Council Decision of 1 October 2007 on the conclusion of consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument (2007/641/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having 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, signed in Cotonou on 23 June 2000⁽¹⁾ as revised in Luxembourg on 25 June 2005⁽²⁾ (hereinafter referred to as ‘the ACP-EC Partnership Agreement’), and in particular Article 96 thereof,

Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement⁽³⁾, and in particular Article 3 thereof,

Having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation⁽⁴⁾ (hereinafter referred to as ‘the Development Cooperation Instrument’), and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Whereas:

1. The essential elements referred to in Article 9 of the ACP-EC Partnership Agreement have been violated.

2. The values referred to in Article 3 of the Development Cooperation Instrument have been violated.

3. On 18 April 2007, pursuant to Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument, formal consultations began with the ACP countries and the Republic of the Fiji Islands during which the Fijian authorities gave specific commitments to remedy the problems identified by the European Union and to implement them.

4. Some substantive initiatives have been taken in respect of some of the commitments referred to above; nevertheless many important commitments concerning essential elements of the ACP-EC Partnership Agreement and the Development Cooperation Instrument have yet to be implemented,

HAS DECIDED AS FOLLOWS: