2. Agricultural cooperation, food security and rural development
- Article 52
3. Development of fisheries
- Article 62
4. Industrial cooperation
- Article 97 (1).
5. Development of services
- Article 116
6. Trade development
- Article 136 (5)
7. Regional cooperation
- Article 165
8. Safeguard measures - trade cooperation
- Article 180
9. Stabex
- Article 196 (2)
- Article 197 (4)
10. Sysmin
- Article 215 (1)
11. Development nance cooperation
- Article 220 (0)
12. Allocation of resources
- Article 238
13. Implementation of special measures
- Article 324
- Article 326 (6)
14. Protocol on rules of origin
- Article 31 (5)
Part Four. OPERATION OF THE INSTITUTIONS
Chapter 1. The Council of Ministers
Article 338.
The Council of Ministers shall act by agreement between the Community on the one hand and the ACP States on the other.
Article 339.
1. 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 members representing the governments of the ACP States are present.
2. Any member of the Council of Ministers unable to attend may be represented. The representative shall exercise all the rights of that member.
3. The Council of Ministers shall lay down its rules of procedure. These rules shall provide for the possibility at each Council meeting of a. thorough examination of major areas of cooperation, if need be after preparatory work in accordance with Article 342 (6).
Article 340.
The office of the 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.
Article 341.
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 co-Presidents assisted by advisers may have regular consultations and exchanges of views between meetings of the Council of Ministers.
Article 342.
1. The Council of Ministers shall review periodically 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 shall, to that end and at the request of one of the parties, examine and may take into consideration any resolutions or recommendations made in that respect by the Joint Assembly.
2. 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.
3. The Council of Ministers may also formulate such resolutions, declarations, recommendations or opinions as it may deem necessary to attain the objectives and to ensure the smooth functioning of this Convention.
4. The Council of Ministers shall publish an annual report and such other information as it considers appropriate.
5. The Community or the ACP States may raise in the Council of Ministers any problems arising from the application of this Convention.
6. The Council of Ministers may set up committees or ad hoc working parties to undertake such activities as it deems necessary, in particular, to prepare, if appropriate, its deliberation on specific cooperation areas or problems, in accordance with the provisions of Article 346 (2).
Article 343.
Pursuant to Articles 30 (2) (h), and Articles 20, 21 and 22 concerning decentralized cooperation, the Council of Ministers shall organize contacts between the relevant organizations in the Community and the ACP States (decentralized public authorities and unofficial bodies) to examine in practical terms how and under what conditions their initiatives can be organized, with a view to contributing to the pursuit of the development objectives of the ACP States. Which of the abovementioned, bodies attend these meetings will depend on the items on the agenda and the practical capacity of the bodies concerned to contribute to development objectives in the areas under discussion.
These contacts shall improve the access of the parties concerned to information on the development policies conducted by the ACP States and on ACP-EEC cooperation operations and shall provide for an exchange of information and discussions on the opportunities for decentralized cooperation operations.
Article 344.
Without prejudice to Article 342 (6), the Council of Ministers may, at its meetings, delegate the task of preparing its discussions and conclusions on specific items on the agenda to restricted ministerial working parties constituted on a basis of parity.
Article 345.
The Council of Ministers may 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 338.
Chapter 2. The Committee of Ambassadors
Article 346.
1. The Committee 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.
2. The Committee of Ambassador shall supervise the work of all the committees and all other bodies, groups or working parties, whether standing or ad hoc, established or provided for below ministerial level under this Convention and submit periodic reports to the Council of Ministers.
3. In the performance of its duties the Committee of Ambassadors shall meet at feast once every six months.
Article 347.
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 348.
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 349.
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 350.
The Joint Assembly shall consider the annual report drawn up under Article 342 (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 351.
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 352.
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 30 days, one by either side as set out in paragraph 1. The two arbitrators in question shall then appoint a third arbitrator within two mounts. Should the latter not be appointed within the time limit set, he shall be appointed by the co-President 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 353.
The Contracting Parties shall make every 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 354.
The operating expenses of the institutions of this Convention shall be defrayed in accordance with the terms set out in Protocol 2.
Article 355.
The privileges and immunities for the purposes of this Convention shall be as laid down in Protocol 3.
Part Five. FINAL PROVISIONS
Article 356.
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 357.
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 358.
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 relevant 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 359.
1. (a) As regards the Community, this Convention shall be validly concluded in accordance with the provision 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 360.
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 359 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 intentions to complete these procedures not later than six months after this period 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 359 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 359, 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 359 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 361.
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 362.
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 development finance cooperation and on the stabilization of export earnings.
Article 363.
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 development finance cooperation, the stabilization of export earnings and industrial cooperation.
Article 364.
If Namibia, on becoming independent, requests accession to the Convention and its request is received after the actual process for the ratification of the Convention has begun but before its entry into force, the Council of Ministers shall act on the request and take a decision on the accession of that State. At the same time it shall also take any necessary decision regarding that State in areas falling under Part Three, Titles I and IV of the Convention and the Annexes to the Final Act regarding these parts of the Convention, including beef.
In the event of a positive decision, Namibia will be added to the States Signatory to the Convention, particularly as regards the ratification and entry into force thereof.
Article 365.
As from the entry into force of this Convention, the powers conferred upon the Council of Ministers by the third ACP-EEC Convention 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 366.
1. This Convention is hereby concluded for a period of 10 years, commencing on 1 March 1990.
2. The Community and the Member States, on the one hand, and the ACP States, on the other, shall notify the other Party not later than 12 months before the expiry of the first five-year period of any review of the provisions they desire to make with a view to a possible amendment of the Convention. Notwithstanding this time limit, if one Party requests the review of any provisions of the Convention, the other Party shall have a period of two months in which to request the extension of the review to other provisions related to those which were the subject of the initial request.
Ten months before the expiry of this five-year period, the Contracting Parties shall enter into negotiations with a view to examining any possible amendments to the provisions that were the subject of the notification.
Articles 359 and 360 on the conclusion, ratification and entry into force of the Convention shall also apply to amendments thus made to the Convention.
The Council of Ministers shall adopt any transitional measures that may be required i in respect of the amended provisions until they come into force.
3. 18 months before the end of the total period of the Convention, 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 367.
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 368.
The Protocols annexed to this Convention shall form an integral part thereof.
Article 369.
This Convention, drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish 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.