Source: EURLEX
Language: en
Format: md

24.4.2012 EN Official Journal of the European Union L 111/1

# IV

_(Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty)_

**COUNCIL DECISION**

**of 13 July 2009**

**on the signing and provisional application of the Interim Agreement establishing a framework for**
**an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one**
**part, and the European Community and its Member States, on the other part**

(2012/196/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 133 and 181, in
conjunction with 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 to conclude
Economic Partnership Agreements with African,
Caribbean and Pacific (ACP) States.

(2) Negotiations for an interim agreement establishing a
framework for an Economic Partnership Agreement
(hereinafter referred to as the ‘Interim EPA’) were
concluded on 28 November 2007 with Seychelles,
Zambia and Zimbabwe. On 4 December 2007, the
Interim EPA was initialled by Mauritius and on
11 December 2007 by Comoros and Madagascar.

(3) Article 62(4) of the Interim EPA provides for its
provisional application pending its entry into force.

(4) The Interim EPA 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,

HAS DECIDED AS FOLLOWS:

_Article 1_

The signing of the Interim Agreement establishing a framework
for an Economic Partnership Agreement between the Eastern
and Southern Africa States, on the one part, and the

European Community and its Member States, on the other
part, is hereby approved on behalf of the Community, subject
to a Council Decision concerning the conclusion of the said
Economic Partnership Agreement.

The text of the Interim EPA is attached to this Decision.

_Article 2_

1. For the purposes of Article 64(3) of the Interim EPA, the
delegation of the EC Party to the EPA Committee shall be
composed of the members of the Council and of representatives
of the Commission. It shall be chaired jointly by the
Commission and the Presidency of the Council.

2. The position to be taken by the Community within the
EPA 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.

_Article 3_

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

_Article 4_

As concerns elements falling within the competence of the
Community, the Interim EPA shall be applied on a provisional
basis as provided for in Article 62(4) thereof, pending
completion of the procedure for its conclusion. The
Commission shall publish a notice providing information on
the date of provisional application.

Done at Brussels, 13 July 2009.

_For the Council_

_The President_

E. ERLANDSSON