DECISION No 1/2011 OF THE ACP-EU COMMITTEE OF AMBASSADORS

of 17 February 2011

concerning the status of Equatorial Guinea in relation to the amended ACP-EU Partnership Agreement

(2011/145/EU)

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, signed in Cotonou on 23 June 2000(1), as first amended in Luxembourg on 25 June 2005(2) (hereinafter ‘the ACP-EU Partnership Agreement’) and as amended for the second time in Ouagadougou on 22 June 2010(3) (hereinafter ‘the amended ACP-EU Partnership Agreement’) and in particular Article 15(3) and (4) thereof,

Having regard to Decision No 1/2005 of the ACP-EC Council of Ministers of 8 March 2005 concerning the adoption of the Rules of Procedure of the ACP-EC Council of Ministers(4) and in particular Article 8(3) thereof,

Whereas:

(1) The ACP-EU Partnership Agreement entered into force on 1 July 2008 in accordance with Article 93(3) thereof. The amended ACP-EU Partnership Agreement has been provisionally applied since 31 October 2010.

(2) Equatorial Guinea, which signed the ACP-EU Partnership Agreement on 25 June 2005, deposited an instrument of ratification with a reservation — an instrument that was rejected by the Union and its Member States in a letter of 19 December 2008. As a result, in accordance with Article 93(4) of the amended ACP-EU Partnership Agreement, the ratification is not valid.

(3) Article 94 of the amended ACP-EU Partnership Agreement stipulates that any request for accession by a State is to be presented to, and approved by, the Council of Ministers.

(4) In May 2010, Equatorial Guinea presented a request for accession in accordance with Article 94 of the ACP-EU Partnership Agreement and a request for observer status, enabling it to participate in the joint institutions set up by the ACP-EU Partnership Agreement, until the accession procedure was completed.

(5) The observer status would be valid until 30 April 2011. Equatorial Guinea should deposit the Act of Accession with the Depositaries of the amended ACP-EU Partnership Agreement, namely, the Secretariat General of the Council of the European Union and the Secretariat of the ACP States, no later than that date.

(6) In accordance with Article 15(4) of the ACP-EU Partnership Agreement, the Council of Ministers agreed in Ouagadougou on 21 June 2010 to give a mandate to the Committee of Ambassadors to take a decision on its behalf,

HAS ADOPTED THIS DECISION:

Article 1

Approval of request for accession and observer status

The request of Equatorial Guinea to accede 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, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 and as amended for the second time in Ouagadougou on 22 June 2010 (hereinafter ‘the amended ACP-EU Partnership Agreement’) is hereby approved.

Equatorial Guinea shall have observer status until 30 April 2011 under the amended ACP-EU Partnership Agreement.

Equatorial Guinea shall deposit its Act of Accession with the Depositaries of the amended ACP-EU Partnership Agreement, namely, the Secretariat General of the Council of the European Union and the Secretariat of the ACP States, no later than that date.

Article 2

Entry into force

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

Done at Brussels, 17 February 2011.

For the ACP-EU Council of Ministers by the ACP-EU Committee of Ambassadors

The President

GYÖRKÖS P.

(1)  

OJ L 317, 15.12.2000, p. 3

.

(2)  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 (

OJ L 209, 11.8.2005, p. 27

).

(3)  Agreement amending for the second time 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, as first amended in Luxembourg on 25 June 2005 (

OJ L 287, 4.11.2010, p. 3

).

(4)  

OJ L 95, 14.4.2005, p. 44

.