37 Cotonou Agreement
| (a)
(26555)
8704/05
COM(05) 185
(b)
(26587)
9267/05
COM(05) 213
|
Draft Council Decision concerning the signing, on behalf of the European Community, of the Agreement amending the Partnership Agreement signed in Cotonou on 23 June 2000 between the African, Caribbean and Pacific States, of the one part, and the European Community and its Member States, of the other part (8704/05) and Draft Council Decision concerning the conclusion of the Agreement amending the Partnership Agreement signed in Cotonou on 23 June 2000 between the African, Caribbean and Pacific States, of the one part, and the European Community and its Member States, of the other part (8704/05)
Draft Council Decision on the position to be adopted by the Community within the ACP-EC Council of Ministers with regard to the adoption of transitional measures to cover the period from the signing to the entry into force of the revised ACP-EC Partnership agreement (9267/05)
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| Legal base | (a) Article 300 (2) and 310 EC; unanimity
(b) Article 300 (3); unanimity; assent of European Parliament
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| Documents originated | (a) 3 May 2005
(b) 23 May 2005
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| Deposited in Parliament | (a) 17 May 2005
(b) 27 May 2005
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| Department | International Development
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| Basis of consideration | EM of 9 June 2005
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| Previous Committee Report | None
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| To be discussed in Council | 24-25 June Environment Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but relevant to the debate on the EU contribution towards the UN Millennium Development Goals
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Background
37.1 The European Community (EC) and African, Caribbean and Pacific
(ACP) Partnership Agreement replaced the Lomé Agreement.
It began on 1st March 2000 for a period of 20 years, with five-yearly
reviews. The first review was conducted between May 2004 and
February 2005 by the Commission, which negotiated on behalf of
EU Member States on the basis of directives agreed by the Council,
with ACP and EU Ministers reaching agreement in principle on the
proposed changes on 23 February 2005.
37.2 Document (a)contains two draft Decisions. The
first authorises the EU Presidency to designate a person to sign
the revised Agreement on behalf of the Community, together with
a Commission representative; each EU and ACP Member State will
also sign the Agreement. The second sets out the various revisions
to the Agreement and Annexes, and provides for the deposit of
the required documentation to confirm each State's ratification
of the revised Agreement.
37.3 Document (b) contains a draft Decision to allow
for the adoption of transitional measures for the period following
signature until the revised Agreement comes into force. It applies
all the revised provisions except the new multi-annual financial
framework, which is still being discussed by EU Member States,
and some other changes relating to contracts.
37.4 In his Explanatory Memorandum of 9 June 2005,
the Parliamentary Under-Secretary of State at the Department for
International Development (Mr Gareth Thomas) says that "the
proposed revisions to the Agreement fall into three categories:
"Addressing new political and security concerns:
new Articles concerning the fight against terrorism; combating
the proliferation of weapons of mass destruction (WMD); and cooperation
with the International Criminal Court (ICC) have been included.
In response to ACP requests, Articles relating to the conduct
of political dialogue and addressing human rights, democracy and
rule of law concerns have been elaborated … Early application
of the provisions related to the fight against terrorism and combating
the proliferation of weapons of mass destruction will be conditional
upon the availability of financial resources" [i.e. will
not be at the expense of existing development resources, but will
depend on the outcome of the negotiations on the 2007-13 Financial
Perspectives].
"Co-operation Strategies: a reference
to the Millennium Development Goals has been introduced which
makes their achievement the clear vision for and under-pinning
ACP-EU cooperation. New provisions regarding support for ACP
States facing post-conflict and post-natural disaster situations;
and non-state actors, have been included. The Articles on economic
and social development and trade cooperation have been strengthened.
New references have been added regarding: the fight against HIV/AIDS
and other poverty diseases; the promotion of young citizens' participation
in public life and the development and use of traditional knowledge
and information and communication technology.
"Implementation procedures: the Articles
concerning the management of country and regional resources have
been updated. The respective roles and responsibilities of ACP
States and EC Delegations have been clarified, including the management
of resources in crisis situations. The provisions relating to
the operation of the Investment Facility,[149]
... managed by the European Investment Bank (EIB), have been revised
in regard to the provision of project-related technical assistance,
EIB remuneration and procurement rules."
37.5 The Minister adds that a number of changes to
the Commission's procedures for the awarding and implementation
of contracts that have yet to be agreed amongst the parties will
be considered by the ACP-EC Council of Ministers at a later date,
using the provisions of Article 100 of the Agreement.
The Government's view
37.6 The Minister says that the Government supports
all the changes, the UK having "actively participated in
the discussions in the Council and with the ACP States at the
meeting on 23 February" and having "worked hard to secure
agreement that financial support in the areas of counter terrorism
and proliferation of WMD would not impinge on available ACP-EC
development funds".
37.7 He says that the new political and security
provisions are "an important and welcome development in the
EU's relationship with the ACP States. Cooperating in the fight
against terrorism, combating the proliferation of WMD and supporting
the ICC are key political objectives for the Government and the
EU. Enhancing political dialogue and tackling human rights, democracy
and rule of law concerns are also key strategic aims for the Government".
37.8 The Government also welcomes the proposed changes
aimed at improving cooperation strategies and implementation
procedures, which "will lead to improvements, both in the
formulation of policy and strategy and programme delivery.
We particularly support the new statement on the Millennium
Development Goals[150]
that will put them at the forefront of ACP-EC cooperation. We
also welcome the aim to extend more favourable treatment
currently given to least developed countries, islands and landlocked
states and to those countries dealing with consequences of conflict
and natural disasters. The clarification of the roles and responsibilities
of ACP States and EC Delegations is very helpful, as are the new
provisions concerning the management of the Investment Facility
and the strengthened sections on economic and social development
and trade cooperation".
Financial implications
37.9 The Minister explains that the financial imlications
have yet to be determined. The revised Agreement sets out a new
multi-annual financial framework for EC cooperation with the ACP
States, to meet commitments starting from 1 January 2008 for a
period of five or six years. ACP States have been guaranteed
a sum at least equivalent to that of the 9th European Development
Fund (EDF),[151] in
addition to balances carried forward from previous replenishments,
with additional sums based on Commission estimates to take account
of the effects of inflation, EU growth and enlargement. The Commission's
initial calculations have produced a minimum figure of around
€18.49 billion (£12.52 billion) over five years. The
way in which the Commission has calculated these effects has been
challenged by some Member States and will be subject to further
debate. The Minister says "The Council will aim to confirm
the exact amount and period of application at the earliest opportunity
and by September 2005 if possible. At this stage, it is too early
to say what implications the new financial framework may have
for the Government. The Council Decision on the new framework
will be subject to a separate scrutiny process".
37.10 He adds that "the Government remains opposed
to bringing this support into the main Commission budget. Instead,
we would like to see a bigger and more effective 10th EDF. Negotiations
on this continue".
Timetable
37.11 The proposals and Decisions will be considered
by the Environment Council on 24 June, before the revised Agreement
is signed by all parties at the ACP-EC Joint Ministerial Council
on 24-25 June 2005. Most of the revised provisions will be applied
from the date of signature. Each party will then be required
to ratify the revised Agreement to allow its full entry into force
(once all EU Member States and at least two-thirds of ACP States
have deposited the required documentation, which may take up to
two years).
Conclusion
37.12 The review process appears to have been
successful. But the financial framework and implementation will
be crucial. We look forward to receiving details of the outcome
of the continuing discussions. In the meantime we clear the documents,
but they are relevant to the debate we are proposing elsewhere
in this Report on the EU contribution to achieving the UN Millennium
Development Goals.[152]
149 The European Investment Fund (EIF) is the EU specialized
vehicle providing venture capital and guarantee instruments for
small and medium-sized Enterprises, using either its own funds
or those available within the framework of mandates entrusted
to it by the European Investment Bank (EIB) or the European Union. Back
150
The eight UN Millennium Development Goals (MDGs) to be achieved
by 2015 - the eradication of extreme poverty and hunger, achievement
of universal primary education, promotion of gender equality and
female empowerment, reduction of child mortality, improvement
of maternal health, combat of HIV/Aids, malaria and other diseases,
environmental sustainability and a global partnership for development
- each with associated targets and benchmarks to measure progress. Back
151
The European Development Fund (EDF) is the main instrument for
Community aid for development cooperation in the ACP countries
and the Overseas Countries and Territories, under Articles 131
and 136 of the 1957 Treaty of Rome. The 9th EDF amounted to €13.8
billion of "new money", in addition to monies carried
forward from the 7th, 8th and 9th EDFs. Back
152
Para 4 of this Report. Back
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