2008/373/EC: Council Decision of 28 April 2008 concerning the conclusion of the Agreement amending 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
Date: 2008-04-29
Institutions: Council of the European Union
Subjects: ACP countries, Cotonou Agreement, EU relations, cooperation agreement, revision of an agreement

L 129/44

EN

Official Journal of the European Union

17.5.2008

COUNCIL DECISION

of 28 April 2008

concerning the conclusion of the Agreement amending 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

(2008/373/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

and in particular Article 310 thereof,

establishing the European
Having regard to the Treaty
Community,
in
conjunction with the second sentence of the first subparagraph
of Article 300(2) and the second subparagraph of Article 300(3)
thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Whereas:

(4)

(5)

(1)

(2)

the Partnership Agreement
Pursuant
to Article 96 of
the African, Caribbean and
between the members of
the one part, and the
Pacific Group of States, of
the
European Community and its Member States, of
(hereafter referred to as ‘the Partnership
other part (2)
Agreement’), a Party which, after having conducted a
strengthened political dialogue, considers that another
Party fails to fulfil an obligation in respect of one of
the essential elements referred to in Article 9 of the
Partnership Agreement may invite the other Party to
take
hold consultations and,
including where necessary the
appropriate measures,
partial or
the
Partnership Agreement to the Party concerned.

in certain circumstances,

application of

suspension of

full

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

(1) Assent given on 18 January 2007 (not yet published in the Official

Journal).

(2) OJ L 317, 15.12.2000, p. 3. Agreement as last amended by the
(OJ L 209,

Agreement amending the Partnership Agreement
11.8.2005, p. 27).

relevant multilateral

Pursuant to Article 11b of the Partnership Agreement, a
Party which, after having conducted a strengthened
informed in particular by reports by
political dialogue,
the International Atomic Energy Agency (IAEA),
the
Organisation for the Prohibition of Chemical Weapons
(OPCW) and other
institutions,
considers that the other Party has failed to fulfil an obli-
gation stemming from paragraph 1 of that article on
non-proliferation of weapons of mass destruction, is to
in
invite the other party to hold consultations and,
certain
appropriate measures,
take
including where necessary the partial or full suspension
of application of the Partnership Agreement to the party
concerned.

circumstances,

An effective procedure should be adopted when it is
under
intended
Article 96, Article 97, or paragraphs 4, 5 and 6 of
Article 11b of the Partnership Agreement.

appropriate measures

take

to

The Agreement amending the Partnership Agreement
the African, Caribbean and
between the members of
the one part, and the
Pacific Group of States, of
European Community and its Member States, of
the
other part, signed in Cotonou on 23 June 2000 should
be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement amending 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, and the declarations made by the Community unilaterally
or jointly with other parties and attached to the Final Act, are
hereby approved on behalf of the European Community (3).

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 of the Partnership Agreement on
behalf of the European Community.

(3) The texts of the Agreement and of the Final Act have already been

published in OJ L 209, 11.8.2005, p. 27.

17.5.2008

EN

Official Journal of the European Union

L 129/45

Article 3

that an ACP State fails

the Partnership Agreement,

1. Where, at the initiative of the Commission or a Member
State, after having exhausted all possible options for dialogue
under Article 8 of
the Council
to fulfil an obligation
considers
concerning one of
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 essential elements

Where, at the initiative of the Commission or a Member State,
informed in particular by reports by the IAEA, the OPCW and
other relevant multilateral
institutions, the Council considers
that an ACP State has failed to fulfil an obligation stemming
from Article 11b(1) of
the Partnership Agreement on non-
proliferation of weapons of mass destruction, the ACP State
concerned shall be invited, unless there is special urgency, to
hold consultations in accordance with Article 11b(4), (5) and
(6) of the Partnership Agreement.

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 the above
measures regularly and at least every six months.

The President of the Council shall notify the measures thus
adopted to the ACP State concerned and to the ACP-EC
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 imme-
diately, notification thereof shall be addressed to the ACP State
and to the ACP-EC Council of Ministers at the same time as an
invitation to hold consultations.

The Council shall act by a qualified majority.

The European Parliament shall be immediately and fully

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

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

If, on expiry of the deadlines for consultations provided
2.
for in Article 11b(5), Article 96(2) or Article 97(2) of
the
Partnership Agreement, and despite all efforts, no solution has
been found, or immediately in a case of urgency or refusal to
hold consultations, the Council may, pursuant to those Articles,
decide, on a proposal from the Commission and acting by a
qualified majority,
including
partial suspension.

to take appropriate measures

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

the Partnership Agreement

If

further
the ACP-EC Council of Ministers develops
4.
modalities for consultation as referred to in Article 3(5) of
the Annex VII of the Partnership Agreement, the position to
be taken by the Council within the ACP-EC Council of Ministers
shall be based on a proposal by the Commission.

Article 4

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

Done at Luxembourg, 28 April 2008.

For the Council
The President

D. RUPEL