RULES OF PROCEDURE OF THE COMMITTEE OF AMBASSADORS (97/538/EC)

Article 1

The Committee of Ambassadors, hereinafter called the 'Committee` shall meet on a date to be fixed by it by mutual agreement between the ACP States and the Community.

The Committee may, in urgent cases, meet on another date at the request either of the ACP States or of the Community. The chairman shall decide on the new date after consulting the other members of the Committee.

Article 2

The Committee shall meet at the places where the meetings of the Council of the European Union are usually held or at the seat of the General Secretariat of the ACP Group of States. However, it may, by special decision, meet in a city of an ACP State.

Article 3

1. The provisional agenda for each meeting shall be drawn up by the chairman. It shall be communicated to the other members of the Committee at least eight days before the date of the meeting.

The provisional agenda shall consist of those items in respect of which a request for inclusion has reached the chairman 10 days before the date of the meeting.

The only items to appear on the provisional agenda shall be those in respect of which relevant documentation has been transmitted to the Secretariat of the Council of Ministers, hereafter referred to as the 'Council` in time to be forwarded to the members of the Committee at least eight days before the date of the meeting.

2. The agenda shall be adopted by the Committee at the beginning of each meeting. In urgent cases, the Committee may decide, at the request of the ACP States or of the Community, to include on the agenda items in respect of which the time limits laid down in paragraph 1 have not been observed.

3. When the Committee meets in the circumstances referred to in the second paragraph of Article 1, the time limits laid down in paragraph 1 of this Article may be shortened.

Article 4

1. The members of the Committee may be accompanied by advisers.

Any member of the Committee unable to attend may be represented by persons appointed by them. The representative shall exercise all the rights of the member who is unable to attend.

2. A representative of the European Investment Bank hereafter referred to as the 'Bank` shall attend meetings of the Committee when matters from the areas which concern the Bank are on the agenda.

Article 5

1. Representatives of signatory States to the fourth ACP-EC Convention, hereafter referred to as the 'Convention`, which on the date of entry into force of the Convention have not yet completed the procedures referred to in Article 359 thereof, may participate in Committee meetings.

2. They may in this case be authorized to take part in Committee debates.

3. These Rules of Procedure, and in particular Article 4 (1), shall also apply to such representatives.

Article 6

1. Unless otherwise decided, meetings of the Committee shall not be public.

2. Without prejudice to such other provisions as may apply, the deliberations of the Committee shall be covered by the obligation of professional secrecy unless the Committee should decide otherwise.

Article 7

All communications provided for in these Rules of Procedure shall be transmitted through the Council Secretariat to the representatives of the ACP States, to the General Secretariat of the ACP Group of States, to the Permanent Representatives of the Member States, to the General Secretariat of the Council of the European Union and to the General Secretariat of the Commission.

Such communications shall also be sent to the President of the Bank when they concern the Bank.

Article 8

Minutes shall be kept of each meeting, mentioning in particular the decisions taken by the Committee.

After their approval by the Committee, the minutes shall be signed by the chairman of the Committee and by the Secretaries of the Council and shall be kept in the archives of the Council. A copy of the minutes shall be forwarded to the recipients referred to in Article 7.

Article 9

The office of chairman of the Committee shall be held alternately for periods of six months, by the ACP States and by the Community, under the conditions laid down in Article 347 (1) of the Convention.

Article 10

Correspondence intended for the Committee shall be sent to the chairman thereof at the seat of the Council Secretariat.

Article 11

1. Unless otherwise decided, the Committee shall base its deliberations on documentation prepared in Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish.

2. Any member of the Committee may object to the discussion of a text proposed during a meeting if that text is not made available in one of the languages referred to in paragraph 1 which he specifies.

Article 12

The proceedings of the Committee shall be valid only if at least half of the Permanent Representatives of the Member States of the Community, one Commission representative and half of the Members of the Committee of ACP Ambassadors are present.

Article 13

The Convention, and in particular Article 338 thereof, as well as Article 7 and 12 to 15 of the Rules of Procedure of the Council of Ministers, shall apply to acts adopted by the Committee.

Article 14

The Committee shall be assisted by the following subcommittees, in addition to the Commodities Committee provided for in Article 75 of the Convention, the Committee on Industrial Cooperation provided for in Article 87 of the Convention, the Development Finance Cooperation Committee provided for in Article 325, the Customs Cooperation Committee provided for in Article 30 of Protocol 1 to the Convention and the Permanent Joint Group on Bananas provided for in Protocol 5 to the Convention:

(i) Subcommittee for Cooperation on Agricultural and Rural Development;

(ii) Subcommittee on Trade Cooperation;

(iii) Subcommittee on the Stabilization of Export Earnings;

(iv) Subcommittee on Sugar;

(v) Subcommittee for the special problems of the least-developed, landlocked and island countries.

The Committee may, if necessary, set up other subcommittees.

Article 15

Each committee or subcommittee and the group referred to in Article 14 shall be composed of at least five ACP Ambassadors or their representatives and, as regards the Community, of at least one Permanent Representative of the Member States of the Community and/or a representative of the Commission.

A representative of the Bank shall be present at meetings of those committees or subcommittees and the group when matters which concern the Bank appear on the agenda.

Article 16

Without prejudice to Article 15, any member of the Committee or his representative may participate in any meetings of the committees or subcommittees and the group referred to in Article 14.

Article 17

1. Each committee or subcommittee and the group referred to in Article 14 shall be presided over jointly by an Ambassador, on the ACP side and, on the Community side, by a Permanent Representative. A Director-General or Deputy Director-General of the Commission may be chairman on the Community side when he is personally designated by the Community to represent it.

2. Without prejudice to paragraph 1, each co-chairman may, in exceptional circumstances and by mutual agreement, be represented by any person whom he may designate.

Article 18

Each committee or subcommittee and the group referred to in Article 14 shall meet at the request of either of the parties and after consultation between the chairmen following a period of notice which, except in urgent cases, shall be seven days.

Article 19

The committees or subcommittees and the group referred to in Article 14 shall submit reports on their work to the Committee.

Article 20

Members of the Committee or subcommittees and the group referred to in Article 14 may be assisted by experts.

Article 21

With the approval of the Committee, the Customs Cooperation Committee, the Committee on Industrial Cooperation, the Permanent Joint Group on Bananas and the Subcommittee for Cooperation on Agricultural and Rural Development may draw up their own rules of procedure.

Article 22

Secretarial and other work required for the functioning of the Committee and of the committees or subcommittees and the group referred to in Article 14 (preparation of agendas and circulation of documents relating thereto, etc.) shall be carried out by the Council Secretariat.

Article 23

The Secretariat shall, as soon as possible after each meeting of the committees or subcommittees and the group referred to in Article 14, draw up the record of the meeting.

This record shall be transmitted by the Council Secretariat to the representatives of the ACP States, the General Secretariat of the ACP Group of States, the Permanent Representatives of the Member States, the General Secretariat of the Council of the European Union and the General Secretariat of the Commission.

Done at Luxembourg, 24 April 1997.

For the ACP-EC Council of Ministers

The President

RABUKA