BETA


2008/0061(NLE) EC/CARIFORUM States Economic Partnership Agreement (EPA)

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead INTA MARTIN David (icon: PSE PSE)
Committee Opinion DEVE SCHRÖDER Jürgen (icon: PPE-DE PPE-DE)
Lead committee dossier:
Legal Basis:
TFEU 218-p6a

Events

2009/12/02
   all - Additional information
Details

The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure .

The Lisbon Treaty also introduced new concepts of decision-making procedure . The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

In the case of the proposal for a Council Decision concluding the Economic Partnership Agreement between the European Community and its Member States, of the one part, and the CARIFORUM States, on the other part, the entry into force of the Lisbon Treaty had the following impacts :

· the old legal basis – Treaty/EC/Art.57(2), Art. 133(1) and (5), Art.181, Art.300 (3) first and 2nd paras. - became Art 64(2), Art.207 (4) first para, Art. 211, Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal ;

· the proposal, which had previously fallen under the old assent procedure (AVC), was classified as an interinstitutional non-legislative procedure (NLE).

2009/11/23
   CSL - Council Meeting
2009/03/25
   EP - Results of vote in Parliament
2009/03/25
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 460 votes to 82, with 43 abstentions, a legislative resolution and gave its assent to the conclusion of the Economic Partnership Agreement between the European Community and its Member States, of the one part, and the CARIFORUM States, on the other part.

It should be noted that this legislative resolution is linked to a joint resolution on the conclusion of the stepping stone Economic Partnership Agreement EC-CARIFORUM (see RSP/2008/2671 ) which was adopted on the same day.

Documents
2009/03/23
   EP - Debate in Parliament
2009/03/04
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2009/03/04
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2009/02/24
   EP - Vote in committee, 1st reading/single reading
Details

The Committee on International Trade adopted the report drawn up by David MARTIN (PES, UK) recommending that the European Parliament give its assent to the conclusion of the Economic Partnership Agreement between the European Community and its Member States, of the one part, and the CARIFORUM States, on the other part.

MEPs draw attention to a certain number of issues on which they would like to receive a firm commitment from the Commission and the Council. Among these issues, MEPs insist on a mandatory comprehensive review of the Agreement to be undertaken not later than five years after the date of signature and at subsequent five-yearly intervals, in order to determine the impact of the Agreement, including the costs and consequences of implementation.

They also call for : (i) an independent monitoring mechanism to be established within the CARIFORUM States endowed with the necessary resources to undertake the analysis necessary to determining the extent to which the EPA is achieving its objectives; (ii) clarifications on which funds are additional to the funding of the 10th EDF; (iii) the funds provided for an equitable share of the Aid for Trade resources to be considered as additional resources and not merely repackaging of EDF funding and their disbursement to be timely, predictable and in harmony with the execution schedules of national and regional strategic development plans; (iv) provisions regarding enforcement of intellectual property rights not be used to thwart legitimate competition from generic pharmaceutical suppliers, and/or to inhibit government purchasing entities from acquiring generic supplies.

Lastly, MEPs call on the European Union to apply the most favoured nation principle (MFN) among all the ACP sub-regional groups of the ACP countries. They also call for the elimination of the application of MFN treatment to the European Union by CARIFORUM and other sub-regional groups.

2009/02/19
   EP - Committee referral announced in Parliament, 1st reading/single reading
2009/02/19
   EP - Referral to associated committees announced in Parliament
2009/02/16
   EP - Committee opinion
Documents
2009/02/10
   CSL - Council Meeting
2009/01/26
   EC - Legislative proposal published
Details

This proposal for a Decision is the legal basis for the conclusion of the Economic Partnership Agreement between the CARIFORUM States, on the one hand, and the European Community and its Member States, on the other.

Recall that the CARIFORUM States are as follows:

Antigua and Barbuda ; the Commonwealth of the Bahamas; Barbados ; Belize ; the Commonwealth of Dominica; the Dominican Republic; Grenada ; the Republic of Guyana; Haiti ; Jamaica ; Federation of Saint Kitts and Nevis; Saint Lucia ; Saint Vincent and the Grenadines ; the Republic of Suriname; the Republic of Trinidad and Tobago.

The content of the agreement is, in essence, consistent with the Commission’s initial proposal (for details, please refer to the summary of the Commission’s initial proposal dated 18 March 2008).

The agreement was initialled on 16 December 2007 and has been provisionally applied since 29 December 2008 pending its entry into force.

Pursuant to Article 243(4) of the Agreement, certain elements of the Agreement have been applied on the basis of Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements. The Agreement shall not seek to affect the rights of investors of the Member States of the European Union to benefit from any more favourable treatment provided for in any agreement related to investment to which a Member State and a CARIFORUM State are Parties. Member States may maintain and conclude such agreements in so far as they comply with Community law.

The text of the Agreement is attached to the proposal for a Decision and appears in Council doc. 7507/08 . To enter into force, the Agreement requires the assent of the European Parliament.

Documents
2008/12/19
   EP - Committee draft report
Documents
2008/07/07
   CSL - Document attached to the procedure
Documents
2008/05/27
   EP - Committee Opinion
2008/05/26
   CSL - Resolution/conclusions adopted by Council
2008/05/26
   CSL - Council Meeting
2008/05/05
   EP - Responsible Committee
2008/03/18
   EC - Document attached to the procedure
Details

PURPOSE: to propose the provisional application of the Economic Partnership Agreement (EPA) between the European Community and its Member States and the CARIFORUM States.

PROPOSED ACT: Council Decision.

CONTENT: the content of the Agreement is identical to that of the general Agreement. For details, please refer to the summary of the Commission’s initial proposal dated 18/03/2008.

To recall, this Agreement is essentially a trade and development cooperation agreement linking the Community and its Member States and the CARIFORUM States comprising:

§ Antigua and Barbuda ,

§ The Commonwealth of the Bahamas,

§ Barbados ,

§ Belize ,

§ The Commonwealth of Dominica,

§ the Dominican Republic,

§ Grenada ,

§ The Republic of Guyana,

§ Haiti ,

§ Jamaica ,

§ Federation of Saint Kitts and Nevis,

§ Saint Lucia ,

§ Saint Vincent and the Grenadines ,

The Republic of Suriname, The Republic of Trinidad and Tobago.

2008/03/18
   EC - Initial legislative proposal published
Details

Economic Partnership Agreement

Trade Agreement

Documents

Votes

Rapport David MARTIN A6-0117/2009 - résolution législative

2009/03/25 Outcome: +: 460, -: 82, 0: 43
DE IT GB ES PL RO HU BG NL SE PT EL SK FI AT CZ LT IE BE SI LV FR EE LU MT ?? CY DK
Total
75
57
53
45
36
26
19
13
24
16
18
17
10
13
15
18
7
11
20
6
5
56
3
3
2
1
2
11
icon: PPE-DE PPE-DE
207

Lithuania PPE-DE

1

Luxembourg PPE-DE

2

Malta PPE-DE

For (1)

1

PPE-DE

For (1)

1

Denmark PPE-DE

1
icon: PSE PSE
180

Czechia PSE

For (1)

1

Lithuania PSE

For (1)

1

Ireland PSE

1

Slovenia PSE

For (1)

1

Estonia PSE

2

Luxembourg PSE

For (1)

1

Malta PSE

1
icon: ALDE ALDE
74
2

Sweden ALDE

2

Austria ALDE

1

Ireland ALDE

For (1)

1
2

Slovenia ALDE

1

Latvia ALDE

1

Estonia ALDE

For (1)

1

Cyprus ALDE

For (1)

1
icon: UEN UEN
28

Lithuania UEN

1

Denmark UEN

For (1)

1
icon: IND/DEM IND/DEM
12

United Kingdom IND/DEM

Against (1)

1

Poland IND/DEM

3

Netherlands IND/DEM

2

Sweden IND/DEM

2

Greece IND/DEM

1

Czechia IND/DEM

1

Ireland IND/DEM

Against (1)

1

France IND/DEM

Abstain (1)

1
icon: NI NI
19

Italy NI

Against (1)

3

United Kingdom NI

Against (2)

4

Poland NI

1

Slovakia NI

2

Austria NI

Against (1)

2

Belgium NI

Against (1)

1
icon: GUE/NGL GUE/NGL
27

Germany GUE/NGL

3

Netherlands GUE/NGL

2

Sweden GUE/NGL

Against (1)

1

Portugal GUE/NGL

3

Finland GUE/NGL

Against (1)

1

Ireland GUE/NGL

Against (1)

1

France GUE/NGL

Against (1)

1

Cyprus GUE/NGL

Against (1)

1

Denmark GUE/NGL

1
icon: Verts/ALE Verts/ALE
35

Italy Verts/ALE

2

United Kingdom Verts/ALE

4

Sweden Verts/ALE

Against (1)

1

Finland Verts/ALE

Against (1)

1

Austria Verts/ALE

2

Belgium Verts/ALE

2

Latvia Verts/ALE

Against (1)

1

History

(these mark the time of scraping, not the official date of the change)

activities
  • date
    2008-03-18T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2008/0156/COM_COM(2008)0156_EN.pdf
      text
      • PURPOSE: to propose the conclusion of an Economic Partnership Agreement (EPA) between the European Community and its Member States and the CARIFORUM States.

        PROPOSED ACT: Council Decision.

        CONTENT: the CARIFORUM EPA was negotiated in accordance with the objectives for EPAs set out in the Cotonou Agreement (the ACP-EC Partnership Agreement was signed in Cotonou on 23 June 2000 and revised in Luxembourg on 25 June 2005) and the negotiating directives for the Economic Partnership Agreements with ACP States adopted by Council on 12 June 2002.

        Trade Agreement: negotiations were concluded by the initialling of the EPA on 16 December 2007 before the expiry of the trade regime set out in Annex V of the Cotonou Agreement on 31 December 2007 and the World Trade Organisation (WTO) waiver covering that trade regime.

        As a result, all CARIFORUM States comprising:


        • Antigua and Barbuda,
        • The Commonwealth of the Bahamas,
        • Barbados,
        • Belize,
        • The Commonwealth of Dominica,
        • The Dominican Republic,
        • Grenada,
        • The Republic of Guyana,
        • Haiti,
        • Jamaica,
        • Federation of Saint Kitts and Nevis,
        • Saint Lucia,
        • Saint Vincent and the Grenadines,
        • The Republic of Suriname,
        • The Republic of Trinidad and Tobago

        were included in the list of countries in Annex 1 of the EPA Market Access Regulation adopted by Council on 20 December 2007 that have benefited from the Community market access offer made in the context of EPAs from 1 January 2008. Their inclusion on this list will become permanent following ratification of the EPA by all parties. This will ensure a single harmonised trade regime with the EU providing improved market access for all CARIFORUM States, including Haiti which is recognised as a Least Developed Country by the United Nations.

        Free Trade Area and other areas of cooperation: the Caribbean EPA is the first comprehensive Economic Partnership Agreement to be concluded. It includes all the measures necessary to establish a Free Trade Area compatible with the provisions of Article XXIV of the GATT 1994. It also includes a Title on Services, Investment and E-commerce and the related schedules of commitments, which are compatible with the provisions of Article V of the GATS (General Agreement on Trade in Services).

        The EPA also contains provisions on Customs and Trade Facilitation, Technical Barriers to Trade, Sanitary and Phytosanitary Measures, Agriculture and Fisheries, Current Payment and Capital Movements, Competition, Innovation and Intellectual Property, transparency in Public Procurement, dialogue on finance issues, transparency and best practices in the area of tax policy, as well as Environmental and Social Aspects. Sustainable development is further promoted through the involvement of civil society and parliamentarians in joint committees, and special consultation mechanisms.

        Development Cooperation provisions: there are also Development Cooperation provisions setting out priority areas of action for the implementation of the EPA. Each individual substantive chapter of the Agreement includes specific areas of cooperation and a Development Cooperation declaration establishes the link with the EU Aid for Trade strategy and recalls the Commission's and Member States' intention to contribute to a regional development fund.

        Institutional and monitoring provisions: the institutional provisions include a Joint CARIFORUM-EC Council ("Joint Council") to supervise the implementation of the EPA. The Joint Council shall be composed of representatives of the CARIFORUM States as well as members of the Council and of the Commission. The Joint Council will be assisted by a CARIFORUM-EC Trade and Development Committee.

        The EPA includes provision to establish comprehensive monitoring of the impact of the EPA. This will be supported by the provision for a CARIFORUM-EC Parliamentary Committee to provide a forum for members of the European Parliament and the CARIFORUM States legislatures. A CARIFORUM-EC Consultative Committee will furthermore assist the Joint Council to promote dialogue and cooperation between civil society representatives.

        Provisional application: pending the entry into force of the EPA, the Agreement foresees the provisional application of the Agreement.

        It should also be noted that the European Parliament will be called upon to give its assent to the conclusion of the EPA.

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      text
      • This proposal for a Decision is the legal basis for the conclusion of the Economic Partnership Agreement between the CARIFORUM States, on the one hand, and the European Community and its Member States, on the other.

        Recall that the CARIFORUM States are as follows:

        • Antigua and Barbuda;
        • the Commonwealth of the Bahamas;
        • Barbados;
        • Belize;
        • the Commonwealth of Dominica;
        • the Dominican Republic;
        • Grenada;
        • the Republic of Guyana;
        • Haiti;
        • Jamaica;
        • Federation of Saint Kitts and Nevis;
        • Saint Lucia;
        • Saint Vincent and the Grenadines;
        • the Republic of Suriname;
        • the Republic of Trinidad and Tobago.

        The content of the agreement is, in essence, consistent with the Commission’s initial proposal (for details, please refer to the summary of the Commission’s initial proposal dated 18 March 2008).

        The agreement was initialled on 16 December 2007 and has been provisionally applied since 29 December 2008 pending its entry into force.

        Pursuant to Article 243(4) of the Agreement, certain elements of the Agreement have been applied on the basis of Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements. The Agreement shall not seek to affect the rights of investors of the Member States of the European Union to benefit from any more favourable treatment provided for in any agreement related to investment to which a Member State and a CARIFORUM State are Parties. Member States may maintain and conclude such agreements in so far as they comply with Community law.

        The text of the Agreement is attached to the proposal for a Decision and appears in Council doc. 7507/08. To enter into force, the Agreement requires the assent of the European Parliament.

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    • The Committee on International Trade adopted the report drawn up by David MARTIN (PES, UK) recommending that the European Parliament give its assent to the conclusion of the Economic Partnership Agreement between the European Community and its Member States, of the one part, and the CARIFORUM States, on the other part.

      MEPs draw attention to a certain number of issues on which they would like to receive a firm commitment from the Commission and the Council. Among these issues, MEPs insist on a mandatory comprehensive review of the Agreement to be undertaken not later than five years after the date of signature and at subsequent five-yearly intervals, in order to determine the impact of the Agreement, including the costs and consequences of implementation.

      They also call for : (i) an independent monitoring mechanism to be established within the CARIFORUM States endowed with the necessary resources to undertake the analysis necessary to determining the extent to which the EPA is achieving its objectives; (ii)  clarifications on which funds are additional to the funding of the 10th EDF; (iii) the funds provided for an equitable share of the Aid for Trade resources to be considered as additional resources and not merely repackaging of EDF funding and their disbursement to be timely, predictable and in harmony with the execution schedules of national and regional strategic development plans; (iv) provisions regarding enforcement of intellectual property rights not be used to thwart legitimate competition from generic pharmaceutical suppliers, and/or to inhibit government purchasing entities from acquiring generic supplies.

      Lastly, MEPs call on the European Union to apply the most favoured nation principle (MFN) among all the ACP sub-regional groups of the ACP countries. They also call for the elimination of the application of MFN treatment to the European Union by CARIFORUM and other sub-regional groups.

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    • The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

      These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

      In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

      The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

      The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

      In the case of the proposal for a Council Decision concluding the Economic Partnership Agreement between the European Community and its Member States, of the one part, and the CARIFORUM States, on the other part, the entry into force of the Lisbon Treaty had the following impacts:

      ·        the old legal basis – Treaty/EC/Art.57(2), Art. 133(1) and (5), Art.181, Art.300 (3) first and 2nd paras. - became Art 64(2), Art.207 (4) first para, Art. 211, Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;

      ·        the proposal, which had previously fallen under the old assent procedure (AVC), was classified as an interinstitutional non-legislative procedure (NLE).

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  • 6.30.01 Generalised scheme of tariff preferences (GSP), rules of origin
  • 6.40.06 Relations with ACP countries, conventions and generalities
  • 6.40.10 Relations with Latin America, Central America, Caribbean islands
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EC/Caribbean Forum of ACP, CARIFORUM States agreement: Economic Partnership Agreement EPA
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      text
      • PURPOSE: to propose the conclusion of an Economic Partnership Agreement (EPA) between the European Community and its Member States and the CARIFORUM States.

        PROPOSED ACT: Council Decision.

        CONTENT: the CARIFORUM EPA was negotiated in accordance with the objectives for EPAs set out in the Cotonou Agreement (the ACP-EC Partnership Agreement was signed in Cotonou on 23 June 2000 and revised in Luxembourg on 25 June 2005) and the negotiating directives for the Economic Partnership Agreements with ACP States adopted by Council on 12 June 2002.

        Trade Agreement: negotiations were concluded by the initialling of the EPA on 16 December 2007 before the expiry of the trade regime set out in Annex V of the Cotonou Agreement on 31 December 2007 and the World Trade Organisation (WTO) waiver covering that trade regime.

        As a result, all CARIFORUM States comprising:


        • Antigua and Barbuda,
        • The Commonwealth of the Bahamas,
        • Barbados,
        • Belize,
        • The Commonwealth of Dominica,
        • The Dominican Republic,
        • Grenada,
        • The Republic of Guyana,
        • Haiti,
        • Jamaica,
        • Federation of Saint Kitts and Nevis,
        • Saint Lucia,
        • Saint Vincent and the Grenadines,
        • The Republic of Suriname,
        • The Republic of Trinidad and Tobago

        were included in the list of countries in Annex 1 of the EPA Market Access Regulation adopted by Council on 20 December 2007 that have benefited from the Community market access offer made in the context of EPAs from 1 January 2008. Their inclusion on this list will become permanent following ratification of the EPA by all parties. This will ensure a single harmonised trade regime with the EU providing improved market access for all CARIFORUM States, including Haiti which is recognised as a Least Developed Country by the United Nations.

        Free Trade Area and other areas of cooperation: the Caribbean EPA is the first comprehensive Economic Partnership Agreement to be concluded. It includes all the measures necessary to establish a Free Trade Area compatible with the provisions of Article XXIV of the GATT 1994. It also includes a Title on Services, Investment and E-commerce and the related schedules of commitments, which are compatible with the provisions of Article V of the GATS (General Agreement on Trade in Services).

        The EPA also contains provisions on Customs and Trade Facilitation, Technical Barriers to Trade, Sanitary and Phytosanitary Measures, Agriculture and Fisheries, Current Payment and Capital Movements, Competition, Innovation and Intellectual Property, transparency in Public Procurement, dialogue on finance issues, transparency and best practices in the area of tax policy, as well as Environmental and Social Aspects. Sustainable development is further promoted through the involvement of civil society and parliamentarians in joint committees, and special consultation mechanisms.

        Development Cooperation provisions: there are also Development Cooperation provisions setting out priority areas of action for the implementation of the EPA. Each individual substantive chapter of the Agreement includes specific areas of cooperation and a Development Cooperation declaration establishes the link with the EU Aid for Trade strategy and recalls the Commission's and Member States' intention to contribute to a regional development fund.

        Institutional and monitoring provisions: the institutional provisions include a Joint CARIFORUM-EC Council ("Joint Council") to supervise the implementation of the EPA. The Joint Council shall be composed of representatives of the CARIFORUM States as well as members of the Council and of the Commission. The Joint Council will be assisted by a CARIFORUM-EC Trade and Development Committee.

        The EPA includes provision to establish comprehensive monitoring of the impact of the EPA. This will be supported by the provision for a CARIFORUM-EC Parliamentary Committee to provide a forum for members of the European Parliament and the CARIFORUM States legislatures. A CARIFORUM-EC Consultative Committee will furthermore assist the Joint Council to promote dialogue and cooperation between civil society representatives.

        Provisional application: pending the entry into force of the EPA, the Agreement foresees the provisional application of the Agreement.

        It should also be noted that the European Parliament will be called upon to give its assent to the conclusion of the EPA.

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      text
      • This proposal for a Decision is the legal basis for the conclusion of the Economic Partnership Agreement between the CARIFORUM States, on the one hand, and the European Community and its Member States, on the other.

        Recall that the CARIFORUM States are as follows:

        • Antigua and Barbuda;
        • the Commonwealth of the Bahamas;
        • Barbados;
        • Belize;
        • the Commonwealth of Dominica;
        • the Dominican Republic;
        • Grenada;
        • the Republic of Guyana;
        • Haiti;
        • Jamaica;
        • Federation of Saint Kitts and Nevis;
        • Saint Lucia;
        • Saint Vincent and the Grenadines;
        • the Republic of Suriname;
        • the Republic of Trinidad and Tobago.

        The content of the agreement is, in essence, consistent with the Commission’s initial proposal (for details, please refer to the summary of the Commission’s initial proposal dated 18 March 2008).

        The agreement was initialled on 16 December 2007 and has been provisionally applied since 29 December 2008 pending its entry into force.

        Pursuant to Article 243(4) of the Agreement, certain elements of the Agreement have been applied on the basis of Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements. The Agreement shall not seek to affect the rights of investors of the Member States of the European Union to benefit from any more favourable treatment provided for in any agreement related to investment to which a Member State and a CARIFORUM State are Parties. Member States may maintain and conclude such agreements in so far as they comply with Community law.

        The text of the Agreement is attached to the proposal for a Decision and appears in Council doc. 7507/08. To enter into force, the Agreement requires the assent of the European Parliament.

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    • The Committee on International Trade adopted the report drawn up by David MARTIN (PES, UK) recommending that the European Parliament give its assent to the conclusion of the Economic Partnership Agreement between the European Community and its Member States, of the one part, and the CARIFORUM States, on the other part.

      MEPs draw attention to a certain number of issues on which they would like to receive a firm commitment from the Commission and the Council. Among these issues, MEPs insist on a mandatory comprehensive review of the Agreement to be undertaken not later than five years after the date of signature and at subsequent five-yearly intervals, in order to determine the impact of the Agreement, including the costs and consequences of implementation.

      They also call for : (i) an independent monitoring mechanism to be established within the CARIFORUM States endowed with the necessary resources to undertake the analysis necessary to determining the extent to which the EPA is achieving its objectives; (ii)  clarifications on which funds are additional to the funding of the 10th EDF; (iii) the funds provided for an equitable share of the Aid for Trade resources to be considered as additional resources and not merely repackaging of EDF funding and their disbursement to be timely, predictable and in harmony with the execution schedules of national and regional strategic development plans; (iv) provisions regarding enforcement of intellectual property rights not be used to thwart legitimate competition from generic pharmaceutical suppliers, and/or to inhibit government purchasing entities from acquiring generic supplies.

      Lastly, MEPs call on the European Union to apply the most favoured nation principle (MFN) among all the ACP sub-regional groups of the ACP countries. They also call for the elimination of the application of MFN treatment to the European Union by CARIFORUM and other sub-regional groups.

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    • The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

      These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

      In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

      The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

      The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

      In the case of the proposal for a Council Decision concluding the Economic Partnership Agreement between the European Community and its Member States, of the one part, and the CARIFORUM States, on the other part, the entry into force of the Lisbon Treaty had the following impacts:

      ·        the old legal basis – Treaty/EC/Art.57(2), Art. 133(1) and (5), Art.181, Art.300 (3) first and 2nd paras. - became Art 64(2), Art.207 (4) first para, Art. 211, Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;

      ·        the proposal, which had previously fallen under the old assent procedure (AVC), was classified as an interinstitutional non-legislative procedure (NLE).

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