Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2023/0464(NLE)**

**PROPOSAL**

**Brussels, 19 December 2023**
**(OR. en)**

**16987/23**

**ACP 133**
**COAFR 450**
**COLAC 174**
**COASI 223**
**WTO 201**
**RELEX 1506**

From: Secretary-General of the European Commission, signed by Ms Martine
DEPREZ, Director

date of receipt: 19 December 2023

To: Ms Thérèse BLANCHET, Secretary-General of the Council of the
European Union

No. Cion doc.: COM(2023) 791 final

Subject: Proposal for a COUNCIL DECISION on the conclusion, on behalf of the
European Union, of the Partnership Agreement between the European
Union and its Member States, of the one part, and the Members of the
Organisation of African, Caribbean and Pacific States, of the other part

Delegations will find attached document COM(2023) 791 final.

Encl.: COM(2023) 791 final

16987/23 KH/br

## RELEX.2 EN

EUROPEAN

COMMISSION

Brussels, 19.12.2023
COM(2023) 791 final

2023/0464 (NLE)

Proposal for a

**COUNCIL DECISION**

**on the conclusion, on behalf of the European Union, of the Partnership Agreement**
**between the European Union and its Member States, of the one part, and the Members**

**of the Organisation of African, Caribbean and Pacific States, of the other part**

# **EN EN**

**EXPLANATORY MEMORANDUM**

**1.** **CONTEXT** **OF** **THE** **PROPOSAL**

**•** **Reasons for and objectives of the proposal**

The present proposal concerns the conclusion of a new Partnership Agreement between the
European Union (EU) and its Member States and the Members of the Organisation of African,
Caribbean and Pacific States. Formerly known as the “ACP Group of States” (ACP), the
group became the Organisation of African, Caribbean and Pacific States (OACPS), an
international organisation, in April 2020.

Since 2000, the Cotonou Partnership Agreement has been the framework guiding the relations
between the EU and the 79 ACP countries. It is based on political dialogue, and economic,
trade and development cooperation. The Agreement, revised in 2005 and 2010, expired at the
end of February 2020. However, as partners needed more time to negotiate the successor
Partnership Agreement (hereafter referred to as “the Agreement”) and the EU side to
complete its internal process to approve the Agreement’s signature, the application of the
Cotonou Agreement has been transitionally extended five times: initially until 31 December
2020, and subsequently until 30 November 2021, 30 June 2022, 30 June 2023 and 31 October
2023. The Agreement was signed on 15 November 2023 by the EU and its Members States
and by OACPS members [1] . Pursuant to Article 98(4) of the Agreement, its provisional
application will start on the first day of the second month after the signature. In order to avoid
a legal vacuum in the EU-ACP relations, the current Agreement will be subject to a renewal
of its extension until 31 December 2023.

A modernised agreement is greatly needed to upgrade the EU-ACP relationship to mirror the
new ambition stemming from emerging needs and challenges. More interconnected than ever
before, the world has greatly changed since the Cotonou Agreement was adopted, and so have
the EU, its partners and their joint aspirations.

Negotiations on a new agreement began in September 2018, shortly after the Council
authorised the Commission and the High Representative to open negotiations on, and to
negotiate, on behalf of the European Union, the provisions that fall within the competence of
the Union, of a Partnership Agreement between the European Union and its Member States,
of the one part, and the countries of the African, Caribbean and Pacific Group of States, of the
other part and adopted negotiation directives in June 2018. Throughout the negotiations, the
Council and the European Parliament were informed regularly. The special committee
established by the Council decision authorising the opening of negotiations was consulted
throughout the negotiations. The Chief Negotiators initialled the draft text of the Agreement
on 15 April 2021, with the exception of the definition of the parties to the Agreement.

The general aim of the Agreement is to establish an ambitious and strengthened political
partnership, ushering in new dynamics and going beyond traditional development
cooperation. Within the Agreement, each region will be empowered. This will allow the EU
and the members of the OACPS to achieve greater ambitions at local, national, regional and
international level.

The specific objectives of the new Agreement are to:

1 In accordance with Regulation 2015/2264 on the phasing out of the derogation of the Irish language,
international agreements are only translated in Irish from 1 January 2022.

# EN 1 EN

1. promote, protect and fulfil human rights, democratic principles, the rule of law and
good governance, paying particular attention to gender equality;

2. build peaceful and resilient states and societies, tackling ongoing and emerging
threats to peace and security;

3. foster human and social development, and in particular to eradicate poverty and
address inequalities, ensuring that everyone enjoys a life of dignity and that no one is
left behind, with special attention paid to women and girls;

4. mobilise investment, support trade and foster private-sector development, with a
view to achieving sustainable and inclusive growth and creating decent jobs for all;

5. combat climate change, protect the environment and ensure the sustainable
management of natural resources; and

6. implement a comprehensive and balanced approach to migration, so as to reap the
benefits of safe, orderly and regular migration and mobility, stem irregular migration
while addressing its root causes, in full respect of international law and in accordance
with the Parties’ respective competences.

The Commission considers that the objectives set out by the Council in its negotiating
directives were attained and that the negotiated text is acceptable to the Union.

**•** **Consistency with existing policy provisions in the policy area**

The Agreement was negotiated in line with the comprehensive negotiating directives adopted
by the Council in June 2018 [2] on the recommendation from the Commission for a Council
decision authorising the opening of negotiations on a Partnership Agreement between the
European Union and countries of the African, Caribbean and Pacific Group of States, which
built on a prior evaluation, an impact assessment, and a communication. All these guiding
documents took into account the relevant EU policies and strategies in the various areas
concerned, as well as those of the EU’s partners including the African Union Agenda 2063,
the 2007 Joint Africa-EU Strategy (JAES), the 2012 Joint Caribbean EU Partnership Strategy,
and the 2006 Strategy for a Strengthened Partnership with the Pacific Islands.

The new partnership builds on several internationally agreed standards and targets. The
United Nations 2030 Agenda (SDGs), and the Paris Agreement on climate change are at the
heart of the Agreement and the partners’ future action.

More specifically at a thematic level, the Agreement is fully aligned with existing EU
policies:

2 The negotiating directives build on prior evaluations, impact assessment, communication and
recommendation:
o Recommendation for a COUNCIL DECISION authorising the opening of negotiations on a Partnership
Agreement between the European Union and countries of the African, Caribbean and Pacific Group of
States. COM (2017) 763 final.
o JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL. A
renewed partnership with the countries of Africa, the Caribbean and the Pacific. JOIN 2016 (52) final.
o JOINT STAFF WORKING DOCUMENT. Evaluation of the Cotonou Partnership Agreement. SWD
(2016) 250 final.
o JOINT STAFF WORKING DOCUMENT IMPACT ASSESSMENT accompanying the document
JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL A renewed
partnership with the countries of Africa, the Caribbean and the Pacific. SWD (2016) 380 final. JOIN
(2016) 52 final. SWD (2016) 381 final.
o JOINT CONSULTATION PAPER Towards a new partnership between the European Union and the
African, Caribbean and Pacific countries after 2020. JOIN (2015) 33 final.

# EN 2 EN

    - In line with the Global Strategy for the European Union’s Foreign and Security
Policy [3], the Agreement will contribute to building inclusive, peaceful and resilient
societies. It fosters a comprehensive and integrated approach to conflict and crises
and aims at addressing their root causes, along with new or expanding security
threats, such as terrorism, its financing and violent extremism to name but a few.
The partnership dialogue will be key in further deepening actions in these fields and,
more broadly, in all areas covered by the partnership. Fostering more political
cooperation, the Agreement reaffirms the importance of cooperating in international
fora, but also of building alliances on the global scene to achieve an effective
multilateral system.

    In line with the European Consensus on Development [4], the Agreement includes
comprehensive commitments inspired by, and which will contribute to achieving, the
Sustainable Development Goals (SDGs) under the United Nations 2030 Agenda. The
Agreement’s people-centred approach takes into account the various, interlinked
aspects of sustainable development, whether economic, social, environmental or
security-related. All these important dimensions, together with other cross-cutting
elements, such as youth, gender equality, good governance and human rights,
complement each other and have been given particular importance. Together,
partners will work to protect the planet, eradicate poverty in all its forms, tackle
inequalities and promote social cohesion.

    - In line with the European Green Deal [5], and the EU environmental policies, the
Agreement recognises the need to take urgent action at various level to ensure the
planet’s sustainability and counter the serious threat posed by climate change,
environmental degradation, and unsustainable use of natural resources. Partners aim
to strengthen the global response to climate change, build resilience and play an
important role in implementing the Paris Agreement, which will act as an
overarching framework guiding the partnership.

    - In line with the new Pact on Migration and Asylum [6], and the EU migration policy,
the Agreement adopts a comprehensive and balanced approach, addressing in a
coherent manner the various inter-linked dimensions of both legal and irregular
migration to foster well-managed migration and mobility.

    - The proposal is also fully consistent with other relevant Union policies related to the
set priorities, such as energy, education, gender equality, employment, research and
innovation and trade.

**2.** **LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY**

**•** **Legal basis**

The legal basis for conclusion of the Agreement is Article 217, in conjunction with Article
218(6)(a) read in conjunction with the second sub-paragraph of Article 218(8) of the Treaty
on the Functioning of the European Union.

When adopting its decision authorising the opening of negotiations on a Partnership
Agreement with the countries of Africa, the Caribbean and the Pacific (ACP), the Council
adapted the title and Article 1 of the recommended decision to the effect that the Partnership

3 [Global Strategy for the European Union’s Foreign and Security Policy](http://eeas.europa.eu/sites/eeas/files/eugs_review_web_0.pdf)
4 [European Consensus on Development](http://ec.europa.eu/international-partnerships/system/files/european-consensus-on-development-final-20170626_en.pdf)
5 [European Green Deal](http://ec.europa.eu/info/strategy/priorities-2019-2024/european-green-deal_en)
6 [New Pact on Migration and Asylum](http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1601287338054&uri=COM%3A2020%3A609%3AFIN)

# EN 3 EN

Agreement is determined as "mixed" [7] . In addition, the Representatives of the Governments of
the Member States, meeting within the Council, adopted a separate intergovernmental
decision authorising the Commission to negotiate on their behalf provisions of the provisional
application that fall within Member States’ competence [8] . The negotiations were successfully
concluded on 15 April 2021, with the exception of the definition of the parties. On 11 June
2021, the Commission made a proposal for a Council Decision on the signature and
provisional application of the Partnership Agreement as an EU only Agreement. On 20 July
2023, the Council adopted the decision on the signature and provisional application of the
Partnership Agreement as a mixed agreement [9] . Following the decision of the Council, and in
order to avoid that the conclusion by the European Union is delayed in the Council, the
Commission and the High Representative decided to submit the enclosed draft proposal for
conclusion of the Agreement as a mixed agreement.

     - **Proportionality**

This initiative directly pursues the Union's objective in external action and contributes to the
political priority of 'EU as a stronger global actor’. It is in line with the EU Global Strategy’s
orientations to engage with others and revamp its external partnerships in a responsible way,
in order to attain the EU's external priorities. The proposal strengthens the cooperation with
the respective regions, allowing for a more tailored approach and supporting the EU’s
comprehensive strategy with Africa. The proposed Agreement also facilitates interactions
between the various levels of governance.

**•** **Choice of the instrument**

This proposal is in accordance with Article 218(6) TFEU, which envisages the adoption by
the Council of decisions on international agreements. There exists no other legal instrument
that could be used in order to achieve the objective expressed in this proposal.

**3.** **RESULTS** **OF** **EX-POST** **EVALUATIONS,** **STAKEHOLDER**
**CONSULTATIONS** **AND** **IMPACT** **ASSESSMENTS**

**•** **Ex-post evaluations/fitness checks of existing legislation**

It was important for the EU and its partners to take into account the lessons learned from their
longstanding cooperation. As part of the policy preparation for a new Partnership Agreement
with African, Caribbean and Pacific States, a number of specific evaluations and consultations
were carried out ahead of, and during, the negotiations to both seek public, stakeholders and
partners’ views and draw conclusions from the EU-ACP cooperation in the past decades.
These can be grouped into two categories:

7 Council Decision authorising the European Commission and the High Representative of the Union for
Foreign Affairs and Security Policy to open negotiations on, and to negotiate, on behalf of the European
Union, the provisions that fall within the competence of the Union, of a Partnership Agreement between
the European Union and its Member States, of the one part, and the countries of the African, Caribbean
and Pacific Group of States, of the other part, ST 9426 2018 INIT.
8 Decision of the representatives of the governments of the Member States, meeting within the Council
authorising the European Commission to negotiate, on behalf of the Member States, the provisions that
fall within the competences of the Member States, of a Partnership Agreement between the European
Union and its Member States, of the one part, and the countries of the African, Caribbean and Pacific
Group of States, of the other part, ST 9426 2018 INIT.
9 Council Decision [as set out in Council document 8371/23 DCL 1] of 20 July 2023 on the signing, on
behalf of the European Union, and provisional application of the Partnership Agreement between the
European Union, of the one part, and the members of the Organisation of African, Caribbean and
Pacific (OACPS) States, of the other part.

# EN 4 EN

        - Evaluation of the Cotonou Partnership Agreement (CPA)

        - Public consultations

The related conclusions and results were taken into account and are reflected in the proposed
Agreement.

**•** **Impact assessment**

In 2016, an impact assessment (SWD (2016) 0380 final) was published together with a
Communication about the EU's future relations with ACP countries (JOIN 2016 (52) final),
which served as a basis for the subsequent Commission recommendation for a Council
decision authorising the opening of negotiations and the Council negotiating directives. It
aimed at determining which type of format was required to best organise and govern relations
with partners in Africa, the Caribbean and Pacific. The impact assessment identified various
options and a preferred way forward, which was in the end chosen, and can be summarised as
follows: “ _The preferred option for the EU is that a new partnership between the EU and the_
_ACP countries, in the form of an overarching agreement including a 'roof' listing common_
_values, principles and interests and identifying general principles and avenues for_
_cooperation in the international arena, and three partnerships setting region-specific_
_priorities and actions to implement respectively in Africa, the Caribbean and the Pacific._ ”

**•** **Regulatory fitness and simplification**

Not applicable.

**•** **Fundamental rights**

One of the objectives of the Agreement is that of promoting and upholding human rights and
fundamental freedoms as well as democracy, rule of law and good governance. This is an
important aspect given the changing international scene with emerging powers which do not
necessarily share these values and principles. In accordance with the EU’s Common approach
on the use of political clauses, in cases of violation of the essential elements of the
Agreement, the Parties shall hold structured and systematic consultations. Where they are
unable to reach a mutually acceptable solution, the notifying Party may take appropiate

measures.

**4.** **BUDGETARY** **IMPLICATIONS**

The Agreement contains no financial protocol. The EU commits to make available the
appropriate level of financial resources in line with its internal regulations and procedures.

**5.** **OTHER** **ELEMENTS**

**•** **Implementation plans and monitoring, evaluation and reporting arrangements**

The implementation of the Agreement will be monitored through regular partnership
dialogue, ref. General Part, Part I, Art. 3 (1) _._ The Regional Protocols contain specific
provisions on implementation and monitoring, ref. African Regional Protocol, Part I, Art.6;
Caribbean Regional Protocol, Part I, Art. 8 and Pacific Regional Protocol, Part I, Art. 8.

The OACPS-EU Council of Ministers shall oversee the effective and consistent
implementation of the Agreement and adopt policy guidelines and take decisions to give
effect to specific aspects necessary for the implementation of the provisions of the
Agreement, ref. General Part, Part V, art. 88.

# EN 5 EN

**•** **Detailed explanation of the outcome of the negotiations**

The Agreement establishes an ambitious and strengthened political partnership between the
EU and the members of the OACPS, with the objective of generating mutually beneficial
outcomes on common interests. It will take the form of an association agreement and be
concluded for a period of twenty years.

More strategically, the Agreement extends the scope and scale of partners’ cooperation, with
the overarching aim of building stronger societies. This renewed partnership is a political
achievement and marks a turning point. It shifts dynamics and upgrades partners’ relations to
tackle the most pressing challenges faced in each region specifically. The Agreement is in
tune with the regional and global contexts, but also the latest internationally agreed laws,
standards, advances and, most importantly, with peoples’ needs.

This creates a coherent framework with partner countries at all political levels, be it national,
(sub)-regional or at partnership level with a global dimension. The Agreement advocates
effective multilateralism and sets the scene for more political and coordinated actions on the
world stage where the partnership’s impact can be significant.

**Innovative “1 + 3” structure**

The EU’s relationship with the members of the OACPS has been deepened, but also
overhauled to be fit for purpose, bringing the centre of gravity to the three regions.
Accordingly, the Agreement now consists of:

1. A **General Part** (the Foundation) common to all signatories and composed of:

Part I - **General provisions**, presenting the general objectives and principles.

Part II - **Strategic priorities**, divided into six key titles:

        - Title I - Human rights, democracy, and governance in people-centred and
rights-based societies

        - Title II - Peace and security

        - Title III - Human and social development

        - Title IV - Inclusive, sustainable economic growth and development

        - Title V - Environmental sustainability and climate change

        - Title VI - Migration and mobility

Part III - **Global alliances and international cooperation**, detailing the new political
ambitions on the world stage.

Part IV - **Means of cooperation and implementation**, describing the diversified resources to
achieve the objectives of the partnership.

Part V - **Institutional framework**, explaining the different settings and partners involved.

Part VI - **Final provisions**, providing details on the application of the Agreement.

Annex I: Return and readmission processes.

Annex II: Operations of the European Investment Bank.

# EN 6 EN

The Agreement establishes the institutional framework that will govern the Partnership
Agreement, both at Foundation and regional levels. In particular, the General Part of the
Agreement (Foundation), which applies to all signatories, will be managed by the OACPS-EU
Council of Ministers (expected to meet every 3 years) supported by a Committee of
Ambassadors, possible OACPS-EU Summits (upon joint agreement) and a new OACPS-EU
Joint Parliamentary Assembly (JPA - meeting yearly and whose members are also members
of the three regional joint parliamentary assemblies).

2. **Three Regional Protocols** are provided for between the countries of each region and the
EU respectively. Every protocol is tailor-made to the regions’ needs and dynamics and thus fit
to address the particular challenges they face. Following this logic, each region will have its
own institutional set-up to steer the protocol in question. It includes a Council of Ministers
meeting at an interval agreed by the Parties, a Committee of Ambassadors, the possibility of
meeting at Heads of State/Government level, and a Joint Parliamentary Assembly:

**A.** **Africa Regional Protocol**

With its tailored priorities, detailed specifically according to the region’s needs:

        - Inclusive and sustainable economic growth and development

        - Human and social development

        - Environment, natural resources management and climate change

        - Peace and security

        - Human rights, democracy and governance

        - Migration and mobility

And specific governance:

Africa-EU Council of Ministers, Africa-EU Joint Committee; Africa-EU
Parliamentary Assembly.

The Africa Protocol will be implemented in coherence and complementarity with the
continent-to-continent partnership, taking into account the strategic and political
guidance of the AU-EU Summits. It encourages dialogue and cooperation on crossregional and continental issues with African countries that are not party to the
Agreement, with regional economic communities and other relevant actors.

**B.** **Caribbean Regional Protocol**

With its tailored priorities, detailed specifically according to the region’s needs:

        - Inclusive and sustainable economic growth and development

        - Environmental sustainability, climate change and sustainable management of
natural resources

        - Human rights, governance, peace and security

        - Human development and social cohesion

And specific governance:

Caribbean-EU Council of Ministers, Caribbean-EU Joint Committee, Caribbean-EU
Parliamentary Assembly.

# EN 7 EN

**C.** **Pacific Regional Protocol**

With its tailored priorities, detailed specifically according to the region’s needs:

        - Environmental sustainability and climate change

        - Inclusive and sustainable economic development

        - Ocean, seas and fisheries

        - Security, human rights, democracy and governance

        - Human and social development

And specific governance:

Pacific-EU Council of Ministers, Pacific-EU Joint Committee, Pacific-EU
Parliamentary Assembly.

**-**
**People** **centred partnership**

The Agreement goes beyond its predecessor in various fields and provides an opportunity to
play an important role in many areas.

Partners will contribute to the achievement of the Sustainable Development Goals (SDGs)
and the fight against climate change, with the 2030 Agenda for Sustainable Development and
the Paris Agreement as overarching frameworks guiding the partnership.

The Agreement seeks to create new economic opportunities for all. Special attention is paid to
sustainable, inclusive growth and job creation. In particular, stimulating investment and
private sector development will be crucial in accelerating sustainable development, to which
science, technology, research, innovation and the digital transition will contribute
significantly. Cooperation on economic and trade matters will also be improved, facilitating
bilateral trade and investment flows, reducing technical barriers to trade, improving
government procurement and protecting intellectual property. All existing trade agreements,
such as the Economic Partnership Agreements (EPA), will remain in place. Cooperation
among partners will contribute to upholding high environmental, social and labour standards.

This goes hand in hand with a renewed focus on climate change and environmental
sustainability across a number of areas. Recognising the urgency to act and that climate
change and natural degradation pose a serious threat to the attainment of sustainable
development, partners have agreed to large-ranging commitments to preserve and protect the
planet, its ecosystems and oceans. In line with the Paris Agreement targets, the response to
climate change will be strengthened. Joint efforts will be made to address adaptation,
mitigation and better tackle natural disasters. This is part of a global, environmental-friendly
approach promoting the sustainable development of a blue economy and support the transition
towards greener (low-emission/resource efficient) economies.

The cooperation between the EU and members of the OACPS is also rooted in a common set
of values and universal principles. Respect for human rights, international law, democratic
principles and the ones set out in the Charter of the United Nations constitute the basis for
cooperation under the Agreement. They are considered as key issues to ensure other mutual
priorities flourish, just like commitments to the rule of law and good governance, which have
been strengthened in the Agreement. The same goes for peace and security, where new or
emerging threats will be addressed, such as piracy and trafficking in persons, drugs, arms and
other illicit goods, as well as cybercrime and threats to cybersecurity, which are essential
elements of an integrated approach towards conflict, crisis and their root causes.

# EN 8 EN

The Agreement fosters strenghtened cooperation, both sectoral and political, including on
foreign policy issues of common interest. These include peacekeeping, terrorism, situations of
fragility, death penalty with unprecedented provisions, but also law enforcement and
migration and mobility. On the latter, new commitments reflecting a comprehensive and
balanced approach address the various inter-linked dimensions of legal and irregular
migration in a coherent manner. To foster well-managed migration and mobility, the
Agreement promotes strengthened cooperation between partners, relevant agencies and
institutions, while also improving return and readmission, with more predictability and
enforceability. Common challenges will be better tackled, including the root causes of
irregular migration, trafficking and smuggling of migrants.

Human and social development is fostered strongly in the partnership, with the objective of
tackling poverty and inequalities, while leaving no-one behind. As recommended in the
negotiating directives, stronger commitments have been made within the Agreement to
improve gender equality, social services, such as education and health, and social
inclusiveness. Partners will cooperate to better address various challenges faced such as food
security, rapid population growth and global health crises.

Dialogue has been at the heart of EU-OACPS States relations for years and the new
Agreement will further strengthen this important dimension through regular, balanced,
comprehensive and substantive partnership dialogue on all areas of this Agreement.

In addition, the Agreement fosters multi-stakeholder cooperation, recognising the importance
of youth and various partners including local authorities, civil society organisations and the
private sector in shaping a better future. Active engagement in dialogue and cooperation
processes, but also collaborative work towards an effective implementation of the Agreement
will be key.

All the elements mentioned above are interlinked and will be key in taking our relations to the
next level. This means that the Regional Protocols, their interpretation and implementation
must respect at all times the provisions and principles contained under the General Part of the
Agreement.

# EN 9 EN

2023/0464 (NLE)

Proposal for a

**COUNCIL DECISION**

**on the conclusion, on behalf of the European Union, of the Partnership Agreement**
**between the European Union and its Member States, of the one part, and the Members**

**of the Organisation of African, Caribbean and Pacific 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(6)(a) and (8), second subparagraph thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) In accordance with Council Decision [as set out in Council document 8371/23 DCL
1] [10], the Partnership Agreement between the European Union and its Member States
and the Members of the Organisation of African, Caribbean and Pacific States
(OACPS) (‘the Agreement’), was signed on 15 November 2023, subject to its
conclusion at a later date.

(2) The Agreement reflects both the historically close relationship and increasingly strong
links developing between the European Union and its Member States and the
Members of the Organisation of African, Caribbean and Pacific States (OACPS), and
their desire to further strengthen and extend their relations in an ambitious and
innovative way. The Agreement redefines the relationship between the EU and ist
Member States and the Members of the Organisation of African, Carribean and Pacific
States, including the priorities and working methods in the different policy domains to
which the Agreement extends.

(3) The Agreement should be approved on behalf of the European Union.

HAS ADOPTED THIS DECISION:

_Article 1_

The Partnership Agreement between the European Union and its Member States, of the one
part, and the Members of the Organisation of African, Caribbean and Pacific States, of the
other part (‘the Agreement’) is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

10 Council Decision [as set out in Council document 8371/23 DCL 1] of 20 July 2023 on the signing, on
behalf of the European Union, and provisional application of the Partnership Agreement between the
European Union, of the one part, and the members of the Organisation of African, Caribbean and
Pacific (OACPS) States, of the other part.

# EN 10 EN

_Article 2_

The President of the Council shall designate the person or persons empowered to deposit, on
behalf of the Union, the instrument of approval provided for in Article 98(2) of the
Agreement in order to express the consent of the Union to be bound by the Agreement.

_Article 3_

This Decision shall enter into force on the day of its adoption. [ 11]

Done at Brussels,

_For the Council_

_The President_

11 The date of entry into force of the Agreement will be published in the Official Journal of the European
Union by the General Secretariat of the Council.

# EN 11 EN