2008/373/EC: Council Decision of 28 April 2008 concerning the conclusion of the Agreement amending 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

17.5.2008 EN Official Journal of the European Union L 129/44
COUNCIL DECISION
of 28 April 2008
concerning the conclusion of the Agreement amending 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
(2008/373/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 310 thereof, in conjunction with the second sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the assent of the European Parliament (1),
Whereas:
(1) Pursuant to Article 96 of 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 (2) (hereafter referred to as ‘the Partnership Agreement’), a Party which, after having conducted a strengthened political dialogue, considers that another Party fails to fulfil an obligation in respect of one of the essential elements referred to in Article 9 of the Partnership Agreement may invite the other Party to hold consultations and, in certain circumstances, take appropriate measures, including where necessary the partial or full suspension of application of the Partnership Agreement to the Party concerned.
(2) Pursuant to Article 97 of the Partnership Agreement, a Party which considers that a serious case of corruption has occurred may invite the other Party to hold consultations and, in certain circumstances, take appropriate measures, including where necessary the partial or full suspension of application of the Partnership Agreement to the Party concerned.
(3) Pursuant to Article 11b of the Partnership Agreement, a Party which, after having conducted a strengthened political dialogue, informed in particular by reports by the International Atomic Energy Agency (IAEA), the Organisation for the Prohibition of Chemical Weapons (OPCW) and other relevant multilateral institutions, considers that the other Party has failed to fulfil an obligation stemming from paragraph 1 of that article on non-proliferation of weapons of mass destruction, is to invite the other party to hold consultations and, in certain circumstances, take appropriate measures, including where necessary the partial or full suspension of application of the Partnership Agreement to the party concerned.
(4) An effective procedure should be adopted when it is intended to take appropriate measures under Article 96, Article 97, or paragraphs 4, 5 and 6 of Article 11b of the Partnership Agreement.
(5) The Agreement amending 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 should be approved,