DECISION No 2/2020 OF THE ACP-EU COMMITTEE OF AMBASSADORS

of 4 December 2020

to amend Decision No 3/2019 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement [2020/2052]

THE ACP-EU COMMITTEE OF AMBASSADORS,

Having regard to 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  ( 1 ) (the ‘ACP-EU Partnership Agreement’), and in particular Article 15(4) and Article 16(2), in conjunction with Article 95(4) thereof,

Whereas:

(1)

The ACP-EU Partnership Agreement was signed in Cotonou on 23 June 2000 and entered into force on 1 April 2003. In accordance with Decision No 3/2019 of the ACP-EU Committee of Ambassadors  ( 2 ) (‘decision on transitional measures’) it is to be applied until 31 December 2020.

(2)

In accordance with the first subparagraph of Article 95(4) of the ACP-EU Partnership Agreement, negotiations towards a new ACP-EU Partnership Agreement (the ‘new Agreement’) were launched in September 2018. As the new Agreement will not be ready to be applied by 31 December 2020, the date of expiry of the current legal framework, due, amongst other things, to delays caused by the COVID-19 pandemic, it is necessary to amend the decision on transitional measures to further extend the application of the provisions of the ACP-EU Partnership Agreement until 30 November 2021.

(3)

The second subparagraph of Article 95(4) of the ACP-EU Partnership Agreement provides for the ACP-EU Council of Ministers to adopt any transitional measures that may be required until the new Agreement comes into force.

(4)

Pursuant to Article 15(4) of the ACP-EU Partnership Agreement, on 23 May 2019, the ACP-EU Council of Ministers delegated the powers to adopt the transitional measures to the ACP-EU Committee of Ambassadors  ( 3 ) .

(5)

It is therefore appropriate that the ACP-EU Committee of Ambassadors adopt a decision, pursuant to Article 95(4) of the ACP-EU Partnership Agreement, to amend Decision No 3/2019 of the ACP-EU Committee of Ambassadors in order to extend the application of the provisions of the ACP-EU Partnership Agreement until 30 November 2021, or until the entry into force of the new Agreement, or the provisional application between the Union and the ACP States of the new Agreement, whichever comes first.

(6)

The provisions of the ACP-EU Partnership Agreement will continue to be applied with the aim of maintaining continuity in relations between the Union and its Member States, on the one hand, and the ACP States, on the other. Accordingly, the amended transitional measures are not intended as amendments to the ACP-EU Partnership Agreement as provided for in Article 95(3) thereof,

HAS ADOPTED THIS DECISION:

Article 1

In Article 1 of Decision No 3/2019 of the ACP-EU Committee of Ambassadors the date ‘31 December 2020’ shall be replaced by that of ‘30 November 2021’.

Article 2

This Decision shall enter into force on 1 January 2021.

Done at Brussels, 4 December 2020.

For the ACP-EU Council of Ministers

By the ACP-EU Committee of Ambassadors

The President

Michael CLAUSS

( 1 )    OJ L 317, 15.12.2000, p. 3 . The ACP-EU Partnership Agreement was amended by the Agreement signed in Luxembourg on 25 June 2005 ( OJ L 209, 11.8.2005, p. 27 ) and by the Agreement signed in Ouagadougou on 22 June 2010 ( OJ L 287, 4.11.2010, p. 3 ).

( 2 )   Decision No 3/2019 of the ACP-EU Committee of Ambassadors of 17 December 2019 to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement ( OJ L 1, 3.1.2020, p. 3 ).

( 3 )   Decision No 1/2019 of the ACP-EU Council of Ministers of 23 May 2019 on the delegation of powers to the ACP-EU Committee of Ambassadors on the decision to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement ( OJ L 146, 5.6.2019, p. 114 ).