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 the Republic of South Sudan in relation to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, and the European Community and its Member States
Date: 2012-05-14
Institutions: European Commission
Subjects: ACP-EU Convention, Sudan, accession to an agreement, observer

EUROPEAN COMMISSION 

Brussels, 14.5.2012  
COM(2012) 213 final 

2012/0107 (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 the Republic of South Sudan in relation to the 
Partnership Agreement between the members of the African, Caribbean and Pacific 
Group of States, and the European Community and its Member States 

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EXPLANATORY MEMORANDUM 

On  23 June 2000,  the  members  of  the  African,  Caribbean  and  Pacific  Group  of  States 
(hereinafter referred to as ACP States), on the one hand, and the European Community and its 
Member States, on the other, signed a Partnership Agreement in Cotonou (Benin) (hereinafter 
referred to as the "Cotonou Agreement").  

On  25 June 2005  in  Luxembourg,  the  ACP  States  and  the  European  Community  and  its 
Member States signed an Agreement amending the Cotonou Agreement. In accordance with 
Article 93(3)  thereof,  the  amended  Cotonou  Agreement  entered  into  force  on  1 July 2008 
following ratification of the revision by the European Community and its Member States and 
by two thirds of the ACP States. 

On  22  June  2010  in  Ouagadougou,  the  ACP  States  and  the  European  Union  signed  an 
Agreement  amending  for  the  second  time  the  Cotonou Agreement,  which  is  provisionally 
applied since 31 October 2010. 

On 9 July 2011, South Sudan formally declared its independence from Sudan, as a result of a 
self-determination referendum under the 2005 Comprehensive Peace Agreement.  

In  a  letter  dated  20  March  2012  sent  to  the  President  of  the  ACP-EU  Council,  through  the 
General  Secretariat  of  the  Council  of  the  European  Union,  the  Republic  of  South  Sudan’s 
Minister  for  Foreign  Affairs  and  International  Cooperation,  Mr  Nhial  Deng  Nhial,  formally 
requested  accession  to  the  Cotonou  Agreement  in  accordance  with  the  provisions  of 
Article 94 of the Agreement. The Republic of South Sudan asked that it in the meantime be 
granted  observer  status,  until  the  accession  procedure  is  completed,  so  as  to  enable  it  to 
participate in the joint institutions set up by the Cotonou Agreement.  

The European Union should respond favourably to these requests, which should be approved 
by  a  formal  decision  by  the  Joint  ACP-EU  Council  of  Ministers,  during  their  meeting  in 
Vanuatu, on 14 and 15 June 2012. 

The observer status should be granted until the authorities of the Republic of South Sudan are 
in  a  position  to  deposit  the  Act  of  Accession,  foreseen  for  20  November  2012  at  the  latest, 
without prejudice to South Sudan doing so at an earlier date. 

In accordance with Article 218(10) of the Treaty on the Functioning of the European Union, 
the European Parliament will be informed. 

The Commission therefore proposes that the Council adopt the attached proposal for an EU 
position  concerning  the  status  of  the  Republic  of  South  Sudan  in  relation  to  the  amended 
Cotonou Agreement. 

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2012/0107 (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 the Republic of South Sudan in relation to the 
Partnership Agreement between the members of the African, Caribbean and Pacific 
Group of States, and the European Community and its Member States 

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 proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

1 
2 

3 

4 

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 20001,  as  first 
amended  in  Luxembourg  on 25 June 20052  (hereinafter  ''the  Cotonou  Agreement''), 
entered  into  force  on 1 July 2008  in  accordance  with  Article 93(3)  thereof.  The 
Cotonou  Agreement  was  amended 
in  Ouagadougou 
for 
on 22 June 20103. The second amendment to the Cotonou Agreement is provisionally 
applied since 31 October 20104. 

the  second 

time 

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

On 20 March 2012, the Republic of South Sudan presented a request for accession in 
accordance  with  Article 94  of  the  Cotonou  Agreement,  as  well  as  a  request  for 
observer status, enabling it to participate in the joint institutions set up by the Cotonou 
Agreement, until the accession procedure is completed. 

OJ L 317, 15.12.2000, p. 3. 
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 (OJ L 209, 11.8.2005, p. 27). 
Agreement amending for the second time 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, as first amended in Luxembourg 
on 25 June 2005 (OJ L 287, 4.11.2010, p. 3). 
Decision n° 2/2010 of the ACP-UE Council of Ministers of 21 June 2010, JO L 287, 04.11.2010, p.68. 

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(4) 

The  approval  by  the  ACP-EU  Council  of  Ministers  of  South  Sudan's  accession,  and 
the  granting  in  the  meantime  of  observer  status  to  South  Sudan,  until  20  November 
2012,  by  the  ACP-EU  Council  of  Ministers  should  be  approved  by  the  European 
Union,  The  Republic  of  South  Sudan  should  deposit  their  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. 

(5) 

It is therefore appropriate to establish the position to be adopted by the EU within the 
ACP-EU Council of Ministers in response to these requests. 

HAS ADOPTED THIS DECISION: 

Sole Article 

The position of the European Union within the ACP-EU Council of Ministers, on the matter 
of the Republic of South Sudan’s requests  for accession and observer status to the Cotonou 
Agreement, as amended in Luxembourg and Ouagadougou, is to accept these requests under 
the terms of the draft Decision of the ACP-EU Council of Ministers annexed to this Decision.  

The  observer  status  shall  be  valid  until  20  November  2012.  The  Republic  of  South  Sudan 
should  deposit  the  Act  of  Accession  with  the  Secretariat  General  of  the  Council  of  the 
European Union and the Secretariat of the ACP States before that date. 

Formal and minor changes to the draft Decision of the ACP-EU Council of Ministers may be 
agreed without requiring this Decision, including its annex, to be amended. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

Draft 

Decision No…/…. 

OF THE ACP-EU COUNCIL OF MINISTERS 

of…… 
concerning the observer status and subsequent accession of the Republic of South Sudan 
to the Partnership Agreement between the members of the African, Caribbean and 
Pacific Group of States, and the European Community and its Member States 

THE ACEP-EU COUNCIL OF MINISTERS, 

Having regard 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  on  23 June 2000 1,  as  first  amended  in 
Luxembourg  on 25 June 2005 2  and  as  amended  for  the  second  time  in  Ouagadougou 
on 22 June 2010 3 (hereinafter ''the Cotonou Agreement'') and in particular Article 94 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 4 and, 
in particular, Article 8(3) thereof, 

Whereas 

(1) 

(2) 

(3) 

1 
2 

3 

4 
5 

The  Cotonou  Agreement  entered  into  force  on  1 July 2008  in  accordance  with 
Article 93(3) thereof. It was first amended in Luxembourg on 25 June 2005, and for a 
second  time  in  Ouagadougou  on 22 June 2010.  The  second  revision  is  provisionally 
applied since 31 October 20105. 

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

On 20 March 2012, the Republic of South Sudan presented a request for accession in 
accordance  with  Article 94  of  the  Cotonou  Agreement  and  a  request  for  observer 
status  enabling  it  to  participate  in  the  joint  institutions  set  up  by  the  Cotonou 
Agreement until the accession procedure was completed. 

OJ EC L 317, 15.12.2000, p. 3. 
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 (OJ EU L 209, 11.8.2005, p. 27). 
Agreement amending for the second time 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, as first amended in Luxembourg 
on 25 June 2005 (OJ EU L 287, 4.11.2010, p. 3). 
OJ EU L 95, 14.4.2005, p. 44. 
Decision n° 2/2010 of the ACP-UE Council of Ministers of 21 June 2010, JO L 287, 04.11.2010, p.68. 

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(4) 

The  Observer  status  should  be  valid  until  20  November  2012.  Before  that  date,  the 
Republic of South Sudan should deposit the Act of Accession with the Depositaries of 
the  Cotonou  Agreement,  namely  the  Secretariat  General  of  the  Council  of  the 
European Union and the Secretariat of the ACP States.  

HAS DECIDED AS FOLLOWS: 

Article 1 
Approval of requests for accession and observer status 

South  Sudan's  request  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 on 23 June 2000, as first amended 
in  Luxembourg  on  25 June 2005  and  as  amended  for  the  second  time  in  Ouagadougou 
on 22 June 2010 is hereby approved.  

South  Sudan  shall  have  observer  status  until  20  November  2012.  It  shall  deposit  its  Act  of 
Accession with the Depositaries of the Cotonou Agreement, namely, the Secretariat General 
of the Council of the European Union and the Secretariat of the ACP States, before that date. 

Article 2 
Entry into force 

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

Done at,  

For the ACP-EU Council of Ministers 
The President 

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