HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 174/2
EN
Official Journal of the European Union
4.7.2012
COUNCIL DECISION
of 7 June 2012
on the position to be taken by the European Union within the ACP-EU Council of Ministers
concerning the status of the Republic of South Sudan in relation 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
(2012/352/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Depositaries of the ACP-EU Partnership Agreement,
namely, the Secretariat-General of the Council of the
Having regard to the Treaty on the Functioning of the European
European Union and the Secretariat of the ACP States,
Union, and in particular Article 217 in conjunction with
no later than that date.
Article 218(9) thereof,
Having regard to the Internal agreement between the represen
(5)
It is therefore appropriate to establish the position to be
taken by the Union within the ACP-EU Council of
tatives of the governments of the Member States, meeting
Ministers concerning the status of South Sudan in
within the Council, on measures to be taken and procedures
relation to the ACP-EU Partnership Agreement.
to be followed for the implementation of the ACP-EC Part

nership Agreement ( 1 ), and in particular Article 1 thereof,
(6) The
position
of
the
Union
within
the
ACP-EU
Council
of
Having regard to the proposal from the European Commission,
Ministers should be based on the attached draft Decision,
Whereas:
HAS ADOPTED THIS DECISION:
(1) The
Partnership
Agreement
between
the
members
of
the
Article 1
African, Caribbean and Pacific Group of States of the one
The position to be taken by the European Union within the
part, and the European Community and its Member
ACP-EU Council of Ministers, on the matter of the Republic of
States, of the other part, signed in Cotonou on
South Sudan’s requests for accession and observer status, is to
23 June 2000 ( 2 ), was first amended in Luxembourg on
accept these requests under the terms of the draft Decision of
25 June 2005 ( 3 ) and was amended for the second time
the ACP-EU Council of Ministers attached to this Decision.
in Ouagadougou on 22 June 2010 ( 4 ) (‘the ACP-EU Part
nership Agreement’). The second amendment has been
The observer status shall be valid until 20 November 2012.
provisionally applied since 31 October 2010.
South Sudan shall deposit the Act of Accession with the Secre
tariat-General of the Council of the European Union and the
(2) Article
94
of
the
ACP-EU
Partnership
Agreement Secretariat of the ACP States no later than that date.
stipulates that any request for accession by a State is to
be presented to, and approved by, the ACP-EU Council
Formal and minor changes to the draft Decision of the ACP-EU
of Ministers.
Council of Ministers may be agreed without requiring that
Decision to be amended.
(3) On
20
March
2012,
the
Republic
of
South
Sudan
presented a request for accession in accordance with
Article 2
Article 94 of the ACP-EU Partnership Agreement and a
request for observer status, enabling it to participate in
This Decision shall enter into force on the day following that of
the joint institutions set up by that Agreement, until the
its adoption.
accession procedure is completed.
Done at Luxembourg, 7 June 2012.
(4) The
approval
by
the
ACP-EU
Council
of
Ministers
of
the
accession of South Sudan, and the granting in the
meantime of observer status to South Sudan, until
For the Council
20 November 2012, by the ACP-EU Council of
Ministers should be approved by the Union. South
The President
Sudan should deposit the Act of Accession with the
M. BDSKOV
( 1 ) OJ L 317, 15.12.2000, p. 376.
( 2 ) OJ L 317, 15.12.2000, p. 3.
( 3 ) 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).
( 4 ) 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).

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EN
4.7.2012 Official
Journal
of
the
European
Union L
174/3
DRAFT
DECISION No …/2012 OF THE ACP-EU COUNCIL OF MINISTERS
of …
concerning the status of the Republic of South Sudan in relation 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
THE ACP-EU COUNCIL OF MINISTERS,
Agreement, namely, the Secretariat-General of the
Council of the European Union and the Secretariat of
Having regard to the Partnership Agreement between the
the ACP States, no later than that date,
members of the African, Caribbean and Pacific Group of
States, of the one part, and the European Community and its
HAS ADOPTED THIS DECISION:
Member States, of the other part, signed in Cotonou on 23 June
2000 ( 1 ), as first amended in Luxembourg on 25 June 2005 ( 2 )
Article 1
and as amended for the second time in Ouagadougou on
22 June 2010 (
Approval of requests for accession and observer status

3 ) (‘the ACP-EU Partnership Agreement’), and
in particular Article 94 thereof,
The request of the Republic of South Sudan to accede to the
Partnership Agreement between the members of the African,
Having regard to Decision No 1/2005 of the ACP-EC Council
Caribbean and Pacific Group of States, of the one part, and
of Ministers of 8 March 2005 concerning the adoption of the
the European Community and its Member States, of the other
Rules of Procedure of the ACP-EC Council of Ministers ( 4 ), and
part, signed in Cotonou on 23 June 2000, as first amended in
in particular Article 8(3) thereof,
Luxembourg on 25 June 2005 and as amended for the second
time in Ouagadougou on 22 June 2010, is hereby approved.
Whereas:
South Sudan shall have observer status until 20 November
(1) The
second
amendment
to
the
ACP-EU
Partnership 2012 under the ACP-EU Partnership Agreement.
Agreement has been provisionally applied since
31 October 2010.
South Sudan shall deposit its Act of Accession with the Deposi
taries of the ACP-EU Partnership Agreement, namely, the Secre
(2) Article
94
of
the
ACP-EU
Partnership
Agreement tariat-General of the Council of the European Union and the
stipulates that any request for accession by a State is to
Secretariat of the ACP States, no later than that date.
be presented to, and approved by, the Council of
Ministers.
Article 2
Entry into force
(3) On
20
March
2012,
the
Republic
of
South
Sudan
presented a request for accession in accordance with
This Decision shall enter into force on the day following that of
Article 94 of the ACP-EU Partnership Agreement and a
its adoption.
request for observer status enabling it to participate in
the joint institutions set up by that Agreement, until the
accession procedure is completed.
Done at …
(4) The
observer
status
should
be
valid
until
20
November
2012. South Sudan should deposit the Act of Accession
For the ACP-EU Council of Ministers
with the Depositaries of the ACP-EU Partnership
The President
( 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.

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Document Outline

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