Draft INTERNAL AGREEMENT between Representatives of the Governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation 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 INTERNAL AGREEMENT between Representatives of the Governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation 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, hereinafter referred to as "the Treaty",

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) The representatives of the Community will have to adopt common positions in the Council of Ministers provided for by the ACP-EC Agreement, hereinafter referred to as "the ACP-EC Council of Ministers"; whereas, moreover, implementation of the decisions, recommendations and opinions of this Council may require, as the case may be, action by the Community, joint action by the Member States or action by a Member State.

(2) Therefore, it is necessary for the Member States to specify the conditions for determining, in the fields for which they are competent, the common positions to be adopted by the representatives of the Community within the Council of ACP-EEC Ministers; whereas, in the same fields, it will also be for them to take the measures implementing such decisions, recommendations and opinions of that Council as may require joint action by the Member States or action by a Member State.

(3) For matters covered by the ACP-EC Agreement that fall within their competence the Member States will have to authorise the Council to take appropriate decisions under Articles 96 and 97 of the ACP-EC Agreement.

(4) Provision should, likewise, be made for the Member States to communicate to one another and to the Commission any treaty, convention, agreement or arrangement and any part of a treaty, convention, agreement or arrangement which concerns matters dealt with in the ACP-EC Agreement and which has been, or will be, concluded between one or more Member States and one or more ACP States.

(5) Procedures should also be laid down whereby Member States may settle any disputes which may arise between them with regard to the ACP-EC Agreement,

HAVE AGREED AS FOLLOWS:

Article 1

The common position to be taken by the representatives of the Community in the ACP-EC Council of Ministers and the Committee of Ambassadors when they consider matters for which the Member States are competent shall be adopted by the Council, acting unanimously on a proposal from the Commission.

Article 2

Decisions and recommendations adopted by the ACP-EC Council of Ministers or the Committee of Ambassadors in the fields for which the Member States are competent shall be implemented by acts adopted by the latter.

Article 3

The position of the Member States for 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 pursuant to Article 3 of Decision.....on the conclusion of the ACP-EC Agreement.

If the planned measures concern matters falling within the competence of the Member States, the Council may also act on the initiative of a Member State.

Article 4

Any treaty, convention, agreement or arrangement, or any part of a treaty, convention, agreement or arrangement, of whatever form or nature, which has been, or will be, concluded between one or more Member States and one or more ACP States and which concerns matters dealt with in the ACP-EC Agreement, shall be communicated at the earliest opportunity by the Member State or States concerned to the other Member States and to the Commission.At the request of a Member State or of the Commission, any texts so communicated shall be discussed by the Council.

Article 5

Should a Member State consider it necessary to invoke Article 98 of the ACP-EC Agreement in matters for which the Member States are competent, it shall first consult the other Member States and the Commission.

If the ACP-EC Council of Ministers has to reach a decision on the action by the Member State referred to in the first paragraph, the position put forward by the Community shall be that of the Member State concerned, unless the representatives of the Governments of the Member States, meeting within the Council, decide otherwise.

Article 6

Disputes arising between Member States concerning the ACP-EC Agreement, the annexes and protocols attached thereto or the Internal Agreements concluded for implementation of the Convention shall, at the request of the earliest petitioner, be submitted to the Court of Justice of the European Communities in the manner laid down in the Treaty and in the Protocol on the Statute of the Court of Justice annexed to the Treaty.

Article 7

The Council may at any time amend this Agreement, acting unanimously on a proposal from the Commission.

Article 8

This Agreement shall be approved by each Member State in accordance with its own constitutional requirements. The government of each Member State shall notify the General Secretariat of the Council of the completion of the procedures required for the entry into force of the Agreement.

Provided that the provisions of the first paragraph have been complied with, this Agreement shall enter into force at the same time as the ACP-EC Agreement. [1] It shall remain in force for the duration of that Agreement.

[1] The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.

Article 9

This Agreement, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, all eleven texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council, which shall transmit a certified copy to each of the governments of the Signatory States.

Done at Brussels, [......]

For the Council

The President