Draft DECISION between representatives of the Governments of the Member States, meeting within the Council, on the provisional application of the Internal Agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement to cover the period between 1 August 2000 and the entry into force of the ACP-EC Partnership Agreement

(presented by the Commission)

EXPLANATORY MEMORANDUM

The negotiations on the new ACP-EC Partnership Agreement were concluded at the Ministerial Conference of 2 and 3 February.

The proposal for the signing and conclusion of the Agreement has recently been adopted by the Commission (COM(2000)324).

In accordance with the transitional measures adopted by the ACP-EC Committee of Ambassadors on 28 February 2000 and with Article 366(3) of the revised fourth Lomé Convention, the ACP-EC Council of Ministers must decide at its first meeting after the signing of the new ACP-EC Partnership Agreement on the transitional measures to be applied between 1 August 2000 and the entry into force of the new Agreement.

The adoption of such transitional measures will lead to the early implementation of almost all the provisions of the new Agreement, except the provisions on the implementation of the 9th EDF.

The Community and its Member States will have to take the necessary measures to apply the Partnership Agreement.

To this end the Member States meeting within the Council will adopt an Internal Agreement to lay down the measures to be taken and the procedures to be followed in areas falling within their competence for the implementation of the ACP-EC Partnership Agreement. The Internal Agreement will enter into force after ratification by the respective national parliaments.

Furthermore, in view of the early implementation of almost all the provisions of the ACP-EC Partnership Agreement, the Commission believes that the Internal Agreement will also have to be applied in advance, starting on 1 August 2000.

The Commission proposes to the representatives of the Governments of the Member States to conclude the attached Internal Agreement and to adopt the attached Decision on its early application.

Draft DECISION between representatives of the Governments of the Member States, meeting within the Council on the provisional application of the Internal Agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement to cover the period between 1 August 2000 and the entry into force of the ACP-EC Partnership Agreement

REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY, MEETING WITHIN THE COUNCIL,

Having regard to the Treaty establishing the European Community,

Having regard to the ACP-EC Partnership Agreement signed in ... on ....., hereinafter referred to as "the ACP-EC Agreement",

Having regard to the draft from the Commission,

Whereas:

(1) In accordance with Article 366(3) of the fourth ACP-EC Convention, the ACP-EC Council of Ministers will adopt a decision on the transitional measures applicable between 1 August 2000 and the entry into force of the ACP-EC Agreement.

(2) The adoption of these transitional measures will entail the early implementation of almost all the provisions of the ACP-EC Agreement, except the provisions on the implementation of the 9th EDF.

(3) The Member States meeting within the Council have adopted an Internal Agreement on the measures to be taken and the procedures to be followed for the implementation of the ACP-EC Agreement. This Internal Agreement cannot enter into force until it is adopted by the national parliaments of the Member States.

(4) In accordance with Article 3 of the transitional measures applicable between 1 August 2000 and the entry into force of the ACP-EC Agreement, the Member States and the Community shall be required to take the necessary measures for their application, each acting on their own behalf.

(5) Therefore, in order to establish the procedures to be followed by the Member States during the period of early implementation of the ACP-EC Agreement, provision should be made for the provisional application of this Internal Agreement.

HAVE DECIDED AS FOLLOWS:

Article 1

The provisions of the Internal Agreement concerning measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement shall be applied provisionally from 1 August 2000 until the entry into force of the ACP-EC Agreement.

During the period of early implementation of the ACP-EC Agreement the position of the Member States regarding the implementation of Articles 96 and 97 of the ACP-EC Agreement shall, when this position concerns matters within their competence, be adopted by the Council, acting by a qualified majority on a proposal from the Commission. The Council shall act unanimously in cases of complete suspension of application of the ACP-EC Agreement in respect of the ACP State concerned.

Article 2

This Decision shall enter into force at the same time as the transitional measures for the early implementation of the ACP-EC Agreement.

It shall remain in force until the entry into force of the Internal Agreement concerning measures to be taken and procedures to be followed for the implementation of the ACP-EC Agreement

It shall be published in the Official Journal of the European Communities.

Done at Brussels,

For the Council

The President