Third Lomé Convention (1984)
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3. In the performance of its duties the Committee of Ambassadors shall meet at least every six months.

Article 273.

1. The office of Chairman of the Committee of Ambassadors shall be held alternately by a Permanent Representative of a Member State designated by the Community and a head of mission representing an ACP State designated by the ACP States.

2. Any member of the Committee of Ambassadors unable to attend may be represented. The representative shall exercise all the rights of that member.

3. The Committee of Ambassadors shall lay down its rules of procedure, which shall be submitted to the Council of Ministers for approval.

Chapter 3. Provisions Common to the Council of Ministers and the Committee of Ambassadors

Article 274.

A representative of the Bank shalt 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 275.

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.

Chapter 4. The Joint Assembly

Article 276.

The Joint Assembly shall consider the annual report drawn up under Article 269(4).

It may adopt resolutions on matters concerning or covered by this Convention.

It may, in order to attain the objectives of this Convention, 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.

Article 277.

1. The Joint Assembly shall appoint its Bureau and shall adopt its own rules of procedure.

2. It shall hold a general session twice a year, alternately in the Community and in an ACP State.

3. It may set up ad hoc working parties to undertake such specific preparatory activities as it shall determine.

4. The secretariat duties and other work necessary for the functioning of the Joint Assembly shall be carried out on the basis of parity and in accordance with the conditions laid down in its rules of procedure.

Chapter 5. Other Provisions

Article 278.

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 shall be referred to the Council of Ministers.

2. Between meetings of the Council of Ministers, such disputes shall be referred to the Committee of Ambassadors for settlement.

3. If the Committee of Ambassadors fails to settle the dispute, it shall refer the matter to the Council of Ministers at its next meeting.

4. If the Council of Ministers fails to settle the dispute at that meeting it may, at the request of either Contracting Party, initiate a good offices procedure, the result of which shall be transmitted to the Council in the form of a report at its next meeting.

5. (a) If a settlement of the dispute is not reached, the Council of Ministers shall initiate an arbitration procedure at the request of either Contracting Party. Two arbitrators shall be appointed by the parties to the dispute within thirty days, one by either side as set out in paragraph 1. The two arbitrators in question shall then appoint a third arbitrator within two months. Should the latter not be appointed within the time-limit set, he shall be appointed by the co-Presidents of the Council of Ministers from among eminent persons providing every guarantee of independence.

(b) The decision of the arbitrators shall be taken by majority vote, as a general rule within five months.

(c) Each party to the dispute must take the measures required for the implementation of the arbitrators' decision.

Article 279.

The Contracting Parties shall endeavour, without prejudice to the provisions of this Convention, to reach a joint interpretation where there are differences of opinion between the Community and the ACP States as to the interpretation of the texts in connection with the application of this Convention. To this end, such problems shall undergo joint examination by the institutions with a view to resolving them.

Article 280.

The operating expenses of the institutions of this Convention shall be defrayed in accordance with the terms set out in Protocol 2.

Article 281.

The privileges and immunities for the purposes of this Convention shall be as laid down in Protocol 3.

Part Five. Final Provisions

Article 282.

No treaty, convention, agreement or arrangement of any kind between one or more Member States of the Community and one or more ACP States may impede the implementation of this Convention.

Article 283.

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 is applied and under the conditions laid down in that Treaty and, on the other hand, to the territories of the ACP States.

Article 284.

1. Should a third country wish to accede to the Community, the latter shall, as soon as it has decided to enter into negotiations on such accession, inform the ACP States of its decision.

2. The Contracting Parties further agree:

(a) to establish, in the course of accession negotiations, regular contacts during which:

- the Community shall provide the ACP States with all rele- vant information on the progress of the negotiations;

- the ACP States shall inform the Community of their concerns and positions so that they may be taken fully into account;

(b) to examine without delay, after the conclusion of the accession negotiations, the effects of such accession on this Convention, and to engage in negotiations in order to establish a protocol of accession and adopt the measures of adaptation or transition that may become necessary, to be annexed to the said protocol, of which they shall constitute an integral part.

3. Without prejudice to any transitional arrangements that may be adopted, the Contracting Parties recognize that the provisions of the Convention do not apply in relations between the ACP States and a new Member State of the Community as long as the protocol of accession to the Convention referred to in paragraph 2(b) has not entered into force.

Article 285.

1. (a) As regards the Community, this Convention shall be validly concluded in accordance with the provisions of the EEC and ECSC Treaties; the conclusion shall be notified to the parties.

(b) This Convention shall be ratified by the Signatory States in conformity with their respective constitutional requirements.

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 give notice thereof forthwith to the Signatory States and the Community.

Article 286.

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 this Convention by the Community.

2. Any ACP State which has not completed the procedures set out in Article 285 by the date of the entry into force of this Convention as specified in paragraph | may do so only within the twelve months following such entry into force and shall be able to proceed with these procedures only during the twelve 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 under- takes 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 285 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 285, 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 joint 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 285, 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 287.

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 288.

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 country 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 co-operation and on the stabilization of export earnings.

Article 289.

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 co-operation, the stabilization of export earnings and industrial co-operation.

Article 290.

As from the entry into force of this Convention, the powers conferred upon the Council of Ministers by the second ACP- EEC Convention of Lomé, signed at Lomé on 31 October 1979, shall be exercised, insofar 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 291.

This Convention shall expire after a period of five years from the first day of March 1985, namely on the twenty-eighth day of February 1990.

Eighteen 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.

The Council of Ministers shall adopt any transitional measures that may be required until the new Convention comes into force.

Article 292.

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 293.

The Protocols annexed to this Convention shall form an integral part thereof.

Article 294.

This Convention, drawn up in two copies in the Danish, Dutch, English, French, German, Greek and Italian languages, all texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the Euro-pean 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

Done at Lome on the eighth day of December in the year one thousand nine hundred and eighty-four.

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 Hellenic Republic,

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 and the Commission of the European Communities,

For Her Majesty the Queen of Antigua and Barbuda,

For The Head of State of the Bahamas,

For The Head of State of Barbados,

For Her Majesty the Queen of Belize,

For The President of the People's Republic of Benin,

For The President of the Republic of Botswana,

For The President of the National Revolutionary Council, President of Burkina Faso, Head of the Government,

For The President of the Republic of Burundi,

For The President of the 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 Islamic Federal 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 Djibouti,

For The Government of the Commonwealth of Dominica,

For The General Secretary of the Ethiopian Workers' Party, 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 Head of State and Chairman of the Provisional National Defence Council of the Republic of Ghana,

For Her Majesty the Queen 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 Cooperative Republic of Guyana,

For The Head of the 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 Chairman of the Military Committee for National Safety, Head of State of the Islamic Republic of Mauritania,

For Her Majesty the Queen of Mauritius,

For The President of the People's Republic of Mozambique,

For The President of the Supreme Military Council, Head of State of Niger,

For The Head of the Federal Military Government of Nigeria,

For The President of the Republic of Uganda,

For Her Majesty the Queen of Papua New Guinea,

For The President of the Rwandese Republic,

For Her Majesty the Queen of St Christopher and Nevis,

For Her Majesty the Queen of Saint Lucia,

For Her Majesty the Queen of Saint Vincent and the Grenadines,

For The Head of Sate 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 Her Majesty the Queen of the Solomon Islands,

For The President of the Somali Democratic Republic,

For The President of the Democratic Republic of the Sudan,

For The President of the Republic of Suriname,

For Her Majesty the Queen Regent of the Kingdom of Swaziland,

  • Part   One General Provisions of ACP-EEC Co-operation 2
  • Chapter   1 Objectives and Principles of Co-operation 2
  • Article   1 2
  • Article   2 2
  • Article   3 2
  • Article   4 2
  • Article   5 2
  • Article   6 2
  • Article   7 2
  • Article   8 2
  • Article   9 2
  • Chapter   2 Objectives and Guidelines of the Convention In the Main Areas of Co-operation 2
  • Article   10 2
  • Article   11 2
  • Article   12 2
  • Article   13 2
  • Article   14 2
  • Article   15 2
  • Chapter   3 Principles Governing the Instruments of Co-operation 3
  • Article   16 3
  • Article   17 3
  • Article   18 3
  • Article   19 3
  • Article   20 3
  • Article   21 3
  • Chapter   4 Institutions 3
  • Article   22 3
  • Article   23 3
  • Article   24 3
  • Article   25 3
  • Part   Two The Areas of ACP-EEC Co-operation 3
  • Title   I Agricultural and Rural Development and Conservation of Natural Resources 3
  • Chapter   1 Agricultural Co-operation and Food Security 3
  • Article   26 3
  • Article   27 3
  • Article   28 3
  • Article   29 3
  • Article   30 3
  • Article   31 3
  • Article   32 3
  • Article   33 3
  • Article   34 3
  • Article   35 3
  • Article   36 3
  • Article   37 3
  • Chapter   2 Drought and Desertification Control 4
  • Article   38 4
  • Article   39 4
  • Article   40 4
  • Article   41 4
  • Article   42 4
  • Article   43 4
  • Chapter   3 Co-operation on Agricultural Commodities 4
  • Article   44 4
  • Article   45 4
  • Article   46 4
  • Article   47 4
  • Article   48 4
  • Article   49 4
  • Title   II Development of Fisheries 4
  • Article   50 4
  • Article   51 4
  • Article   52 4
  • Article   53 4
  • Article   54 4
  • Article   55 4
  • Article   56 4
  • Article   57 4
  • Article   58 4
  • Article   59 4
  • Title   III Industrial Development 4
  • Article   60 4
  • Article   61 4
  • Article   62 4
  • Article   63 4
  • Article   64 4
  • Article   65 4
  • Article   66 4
  • Article   67 4
  • Article   68 4
  • Article   69 4
  • Article   70 4
  • Article   71 5
  • Article   72 5
  • Article   73 5
  • Article   74 5
  • Title   IV Development of Mining and Energy Potential 5
  • Article   75 5
  • Article   76 5
  • Article   77 5
  • Article   78 5
  • Article   79 5
  • Article   80 5
  • Article   81 5
  • Article   82 5
  • Article   83 5
  • Title   V Transport and Communications 5
  • Article   84 5
  • Article   85 5
  • Article   86 5
  • Article   87 5
  • Article   88 5
  • Article   89 5
  • Article   90 5
  • Article   91 5
  • Article   92 5
  • Article   93 5
  • Article   94 5
  • Title   VI Development of Trade and Services 5
  • Article   95 5
  • Article   96 5
  • Article   97 5
  • Article   98 5
  • Article   99 5
  • Article   100 5
  • Title   VII Regional Co-operation 5
  • Article   101 5
  • Article   102 5
  • Article   103 6
  • Article   104 6
  • Article   105 6
  • Article   106 6
  • Article   107 6
  • Article   108 6
  • Article   109 6
  • Article   110 6
  • Article   111 6
  • Article   112 6
  • Article   113 6
  • Title   VIII Cultural and Social Co-operation 6
  • Article   114 6
  • Article   115 6
  • Chapter   1 Cultural and Social Dimension 6
  • Article   116 6
  • Article   117 6
  • Chapter   2 Operations to Enhance the Value of Human Resources 6
  • Article   118 6
  • Article   119 6
  • Article   120 6
  • Article   121 6
  • Article   122 6
  • Article   123 6
  • Article   124 6
  • Chapter   3 Promotion of Cultural Identities 6
  • Article   125 6
  • Article   126 6
  • Article   127 6
  • Article   128 7
  • Part   Three The Instruments of ACP-EEC Co-operation 7
  • Title   I Trade Co-operation 7
  • Chapter   1 General Trade Arrangements 7
  • Article   129 7
  • Article   130 7
  • Article   131 7
  • Article   132 7
  • Article   133 7
  • Article   134 7
  • Article   135 7
  • Article   136 7
  • Article   137 7
  • Article   138 7
  • Article   139 7
  • Article   140 7
  • Article   141 7
  • Article   142 7
  • Article   143 7
  • Chapter   2 Special Undertakings on Rum and Bananas 7
  • Article   144 7
  • Article   145 7
  • Article   146 7
  • Title   II Co-operation In the Field of Commodities 7
  • Chapter   1 Stabilization of Export Earnings from Agricultural Commodities 7
  • Article   147 7
  • Article   148 7
  • Article   149 7
  • Article   150 7
  • Article   151 7
  • Article   152 7
  • Article   153 7
  • Article   154 7
  • Article   155 7
  • Article   156 7
  • Article   157 7
  • Article   158 7
  • Article   159 7
  • Article   160 7
  • Article   161 8
  • Article   162 8
  • Article   163 8
  • Article   164 8
  • Article   165 8
  • Article   166 8
  • Article   167 8
  • Article   168 8
  • Article   169 8
  • Article   170 8
  • Article   171 8
  • Article   172 8
  • Article   173 8
  • Article   174 8
  • Chapter   2 Special Undertakings on Sugar 8
  • Article   175 8
  • Chapter   3 Mining Products: Special Financing Facility (SSYSMIN) 8
  • Article   176 8
  • Article   177 8
  • Article   178 8
  • Article   179 8
  • Article   180 8
  • Article   181 8
  • Article   182 8
  • Article   183 8
  • Article   184 8
  • Title   II Financial and Technical Co-operation 8
  • Chapter   1 General Provisions 8
  • Section   1 Objectives and Principles 8
  • Article   185 8
  • Article   186 8
  • Section   2 Scope 9
  • Article   187 9
  • Article   188 9
  • Article   189 9
  • Article   190 9
  • Article   191 9
  • Section   3 Responsibilities of the ACP States and the Community 9
  • Article   192 9
  • Article   193 9
  • Chapter   2 Financial Co-operation 9
  • Section   1 Financial Resources 9
  • Article   194 9
  • Article   195 9
  • Section   2 Terms and Conditions of Loans 9
  • Article   196 9
  • Section   3 Methods of Financing 9
  • Article   197 9
  • Article   198 9
  • Section   4 Risk Capital 9
  • Article   199 9
  • Section   5 Co-financing 10
  • Article   200 10
  • Section   6 Microprojects 10
  • Article   201 10
  • Article   202 10
  • Section   7 Emergency Aid and Aid for Refugees and Returnees 10
  • Article   203 10
  • Article   204 10
  • Article   205 10
  • Section   8 Small and Medium-sized Enterprises 10
  • Article   206 10
  • Chapter   3 Technical Co-operation 10
  • Article   207 10
  • Article   208 10
  • Article   209 10
  • Article   210 10
  • Article   211 10
  • Article   212 11
  • Article   213 11
  • Article   214 11
  • Chapter   4 Implementation Procedures 11
  • Section   1 Programming, Appraisal, Implementation and Evaluation 11
  • Article   215 11
  • Article   216 11
  • Article   217 11
  • Article   218 11
  • Article   219 11
  • Article   220 11
  • Article   221 11
  • Article   222 11
  • Article   223 11
  • Article   224 11
  • Section   2 Execution of Financial and Technical Co-operation 11
  • Article   225 11
  • Article   226 11
  • Article   227 11
  • Article   228 11
  • Article   229 12
  • Article   230 12
  • Article   231 12
  • Section   3 Competition and Preferences 12
  • Article   232 12
  • Article   233 12
  • Article   234 12
  • Article   235 12
  • Article   236 12
  • Article   237 12
  • Article   238 12
  • Section   4 Tax and Customs Arrangements 12
  • Article   239 12
  • Title   IV Investment, Capital Movements, Establishment and Services 12
  • Chapter   1 Investment 12
  • Article   240 12
  • Article   241 12
  • Article   242 12
  • Article   243 12
  • Article   244 12
  • Article   245 12
  • Article   246 12
  • Article   247 12
  • Chapter   2 Provisions Relating to Current Payments and Capital Movements 12
  • Article   248 12
  • Article   249 12
  • Article   250 12
  • Article   251 12
  • Chapter   3 Provisions Relating to Establishment and Services 12
  • Article   252 12
  • Article   253 12
  • Article   254 12
  • Title   V General Provisions for the Least-developed, Landlocked and Island ACP States 12
  • Article   255 12
  • Chapter   1 Least-developed ACP States 12
  • Article   256 12
  • Article   257 12
  • Article   258 13
  • Chapter   2 Landlocked ACP States 13
  • Article   259 13
  • Article   260 13
  • Article   261 13
  • Chapter   3 Island ACP States 13
  • Article   262 13
  • Article   263 13
  • Article   264 13
  • Part   Four Operation of the Institutions 13
  • Chapter   I The Council of Ministers 13
  • Article   265 13
  • Article   266 13
  • Article   267 13
  • Article   268 13
  • Article   269 13
  • Article   270 13
  • Article   271 13
  • Chapter   2 The Committee of Ambassadors 13
  • Article   272 13
  • Article   273 14
  • Chapter   3 Provisions Common to the Council of Ministers and the Committee of Ambassadors 14
  • Article   274 14
  • Article   275 14
  • Chapter   4 The Joint Assembly 14
  • Article   276 14
  • Article   277 14
  • Chapter   5 Other Provisions 14
  • Article   278 14
  • Article   279 14
  • Article   280 14
  • Article   281 14
  • Part   Five Final Provisions 14
  • Article   282 14
  • Article   283 14
  • Article   284 14
  • Article   285 14
  • Article   286 14
  • Article   287 14
  • Article   288 14
  • Article   289 14
  • Article   290 14
  • Article   291 14
  • Article   292 14
  • Article   293 14
  • Article   294 14
  • ANNEX XXVI  Joint declaration on Article 243(1) 15