2008/805/EC: Council Decision of 15 July 2008 on the signature and provisional application of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part
Date: 2008-07-15
Institutions: Council of the European Union
Subjects: ACP countries, European Community, cooperation agreement, development aid, economic cooperation

30.10.2008

EN

Official Journal of the European Union

L 289/I/1

II

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

DECISIONS

COUNCIL

COUNCIL DECISION

of 15 July 2008

on the signature and provisional application of the Economic Partnership Agreement between the
CARIFORUM States, of the one part, and the European Community and its Member States, of the
other part

(2008/805/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 57(2), 71, 80(2), 133(1), 133 (5)
and (6) and 181 in conjunction with the first sentence of the first
subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 12 June 2002 the Council authorised the Commission
to open negotiations on Economic Partnership Agreements
with ACP countries.

(2)

(3)

These negotiations have been concluded and the Economic
Partnership Agreement between the CARIFORUM States
(comprising Antigua and Barbuda, the Commonwealth of
the Bahamas, Barbados, Belize,
the Commonwealth of
Dominica, the Dominican Republic, Grenada, the Republic
of Guyana, the Republic of Haiti, Jamaica, Saint Christopher
and Nevis, Saint Lucia, Saint Vincent and the Grenadines,
the Republic of Suriname and the Republic of Trinidad and
Tobago), of the one Part, and the European Community and
its Member States, of the other Part (hereinafter referred to
as the Agreement), was initialled on 16 December 2007.

to Article 243(4) of

Pursuant
the Agreement, certain
elements of the Agreement have been applied on the basis
of Council Regulation (EC) No 1528/2007 of 20 December
2007 applying the arrangements for products originating
in certain states which are part of the African, Caribbean
and Pacific (ACP) Group of States provided for
in
agreements establishing, or leading to the establishment
of, Economic Partnership Agreements (1).

(1) OJ L 348, 31.12.2007, p. 1.

(4) Article 243(3) of the Agreement provides for its provisional

application pending its entry into force.

(5)

(6)

should be signed on behalf of

the
The Agreement
Community and applied, as concerns elements falling
within the competence of the Community, on a provisional
basis subject to its conclusion at a later date.

The Agreement should not seek to affect the rights of
investors of the Member States of the European Union to
benefit from any more favourable treatment provided for in
any agreement relating to investment to which a Member
State and a CARIFORUM State are Parties. Member States
may maintain and conclude such agreements in so far as
they comply with Community law,

HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Economic Partnership Agreement between the
CARIFORUM States, of
the one part, and the European
Community and its Member States, of the other part, is hereby
approved on behalf of the Community, subject to the conclusion
of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

1. The position to be taken by the Community within the Joint
CARIFORUM-EC Council and the CARIFORUM-EC Trade and
Development Committee shall be determined by the Council on
the basis of a proposal by the Commission in accordance with
the corresponding provisions of the Treaty.

L 289/I/2

EN

Official Journal of the European Union

30.10.2008

For the purposes of Article 228(4) of the Agreement, the
2.
President of the Council and a Member of the Commission shall
together hold the rotating chairmanship of
the Joint CAR-
IFORUM-EC Council and present the position of the Community
in accordance with the Treaty. For the purposes of Article 230(2)
of the Agreement, a representative of the Commission shall hold
the rotating chairmanship of the CARIFORUM-EC Trade and
Development Committee and present
the
Community.

the position of

Article 3

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement on behalf of the
European Community subject to its conclusion.

Article 4

As concerns elements falling within the competence of
the
Community, the Agreement shall be applied on a provisional
basis as provided for in Article 243(3) of
the Agreement,
the procedures for conclusion. The
pending completion of
Commission shall publish a notice providing information on the
date of provisional application.

Done at Brussels, 15 July 2008.

For the Council

The President

M. BARNIER