Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the ACP-EU Council of Ministers regarding the revision of Annex III of the ACP-EU Partnership Agreement
Date: 2014-06-10
Institutions: European Commission
Subjects: ACP-EU Convention, ACP-EU Council of Ministers, private investment, revision of an agreement













EUR-Lex - 52014PC0364 - EN











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52014PC0364

Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the ACP-EU Council of Ministers regarding the revision of Annex III of the ACP-EU Partnership Agreement /* COM/2014/0364 final - 2014/0184 (NLE) */









EXPLANATORY MEMORANDUM
The “Agenda for Change”[1] mentions that inclusive and sustainable economic growth is crucial
to long-term poverty reduction. Such economic growth requires a favourable
business environment, increase of local competitiveness and new ways of
engaging with the private sector via existing financial instruments or others
yet to put in place. 
The 4th High Level Forum on Aid
Effectiveness in Busan called for a more direct private sector engagement in
order to advance innovation, create income and jobs, promoting SMEs and
entrepreneurship, mobilize domestic resources and further develop innovative
financial mechanisms.
The above has guided the joint EU-ACP
discussions on private sector development support that should be reflected in
the programming and implementation of the 11th European Development
Fund (hereinafter referred to as 'EDF'). 
These aspects and the evolution of the
international context, in particular the considerable number of actors and
modalities able to provide effective private sector support imply that
programmes are to be implemented through organisations that have shown their
capacity to deliver high quality expertise in a cost-effective way.
Based on this, the modification of Annex
III 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[2]
(hereinafter referred to as the 'ACP-EU Partnership Agreement'), as last
amended in Ouagadougou, Burkina Faso, on 22 June 2010[3], concerns the deletion of references to the Centre for the
Development of Enterprise (hereinafter referred to as 'CDE').
The Commission proposes that the Council of
the European Union adopts the attached Decision.
2014/0184 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken by the
European Union within the ACP-EU Council of Ministers regarding the revision of
Annex III of the ACP-EU Partnership Agreement
THE COUNCIL OF THE EUROPEAN UNION,
Having
regard to the Treaty on the Functioning of the European Union, and in
particular Article 209 (2) in conjunction with Article 218 (9) thereof,
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[4]
(hereinafter referred to as the 'ACP-EU Partnership Agreement'), as last
amended in Ouagadougou, Burkina Faso, on 22 June 2010[5], 
Having
regard to the proposal from the European Commission,
Whereas:
(1)       Article 100 of the ACP-EU
Partnership Agreement states that its Annexes Ia, Ib, II, III, IV and VI may be
revised, reviewed and/or amended by the ACP-EU Council of Ministers on the
basis of a recommendation from the ACP-EU Development Finance Cooperation
Committee.
(2)        At the 4th High Level Forum on Aid Effectiveness in Busan, the
Parties to the ACP-EU Partnership Agreement called for a more direct private
sector engagement in order to advance innovation, create income and jobs, promoting SMEs and entrepreneurship, mobilize domestic resources and further
develop innovative financial mechanisms.
(3)        Taking into account the above and the evolution of the international
context, in particular the considerable number of actors and modalities able to
provide effective private sector support, related programs are to be
implemented through organizations that have shown their capacity to provide
high quality expertise in a cost-effective way.
(4)        The modification of Annex III concerns the deletion of the
references to the Centre for the Development of
Enterprise (hereinafter referred to as 'CDE').
HAS ADOPTED THIS DECISION:
Article 1
1.           The position to be adopted by the Union in the ACP-EU Council
of Ministers regarding the revision of Annex III to the ACP-EU Partnership
Agreement is established under the terms of the draft Decision of the ACP-EU
Council of Ministers annexed to this Decision.
2.           Minor changes to the draft Decision may be
agreed by the representatives of the Union in the ACP-EU Council of Ministers
without further decision of the Council. 
Article 2
After
its adoption, the Decision of the ACP-EU Council of Ministers shall be
published in the Official Journal of the European Union.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               COM(2011) 637 Communication from the Commission to
the European Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions: “Increasing the impact of EU
development policy: an Agenda for Change”.
[2]               OJ L 317, 15.12.2000, p. 3.
[3]               OJ L 287, 4.11.2010, p.3
[4]               OJ L 317, 15.12.2000, p. 3.
[5]               OJ L 287, 4.11.2010, p.3
ANNEX
to the
Proposal for a
COUNCIL DECISION
on the position to be taken by the
European Union within the ACP-EU Council of Ministers regarding the revision of
Annex III of the ACP-EU Partnership Agreement

ANNEX
Draft
DECISION OF THE ACP-EU COUNCIL OF MINISTERS
regarding the revision of Annex III of the ACP-EU Partnership Agreement

THE
ACP-EUCOUNCIL 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]
(hereinafter referred to as the 'ACP-EU Partnership Agreement'), as last
amended in Ouagadougou, Burkina Faso, on 22 June 2010[2], and in
particular Article 100 thereof,
Whereas:
(1)              
Article
100
of
the ACP-EU Partnership Agreement states that its Annexes Ia, Ib, II, III, IV and VI may be
revised, reviewed and/or amended by the ACP-EU Council of Ministers on the
basis of a recommendation from the ACP-EU Development Finance Cooperation
Committee.
(2)              
At the 4th High
Level Forum on Aid Effectiveness in Busan, the Parties to the ACP-EU
Partnership Agreement called for a more direct private sector engagement in
order to advance innovation, create income and jobs, promoting SMEs and entrepreneurship, mobilize
domestic resources and further develop innovative financial mechanisms.
(3)              
Taking into
account the above and the evolution of the international context, in particular
the considerable number of actors and modalities able to provide effective
private sector support, related programs are to be implemented through
organizations that have shown their capacity to provide high quality expertise
in a cost-effective way.
(4)              
The modification
of Annex III concerns the deletion of the references to the Centre for the Development of Enterprise (hereinafter referred to as
'CDE'). 
HAS
DECIDED AS FOLLOWS:
Article 1
Annex
III to the ACP-EU Partnership Agreement is amended as follows:
1.           The title of Annex III is replaced by the
following: 
‘Institutional
Support’
2.           Article 1 is replaced by the following:
‘Cooperation
shall support the institutional mechanism to promote agriculture and rural
development. In this context, cooperation shall help to strengthen and
reinforce the role of the Technical Centre for Agricultural and Rural
Cooperation (CTA) in ACP institutional capacity development, particularly
information management, in order to improve access to technologies for
increasing agricultural productivity, commercialization, food security and rural
development.’
3.           Article 3 becomes Article 2 replacing it.
Article 2
The initiation of the liquidation of the
Centre for the Development of the Enterprise (CDE) is endorsed by this Decision
as follows:
1.           The ACP-EU Council of
Ministers mandates the Executive Board of the CDE to take all appropriate
measures to initiate the liquidation of the CDE, under the supervision of the
ACP-EU Committee of Ambassadors.
2.           The liquidation process
shall be concluded by December 31, 2016 at the latest.
3.           The liquidation of the CDE
and all related expenses shall be financed by the 11th European
Development Fund.
Article 3
The
present Decision shall be adopted within the ACP-EU Council of Ministers.

This Decision shall enter into force upon its adoption.
Done
at [...],
[...]
 For the Council of the European Union || For the ACP Council of Ministers 
 The Chair || The Chair 
[1]               OJ L 317, 15.12.2000, p. 3.
[2]               OJ L 287, 4.11.2010, p.3