Proposal for a Council Decision on a framework procedure for implementing Article 366a of the Fourth Lomé Convention

(96/C 119/06)

COM(96) 69 final - 96/050(AVC)

(Submitted by the Commission on 26 February 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 238 thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament,

Whereas Community development cooperation policy contributes, in accordance with Article 130u of the Treaty establishing the European Community, to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms;

Whereas Article 5 of the Agreement signed in Mauritius on 4 November 1995 amending the Fourth ACP-EC Convention signed in Lomé on 15 December 1989 (hereinafter referred to as 'the Convention`) stipulates that respect for human rights, democratic principles and the rule of law are essential elements of the Convention;

Whereas pursuant to Article 366a of the Convention the Party which considers that another Party has failed to fulfil an obligation in respect of one of the essential elements referred to in Article 5 may invite the other Party to hold consultations and, in certain circumstances, take appropriate steps, including, where necessary, the partial or full suspension of application of the Convention to the Party concerned;

Whereas an effective procedure should be adopted when it is intended to take appropriate measures;

Whereas pursuant to Article 366a of the Convention the term 'Party` means the Community and the EU Member States, of the one part, and each ACP State, of the other part;

Whereas in fields covered by the Convention and falling within their jurisdiction, Member States may adopt in parallel a decision authorizing the Council, if need be, also to cover these fields in adopting decisions pursuant to Articles 1 and 2 of this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

Where, at the initiative of the Commission or a Member State, the Council considers that an ACP State has failed to fulfil an obligation concerning one of the essential elements referred to in Article 5 of the Lomé Convention, the ACP State concerned shall be invited, except in cases of special urgency, to hold consultations in accordance with Article 366a (1) of the Convention. The Council shall act by a qualified majority.

Article 2

If, on expiry of the deadline set in Article 366a for the consultations and despite all efforts, no solution has been found - either immediately in a case of urgency or refusal to hold consultations - the Council may, pursuant to that same Article, decide, on a proposal from the Commission, to take appropriate steps acting by a qualified majority.

The Council's Decision shall enter into force on the day of its publication. The Decision and any amendment thereto shall be communicated forthwith to the European Parliament.

The President of the Council shall notify the measures thus adopted to the ACP State concerned before they enter into force. Where these measures are adopted immediately, notification thereof shall be addressed to the ACP State at the same time as an invitation to hold consultations.

Article 3

This Decision shall take effect on the day following that of its adoption.