Proposal for a Council Decision on the position to be adopted by the European Union within the ACP-EC Council of Ministers concerning the transitional measures applicable from the date of signing to the date of entry into force of the Agreement amending for the second time the Partnership Agreement between the African, Caribbean and Pacific States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 as first revised in Luxembourg on 25 June 2005
Date: 2010-05-27
Institutions: European Commission
Subjects: ACP countries, Cotonou Agreement, revision of an agreement, signature of an agreement

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 27.5.2010 
COM(2010)279 final 

2010/0149 (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 transitional measures applicable from the date of signing to the 
date of entry into force of the Agreement amending for the second time the Partnership 
Agreement between the African, Caribbean and Pacific States, of the one part, and the 
European Community and its Member States, of the other part, signed in Cotonou on 23 
June 2000 as first revised in Luxembourg on 25 June 2005 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

By  decision  of  23  February  2009,  the  Council  authorised  the  Commission  to  open 
negotiations with the African, Caribbean and Pacific Group of States (hereinafter referred to 
as  'the  ACP  States')  with  a  view  to  undertaking  the  second  revision  of  the  Partnership 
Agreement between the ACP States of the one part, and the European Union and its Member 
States, of the other part (hereinafter referred to as 'the Cotonou Agreement').  

In  line  with  Article  95(3)  of  the  Cotonou  Agreement,  the  negotiations  were  successfully 
concluded  by  an  extraordinary  Joint  Ministerial  meeting  on  19  March  2010  with  the  EU 
negotiator initialling the endorsed texts which will amend the Agreement.  

Article  95(3)  of  the  Cotonou  Agreement  authorises  the  Joint  Council  to  adopt  transitional 
measures in respect of the amended provisions until they come into force. 

In  accordance  with  Art.  218(5)  TFEU,  the  decision  of  the  Council,  on  a  proposal  by  the 
negotiator, authorising the signing of the Agreement, may be accompanied by its provisional 
application before entry into force. In addition, in accordance with Article 218(9) TFEU, the 
Council shall adopt, on a proposal from the Commission, a decision establishing the positions 
to be adopted on the Union's behalf within the ACP-EC Council of Ministers. 

The Commission has transmitted a proposal for a Council decision concerning the signature 
of  the  Agreement  amending  for  the  second  time  the  Partnership  Agreement  between  the 
African, Caribbean and Pacific States, of the one part, and the European Community and its 
Member  States,  of  the  other  part,  signed  in  Cotonou  on  23  June  2000  as  first  revised  in 
Luxembourg on 25 June 2005.  

Considering that all the provisions of the Amending Agreement can be provisionally applied 
without  technical  difficulties,  the  Commission  proposes  to  the  Council  to  adopt  a  decision 
supporting the provisional application of the Amending Agreement. 

The Commission proposes that the Council adopts the attached decision. 

EN 

2 

   EN 

 
2010/0149 (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 transitional measures applicable from the date of signing to the 
date of entry into force of the Agreement amending for the second time the Partnership 
Agreement between the African, Caribbean and Pacific States, of the one part, and the 
European Community and its Member States, of the other part, signed in Cotonou on 23 
June 2000 as first revised in Luxembourg on 25 June 2005 

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, 

Having  regard  to  the  Partnership  Agreement  between  the  African,  Caribbean  and  Pacific 
States, of the one part, and the European Community and its Member States, of the other part, 
signed in Cotonou on 23 June 2000 as revised in Luxembourg on 25 June 2005 (hereinafter 
referred to as 'the Cotonou Agreement') and in particular Article 95(3) thereof, 

Having regard to the proposal from the Commission,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The Cotonou Agreement was concluded for 20 years commencing on 1 March 2000. 
However provision was made for the possibility of amending the Agreement through a 
revision process after each five-year period. 

Negotiations  for  the  first  revision  of  the  Cotonou  Agreement  were  concluded  in 
Brussels on 23 February 2005. The revised Agreement was signed in Luxembourg on 
25 June 2005 and entered into force on 1 July 2008. 

By  decision  of  23  February  2009,  the  Council  authorised  the  Commission  to  open 
negotiations  with  the  African,  Caribbean  and  Pacific  Group  of  States  (hereinafter 
referred to as 'the ACP States') with a view to undertaking the second revision of the 
Cotonou Agreement. 

In  line  with  Article  95(3)  of  the  Cotonou  Agreement,  the  negotiations  were 
successfully  completed  with  the  initialling,  done  at  an  extraordinary  ACP-EU 
Ministerial  meeting  on  19  March  2010,  of  the  draft  texts  which  will  amend  the 
Agreement for the second time.  

The  Amending  Agreement,  [to  be  signed  in  Ouagadougou  on  XX  June  2010,]  will 
enter into force upon completion of the ratification procedures referred to in Article 93 
of the Cotonou Agreement. 

EN 

3 

   EN 

 
(6) 

In  accordance  with  Article  95(3)  of  the  Agreement,  the  Council  of  Ministers  shall 
adopt transitional measures as necessary to cover the period from the date of signing to 
the date of entry into force of the Agreement amending the Cotonou Agreement for the 
second time. 

(7) 

The provisional application of the provisions modified in the second revision should 
constitute both a necessary and sufficient transitional measure.  

HAS DECIDED AS FOLLOWS: 

Sole Article 

The  European  Union  position  within  the  ACP-EC  Council  of  Ministers  regarding  the 
transitional measures applicable from the date of signing to the date of entry into force of the 
Agreement  amending  for  the  second  time  the  Cotonou  Agreement,  is  to  approve  its 
provisional application, pursuant to the terms of the attached draft Decision of the ACP-EC 
Council of Ministers.  

Minor changes to this draft may be agreed without requiring the annex to the present decision 
to be amended. 

Done at Brussels, 

For the Council 
The President 

EN 

4 

   EN 

 
 
 
ANNEX 

Draft 

DECISION No …/2010 OF THE ACP-EC COUNCIL OF MINISTERS 

of XX June 2010 

on transitional measures applicable from the date of signing to the date of entry into force of 
the 
Agreement amending for the second time the Partnership Agreement between the African, 
Caribbean and Pacific States, of the one part, and the European Community and its Member 
States, of the other part, signed in Cotonou on 23 June 2000 as first revised in Luxembourg on 
25 June 2005 

THE ACP-EC COUNCIL OF MINISTERS, 

Having  regard  to  the  Partnership  Agreement  between  the  African,  Caribbean  and  Pacific 
States, of the one part, and the European Community and its Member States, of the other part, 
signed  in  Cotonou  on  23  June  2000  as  first  revised  in  Luxembourg  on  25  June  2005 
(hereinafter referred to as ‘the Cotonou Agreement’), and in particular Article 95(3) thereof; 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The Cotonou Agreement was concluded for 20 years commencing on 1 March 2000. 
However  provision  was  made  for  the  possibility  of  amending  the  provisions  of  the 
Agreement through a revision process after each five-year period.  

Negotiations  for  the  first  revision  of  the  Cotonou  Agreement  were  concluded  in 
Brussels on 23 February 2005. The revised Agreement was signed in Luxembourg on 
25 June 2005 and entered into force on 1 July 2008. 

Negotiations  for  the  second  revision  of  the  Cotonou  Agreement  were  officially 
launched at the Joint Council on 29 May 2009 and were completed in Brussels on 19 
March 2010. The Amending Agreement, [signed in Ouagadougou on 22 June 2010,] 
will  enter  into  force  upon  completion  of  the  ratification  procedures  referred  to  in 
Article 93 thereof. 

In  accordance  with  Article  95(3)  of  the  Agreement,  the  Council  of  Ministers  shall 
adopt transitional measures as necessary to cover the period from the date of signing 
to the date of entry into force of the  Agreement amending the Cotonou Agreement 
for the second time. 

The  parties  deem  it  appropriate  to  provide  for  early  application  of  the  revised 
Agreement, to take effect following the date of signature. 

The Parties will endeavour to complete the ratification process within two years from 
the  signature  of  the  Agreement  amending  for  the  second  time  the  Cotonou 
Agreement. 

EN 

5 

   EN 

 
 
 
 
 
HAS DECIDED AS FOLLOWS: 

Article 1 

Provisional application of the Agreement 

The  Agreement  amending  for  the  second  time  the  Partnership  Agreement  between  the 
African, Caribbean and Pacific States, of the one part, and the European Community and its 
Member  States,  of  the  other  part,  signed  in  Cotonou  on  23  June  2000  as  first  revised  in 
Luxembourg on 25 June 2005, shall be provisionally applied from the date of its signature. 

Article 2 

Entry into force and validity of this Decision 

This  Decision  shall  enter  into  force  from  the  date  of  its  publication.  It  shall  apply  until  the 
entry into force of the revised Agreement. 

The  European  Union  shall  take  all  necessary  measures  to  ensure  the  full  implementation  of 
the  revised  Cotonou  Agreement,  and  the  parties  endeavour  to  complete  all  the  necessary 
procedures to ensure the full entry into force of the later within two years from signature.  

The  EU  Member  States  and  the  ACP  States  are  invited  to  take  the  measures  they  deem 
appropriate in order to implement this decision. 

Done at Ouagadougou, XX June 2010. 

For the ACP-EC Council of Ministers 

The President 

EN 

6 

   EN 

 
 
 
 
 
ANNEX 

Agreement  amending  for  the  second  time  the  Partnership  Agreement  between  the  African, 
Caribbean and Pacific States, of the one part, and the European Community and its Member 
States, of the other part, signed in Cotonou on 23 June 2000 as first revised in Luxembourg on 
25 June 2005. 

EN 

7 

   EN