Proposal for a Council Decision on the position to be adopted by the European Union within the ACP-EC Council of Ministers concerning the accession of the Republic of South Africa to the revised ACP-EC Partnership Agreement
Date: 2010-03-17
Institutions: European Commission
Subjects: ACP-EU Convention, South Africa, accession to an agreement, cooperation agreement (EU)

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EUROPEAN COMMISSION 

Brussels, 17.3.2010 
COM(2010)89 final 

2010/0053 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the European Union within the ACP-EC Council of 
Ministers concerning the accession of the Republic of South Africa to the revised ACP-
EC Partnership Agreement 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  relationship  between  the  EU  and  South  Africa  is  based  on  the  Agreement  on  Trade, 
Development and Cooperation between the European Community and its Members States, of 
the one part, and the Republic of South Africa, of the other part, which was signed in Pretoria 
on 11 October 1999 and entered into force on 1 May 2004. 

South Africa is also a State Party 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  (Benin)  on  23  June  2000 
(hereinafter referred to as the "ACP-EC Partnership Agreement"). South Africa's membership 
of the agreement is subject to the qualifications set out in its Protocol 3. 

Together with other ACP countries, on 25 June 2005 in Luxemburg South Africa signed the 
ACP-EC  Agreement  amending  the  Partnership  Agreement  (hereinafter  referred  to  as  the 
"revised ACP-EC Partnership Agreement"). 

In  accordance  with  Article  93,  paragraph  3,  the  revised  ACP-EC  Partnership  Agreement 
entered  into  force  on  1  July  2008,  following  ratification  of  the  revision  by  the  EU  and  its 
Member  States  and  two  thirds  of  ACP  States.  Article  93,  paragraph  4,  of  the  Agreement 
stipulates  that  an  ACP  signatory  State  that has  not  completed  ratification  procedures  by  the 
date of entry into force of the Agreement, may do so only within the 12 months following that 
date. Subsequently, such a signatory State should follow the course of accession as provided 
for in Article 94. 

Due  to  administrative  delays  and  the  renewal  of  the  South  African  Parliament  following 
national elections on 22 April 2009, South Africa missed the ratification deadline of 30 June 
2009. 

In a letter dated 29 July 2009 addressed to the Swedish EU Council Presidency the new South 
African Foreign Minister, Ms Maite Nkoana-Mashabane, informed the EU that South Africa 
intended to accede to the revised ACP-EC Partnership Agreement under the terms of Article 
94  of  the  Agreement,  and  that  the  constitutionally-required  process  for  doing  so  had  been 
launched. 

Following  endorsement  of  the  accession  act  by  both  chambers  of  the  South  African 
Parliament in November 2009, South Africa submitted a formal request for accession to the 
revised ACP-EC Partnership Agreement on 23 November 2009. 

It is therefore appropriate to set the favourable position to be adopted by the European Union 
on  this  request,  to  be  expressed  in  the  context  of  a  formal  Decision  of  the  Joint  ACP-EC 
Council of Ministers approving that accession. 

In  line  with  Article  218  (10)  TFEU,  the  European  Parliament  will  be  informed  of  this 
proposal for a decision of the ACP-EC Council. 

The Commission therefore proposes that the Council adopts the attached decision. 

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2010/0053 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the European Union within the ACP-EC Council of 
Ministers concerning the accession of the Republic of South Africa to the revised ACP-
EC Partnership Agreement  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 217 in conjunction with Article 218 (9) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

In  accordance  with  its  Article  93,  paragraph  3,  the  revised  ACP-EC  Agreement 
entered into force on 1 July 2008.  

South Africa, having signed the revised ACP-EC Agreement on 25 June 2005, did not 
deposit an instrument of ratification under the terms of Article 93, paragraph 4, by the 
deadline of 30 June 2009. 

Article 94 of the revised ACP-EC Agreement stipulates that any request for accession 
by a State is to be presented to, and approved by, the ACP-EC Council of Ministers. 

South  Africa  presented  a  request  for  accession  to  the  ACP-EC  Agreement  on  23 
November 2009.  

It  is  appropriate  to  establish  the  position  to  be  adopted  on  the  Union's  behalf  in  the 
Joint ACP-EC Council of Ministers, concerning this request for accession, 

HAS ADOPTED THIS DECISION: 

Sole Article 

The  European  Union  position  within  the  ACP-EC  Council  of  Ministers  regarding  the 
accession of the Republic of South Africa to the revised ACP-EC Partnership Agreement is to 
approve this accession, pursuant to the terms of the attached draft Decision.  

Formal  changes  to  the  draft  ACP-EC  Council  of  Ministers  decision  may  be  agreed  without 
requiring the annex to the present Decision to be amended.  

This Decision is addressed to the representative of the European Union in the Joint ACP-EC 
Council of Ministers.  

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Done at Brussels, […] 

For the Council 
The President 

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ANNEX  

Draft 

Decision of the ACP-EC Council of Ministers  
concerning the accession of the Republic of South Africa to the revised ACP-EC 
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 (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 Agreement’),1 and in particular Article 94 (1) thereof, 

Whereas: 

(6) 

(7) 

(8) 

(9) 

In  accordance  with  its  Article  93,  paragraph  3,  the  revised  ACP-EC  Agreement 
entered into force on 1 July 2008.  

South Africa, having signed the revised ACP-EC Agreement on 25 June 2005, did not 
deposit an instrument of ratification under the terms of Article 93, paragraph 4, by the 
deadline of 30 June 2009.  

Article 94 of the revised ACP-EC Agreement stipulates that any request for accession 
by a State is to be presented to, and approved by, the ACP-EC Council of Ministers. 

South  Africa  presented  a  request  for  accession  to  the  ACP-EC  Agreement  on  23 
November 2009. 

(10) 

In  accordance  with  its  Rules  of  Procedure,  the  ACP-EC  Council  of  Ministers 
established  under  the  Agreement  may  approve  a  request  for  accession  by  written 
procedure, 

1 

OJ L 209, 11.08.2005; OJ L 287, 28.10.2005. 

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HAS DECIDED AS FOLLOWS: 

Article 1 
Approval of request for accession  

The request of the Republic of South Africa to accede 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 (Benin) on 
23 June 2000 and revised in Luxembourg (Grand Duchy of Luxembourg) on 25 June 2005, is 
herewith approved.  

Article 2 
Entry into force 

This Decision shall enter into force on the day following its adoption. 

Done at Brussels, […] 

For the ACP-EC Council of Ministers 
The President 

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