Burundi
Dominica
Cape Verde
Ethiopia
Central African Republic
Gambia
Grenada
Guinea
Guinea Bissau
Jibuti
Lesotho
Malawi
Mali
Mauritania
Niger
Rwanda
Sao Tome and Principe
Seychelles
Sierra Leone
Solomon Islands
Somalia
St Lucia
Sudan
Swaziland
Tanzania
Togo
Tonga
Tuvalu
Uganda
Upper Volta
Western Samoa
(b) land-locked ACP States
Botswana
Burundi
Central African Republic
Chad
Lesotho
Malawi
Mali
Niger
Rwanda
Swaziland
Uganda
Upper Volta
Zambia
(c) island ACP States
Bahamas
Barbados
Cape Verde
Comoros
Dominica
Fiji
Grenada
Jamaica
Madagascar
Mauritius
Papua New Guinea
Sao Tome and Principe
Seychelles
Solomon Islands
St Lucia
Tonga
Trinidad and Tobago
Tuvalu
Western Samoa
4. The lists of the ACP States referred to in paragraph
3 may be amended by decision of the Council of Ministers:
- where a third State in a comparable situation accedes to this Convention,
- where the economic situation of an ACP State undergoes a significant and lasting change either so as to necessitate its inclusion in the category of least-developed ACP States or so that its inclusion in that category is no longer warranted.
Title IX. PROVISIONS RELATING TO PAYMENTS AND CAPITAL MOVEMENTS, ESTABLISHMENT AND SERVICES
Chapter 1. Provisions Relating to Current Payments and Capital Movements
Article 156.
With regard to capital movements linked with investments and to current payments, the Contracting Parties shall refrain from taking action in the field of foreign exchange transactions which would be incompatible with their obligations under this Convention resulting from the provisions relating to trade in goods, services, establishment and industrial cooperation. These obligations shall not, however, prevent the Contracting Parties from adopting the necessary protective measures should this be justified by reasons relating to serious economic difficulties or severe balance of payments problems.
Article 157.
1. In respect of foreign exchange transactions linked with investments and current payments, the ACP States on the one hand and the Member States on the other shall avoid, as far as possible, taking discriminatory measures vis-a-vis each other or according more favourable treatment to third States, taking full account of the evolving nature of the international monetary system, the existence of specific monetary arrangements and balance of payments problems.
2. To the extent that such measures or treatment are unavoidable they will be maintained or introduced in accordance with international monetary rules and every effort will be made to minimize any adverse effects on the Parties concerned.
Article 158.
Throughout the duration of the loans and risk capital operations provided for in Article 95, each of the ACP States undertakes:
(a) to place at the disposal of the beneficiaries referred to in Article 94 the currency necessary for the payment of interest and commission on and amortization of loans and quasi-capital aid granted for the implementation of aid measures on their territory;
(b) to make available to the Bank the foreign currency necessary for the transfer of all sums received by it in national currency which represent the net revenue and proceeds from transactions involving the acquisition by the Community of holdings in the capital of firms.
Article 159.
At the request of the Community or of the ACP States, the Council of Ministers shall examine any problems raised by the application of Articles 156, 157 and 158. It shall also formulate any relevant recommendations.
Chapter 2. Provisions Relating to Establishment and Services
Article 160.
As regards the arrangements that may be applied in matters of establishment and provision of services, the ACP States on the one hand and the Member States on the other shall treat nationals and companies or firms of Member States and nationals and companies or firms of the ACP States respectively on a non-discriminatory basis. However, if, for a given activity, an ACP State or a Member State is unable to provide such treatment, the Member States or the ACP States, as the case may be, shall not be bound to accord such treatment for this activity to the nationals and companies or firms of the State concerned.
Article 161.
For the purpose of this Convention "companies or firms" means companies or firms constituted under civil or commercial law, including cooperative societies and other legal persons governed by public or private law, save for those which are non-profit-making.
"Companies or firms of a Member State or of an ACP State" means companies or firms formed in accordance with the law of a Member State or an ACP State and whose registered office, central administration or principal place of business is in a Member State or ACP State; however, a company or firm having only its registered office in a Member State or an ACP State must be engaged in an activity which has an effective and continuous link with the economy of that Member State or the ACP State.
Article 162.
At the request of the Community or of the ACP States, the Council of Ministers shall examine any problems raised by the application of Articles 160 and 161. It shall also formulate any relevant recommendations.
Title X. INSTITUTIONS
Article 163.
The institutions of this Convention are the Council of Ministers, the Committee of Ambassadors and the Consultative Assembly.
Article 164.
1. The Council of Ministers shall be composed, on the one hand, of the members of the Council of the European Communities and of members of the Commission of the European Communities and, on the other hand, of a member of the government of each of the ACP States.
2. Any member of the Council of Ministers unable to attend may be represented. The representative shall exercise all the rights of the accredited member.
3. The proceedings of the Council of Ministers shall be valid only if half the members of the Council of the European Communities, one member of the Commission and two-thirds of the accredited members representing the governments of the ACP States are present.
4. The Council of Ministers shall lay down its rules of procedure.
Article 165.
The office of President of the Council of Ministers shall be held alternately by a member of the Council of the European Communities and a member of the government of an ACP State, the latter to be designated by the ACP States.
Article 166.
1. Meetings of the Council of Ministers shall be called once a year by its President.
2. The Council of Ministers shall, in addition, meet whenever necessary, in accordance with the conditions laid down in the rules of procedure.
3. The rules of procedure of the Council of Ministers shall stipulate that the Co-Presidents assisted by advisers may have regular consultations and exchanges of views between meetings of the Council of Ministers.
Article 167.
1. The Council of Ministers shall act by mutual agreement between the Community on the one hand and the ACP States on the other.
2. The Community on the one hand and the ACP States on the other shall each, by means of an internal protocol, determine the procedure for arriving at their respective positions.
Article 168.
1. The Council of Ministers shall define the broad outline of the work to be undertaken in the context of the application of this Convention.
2. The Council of Ministers shall periodically review the results of the arrangements under this Convention and shall take such measures as may be necessary for- the attainment of the objectives of this Convention.
The Council of Ministers may, to that end, take into consideration any resolutions or recommendations made in that respect by the Consultative Assembly.
3. Decisions taken by the Council of Ministers in the cases provided for by this Convention shall be binding on the Contracting Parties which shall take such measures as are necessary to implement those decisions.
4. The Council of Ministers may also formulate such resolutions, declarations, recommendations or opiriions as it may deem necessary to attain the objectives and to ensure the smooth functioning of the Convention.
5. The Council of Ministers shall publish an annual report and such other information as it considers appropriate.
6. The Council of Ministers may make all the arrangements that are appropriate for ensuring the maintenance of effective contacts, consultations and cooperation between the economic and social sectors of the Member States and of the ACP States.
7. The Community or the ACP States may raise in the Council of Ministers any problems arising from the application of this Convention,
8. Where provided for in this Convention consultations shall take place, at the request of the Community or of the ACP States, within the Council of Ministers, in accordance with its rules of procedure.
9, The Council of Ministers may set up committees or groups or ad hoc working groups to undertake such activities as it may determine.
10. At the request of one of the Contracting Parties, exchanges of view may take place on questions having direct bearing on the matters covered by this Convention.
11. By agreement among the Parties, exchanges of view may take place on other economic or technical questions which are of mutual interest.
Article 169.
The Council of Ministers may, where necessary, delegate to the Committee of Ambassadors any of its powers. In this event, the Committee of Ambassadors shall take its decisions in accordance with the conditions laid down in Article 167.
Article 170.
The Committee of Ambassadors shall be composed, on the one hand, of one representative of each Member State and one representative of the Commission and, on the other, of one representative of each ACP State.
Article 171.
1. The Committee of Ambassadors shall assist the Council of Ministers in the performance of its functions and shall carry out any mandate entrusted to it by the Council of Ministers.
2. The Committee of Ambassadors shall exercise such other duties as are assigned to it by the Council of Ministers.
3. The Committee of Ambassadors shall keep under review the functioning of this Convention and the progress towards the realization of the objectives defined by the Council of Ministers.
4. The Commiittee of Ambassadors shall account for its actions to the Council of Ministers particularly in matters which have been the subject of delegation of powers, It shall also submit to the Council of Ministers any proposals, resolutions, recommendations or opinions which it may deem necessary or consider appropriate.
5. The Committee of Ambassadors shall supervise the work of all the committees and all other bodies or working groups, whether standing or ad hoc, established or provided for under this Convention and submit periodic reports to the Council of Ministers.
6. In the discharge of its duties the Committee of Ambassadors shall meet at least every six months.
Article 172.
1. The office of the Chairman of the Committee of Ambassadors shall be held alternately by a representative of a Member State designated by the Community and a representative of an ACP State designated by the ACP States. ,
2. The Committee of Ambassadors shall lay down its rules which shall be submitted to the Council of Ministers for approval.
Article 173.
A representative of the Bank shall be present at meetings of the Council of Ministers or Committee of Ambassadors when matters from the areas which concern the Bank are on the agenda.
Article 174.
The secretariat duties and other work necessary for the functioning of the Council of Ministers and the Committee of Ambassadors or other joint bodies shall be carried out on a basis of parity and in accordance with the conditions laid down in the rules of procedure of the Council of Ministers.
Article 175.
1. The Consultative Assembly shall be composed on a basis of parity of members of the European Parliament on the side of the Community and of members of parliament or representatives designated by the ACP on the other.
2. The Consultative Assembly shall consider ways and means of strengthening the cooperation between the Community and the ACP States and furthering the objectives of this Convention. It may submit to the Council of Ministers any conclusions and make any recommendations it considers appropriate, in particular when examining the Council of Ministers' annual report.
3. The Consultative Assembly shall apoint its Bureau and shall adopt its own rules of procedure.
4. The Consultative Assembly shall meet at least once a year.
5. The proceedings of the Consultative Assembly shall be prepared by a Joint Committee. The Consultative Assembly may in addition set up ad hoc consultative committees to undertake such specific activities as it shall determine.
6. The Consultative Assembly shall consider the annual report drawn up under Article 168 (5).
7. The Consultative Assembly may, on an ad hoc basis, establish such contacts as it considers desirable in order to obtain the views of the economic and social circles on cooperation under this Convention.
8. The Consultative Assembly may adopt resolutions on matters concerning or covered by this Convention.
9. The secretariat duties and other work necessary to the functioning of the Consultative Assembly shall be carried out on the basis of parity and in accordance with the conditions laid down in the rules of procedure of the Consultative Assembly.
Article 176.
1. Any dispute which arises between one or more Member States or the Community on the one hand, and one or more ACP States on the other, concerning the interpretation or the application of this Convention may be placed before the Council of Ministers.