PURPOSE: to add the French collectivity of Saint- Barthélemy to the list of the overseas countries and territories (OTCs) associated with the European Union.

LEGISLATIVE ACT: Council Decision n° 528/2012/EU amending Decision 2001/822/EC on the association of the overseas countries and territories with the European Community (‘the Overseas Association Decision’).

CONTENT: in accordance with the Council Decision 2010/718/EC on 29 October 2010 amending the Treaty on the Functioning of the European Union, the French collectivity of Saint- Barthélemy, formerly an outermost region of the European Union, became an overseas country or territory associated with the European Union on 1 January 2012.

As a consequence, the Council’s Decision adds the island of St. Barthélemy to the list of OTCs contained in Annex IA of Council Decision 2001/822/EC which lays down the legal framework for promoting the economic and social development of the OCTs and for enhancing economic relations between them and the Union.

ENTRY INTO FORCE: 30/09/2012.

The European Parliament adopted by 668 to 18 votes, with 7 abstentions, under the special legislative procedure (consultation of the European Parliament), a legislative resolution on the proposal for a Council decision amending Council Decision 2001/822/EC on the association of the overseas countries and territories with the European Community.

The European Parliament approved the proposal unamended.

The Committee on Development adopted the report by Maurice PONGA (EPP, FR) approving, unamended, the proposal for a Council decision amending Council Decision 2001/822/EC on the association of the overseas countries and territories with the European Community.

Once the decision is adopted, Saint-Barthélemy would become the 26th country and territory associated with the European Union. This change in status will enable Saint-Barthélemy to consolidate its relations with regional players, including the other overseas countries and territories, ACP countries and outermost regions of the Caribbean, and will thus help to disseminate the European model and European values.

PURPOSE: to amend Council Decision 2001/822/EC on the association of the overseas countries and territories (OTCs) with the European Community in order to include the French collectivity of Saint- Barthélemy to the list of OTCs concerned by the association.

PROPOSED ACT: Council Decision.

BACKGROUND: in accordance with the Council Decision 2010/718/EC on 29 October 2010 amending the Treaty on the Functioning of the European Union, the French collectivity of Saint- Barthélemy, formerly an outermost region of the European Union, became an overseas country or territory associated with the European Union on 1 January 2012.

Pursuant to Article 203 of the Treaty on the Functioning of the European Union, the provisions applicable to the overseas countries or territories associated with the European Union must be adopted by the Council of the European Union, acting unanimously. In this connection, Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (hereinafter the Overseas Association Decision) came into force on 2 December 2001 and will expire at the end of 2013.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 203 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the Commission proposes to amend Annex I A of Decision 2001/822/EC to take account of the change of status with regard to the European Union of the island of Saint-Barthélemy, which becomes an overseas country or territory from 1 January 2012.

Decision 2010/718/EU shall apply from 1 January 2012. It is therefore appropriate to apply the measures in Decision 2001/822/EC to the island of Saint-Barthélemy that are favourable to the OCTs and that do not involve obligations for them, apart from those relating to development cooperation financing. In this respect, France has undertaken not to apply for European Development Fund intervention for the island of Saint-Barthélemy under the programming for 2007-2013.

BUDGETARY IMPLICATION: there are no budgetary implications.