91/402/EEC: Internal Agreement on the measures and procedures required for implementation of the Fourth ACP-EEC Convention
Date: 1990-07-16
Institutions: Representatives of the Governments of the Member States
Subjects: administrative procedure, agreement (EU), consolidation of EU law, fourth Lomé Convention













EUR-Lex - 41991A0402 - EN






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41991A0402

91/402/EEC: Internal Agreement on the measures and procedures required for implementation of the Fourth ACP-EEC Convention  


Official Journal L 229 , 17/08/1991 P. 0301 - 0305 Finnish special edition: Chapter 11 Volume 17 P. 0354  Swedish special edition: Chapter 11 Volume 17 P. 0354  





INTERNAL AGREEMENT on the measures and  procedures required for implementation of the fourth ACP-EEC Convention (91/402/EEC) THE  REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, MEETING  IN THE COUNCIL,  Having regard to the Treaty establishing the European Economic Community (hereinafter called 'the  Treaty`) and the Fourth ACP-EEC Convention signed at Lomé on 15 December 1989, (hereinafter called  'the Convention`),  Whereas the representatives of the Community will have to adopt common positions in the Council of  Ministers provided for by the Convention (hereinafter called 'the Council of ACP-EEC 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;  Whereas, 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;  Whereas 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 Convention and which  has been, or will be, concluded between one or more Member States and one or more ACP States;  Whereas procedures should also be laid down whereby Member States may settle any disputes which  may arise between them with regard to the Convention;  After consulting the Commission,  HAVE AGREED AS FOLLOWS:  Article 1 1.    The common position to be supported by the representatives of the Community in  the Council of ACP-EEC Ministers when the latter considers matters for which the Member States are  competent shall be adopted by the Council, acting unanimously after consulting the Commission.  2.    Where, pursuant to Article 345 of the Convention, the Council of ACP-EEC Ministers envisages  delegating to the Committee of Ambassadors provided for by the Convention the power to take  decisions or put forward recommendations or opinions in the fields for which the Member States are  competent, the common position shall be adopted by the Council, acting unanimously after consulting  the Commission.  3.    Common positions which the representatives of the Community support in the Committee of  Ambassadors shall be adopted in the same manner as those laid down in paragraph 1.   Article 2 1.    Decisions and recommendations adopted by the Council of ACP-EEC Ministers in the  fields for which the Member States are competent shall be implemented by acts adopted by the  latter.  2.    Paragraph 1 shall also apply in respect of decisions and recommendations adopted by the  Committee of Ambassadors pursuant to Article 346 of the Convention.  Article 3 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  Convention, 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 4 1.    Any Member States having concluded with any ACP State a treaty, convention,  agreement or arrangement or part of a treaty, convention, agreement or arrangement concerning  investment promotion and protection, whether or not before entry into force of this Agreement,  shall communicate the text at the earliest opportunity to the General Secretariat of the Council,  which shall inform the other Member States and the Commission.  2.    Any Member State contemplating concluding with an ACP State a treaty, convention, agreement  or arrangement or part of a treaty, convention, agreement or arrangement concerning investment  promotion and protection may communicate its intention to the other Member States and the  Commission through the General Secretariat of the Council.  3.    At the request of any interested Member State, exchanges of views may take place within the  Council on the basis of the communications referred to in paragraphs 1 and 2. A Member State which  has started negotiations that have been the subject of such exchanges of views shall communicate to  the other Member States and the Commission through the General Secretariat of the Council any  further information of use to them. At the conclusion of the negotiations it shall communicate to  them in the same manner the initialled text of the agreement reached as a result of the  negotiations.  Article 5 Should a Member State consider it necessary to invoke Article 352 of the Convention in  matters for which the Member States are competent, it shall first consult the other Member States.  If the Council of ACP-EEC 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  in the Council, decide otherwise.  Article 6 Disputes arising between Member States concerning the Convention, the Protocols  attached thereto or the Internal Agreements signed 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 representatives of the Governments of the Member States, meeting in the Council,  may at any time, after consulting the Commission, amend or supplement this Agreement.  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 Convention  (1). It shall remain in force for the duration  of that Convention.  Article 9 This Agreement, drawn up in a single original in the Danish, Dutch, English, French,  German, Greek, Italian, Portuguese and Spanish languages, all nine 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.  Hecho en Bruselas, el dieciséis de julio de mil novecientos noventa. Udfaerdiget i Bruxelles, den sekstende juli nitten hundrede og halvfems.  Geschehen zu Bruessel am sechzehnten Juli neunzehnhundertneunzig.  ¸ãéíaa óôçò ÂñõîÝëëaaò, óôéò aeÝêá Ýîé Éïõëssïõ ÷ssëéá aaííéáêueóéá aaíaaíÞíôá.  Done at Brussels on the sixteenth day of July in the year one thousand nine hundred and ninety.  Fait à Bruxelles, le seize juillet mil neuf cent quatre-vingt-dix.  Fatto a Bruxelles, addì sedici luglio millenovecentonovanta.  Gedaan te Brussel, de zestiende juli negentienhonderd negentig.  Feito em Bruxelas, em dezasseis de Julho de mil novecentos e noventa. Pour Sa Majesté le roi des Belges Voor Zijne Majesteit de Koning der Belgen>REFERENCE TO A FILM> For Hendes Majestaet Danmarks Dronning>REFERENCE TO A FILM>Fuer den Praesidenten der  Bundesrepublik Deutschland  >REFERENCE TO A FILM>Ãéá ôïí Ðñueaaaeñï ôçò AAëëçíéêÞò AEçìïêñáôssáò> REFERENCE TO A FILM>Por Su Majestad el Rey de España>REFERENCE TO A FILM>Pour le président de la  République française>REFERENCE TO A FILM>For the President of Ireland>REFERENCE TO A FILM>Per  il Presidente della Repubblica italiana  >REFERENCE TO A FILM>Pour Son Altesse Royale le  grand-duc de Luxembourg>REFERENCE TO A FILM>Voor Hare Majesteit de Koningin der Nederlanden> REFERENCE TO A FILM>Pelo Presidente da República Portuguesa>REFERENCE TO A FILM>For Her Majesty  the Queen of the United Kingdom of Great Britain and Northern Ireland>REFERENCE TO A FILM>  (1)  The date of entry into force of the accord will be published in the Official Journal  of the European Communities by the General Secretariat of the Council.