{
  "url": "https://openlegislation.uk/eu-decision-2016-1098/attachment-1",
  "json_url": "https://openlegislation.uk/eu-decision-2016-1098/attachment-1.json",
  "legislation": "eudn/2016/1098",
  "legislation_title": "Council Decision (EU) 2016/1098 of 4 July 2016 on the position to be taken on behalf of the European Union within the ACP-EU Committee of Ambassadors regarding the revision of Annex III to the ACP-EU Partnership Agreement",
  "legislation_url": "https://openlegislation.uk/eu-decision-2016-1098",
  "path": "attachment/1",
  "kind": "attachment",
  "number": null,
  "heading": null,
  "text": "DRAFT\nDECISION No 2016/… OF THE ACP-EU COMMITTEE OF AMBASSADORS\nof\nregarding the revision of Annex III to the ACP-EU Partnership Agreement\nTHE ACP-EU COMMITTEE OF AMBASSADORS,\nHaving 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 (‘ACP-EU Partnership Agreement’), and in particular Article 100 thereof,\nWhereas:\n(1)\nArticle 100 of the ACP-EU Partnership Agreement states that Annexes Ia, Ib, II, III, IV and VI thereto may be revised, reviewed and/or amended by the ACP-EU Council of Ministers on the basis of a recommendation from the ACP-EU Development Finance Cooperation Committee.\n(2)\nArticle 15(4) of the ACP-EU Partnership Agreement states that the ACP-EU Council of Ministers may delegate powers to the ACP-EU Committee of Ambassadors.\n(3)\nArticle 2 of Annex III to the ACP-EU Partnership Agreement relates to the Centre for the Development of Enterprise (‘CDE’). Under point (a) of Article 2(6) of that Annex III, the ACP-EU Committee of Ambassadors is appointed as the supervisory authority of the CDE with, amongst other things, the responsibility to lay down the statutes of the CDE, which were adopted by Decision No 8/2005 of the ACP-EU Committee of Ambassadors (‘CDE Statutes’). Under point (a) of Article 2(7) of Annex III the CDE Executive Board is made, amongst other things, responsible for adopting the CDE's financial regulation and staff regulation.\n(4)\nArticle 1 of the CDE Statutes defines the principle of the legal personality of the CDE.\n(5)\nArticles 9 and 10 of the CDE Statutes define the CDE Executive Board's mandate and composition.\n(6)\nAt its 39th session held on 19 and 20 June 2014 in Nairobi, Kenya, the ACP-EU Council of Ministers agreed, in a Joint Declaration, to proceed with the orderly closing of the CDE and to the amendment of Annex III to the ACP-EU Partnership Agreement, and for this purpose, to grant a delegation of powers to the ACP-EU Committee of Ambassadors to take the matter forward with a view to adopting the necessary decisions, including the relevant amendment to that Annex III.\n(7)\nThat Joint Declaration of the ACP-EU Council of Ministers established the ACP-EU Joint Working Group to ensure that the CDE is closed under the best possible conditions.\n(8)\nThe ACP-EU Committee of Ambassadors, in its Decision No 4/2014 authorised the CDE Executive Board to take all appropriate measures to prepare for the closure of the CDE. Subsequently, the CDE Executive Board signed a contract with a Curator until 31 December 2016.\n(9)\nIn accordance with Article 2(3) of Decision No 4/2014, the closure plan envisages the finalisation of the winding-up by 31 December 2016 (‘closure phase’). With the CDE Executive Board's approval of the definitive closure plan on 29-30 June 2015, the CDE entered into its closure phase.\n(10)\nThe closure phase should be followed by a ‘passive phase’ in which the CDE will solely exist for the purposes of its liquidation. The passive phase, to be managed by a Curator, may comprise administrative tasks, amongst other things, keeping the archives of the CDE, replying to any administrative formality, or managing residual litigations that could not have been settled during the closure phase. The passive phase should start on the day after the closure phase, namely on 1 January 2017. The passive phase should end after a period of four years, or when the CDE has settled all its liabilities and realised all its assets, whichever happens earlier.\n(11)\nUnder Article 26(1) of the CDE Financial Regulation, adopted by Decision No 5/2004 of the ACP-EC Committee of Ambassadors, the CDE's accounts should be closed at the end of the financial year in order to draw-up the CDE's financial statements. Therefore, the statutory audit of the year 2016 related to the closure phase should be finalised at the latest by 30 June 2017.\n(12)\nThe amendments to Annex III to the ACP-EU Partnership Agreement concern the deletion of the references to the CDE. This Decision constitutes the new legal framework of the CDE as from the start of the passive phase, namely as of 1 January 2017.\n(13)\nPursuant to Article 95(1) of the ACP-EU Partnership Agreement, the Agreement will expire in 2020. The governance structures applicable to the CDE's functioning in the passive phase should therefore be determined also for the period after 29 February 2020,\nHAS ADOPTED THIS DECISION:\nDone at …,\nFor the ACP-EU Committee of Ambassadors\nThe President",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Agreement signed in Cotonou on 23 June 2000 (OJ L 317, 15.12.2000, p. 3), as 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)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Decision No 8/2005 of the ACP-EC Committee of Ambassadors of 20 July 2005 on the Statutes and rules of procedure of the Centre for the Development of Enterprise (OJ L 66, 8.3.2006, p. 16)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Decision No 4/2014 of the ACP-EU Committee of Ambassadors of 23 October 2014 regarding the mandate to be given to the Executive Board of the Centre for the Development of Enterprise (CDE) (OJ L 330, 15.11.2014, p. 61)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Decision No 5/2004 of the ACP-EC Committee of Ambassadors of 17 December 2004 concerning the Financial Regulation of the Centre for the Development of Enterprise (OJ L 70, 9.3.2006, p. 52)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2016/1098/attachment/1",
    "retrieved_at": "2026-11-01T15:13:55.336964+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}