Conclusion
In witness whereof the undersigned Plenipotentiaries have signed this Convention.
Done at Lomé on the fifteenth day of December, in the year one thousand nine hundred and eighty-nine.
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 HIS MAJESTY THE KING OF SPAIN,
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 THE PRESIDENT OF THE PORTUGUESE REPUBLIC,
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 THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF ANGOLA,
FOR HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA,
FOR THE HEAD OF STATE OF THE COMMONWEALTH 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 PEOPLE'S FRONT, HEAD OF THE STATE, HEAD OF THE GOVERNMENT OF BURKINA FASO,
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 COTE D'IVOIRE,
FOR THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI,
FOR THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA,
FOR THE PRESIDENT OF THE DOMINICAN REPUBLIC,
FOR THE PRESIDENT OF THE PEOPLE'S DEMOCRATIC REPUBLIC OF ETHIOPIA,
FOR THE PRESIDENT OF THE REPUBLIC OF FIJI,
THE PRESIDENT OF THE GABONESE REPUBLIC,FOR
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 PRESIDENT OF THE REPUBLIC OF HAITI,
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 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 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 SAINT 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 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 HER MAJESTY THE QUEEN OF THE SOLOMON ISLANDS,
FOR THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC,
FOR THE PRESIDENT OF THE REPUBLIC OF THE SUDAN,
FOR THE PRESIDENT OF THE REPUBLIC OF SURINAME,
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 TOGOLESE REPUBLIC,
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 GOVERNMENT OF THE REPUBLIC OF VANUATU,
FOR THE PRESIDENT OF THE REPUBLIC OF ZAIRE,
FOR THE PRESIDENT OF THE REPUBLIC OF ZAMBIA,
FOR THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE.
Attachments
Protocol 2. On the operating expenditure of the joint institutions
THE CONTRACTING PARTIES HAVE AGREED upon the following provisions, which shall be annexed to the Convention:
1.
The Member States and the Community on the one hand, and the ACP States on the other, shall be responsible for. such expenditure as they shall incur by reason of their participation in the meetings of the Council of Ministers and its dependent bodies, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenses.
Expenditure in connection with interpreting at meetings, translation and reproduction of documents, and the practical arrangements for meetings (such as premises, equipment and messengers) shall be borne by the Community or by one of the ACP States, according to whether the meetings take place in the territory of a Member State or in that of an ACP State.
2.
The Community and the ACP States shall be severally responsible for the travel and subsistence expenditure of their respective participants at the meetings of the Joint Assembly.
They shall likewise be responsible for the travel and subsistence, expenditure of the personnel required for such meetings and for postal and telecommunications expenses.
Expenditure in connection with interpreting at meetings, translation and reproduction of. documents, and the organization of meetings (such as premises, equipment, messengers) shall be borne by the Community or by the ACP States, according to whether the meetings take place in the territory of a Member State or in that of an ACP Strate.
3.
The arbitrators appointed in accordance with Article 352 of the Convention shall be entitled to a refund of their travel and subsistence expenditure. The latter shall be determined by the Council of Ministers.
One-half of travel and subsistence expenditure incurred by the arbitrators shall be borne by the Community and the other half by the ACP States.
Expenditure relating to any registry set up by the arbitrators, to preparatory inquiries into disputes, and to the organization of hearings (such as premises, personnel and interpreting) shall be borne by the Community.
Expenditure relating to special inquiries shall be settled together with the other costs and the parties shall deposit advances as determined by an order of the arbitrators.
Protocol 3. On privileges and immunities
THE CONTRACTING PARTIES,
Desiring, by the conclusion of a Protocol on privileges and immunities, to facilitate the smooth functioning of the Convention, the preparation of its work and implementation of the measures adopted for its application;
Whereas it is therefore necessary to specify the privileges and immunities which may be claimed by persons participating in work relating to the application of the Convention and to the arrangements applicable to official communications connected with such work, without prejudice to the provisions of the Protocol on the privileges and immunities of the European Communities, signed at Brussels on 8 April 1965;
Whereas it is also necessary to lay down the treatment to be accorded to the property, funds and assets of the Council of ACP Ministers and its staff;
Whereas the Georgetown Agreement of 6 June 1975 constituted the ACP Group of States and instituted a Council of ACP Ministers and a Committee of Ambassadors; whereas the organs of the ACP Group of States are to be serviced by the Secretariat of the ACP States;
HAVE AGREED upon the following provisions, which shall be annexed to the Convention:
Chapter 1. Persons Taking Part In the Work of the Convention
1.
The representatives of the Governments of the Member States and of the ACP States and the representatives of the institutions of the European Communities, as also their advisers and experts and the members of the staff of the Secretariat of the ACP States taking part, in the territory of the Member States or of the ACP States, in the work either of the institutions of the Convention or of the coordinating bodies, or in work connected with the application of the Convention, shall enjoy the customary privileges, immunities and facilities. while carrying out their duties and while travelling to or from the place at which they are required to carry out such duties.
The preceding paragraph shall also apply to members of the Joint Assembly of the Convention, to the arbitrators who may be appointed under the Convention, to members of the consultative bodies of the economic and social sectors which may be set up, to the officials and employees of these institutions, and also to the members of the agencies of the European Investment Bank and its staff, and to the staff of the Centre for the Development of Industry and the Technical Centre for Agricultural and Rural Cooperation.
Chapter 2. Property, Funds and Assets of the Council of ACP Ministers
2.
The premises and buildings occupied by the Council of ACP Ministers for official purposes shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation.
Except when: required for the purposes of investigating an accident caused by a motor vehicle belonging to the said Council or being used on its account, or in the event of an infringement of road traffic regulations or of an accident caused by such a vehicle, the property and assets of the Council of ACP Ministers shall not be the subject of any administrative or legal measures of constraint without the authorization of the Council of Ministers set up under the Convention.
3.
The archives of the Council of ACP Ministers shall be inviolable.
4.
The Council of ACP Ministers, its assets, income and other property shall be exempt from all direct taxes.
The host State shall, wherever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of movable or immovable property, where the Council of ACP Ministers makes, strictly for its official use, substantial purchases, the price of which includes taxes of this kind.
No exemption shall be granted in respect of taxes, charges, duties or fees which represent charges for services rendered.
5.
The Council of ACP Ministers shall be exempt. from all customs duties, prohibitions and restrictions on imports in respect of articles intended for its official use; articles so imported may not be sold or otherwise disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the government of that country.
Chapter 3. Official Communications
6.
For their official communications and the transmission of all their documents, the European Economic Community, the institutions of the Convention and the coordinating bodies shall enjoy in the territory of the States party to che Convention the treatment accorded to international organizations.
Official correspondence and other official communications of the European Economic Community, the joint institutions of the Convention and the coordinating bodies shall not be subject to censorship.
Chapter 4. Staff of the Secretariat of the ACP States
7.
1. The secretary or secretaries and deputy secretary or deputy secretaries of the Council of ACP Ministers and the other permanent members of the staff of senior rank as designated by the ACP States, of the Council of ACP Ministers shall enjoy, in the State in which the Council of ACP Ministers is established, under the responsibility of the chairman-in-office of the Committee of ACP Ambassadors, the advantages accorded to the diplomatic staff of diplomatic missions. Their spouses and their children under age living in their household shall be entitled, under the same conditions, to the advantages accorded to the spouses and children under age of such diplomatic staff.
2. Permanent ACP staff members not referred to in paragraph 1 shall be exempted by their host country from any taxes on salaries, emoluments or allowances paid to them by the ACP States from the day on which such income becomes subject to tax levied for the benefit of the ACP States.
The above provision shall not apply either to pensions paid by the ACP Secretariat to its former staff members or their dependants, or to salaries, emoluments or allowances paid to its local staff.
8.
The State in which the Council of ACP Ministers is established shall grant immunity from legal proceedings to permanent members of the staff of the Secretariat of the ACP States, apart from those referred to in Article 7 (1), only in respect of acts done by them in the performance of their official duties. Such immunity shall not, however, apply to infringements of road traffic regulations by a permanent member of the staff of the Secretariat of the ACP States or to damage caused by a motor vehicle belonging to, or driven by, him or her.
9.
The names, positions and addresses of the chairman- in-office of the Committee of ACP Ambassadors, the secretary or secretaries and deputy secretary or deputy secretaries of the Council of ACP Ministers and of the permanent members of the staff of the Secretariat of the ACP States shall be communicated periodically by the President of the Council of ACP Ministers to the Government of the State in whose territory the Council of ACP Ministers is established.
Chapter 5. Commission Delegations In the ACP States
10.
1. The Commission delegate and staff appointed to the delegations, with the exception: of locally recruited staff, shallbe exempted from any direct taxes in the ACP State where they are in post.
2. Article 309 (g) shall also apply to the staff referred to in paragraph 1.
Chapter 6. General Provisions
11.
The privileges, immunities and facilities provided for in this Protocol shall be accorded to those concerned solely in the interests of the proper execution of their official duties.
Each institution or body referred to in this Protocol shall be required to waive immunity wherever it considers that the waiver of such immunity is not contrary to its own interest.
352.
Article 352 of the Convention shall apply to disputes relating to this Protocol.
The Council of ACP Ministers and the European Investment Bank may be party to proceedings during an arbitration procedure.