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 Interim Economic Partnership Agreement between the European Community and its Member States, on the one part, and the SADC EPA States, on the other part, the entry into force of the Lisbon Treaty had the following impacts :

· the old legal basis – Treaty/EC/Art.133, Art 181, Art.300(3) 2nd para. - became 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).

PURPOSE: to propose the conclusion of an Interim Economic Partnership Agreement (EPA) between the European Community and its Member States, on the one part, and the SADC (South African Development Community) EPA States, on the other part.

PROPOSED ACT: Council Decision.

BACKGROUND: the SADC Interim EPA was negotiated in accordance with the objectives for EPAs set out in the Cotonou Agreement and the negotiating directives for the Economic Partnership Agreements with ACP States adopted by Council on 12 June 2002. Negotiations were concluded by the initialling of the EPA on 23 November 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 5 SADC EPA States:

Botswana , Lesotho , Mozambique , Namibia , Swaziland

were included in the list of countries in Annex 1 of the EPA Market Access Regulation adopted by Council Regulation (EC) No 1528/2007 on 20 December 2007 and 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 Interim EPA by all parties. This will ensure a harmonised trade regime with the EU providing improved market access for several SADC EPA States, including Mozambique and Lesotho which are recognised as Least Developed Country by the United Nations.

The SADC EPA is an Interim EPA the scope of which will be extended by the outcome of negotiations for full EPA reached in 2008. It includes all the measures necessary to establish a Free Trade Area compatible with the provisions of Article XXIV of the GATT 1994 (General Agreement on Tariffs and Trade).

CONTENT: the Commission requests the Council to conclude the EPA on behalf of the Community.

The Interim EPA also contains provisions on:

· customs;

· trade facilitation,

· technical barriers to trade,

· sanitary and phytosanitary measures,

· current payment,

· capital movements.

Development provisions : development cooperation provisions are also provided for the implementation of the EPA.

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

Provisional application : pending the entry into force of the Interim EPA, the Agreement foresees the provisional application of the Agreement (refer to COM(2008)0562).

The European Parliament will be called upon to give its assent to the conclusion of the Interim EPA.

PURPOSE: to propose the signature and the provisional application of the Interim Economic Partnership Agreement (EPA) between the European Community and its Member States, on the one part, and the South African Development Community (SADC) EPA States, on the other part.

PROPOSED ACT: Council Decision.

CONTENT: the content of this provisional Agreement is identical to that of the general interim Agreement. For more details, please refer to the summary of the Commission’s initial proposal of 18/09/2008.

To recall, this interim Agreement concerns trade issues linking the Community and its Member States and the SADC.

PURPOSE: to propose the conclusion of an Interim Economic Partnership Agreement (EPA) between the European Community and its Member States, on the one part, and the SADC (South African Development Community) EPA States, on the other part.

PROPOSED ACT: Council Decision.

BACKGROUND: the SADC Interim EPA was negotiated in accordance with the objectives for EPAs set out in the Cotonou Agreement and the negotiating directives for the Economic Partnership Agreements with ACP States adopted by Council on 12 June 2002. Negotiations were concluded by the initialling of the EPA on 23 November 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 5 SADC EPA States:

Botswana , Lesotho , Mozambique , Namibia , Swaziland

were included in the list of countries in Annex 1 of the EPA Market Access Regulation adopted by Council Regulation (EC) No 1528/2007 on 20 December 2007 and 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 Interim EPA by all parties. This will ensure a harmonised trade regime with the EU providing improved market access for several SADC EPA States, including Mozambique and Lesotho which are recognised as Least Developed Country by the United Nations.

The SADC EPA is an Interim EPA the scope of which will be extended by the outcome of negotiations for full EPA reached in 2008. It includes all the measures necessary to establish a Free Trade Area compatible with the provisions of Article XXIV of the GATT 1994 (General Agreement on Tariffs and Trade).

CONTENT: the Commission requests the Council to conclude the EPA on behalf of the Community.

The Interim EPA also contains provisions on:

· customs;

· trade facilitation,

· technical barriers to trade,

· sanitary and phytosanitary measures,

· current payment,

· capital movements.

Development provisions : development cooperation provisions are also provided for the implementation of the EPA.

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

Provisional application : pending the entry into force of the Interim EPA, the Agreement foresees the provisional application of the Agreement (refer to COM(2008)0562).

The European Parliament will be called upon to give its assent to the conclusion of the Interim EPA.