Proposal for a COUNCIL DECISION on the position to be adopted by the European Union within the ACP-EU Council of Ministers concerning the status of Equatorial Guinea in relation to the revised ACP-EC Partnership Agreement
Date: 2010-11-05
Institutions: European Commission
Subjects: ACP-EU Committee of Ambassadors, ACP-EU Convention, Equatorial Guinea, accession to an agreement, cooperation agreement (EU), ratification of an agreement, revision of an agreement

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EUROPEAN COMMISSION 

Brussels, 5.11.2010 
COM(2010) 619 final 

2010/0304 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the European Union within the ACP-EU Council of 
Ministers concerning the status of Equatorial Guinea in relation to the revised ACP-
EC Partnership Agreement 

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EXPLANATORY MEMORANDUM 

Equatorial Guinea has from the outset subscribed to the Partnership Agreement between the 
members  of  the  African,  Caribbean  and  Pacific  Group  of  States,  on  the  one  hand,  and  the 
European  Community  and  its  Member  States  on  the  other,  signed  in  Cotonou  (Benin)  on 
23 June 2000 (hereinafter referred to as the "ACP-EC Partnership Agreement").  

On  25 June 2005  in  Luxembourg,  Equatorial  Guinea  joined  with  other  ACP  countries  in 
signing the agreement amending the ACP-EC Partnership Agreement (hereinafter referred to 
as the "revised ACP-EC Partnership Agreement"). 

In accordance with Article 93(3) thereof, 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 by two thirds of the ACP States. Article 93(4) of the Agreement stipulates that an 
ACP  signatory  State  that  has  not  completed  the  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  is  to  follow  the  accession  procedure  provided  for  in 
Article 94. 

On  12 September 2008,  Equatorial  Guinea  deposited  the  instrument  of  ratification  for  the 
revised  Cotonou  Agreement  with  a  reservation  regarding  Article 11(6),  which  refers  to  the 
International Criminal Court (ICC). In a letter dated 19 December 2008, the European Union 
and its Member States rejected this ratification with a reservation. As a result, the ratification 
was not accepted as being valid. 

Obiang Nguema, President of the Republic of Equatorial Guinea, announced his intention to 
deposit  the  instruments  of  ratification  for  the  revised  Cotonou  Agreement  without  a 
reservation before the ratification deadline of 30 June 2009, but the Parliament has since then 
made it known that legal impediments prevent it from granting the authorisation requested by 
the Executive for ratifying the Agreement without a reservation. Since then, the matter has not 
been re-examined by the Parliament.  

In a letter dated 21 May 2010 sent to the Secretariat General of the Council of the European 
Union, Equatorial Guinea’s Minister for Foreign Affairs, Pastor Micha Ondo Bile, informed 
the EU that his country intended to adhere to the revised ACP-EC Partnership Agreement in 
accordance with the provisions of Article 94 of the Agreement. Equatorial Guinea asked that 
it in the meantime be granted observer status, enabling it to participate in the joint institutions 
set up by the ACP-EC Partnership Agreement until the accession procedure was completed. 
This  status  should  be  granted  until  the  authorities  of  Equatorial  Guinea  are  in  a  position  to 
present their accession instruments, that is to say until 30 April 2011. 

The European Union should, then, respond favourably to this request, which will be approved 
in a formal decision by the Joint ACP-EU Council of Ministers. 

In accordance with Article 218(10) TFEU, the European Parliament will be informed. 

The  Commission  therefore  proposes  that  the  Council  adopt  the  attached  proposal  for  a 
decision. 

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2010/0304 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the European Union within the ACP-EU Council of 
Ministers concerning the status of Equatorial Guinea in relation 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 thereof in conjunction with Article 218(9), 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

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

Equatorial  Guinea,  which  signed  the  revised  ACP-EC Agreement  on  25 June 2005, 
deposited an instrument of ratification with a reservation – an instrument rejected by 
the  European  Union  and  its  Member  States.  As  a  result,  the  ratification  is  invalid 
according to the provisions of Article 93(4). 

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-EU Council of Ministers. 

In May 2010, Equatorial Guinea presented a request for accession in accordance with 
Article 94 of the ACP-EC Agreement and a request for observer status, enabling it to 
participate in the joint institutions set up by the ACP-EC Partnership Agreement, until 
the accession procedure was completed. 

The  granting  of  this  status  until  30 April 2011  by  the  joint  ACP-EU Council  of 
Ministers  should  be  approved,  with  Equatorial  Guinea  having  to  deposit  the  Act  of 
Accession  no  later  than  the  aforementioned  date  with  the  Secretariat  General  of  the 
Council of the European Union and the Secretariat of the ACP States, Depositaries of 
the Agreement. 

In  accordance  with  Article 15(4)  of  the  Agreement,  the  Joint  ACP-EU  Council  of 
Ministers  agreed  in  Ouagadougou  on  21 June 2010  to  give  a  mandate  to  the 
Committee of Ambassadors to take a decision to this effect.  

There is a need to determine the position to be adopted by the EU within the ACP-EU 
Committee of Ambassadors in response to this request, 

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HAS ADOPTED THIS DECISION: 

Sole Article 

The position of the European Union within the ACP-EU Committee of Ambassadors, on the 
matter  of  Equatorial  Guinea’s  request  for  observer  status  is  to  accept  this  request  under  the 
terms of the attached draft decision.  

The observer status  shall  be valid  until  30 April 2011. Equatorial Guinea should  deposit  the 
Act of Accession with the Council’s Secretariat General before that date. 

Formal changes to the draft ACP-EU Council of Ministers decision may be agreed without its 
being necessary to amend the annex to this Decision. 

Done at Brussels, […] 

For the Council 
The President 

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ANNEX 

Draft 

Decision of the ACP-EU Council of Ministers 
concerning the status of Equatorial Guinea in relation to the revised ACP-EC 
Partnership Agreement 

THE ACP-EU COUNCIL OF MINISTERS, 

Having regard to the Partnership Agreement between the members of the African, Caribbean 
and Pacific Group of States (hereinafter referred to as the “ACP”), on the one hand, and the 
European  Community  and  its  Member  States,  on  the  other,  signed  in  Cotonou  (Benin)  on 
23 June 2000  and  revised  in  Luxembourg  (Grand  Duchy  of  Luxembourg)  on  25 June 2005 
(hereinafter referred to as the “ACP-EC Agreement”)1 and, in particular, Article 15(3) and (4) 
thereof. 

Having regard to Decision No 1/2005 of 8 March 2005 of the ACP-EU Council of Ministers 
concerning the adoption of the Rules of Procedure of the ACP-EU Council of Ministers and, 
in particular, Article 8(3) thereof, 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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

Equatorial  Guinea,  which  signed  the  revised  ACP-EC Agreement  on  25 June 2005, 
deposited  an  instrument  of  ratification  with  a  reservation  –  an  instrument  that  was 
rejected  by 
letter  of 
19 December 2008.  As  a  result,  the  ratification  was  not  validated  according  to  the 
provisions of Article 93(4). 

the  European  Union  and 

its  Member  States 

in  a 

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-EU Council of Ministers. 

In May 2010, Equatorial Guinea presented a request for accession in accordance with 
Article 94 of the ACP-EC Agreement and a request for observer status, enabling it to 
participate in the joint institutions set up by the ACP-EC Partnership Agreement, until 
the accession procedure was completed. 

Observer  status  would  be  valid  until  30 April 2011.  Before  that  date,  Equatorial 
Guinea  should  deposit  the  Act  of  Accession  with  the  Secretariat  General  of  the 
Council  of  the  European  Union  and  with  the  Secretariat  of  the  ACP States, 
Depositaries of the Agreement.  

In accordance with Article 15(4) of the Agreement, the ACP-EU Council of Ministers 
agreed in Ouagadougou on 21 June 2010 to give a mandate to the ACP-EU Committee 
of Ambassadors to take a decision on its behalf. 

1 

OJ L 209, 11.08.2005; OJ L 287, 28/10/2005. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

Equatorial  Guinea  shall  have  observer  status  until  30 April 2011  under  the  Partnership 
Agreement between the members of the African, Caribbean and Pacific Group of States, on 
the  one  hand,  and  the  European  Community  and  its  Member  States  on  the  other,  signed  in 
Cotonou (Benin) on 23 June 2000 and revised in Luxembourg (Grand Duchy of Luxembourg) 
on 25 June 2005. Before that date, Equatorial Guinea should deposit its Act of Accession with 
the  Secretariat  General  of  the  Council  of  the  European  Union  and  the  Secretariat  of  the 
ACP States, Depositaries of the Agreement. 

Article 2 
Entry into force 

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

Done at Brussels, […] 

For  the  ACP-EU  Committee  of  Ambassadors 
on behalf of the ACP-EU Council of Ministers 
The President 

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