Proposal for a Council Decision on the position to be adopted by the Community within the ACP-EC Council of Ministers concerning the modification of Protocol N°3 on South Africa to the ACP-EC Partnership Agreement
Date: 2007-06-18
Institutions: European Commission
Subjects: ACP countries, South Africa, cooperation agreement (EU), economic cooperation, protocol to an agreement, trade cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.6.2007 
COM(2007) 335 final 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the Community within the ACP-EC Council of 
Ministers concerning the modification of Protocol N°3 on South Africa to the ACP-EC 
Partnership Agreement 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

On 8th July 2004, the negotiations between the European Community and seven members of 
the Southern African Development Community1 for an Economic Partnership Agreement  as 
laid  down  in  Article  36  and  37  of  the  Cotonou  Partnership  Agreement  were  opened  in 
Windhoek,  Namibia.  In  those  negotiations,  the  Republic  of  South  Africa  had  the  status  of 
observer. 

On  7  March  2006,  the  SADC  EPA  group  and  South  Africa  proposed  the  full  inclusion  of 
South  Africa  in  the  negotiations.  The  EC  Council  decided  on  12  February  2007  to  give  a 
favourable  response,  subject  to  certain  conditions  and  considere  that  for  reasons  of  legal 
clarity  Protocol N°3 to the Cotonou Agreement should be amended to take into account the 
inclusion of South Africa in the negotiations. 

This aims at preventing any risk of legal uncertainty, given that Protocol N°3, Article 5, states 
that  the  provisions  of  the  Cotonou  Agreement  on  economic  and  trade  cooperation  shall  not 
apply on South Africa and the EPA negotiations are in fact based on those provisions. 

The Commission therefore suggests that the Council adopts the attached Decision.  

1 Angola, Botswana, Lesotho, Mozambique, Namibia, Tanzania and Swaziland (SADC EPA group). 

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Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the Community within the ACP-EC Council of 
Ministers concerning the modification of Protocol N°3 on South Africa to the ACP-EC 
Partnership Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
300(2), second subparagraph, thereof, 

Having regard to the Partnership Agreement between the members of the African, Caribbean 
and Pacific Group of States (hereinafter called ‘the ACP’) of the one part, and the European 
Community and its Member States, of the other part, signed in Cotonou (Benin) on 23 June 
2000  and  revised  in  Luxembourg  (Grand  Duchy  of  Luxembourg)  on  25  June  2005 
(hereinafter called ‘the ACP-EC Partnership Agreement’),2  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Protocol  N°  3  to  the  ACP-EC  Partnership  Agreement  lays  down  in  its  Article  5  that 
the provisions of the Agreement on economic and trade cooperation shall not apply to 
South Africa; 

On  7  March  2006  the  group  of  ACP  countries  members  of  the  Southern  African 
Development  Community  (SADC)  negotiating  an  Economic  Partnership  Agreement 
(EPA)  with  the  European  Community  have  requested  that  South  Africa  should  be 
associated  as  a  full  member  of  that  negotiation  and  on  12  February  2007  the  EU 
Council of Ministers has agreed to the request, subject to certain conditions; 

The negotiation of EPA are based on the economic and trade provisions of the ACP-
EC Partnership Agreement, in particular Article 36 and 37; 

For reasons of legal clarity it is necessary to amend Protocol N°3 with a view of taking 
into account the full inclusion of South Africa in the EPA negotiations and its eventual 
accession to the EPA; 

In  accordance  with  its  Article  7,  Protocol  N°3  may  be  revised  by  Decision  of  the 
Council of Ministers; 

2 

OJ L 287, 28.10.2005. 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

The  Community  position  within  the  ACP-EC  Council  of  Ministers  on  the  modification  of 
Protocol N°3 on South Africa to the ACP-EC Partnership Agreement  shall be based on the 
draft decision of the ACP-EC Council of Ministers set out in the Annex. 

Minor changes to the draft decision may be agreed without need for a further decision by the 
Council. 

Done at Brussels, […] 

For the Council 
The President 

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Draft Decision 

Of the ACP – EC Council of Ministers 

Of……….2007 
(2007/…./….) 

Modifying Protocol N° 3 to the Cotonou Agreement to take into account the inclusion of 
the Republic of South Africa in the negotiations for an Economic Partnership Agreement. 

THE ACP-EC COUNCIL OF MINISTERS, 

Having  regard  to  the  Partnership  Agreement  between  the  members  of  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 [1], as 
revised in Luxembourg on 25 June 2005 [2] (hereinafter referred to as the ACP-EC 
Partnership Agreement), and in particular Protocol N°3 thereto, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Protocol  N°  3  to  the  ACP-EC  Partnership  Agreement  lays  down  in  its  Article  5 
that the provisions of the Agreement on economic and trade cooperation shall not 
apply to South Africa; 

On 7 March 2006 the group of  ACP countries members of the Southern African 
Development  Community  (SADC)  negotiating  an  Economic  Partnership 
Agreement  (EPA)  with  the  European  Community  have  requested  that  South 
Africa  should  be  associated  as  a  full  member  of  that  negotiation  and  on  12 
February 2007 the EU Council of Ministers has agreed to the request, subject to 
certain conditions; 

The  negotiation  of  EPA  are  based  on  the  economic  and  trade  provisions  of  the 
ACP-EC Partnership Agreement, in particular Article 36 and 37; 

For reasons of legal clarity it is necessary to amend Protocol N°3 with a view of 
taking into account the full inclusion of South Africa in the EPA negotiations and 
its eventual accession to the EPA; 

In accordance with its Article 7, Protocol N°3 may be revised by Decision of the 
Council of Ministers; 

 HAS DECIDED AS FOLLOWS: 

Article 1 

The  following  paragraph  3  is  added  to  Article  5  of  Protocol  N°3  to  the  ACP-EC 
Partnership Agreement: 

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"3. This Protocol shall not prevent South Africa from negotiating and signing one of the 
Economic Partnership Agreement (EPA) foreseen in Part 3, Title II of this Agreement if 
the other parties to that EPA so agree." 

This Decision shall enter into force on the day on which it is adopted. 

Article 2 

Done at ….., ……….. 2007. 

For the ACP-EC Council of Ministers 

The President 

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