Source: EURLEX
Language: en
Format: md

30.10.2008 EN Official Journal of the European Union L 289/I/1

## II

_(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)_

## DECISIONS

# COUNCIL

**COUNCIL DECISION**

**of 15 July 2008**

**on the signature and provisional application of the Economic Partnership Agreement between the**
**CARIFORUM States, of the one part, and the European Community and its Member States, of the**
**other part**

(2008/805/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 57(2), 71, 80(2), 133(1), 133 (5)
and (6) and 181 in conjunction with the first sentence of the first
subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 12 June 2002 the Council authorised the Commission
to open negotiations on Economic Partnership Agreements
with ACP countries.

(2) These negotiations have been concluded and the Economic
Partnership Agreement between the CARIFORUM States
(comprising Antigua and Barbuda, the Commonwealth of
the Bahamas, Barbados, Belize, the Commonwealth of
Dominica, the Dominican Republic, Grenada, the Republic
of Guyana, the Republic of Haiti, Jamaica, Saint Christopher
and Nevis, Saint Lucia, Saint Vincent and the Grenadines,
the Republic of Suriname and the Republic of Trinidad and
Tobago), of the one Part, and the European Community and
its Member States, of the other Part (hereinafter referred to
as the Agreement), was initialled on 16 December 2007.

(3) Pursuant to Article 243(4) of the Agreement, certain
elements of the Agreement have been applied on the basis
of Council Regulation (EC) No 1528/2007 of 20 December
2007 applying the arrangements for products originating
in certain states which are part of the African, Caribbean
and Pacific (ACP) Group of States provided for in
agreements establishing, or leading to the establishment
of, Economic Partnership Agreements ( [1] ).

( [1] ) OJ L 348, 31.12.2007, p. 1.

(4) Article 243(3) of the Agreement provides for its provisional
application pending its entry into force.

(5) The Agreement should be signed on behalf of the
Community and applied, as concerns elements falling
within the competence of the Community, on a provisional
basis subject to its conclusion at a later date.

(6) The Agreement should not seek to affect the rights of
investors of the Member States of the European Union to
benefit from any more favourable treatment provided for in
any agreement relating to investment to which a Member
State and a CARIFORUM State are Parties. Member States
may maintain and conclude such agreements in so far as
they comply with Community law,

HAS DECIDED AS FOLLOWS:

_Article 1_

The signing of the Economic Partnership Agreement between the
CARIFORUM States, of the one part, and the European
Community and its Member States, of the other part, is hereby
approved on behalf of the Community, subject to the conclusion
of the said Agreement.

The text of the Agreement is attached to this Decision.

_Article 2_

1. The position to be taken by the Community within the Joint
CARIFORUM-EC Council and the CARIFORUM-EC Trade and
Development Committee shall be determined by the Council on
the basis of a proposal by the Commission in accordance with
the corresponding provisions of the Treaty.

L 289/I/2 EN Official Journal of the European Union 30.10.2008

2. For the purposes of Article 228(4) of the Agreement, the
President of the Council and a Member of the Commission shall
together hold the rotating chairmanship of the Joint CARIFORUM-EC Council and present the position of the Community
in accordance with the Treaty. For the purposes of Article 230(2)
of the Agreement, a representative of the Commission shall hold
the rotating chairmanship of the CARIFORUM-EC Trade and
Development Committee and present the position of the
Community.

_Article 3_

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement on behalf of the
European Community subject to its conclusion.

_Article 4_

As concerns elements falling within the competence of the
Community, the Agreement shall be applied on a provisional
basis as provided for in Article 243(3) of the Agreement,
pending completion of the procedures for conclusion. The
Commission shall publish a notice providing information on the
date of provisional application.

Done at Brussels, 15 July 2008.

_For the Council_

_The President_

M. BARNIER