8.3.2003 Official Journal of the European Union L 6527 COUNCIL COUNCIL DECISION of 19 December 2002 concerning the conclusion of the Partnership Agreement between 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 (2003/159/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity and in particular Article 310 thereof in conjunction with Article 300(2), first subparagraph, second sentence, and Article 300(3), second paragraph, Having regard to the proposal from the Commission (!), Having regard to the assent of the European Parliament (%), Whereas: (1)  Pursuant to Article 96 of the Partnership Agreement between 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 (hereinafter referred to as ‘the Partnership Agreement’) (), the Party which considers that another Party has failed to fulfil an obligation in respect of one of the essential elements referred to in Article 9 may invite the other Party to hold consulta- tions and, in certain circumstances, take appropriate measures, including where necessary, the partial or full suspension of application of the Partnership Agreement to the party concerned. (2)  Pursuant to Article 97 of the Partnership Agreement, the Party which considers that a serious case of corruption has occurred may invite the other Party to hold consulta- tions and, in certain circumstances, take appropriate measures, including where necessary, the partial or full suspension of application of the Partnership Agreement to the Party concerned. (3)  An effective procedure should be adopted when it is intended to take appropriate measures under Article 96 or Article 97 of the Partnership Agreement. (4)  The position of the Community on requests for deroga- tions from the rules of origin set out in Protocol 1 to the ACP-EC Partnership Agreement is established by the Commission in accordance with the provisions of Council Decision 2000/399/EC (%). () O] C 240 E, 28.8.2001, p. 5. (*) Assent given on 17 January 2002 (not yet published in the Official Journal). () OJ L 317, 15.12.2000, p. 3. () OJ L 151, 24.6.2000, p. 16. (5)  The Partnership Agreement should be approved, HAS DECIDED AS FOLLOWS: Atrticle 1 The Partnership Agreement between 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, together with the Annexes and Protocols attached thereto and the declarations made by the Community unilaterally or jointly with other parties that are attached to the Final Act, are hereby approved on behalf of the Community. The texts of the Partnership Agreement, Annexes, Protocols and the Final Act are attached to this Decision. Atticle 2 The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of approval as required by Article 93(2) of the Partnership Agreement on behalf of the Community. Atticle 3 1.  Where, at the initiative of the Commission or a Member State, the Council considers that an ACP State has failed to fulfil an obligation concerning one of the essential elements referred to in Article 9 of the Partnership Agreement, or in serious cases of corruption, the ACP State concerned shall be invited, unless there is special urgency, to hold consultations in accordance with Articles 96 and 97 of the Partnership Agreement. The Council shall act by a qualified majority. In the consultations, the Community shall be represented by the Presidency of the Council and the Commission.