COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 416 final 
Brussels, 07.10.1994 
k 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 
AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE 
MEMBER STATES. MEETING WITHIN THE COUNCIL 
concerning the opening of negotiations with the 
African, Caribbean and Pacific countries on the amendment 
of the fourth ACP-EEC Convention, signed in Lomé 
on 15 December 1989, lo take account of the accession of 
the Kingdom of Norway, the Republic of Austria, 
the Republic of Finland and the Kingdom of Sweden 
to the European Union 
1. Articles 59, 76, 102 and 128 of the Act of Accession stipulate that from 1 January 
1995 the four new Member States shall implement the provisions of the 
agreements referred to in Articles 60, 77, 103 and 129. They also lay down that 
any changes shall be subject to protocols concluded with the contracting countries 
and annexed to the said agreements. 
2. Articles 60, 77, 103 and 129 of the Act of Accession include the fourth ACP-EEC 
Convention, signed on 15 December 1989, among the agreements to which 
Articles 59, 76, 102 and 128 apply. 
3. With the exception of Austrian customs duties and licensing arrangements for a 
number of spirituous beverages (Article 72), there are no provisions in the Act of 
Accession which, under Article 171 of the fourth ACP-EEC Convention, require 
transitional measures to enable the new Member States to apply the fourth Lomé 
Convention. 
4. However, Article 358 of the fourth Convention does make implementation by 
ACP countries and the new Member States subject to the entry into force of the 
protocol of accession to the Convention. 
5. It is therefore necessary that the fourth ACP-EEC Convention, signed in Lomé on 
15 December 1989 by the Community and its Member States of the one part and 
the African,-Caribbean and Pacific (ACP) States of the other part, be amended to 
take account of the accession of the Kingdom of Norway, the Republic of Austria, 
the Republic of Finland and the Kingdom of Sweden to the European Union and 
to this end that negotiations begin with the ACP States on the conclusion of a 
protocol of accession to the Convention, in accordance with Article 358 thereof. 
Consequently, the Commission requests authorization to begin negotiations with 
the African, Caribbean and Pacific (ACP) States on the conclusion of a protocol 
amending the said ACP-EEC Convention, to take account of the accession of the 
above countries. 
The Commission will conduct such negotiations in accordance with the directives 
set out in the Annex, in consultation with the Member State representatives. 
During the interim period, the representatives of Norway, Austria, Finland and 
Sweden will participate in the negotiations as observers alongside the 
representatives of the current Member States. 
6. In accordance with paragraph 1 of the rules of procedure concerning the 
information and consultation procedure for the adoption of certain decisions and 
other measures which must be adopted during the period prior to accession, the 
Commission has consulted the representatives of the applicant States in order to 
obtain the necessary information to assess the effects of this proposal. 
7. The Council is therefore asked to adopt these proposals promptly so that 
negotiations with the ACP States can be completed by the end of the year. 
x 
ANNEX 
TRANSITIONAL MEASURES AND TECHNICAL ADJUSTMENTS 
DIRECTIVES APPLICABLE TO THE AFRICAN, CARIBBEAN AND PACIFIC 
COUNTRIES (HEREINAFTER REFERRED TO AS THE ACP STATES) 
All the provisions of the fourth ACP-EEC Convention, signed in Lomé on 15 
December 198^; including the annexes and protocols thereto, shall be applicable 
from the time of accession to relations between Norway, Austria, Finland and 
Sweden of the one part and the ACP States of the other part. 
The transitional measures and technical adjustments set out below shall be the 
subject of a protocol with the ACP States, attached to the Lomé Convention. 
From the time of accession, the ACP States shall be asked to apply all the 
provisions laid down in the Lomé Convention to Norway, Austria, Finland and 
Sweden without transitional measures. 
In accordance with Article 171 of the fourth ACP-EEC Convention, Norway, 
Austria, Finland and Sweden shall not, as a result of the transitional measures and 
technical adjustments applicable to the ACP States, grant these countries more 
favourable treatment than that accorded the Community as it is currently 
constituted, 
Norway, Austria, Finland and Sweden shall not, as a result of the transitional 
measures applicable to ACP States, grant these countries less favourable treatment 
than that accorded other non-preferential countries outside the Community. 
Until 1 January 1996, Austria may, in respect of ACP States, maintain the 
customs duties and licensing arrangements in force at the time of its accession for 
spirituous beverages and undenatured ethyl alcohol of an alcoholic strength by 
volume of less than 80% vol listed under HS code 2208. Any licensing 
arrangements of this type shall be enforced without discrimination. 
The following shall be added to the third sub-paragraph of Article 13(3) of 
Protocol V of the Lomé Convention: 
Annettu jalkikateen/Utfàrdat i efterhand 
tltstedt r etterhand 
Utiardat i efterhand 
The following shall be added to the third paragraph of Article 14 of Protocol 1 
of the Lomé Convention: 
ISSN 0254-1475 
COM (94) 416 final 
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Catalogue number : CB-CO-94-438-EN-C 
ISBN 92-77-80857-8 
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