EN Official Journal of the European Union L 95/54

DECISION No 2/2005 OF THE ACP-EC COMMITTEE OF AMBASSADORS

of 8 March 2005

concerning the adoption of the Rules of Procedure of the ACP-EC Customs Cooperation Committee

(2005/300/EC)

THE ACP-EC COMMITTEE OF AMBASSADORS,

Having regard to Decision No 2/1995 of the ACP-EC Council of Ministers on 8 June 1995 on the membership and rules of operation of the ACP-EC Customs Cooperation Committee,

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (1), hereinafter referred to as ‘the Partnership Agreement’ and in particular Article 37 of Protocol 1 of Annex V thereto,

Having regard to the Rules of Procedure of the ACP-EC Committee of Ambassadors and in particular Article 15 thereof, referring to the establishment of the Rules of Procedure of committees, subcommittees and working parties that assist the Committee of Ambassadors,

Desirous of ensuring the fulfilment of the objectives set by the ACP States and the European Community in Title II of part Three of the Partnership Agreement,

Considering that effective customs cooperation between the ACP States and the European Community can contribute to the development of trade between the ACP States and the European Community,

Considering that the Committee’s terms of reference are established by Articles 37 and 38 of Protocol 1 of Annex V of the Partnership Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

1. The Customs Cooperation Committee set up by Article 37 of Protocol 1 of Annex V of the Partnership Agreement, hereinafter referred to as ‘the Committee’, shall be composed on the one hand of experts from the Member States of the European Community and of Commission officials responsible for customs questions, and on the other hand of experts representing the ACP States and of officials of regional groupings of the ACP States who are responsible for customs questions. The Committee may call upon appropriate expertise where necessary.

2. Each Party shall notify the names of its representatives and of its co-chairman to the Secretariat of the ACP-EC Council of Ministers.

Article 2

The Committee’s duties defined at Articles 37(1) to (6) and 38(8) to (10) of Protocol 1 of Annex V to the Partnership Agreement shall be as follows:

(a) carrying out administrative cooperation with a view to the correct and uniform application of Protocol 1 of the Partnership Agreement and carrying out any other task in the customs field which may be entrusted to it;

(b) examining regularly the effect on the ACP States of the application of the rules of origin and recommending appropriate measures to the ACP-EC Council of Ministers;

(c) taking decisions on derogations from the rules of origin, under the conditions laid down in Article 38(9) and (10) of the Protocol 1 of Annex V to the Partnership Agreement;

(d) preparing the decisions of the ACP-EC Council of Ministers pursuant to Article 40 of Protocol 1 of Annex V to the Partnership Agreement.

Article 3

1. The Committee shall meet at least twice a year on dates to be mutually appointed by the ACP Group and the European Community, as a rule at least eight days before the meeting of the ACP-EC Committee of Ambassadors; extraordinary meetings may be convened when necessary.

2. The Committee may, if necessary, set up ad hoc working parties to examine specific issues.

3. Meetings of the Committee shall be convened by its Chairman. Its proceedings shall be confidential unless decided otherwise.

Article 4

The Chairmanship of the Committee shall be held alternately for six-month periods by the ACP Group and the European Community:

— from 1 April to 30 September by the ACP co-chairman,

— from 1 October to 31 March by the European Community co-chairman.

Article 5

1. A provisional agenda for each meeting shall be drawn up by the Chairman in consultation with the co-chairman and shall be adopted by the Committee at the start of each meeting.

2. Secretarial tasks and the other work required for the functioning of the Committee shall be carried out by the Secretariat of the ACP-EC Council of Ministers.

3. The Secretariat shall send out the notices convening the meeting, the agenda, the draft measures and any other working papers to the members of the Committee at least two weeks before the meeting.

4. After each meeting, the Secretariat shall produce a summary record for adoption at the next meeting of the Committee.

Article 6

The Committee’s deliberations may be considered valid only if a majority of the representatives appointed by the ACP Group and one representative of the Commission are present.

Article 7

1. The Committee’s decisions shall be adopted by agreement between, on the one hand, the ACP States, and, on the other hand, the European Community.

2. Where the Committee is unable to adopt a decision, it shall refer the matter to the ACP-EC Committee of Ambassadors.

3. In exceptional circumstances, the co-chairmen may decide to adopt decisions by written procedure, in particular as regards decisions adopted pursuant to Article 38 of Protocol 1 of Annex V to the Partnership Agreement.

Article 8

The Committee may, if it deems it advisable, arrange for experts to attend where the matters under discussion require specific expertise.

Notwithstanding the provisions of Article 1, any ACP State which is not a member of the Committee may attend as an observer, except where the Committee decides to meet in restricted session.

Article 9

The Committee shall submit its reports to the ACP-EC Committee of Ambassadors.

Article 10

The ACP States, on the one hand, and the Member States and the European Community, on the other hand, shall be bound, each as regards the matters that concern it, to take the necessary measures for the implementation of this Decision.

Article 11

This Decision shall come into effect on signature. It annuls and replaces Decision No 2/1995 of the ACP-EC Council of Ministers of 8 June 1995 on the membership and rules of operation of the ACP-EC Customs Cooperation Committee.

Done at Brussels, 8 March 2005. For the ACP-EC Committee of Ambassadors The Chairman M. SCHOMMER

(1) OJ L 317, 15.12.2000, p. 1.