# EUR-Lex - 21979A1031(24) - EN

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# 21979A1031(24)

**Second ACP-EEC Convention signed at Lomé on 31 October 1979 - Joint Declaration reproducing the text of Articles 24 to 27 of Protocol 2 to the ACP-EEC Convention of Lomé referred to in Article 142 of this Convention and the Joint Declaration on Article 26 of the Said Protocol (Annex XIV) /* Lomé 2 */ **

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Official Journal L 347 , 22/12/1980 P. 0169 *

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ANNEX XIV

JOINT DECLARATION REPRODUCING THE TEXT OF ARTICLES 24 TO 27 OF PROTOCOL 2 TO THE ACP-EEC CONVENTION OF LOME REFERRED TO IN ARTICLE 142 OF THIS CONVENTION AND THE JOINT DECLARATION ON ARTICLE 26 OF THE SAID PROTOCOL

ARTICLE 24

TECHNICAL COOPERATION CONTRACTS SHALL BE AWARDED BY MUTUAL AGREEMENT . CERTAIN CONTRACTS MAY BE AWARDED FOLLOWING COMPETITIVE TENDERING , NOTABLY FOR IMPORTANT , COMPLICATED AND TECHNICALLY DIFFICULT STUDIES WHERE TECHNICAL , ECONOMIC OR FINANCIAL REASONS JUSTIFY RECOURSE TO THIS PROCEDURE .

ARTICLE 25

1 . FOR EACH OPERATION OF TECHNICAL COOPERATION WHICH WILL INVOLVE A MUTUAL AGREEMENT PROCEDURE , THE COMMISSION SHALL COMPILE A LIST OF SELECTED CANDIDATES FROM MEMBER STATES OR ACP STATES , SELECTED ACCORDING TO CRITERIA GUARANTEEING THEIR QUALIFICATIONS , EXPERIENCE AND INDEPENDENCE AND TAKING INTO ACCOUNT THEIR AVAILABILITY FOR THE PROPOSED UNDERTAKING .

THE ACP STATE CONCERNED SHALL CHOOSE FREELY THE LISTED CANDIDATE IT WISHES TO DEAL WITH .

2 . WHEN COMPETITIVE TENDERING IS RESORTED TO , THE LIST OF SELECTED CANDIDATES SHALL BE DRAWN UP IN CLOSE COLLABORATION WITH THE COMMISSION AND THE ACP STATE CONCERNED ON THE BASIS OF THE CRITERIA SET OUT IN PARAGRAPH 1 . THE CONTRACT SHALL BE AWARDED TO THE LISTED CANDIDATE THAT SUBMITS THE TENDER JUDGED BY THE COMMISSION AND THE ACP STATE CONCERNED TO BE ECONOMICALLY THE MOST ADVANTAGEOUS .

3 . THE ACP FIRMS WHICH MAY BE TAKEN INTO CONSIDERATION FOR TECHNICAL COOPERATION ACTIONS SHALL BE SELECTED BY MUTUAL AGREEMENT BETWEEN THE COMMISSION AND THE ACP STATE OR ACP STATES CONCERNED .

ARTICLE 26

IN THE CONTEXT OF THE COMMON RULES PROVIDED FOR IN ARTICLE 22 AND THE GENERAL CONDITIONS OF PAYMENT ESTABLISHED BY AGREEMENT BETWEEN THE COMMISSION AND THE ACP STATES , THE TECHNICAL COOPERATION CONTRACTS SHALL BE PREPARED , NEGOTIATED AND CONCLUDED BY THE APPROPRIATE AUTHORITIES OF THE ACP STATES , IN PARTICIPATION AND AGREEMENT WITH THE DELEGATE OF THE EUROPEAN COMMISSION REFERRED TO IN ARTICLE 31 ( HEREINAFTER CALLED " THE DELEGATE " ) .

ARTICLE 27

THE COMMISSION SHALL , AS FAR AS POSSIBLE , ENCOURAGE COOPERATION BETWEEN CONSULTANTS AND EXPERTS OF MEMBER STATES AND ACP STATES , TEMPORARY PARTNERSHIPS , SUBCONTRACTING AND THE USE OF NATIONAL EXPERTS IN TEAMS OF CONSULTANTS FROM MEMBER STATES .

JOINT DECLARATION ON ARTICLE 26 OF PROTOCOL 2

( A ) UNTIL THE IMPLEMENTATION OF THE DECISION PROVIDED FOR IN ARTICLE 22 OF PROTOCOL 2 , THE EXECUTION OF TECHNICAL AND FINANCIAL COOPERATION CONTRACTS FINANCED BY THE FUND IS COVERED :

_ FOR THE ACP STATES PARTY TO THE CONVENTION SIGNED AT YAOUNDE ON 29 JULY 1969 , BY THE GENERAL CLAUSES CURRENTLY USED IN THE CONTRACTS FINANCED BY THE FUND ,

_ FOR THE OTHER ACP STATES , BY THE GENERAL CLAUSES CURRENTLY USED IN THE CONTRACTS FINANCED BY THE FUND , OR , IF NOT AGREED , BY THEIR NATIONAL LEGISLATION OR ESTABLISHED PRACTICES REGARDING INTERNATIONAL CONTRACTS .

( B ) THE COMMUNITY AND THE ACP STATES ARE AGREED THAT THE COMMISSION SHALL ESTABLISH AND SUBMIT FOR THE AGREEMENT OF THE ACP STATES , AS SOON AS POSSIBLE AFTER THE ENTRY INTO FORCE OF THE CONVENTION , THE GENERAL CONDITIONS OF PAYMENT APPLICABLE TO THE CONTRACTS .