2. If the Council of Ministers fails to settle the dispute, the Council may, at the request of either of the Contracting Parties concerned, establish a good offices procedure, the result of which shall be transmitted in a report of the Council at its next meeting.
3. (a) If a settlement of the dispute is not reached, the Council of Ministers shall, at the request of either of the Contracting Parties concerned, appoint an arbitrator. Two additional arbitrators shall then within two months be appointed by the Parties to the dispute, one by either side as defined in paragraph 1.
(b) The decision of the arbitrators shall be taken by majority vote within 18 months.
(c) Each Party to the dispute must take the measures required for the implementation of the arbitrator's decision.
Article 177.
The operating expenses of the Institutions of this Convention shall be defrayed in accordance with the terms set out in Protocol 2.
Article 178.
The privileges and immunities for the purposes of this Convention shall be as laid down in Protocol 3.
Title XI. GENERAL AND FINAL PROVISIONS
Article 179.
No treaty, convention, agreement or arrangement of any kind between one or more Member States and one or more ACP States may impede the implementation of this Convention.
Article 180.
Subject to the special provisions regarding the relations between the ACP States and the French overseas departments provided for therein, this Convention shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territories of the ACP States.
Article 181.
In the event of accession of a thirdcountry to the Community, the Contracting Parties agree to take, as necessary, the appropriate measures of adaptation and transition.
Article 182.
1. (a) As regards the Community, this Convention shall be validly concluded by a decision of the Council of the European Communities taken in accordance with the provisions of the Treaty and notified to the Parties.
(b) It will be ratified by the signatory States in conformity with their respective constitutional requirements.
(c) Ratification of this Convention shall also be deemed to constitute ratification of the Agreement on products within the province of the European Coal and Steel Community, signed this same day.
2. The instruments of ratification and the act of notification of the conclusion of this Convention shall be deposited, as concerns the ACP States, with the Secretariat of the Council of the European Communities and, as concerns the Community and the Member States, with the Secretariat of the ACP States. The Secretariats shall forthwith give notice thereof to the signatory States and the Community.
Article 183.
1. This Convention shall enter into force on the first day of the second month following the date of deposit of the instruments of ratification of the Member States and of at least two-thirds of the ACP States, and of the act of notification of the conclusion of the Convention by the Community.
2. Any ACP State which has not completed the procedures set out in Article 182 by the date of the entry into force of this Convention as specified in paragraph 1 may do so only within the 12 months following such entry into force and shall be able to proceed with these procedures only during the 12 months following such entry into force, unless before the expiry of this period it gives notice to the Council of Ministers of its intention to complete these procedures not later than six months after this period and on the condition that it undertakes the deposit of its instrument of ratification within the same time limit.
3. As regards those ACP States which have not completed the procedures set out in Article 182 by the date of entry into force of this Convention as specified in paragraph 1, this Convention shall become applicable on the first day of the second month following: the completion of the said procedures.
4. Signatory ACP States which ratify this Convention in accordance with the conditions laid down in paragraph 2 shall recognize the validity of all measures taken in implementation of this Convention between the date of its entry into force and the date when its provisions become applicable to them. Subject to any extension which may be granted to them by the Council of Ministers they shall, not later than six months following the completion of the procedures referred to in Article 182, carry out all the obligations which devolve upon them under the terms of this Convention or of implementing decisions adopted by the Council of Ministers.
5. The rules of procedure of the institutions: set up under this Convention shall. lay down whether and under what conditions the representatives of signatory States which, on the date of entry into force of this Convention have not yet completed the procedures referred to in Article 182, shall sit in those institutions as observers. The arrangements thus adopted shall be effective only until the date on which this Convention becomes applicable to these States; such arrangements shall in any case cease to apply on the date on which, pursuant to paragraph 2, the State concerned may no longer ratify this Convention.
Article 184.
1. The Council of Ministers shall be informed of any request by any State for membership of, or association with, the Community.
2. The Council of Ministers shall be informed of any request made by any State wishing to become a member of an economic grouping composed of ACP States.
Article 185.
1. Any request for accession to this Convention by a country or territory to which Part Four-of the Treaty applies, and which becomes independent, shall be referred to the Council of Ministers.
2. With the approval of the Council of Ministers, the country in question shall accede to this Convention by depositing an instrument of accession with the Secretariat of the Council of the European Communities which shall transmit a certified copy to the Secretariat of the ACP States and shall give notice thereof to the signatory States.
3. That State shall then enjoy the same rights and be subject to the same obligations as the ACP States. Such accession shall not adversely affect the advantages accruing to the ACP States signatory to this Convention from the provisions on financial and technical cooperation and on the stabilization of export earnings.
Article 186.
1. Any request for accession to this Convention submitted by a State whose economic structure and production are comparable with those of the ACP States shall require approval by the Council of Ministers. The State concerned may accede to this Convention by concluding an agreement with the Community.
2. That State shall then enjoy the same rights and be subject to the same obligations as the ACP States.
3. The agreement may however stipulate the date on which certain of those rights and obligations shall become applicable to that State.
4. Such accession shall not, however, adversely affect the advantages accruing to the ACP States signatory to this Convention under the provisions on financial and technical cooperation, the stabilization of export earnings and industrial cooperation.
Article 187.
As from the entry into force of this Convention, the powers conferred upon the Council of Ministers by the ACP-EEC Convention of Lomé shall be exercised, in so far as is necessary and in compliance with the relevant provisions of the said Convention, by the Council of Ministers set up by this Convention.
Article 188.
1. This Convention shall expire after a period of five years from the first day of March 1980, namely the 28th day of February 1985.
2. 18 months before the end of this period the Contracting Parties shall enter into negotiations in order to examine what provisions shall subsequently govern relations between the Community and the Member States on the one hand and the ACP States on the other.
3. The Council of Ministers shall adopt any transitional measures that may be required until the new Convention comes into force.
Article 189.
This Convention may be denounced by the Community in respect of each ACP State and by each ACP State in respect of the Community, upon six months' notice.
Article 190.
The Protocols annexed to this Convention shall form an integral part thereof.
Article 191.
This Convention, drawn up in two copies in the Danish, Dutch, English, French, German and Italian languages, all texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities and the Secretariat of the ACP States, which shall both transmit a certified copy to the government of each of the signatory States.
Conclusion
In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this Convention.
Done at Lomé on the thirty-first day of October in the year one thousand nine hundred and seventy-nine.FOR
FOR HIS MAJESTY THE KING OF THE BELGIANS,
FOR HER MAJESTY THE QUEEN OF DENMARK,
FOR THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,
FOR THE PRESIDENT OF THE FRENCH REPUBLIC,
FOR THE PRESIDENT OF IRELAND,
FOR THE PRESIDENT OF THE ITALIAN REPUBLIC,
FOR HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,
FOR HER MAJESTY THE QUEEN OF THE NETHERLANDS,
FOR HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
FOR THE COUNCIL OF THE EUROPEAN COMMUNITIES
FOR THE HEAD OF STATE OF THE BAHAMAS,
FOR THE HEAD OF STATE OF BARBADOS,
FOR THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF BENIN,
FOR THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,
FOR THE PRESIDENT OF THE REPUBLIC OF BURUNDI,
FOR THE PRESIDENT OF THE UNITED REPUBLIC OF CAMEROON,
FOR THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE
FOR THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC,
FOR THE PRESIDENT OF THE FEDERAL ISLAMIC REPUBLIC OF THE COMOROS,
FOR THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF THE CONGO,
FOR THE PRESIDENT OF THE REPUBLIC OF THE IVORY COAST,
FOR THE PRESIDENT OF THE REPUBLIC OF JIBUTI,
FOR THE PRIME MINISTER AND MINISTER OF EXTERNAL AFFAIRS OF THE INDEPENDENT STATE OF DOMINICA,
FOR THE CHAIRMAN OF THE PROVISIONAL MILITARY ADMINISTRATIVE COUNCIL AND OF THE COUNCIL OF MINISTERS AND COMMANDER-IN-CHIEF OF THE REVOLUTIONARY ARMY OF ETHIOPIA,
FOR HER MAJESTY THE QUEEN OF FIJI,
FOR THE PRESIDENT OF THE GABONESE REPUBLIC,
FOR THE PRESIDENT OF THE REPUBLIC OF THE GAMBIA,
FOR THE PRESIDENT OF THE REPUBLIC OF GHANA,
FOR THE HEAD OF STATE OF GRENADA,
FOR THE PRESIDENT OF THE REPUBLIC OF GUINEA,
FOR THE PRESIDENT OF THE COUNCIL OF STATE OF GUINEA BISSAU,
FOR THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA,
FOR THE PRESIDENT OF THE REPUBLIC OF GUYANA,
FOR THE PRESIDENT OF THE REPUBLIC OF UPPER VOLTA,
FOR THE HEAD OF STATE OF JAMAICA,
FOR THE PRESIDENT OF THE REPUBLIC OF KENYA,
FOR THE PRESIDENT OF THE REPUBLIC OF KIRIBATI,
FOR HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,
FOR THE PRESIDENT OF THE REPUBLIC OF LIBERIA,
FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF MADAGASCAR,
FOR THE PRESIDENT OF THE REPUBLIC OF MALAWI,
FOR THE PRESIDENT OF THE REPUBLIC OF MALI,
FOR THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,
FOR HER MAJESTY THE QUEEN OF MAURITIUS,
FOR THE PRESIDENT OF THE REPUBLIC OF NIGER,
FOR THE HEAD OF THE FEDERAL GOVERNMENT OF NIGERIA,
FOR THE HEAD OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA,
FOR THE PRESIDENT OF THE REPUBLIC OF RWANDA,
FOR THE PRESIDENT OF THE REPUBLIC OF SAINT LUCIA,
FOR THE HEAD OF STATE OF WESTERN SAMOA,
FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE,
FOR THE PRESIDENT OF THE REPUBLIC OF SENEGAL,
FOR THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,
FOR THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE,
FOR THE PRESIDENT OF THE INDEPENDENT STATE OF SOLOMON ISLANDS,
FOR THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC, PRESIDENT OF THE SUPREMEREVOLUTIONARY COUNCIL,
FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN,
FOR THE PRESIDENT OF THE REPUBLIC OF SURINAM,
FOR HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND,
FOR THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA,
FOR THE PRESIDENT OF THE REPUBLIC OF CHAD,
FOR THE PRESIDENT OF THE REPUBLIC OF TOGO,
FOR HIS MAJESTY KING TAUFA'AHAU TUPOU IV OF TONGA,
FOR THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO,
FOR HER MAJESTY THE QUEEN OF TUVALU,
FOR THE PRESIDENT OF THE REPUBLIC OF UGANDA,
FOR THE PRESIDENT OF THE REPUBLIC OF ZAIRE,
FOR THE PRESIDENT OF THE REPUBLIC OF ZAMBIA
Attachments
ANNEX VIII. Joint declaration on the encouragement of mining investment
In order to encourage European investments in mining and energy development projects promoted by the ACP States, the Community and the Member States, on the one hand, and the ACP States, on the other, pursuant to the general aims of the treatment of investments referred to in Title IV, may also conclude agreements relating to individual projects where the Community and possibly European undertakings contribute towards their financing.
ANNEX IX. Joint declaration on investments relating to Article 64 of the Convention
1 . Where an ACP State has entered, or enters, into an inter-governmental agreement relating to the treatment of investments with any Member States, the ACP State concerned recognizes that the right of non-discriminatory treatment of investments coming from Member States of the Community in ACP States takes effect from the entry into force of the Convention.
2. (a) The application of this right shall be based on bilateral inter-governmental investment agreements which shall serve as reference agreements.
(b) As regards such bilateral inter-governmental investment agreements concluded before the entry into force of this Convention, the application of non-discriminatory treatment shall take into account any provisions in the reference agreement. The ACP State shall have the right to modify or adapt this treatment when international obligations and/or changed de facto circumstances so necessitate.
3 . For the purpose of applying non-discriminatory treatment on the basis of paragraph 2 (a), the Contracting States shall proceed to bilateral inter-governmental exchanges of letters or other appropriate form required by law of a Contracting State.
4. Any Contracting State has the right to ask for such an agreement. The agreement when concluded shall come into effect without delay in accordance with the law of the ACP State concerned.
5. Such agreements shall cover disputes relating to investments arising only after the entry into force of the new Convention.
6 . The treatment of investments made before the entry into force of this Convention shall be examined by the two parties in the light of the provisions of the agreement of reference.