4.12.2009 Official Journal of the European Union L 319/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COUNCIL DECISION of 5 May 2009 on the signature and provisional application of the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the SADC EPA States, of the other part (2009/850/EC) THE COUNCIL OF THE EUROPEAN UNION, (4)  The interim agreement with a view to an EPA should be Having regard to the Treaty establishing the European Commu- nity, and in particular Articles 57(2), 133 and 181 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof, Having regard to the proposal from the Commission, Whereas: (1) On 12 June 2002 the Council authorised the Commission to open negotiations to conclude Economic Partnership Agreements with ACP countries. (2)  These negotiations for an interim agreement with a view to an Economic Partnership Agreement (hereinafter referred to as the ‘interim agreement with a view to an EPA’) have been concluded and the interim agreement with a view to an EPA between the European Community and its Mem- ber States, of the one part, and the SADC EPA States, of the other part (comprising Botswana, Lesotho, Namibia, Swa- ziland and Mozambique), was initialled on 23 November 2007 and on 12 December 2007 for Namibia. (3)  Article 105(4) of the interim agreement with a view to an EPA provides for its provisional application pending its entry into force. signed on behalf of the Community and applied, as con- cerns elements falling within the competence of the Com- munity, on a provisional basis subject to its conclusion at a later date, HAS DECIDED AS FOLLOWS: Article 1 The signing of the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States and the SADC EPA States is hereby approved on behalf of the Community, subject to the Council Decision con- cerning the conclusion of the said interim agreement with a view to an EPA. The text of the interim agreement with a view to an EPA is attached to this Decision. Atticle 2 The position to be taken by the Community within the Joint SADC EPA States-EC Council and the SADC EPA States-EC Trade and Development Committee shall be determined by the Council on the basis of a proposal by the Commission in accordance with the corresponding provisions of the Treaty.