Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File:**

**2021/0145(NLE)**

**PROPOSAL**

**Brussels, 11 June 2021**
**(OR. en)**

**9752/21**

**ACP 59**
**COAFR 161**
**COLAC 42**
**COASI 89**
**WTO 154**
**RELEX 554**

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

date of receipt: 11 June 2021

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council
of the European Union

No. Cion doc.: COM(2021) 312 final

Subject: Proposal for a COUNCIL DECISION 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

Delegations will find attached document COM(2021) 312 final.

Encl.: COM(2021) 312 final

9752/21 PS/br

## RELEX.1.B EN

EUROPEAN

COMMISSION

Brussels, 11.6.2021
COM(2021) 312 final

2021/0145 (NLE)

Proposal for a

**COUNCIL DECISION**

**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 EN**

**EXPLANATORY MEMORANDUM**

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

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

The present proposal concerns the signature and provisional application of a new Partnership
Agreement between the European Union (EU) and 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 end of
February 2020. However, as partners needed more time to negotiate the successor Partnership
Agreement, the application of the Cotonou Agreement was transitionally extended twice.
First, until 31 December 2020 and a second time until 30 November 2021 or until the
provisional application of the new Partnership Agreement (hereafter referred to as “the
Agreement”), whichever comes first.

A modernised agreement is greatly needed to upgrade the EU-ACP relationship to mirror the
new ambitions 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 was 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 [th] of 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. 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;

# EN 1 EN

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 [1] 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
builds 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 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:

1 The negotiating directives build on prior evaluation, impact assessment, communication and a
recommendation, with the following specific references:

      - 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.

      - [JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL. A renewed](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52016JC0052)
[partnership with the countries of Africa, the Caribbean and the Pacific. JOIN 2016 (52) final.](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52016JC0052)

      - [JOINT STAFF WORKING DOCUMENT. Evaluation of the Cotonou Partnership Agreement. SWD](http://ec.europa.eu/international-partnerships/system/files/evaluation-post-cotonou_en.pdf)
(2016) 250 final.

      - [JOINT STAFF WORKING DOCUMENT IMPACT ASSESSMENT accompanying the document JOINT](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:380:FIN)
[COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL A renewed](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:380:FIN)
[partnership with the countries of Africa, the Caribbean and the Pacific. SWD (2016) 380 final. JOIN](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:380:FIN)
(2016) 52 final. SWD (2016) 381 final.

      - [JOINT CONSULTATION PAPER Towards a new partnership between the European Union and the](http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52015JC0033)
[African, Caribbean and Pacific countries after 2020. JOIN (2015) 33 final.](http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52015JC0033)

# EN 2 EN

    - In line with the Global Strategy for the European Union’s Foreign and Security
Policy [2], 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.
Political 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 [3], 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-centered 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-cuttings
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 [4], 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 [5], 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
Article218(5) and the second subparagraph of Article 218(8) of the Treaty on the Functioning
of the European Union.

2 [Global Strategy for the European Union’s Foreign and Security Policy](http://eeas.europa.eu/sites/eeas/files/eugs_review_web_0.pdf)
3 [European Consensus on Development](http://ec.europa.eu/international-partnerships/system/files/european-consensus-on-development-final-20170626_en.pdf)
4 [European Green Deal](http://ec.europa.eu/info/strategy/priorities-2019-2024/european-green-deal_en)
5 [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

In accordance with the Treaties, the Commission makes a proposal for the signature and
provisional application of an agreement of the Union only. [6]

**•** **Proportionality**

This initiative pursues directly 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 ‘One
Africa Approach’. The proposed Agreement also facilitates interactions between the various
levels of governance.

**•** **Choice of the instrument**

This proposal is in accordance with Article 218(5) 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 countries, 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:

      - 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 recommendation and negotiating directives. It
aimed at determining which type of format is 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_

6 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 4 EN

_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.

**•** **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 new 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

# EN 5 EN

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 group’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 countries 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.

Annexe II: Operations of the European Investment Bank.

EU Declaration on means of cooperation and implementation.

# EN 6 EN

The Agreement will be governed differently, at either partnership or regional level, according
to the matters and format concerned. In particular, this General Part of the Agreement, which
applies to all countries, 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 faced. 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.

This will foster a _common approach towards Africa._ The protocol will act as the legal
basis (an association agreement, similar to the ones concluded between the EU and
North African countries) and the political guidance will build on the outcome of
African Union-European Union Summits.

**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

# EN 7 EN

And specific governance:

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

**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, environmentally-friendly
approach promoting the sustainable development of a blue economy and support the transition
towards greener (low-emission/resource efficient) economies.

# EN 8 EN

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.

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 provisons, 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 major 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.

Partnership dialogue has been at the heart of EU-OACPS States relations for years and the
new Agreement will further strengthen this important dimension. It concerns all subjects
covered in the Agreement, but also broader topics of common interest.

In addition, the negotiated text 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
partnership 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

2021/0145 (NLE)

Proposal for a

**COUNCIL DECISION**

**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**

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(5) and (8), second subparagraph thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 21 June 2018, the Council authorised the 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 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, Carribean and Pacific Group of States, of
the other part.

(2) The negotiations on a Partnership Agreement between the European Union, of the one
part, and the members of the Organisation of African, Caribbean and Pacific States, of the
other part (‘the Agreement’) were successfully concluded on 15th April 2021 with the
exception of the definition of the parties to the Agreement.

(3) The Agreement reflects both the historically close relationship and increasingly strong
links developing between the European Union and the members of the Organisation of
ACP states, 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 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.

(4) The Agreement should therefore be signed on behalf of the European Union in
accordance with Article 98 of the Agreement, subject to its conclusion at a later date.

# EN 10 EN

(5) The Cotonou Agreement will continue to transitionally apply until 30 November 2021 at
the latest. If the Agreement does not enter into force from 1 December 2021, the
cooperation between the Union and the members of the Organisation of African,
Carribean and Pacific States will fall to a level that is neither desirable nor in the Union
interest, causing disruptions in the relationship between the Union and the members of
the Organisation of African, Carribean and Pacific States. To limit such disruption, the
Agreement should be applied provisionally.

HAS ADOPTED THIS DECISION:

_Article 1_

The signing of the Partnership Agreement between the European Union, of the one part, and the
members of the Organisation of African, Carribean and Pacific States, of the other part, is hereby
approved on behalf of the Union, subject to the conclusion of the said Agreement.

The text of the Agreement to be signed is attached to this Decision.

_Article 2_

The EU Declaration on means of cooperation and implementation attached to this Decision shall
be approved on behalf of the Union.

_Article 3_

The Council Secretariat General shall establish the instrument of full powers to sign the
Agreement, subject to its conclusion, for the person(s) indicated by the negotiator of the
Agreement.

_Article 4_

Pending its entry into force, the Agreement shall be applied provisionally in accordance with
Article 98(4) of the Agreement as of the date provided for therein.

_Article 5_

This Decision shall enter into force on the day following that of its adoption.

# EN 11 EN

Done at Brussels,

_For the Council_

_The President_

# EN 12 EN