shall be invited, unless
there is special urgency, to hold consultations in accordance
with Articles 96 and 97 of the Partnership Agreement.

The Council shall act by a qualified majority.

In the consultations, the Community shall be represented by
the Presidency of the Council and the Commission.

L 65/28

EN

Official Journal of the European Union

8.3.2003

If, on expiry of the deadlines set in Articles 96 and 97 for
2.
the consultations, and despite all efforts, no solution has been
found, or immediately in a case of urgency or refusal to hold
consultations,
to those Articles,
decide, by a qualified majority on a proposal from the Commis-
sion, to take appropriate measures including partial suspension.

the Council may, pursuant

The Council shall act unanimously in case of a full suspension
of application of the Partnership Agreement in relation to the
ACP State concerned.

These measures shall remain in force until such time as the
Council has used the applicable procedure as set out in the first
subparagraph to take a decision amending or revoking the
measures adopted previously, or where applicable,
for the
period indicated in the Decision.

For that purpose the Council shall proceed to review regularly
and at least every six months the above measures.

The President of the Council shall notify the measures thus
adopted to the ACP State concerned and to the Council of
Ministers, before they enter into force.

The Council's decision shall be published in the Official Journal
of the European Union. Where the measures are adopted immedi-
ately, notification thereof shall be addressed to the ACP State
and to the Council of Ministers at the same time as an invita-
tion to hold consultations.

The European Parliament shall be immediately and fully

3.
informed on any decision taken under paragraphs 1 and 2.

Article 4

This Decision shall be published in the Official Journal of the
European Union.

Done at Brussels, 19 December 2002.

For the Council

The President

L. ESPERSEN