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 Federal Republic of Somalia in relation 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
Date: 2013-05-08
Institutions: European Commission
Subjects: ACP-EU Convention, ACP-EU institution, Somalia, accession to an agreement

EUROPEAN 
COMMISSION 

Brussels, 8.5.2013  
COM(2013) 272 final 

2013/0145 (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 Federal Republic of Somalia in relation 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 

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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  has  been 
provisionally applied since 31 October 2010. 

In  a  letter  dated  25  February  2013  sent  to  the  EU  High  Representative/Vice  President 
Catherine  Ashton,  and  to  the  President  of  the  ACP-EU  Council  through  the  General 
Secretariat of the Council of the European Union, the Federal Republic of Somalias Minister 
of  Foreign  Affairs  and  International  Cooperation,  H.E.  Fawzia  Yusuf  Adam,  formally 
requested  observership  and  subsequent  accession  to  the  Cotonou  Agreement  in  accordance 
with  the  provisions  of  Article 94  of  the  Agreement.  The  European  Union  should  respond 
favourably to this request, which should be approved by a formal decision by the Joint ACP-
EU Council of Ministers, during their meeting in Brussels, on 6 and 7 June 2013. 

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 Federal Republic of Somalia in relation to the amended 
Cotonou Agreement. 

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2013/0145 (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 Federal Republic of Somalia in relation 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 

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) 

(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  has  been 
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  25  February  2013,  the  Federal  Republic  of  Somalia  presented  a  request  for 
accession in accordance with Article 94 of the Cotonou Agreement. 

The  approval  of  Somalias  accession  by  the  ACP-EU  Council  of  Ministers  should  be 
supported by the European Union, the Federal Republic of Somalia 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. 

(5) 

It is therefore appropriate to establish the position to be adopted by the EU within the 
ACP-EU Council of Ministers, 

1 
2 

3 

4 

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 No 2/2010 of the ACP-UE Council of Ministers of 21 June 2010, JO L 287, 4.11.2010, p.68. 

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HAS ADOPTED THIS DECISION:  

Sole Article 

The position of the European Union within the ACP-EU Council of Ministers, on the matter 
of the Federal Republic of Somalia’s request for observership and subsequent accession to the 
Cotonou Agreement, as amended in Luxembourg and Ouagadougou, is to accept this request 
under  the  terms  of  the  draft  Decision  of  the  ACP-EU  Council  of  Ministers  annexed  to  this 
Decision.  

Formal and minor changes to the annexed draft Decision of the ACP-EU Council of Ministers 
may be agreed without requiring the present Decision 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 Federal Republic of 
Somalia 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 

THE ACP-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 5,  as  first  amended  in 
Luxembourg  on 25 June 2005 6  and  as  amended  for  the  second  time  in  Ouagadougou 
on 22 June 2010 7 (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 8 and, 
in particular, Article 8(2) thereof, 

Whereas 

(1) 

(2) 

(3) 

(4) 

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 has provisionally 
been applied since 31 October 20109. 

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  25  February  2013,  the  Federal  Republic  of  Somalia  presented  a  request  for 
observership and subsequent accession in accordance with Article 94 of the Cotonou 
Agreement.  

The  Federal  Republic  of  Somalia  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 request for accession and observer status 

5 
6 

7 

8 
9 

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 No 2/2010 of the ACP-UE Council of Ministers of 21 June 2010, JO L 287, 4.11.2010, p.68. 

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The  Federal  Republic  of  Somalia'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.  

The Federal Republic of Somalia shall deposit its Act of Accession with the Depositaries of 
the Agreement, namely, the Secretariat General of the Council of the European Union and the 
Secretariat of the ACP States. 

Pending  its  accession,  the  Federal  Republic  of  Somalia  may  attend  Council  sessions  as 
observer. 

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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