PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE APPLICATION OF DECISION OF THE ACP-EEC COUNCIL OF MINISTERS EXTENDING DECISION NO 2/90 ON TRANSITIONAL MEASURES TO BE APPLIED FROM 1 MARCH 1990
Date: 1991-05-24
Institutions: European Commission
Subjects: EC Decision, fourth Lomé Convention, import policy

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(91)190  final 

Brussels,24  May  1991 

Draft 

DECISION OF THE ACP-EEC COUNCIL OF MINISTERS 

extending  Decision  No 2/90 of  the 
ACP-EEC Council  of Ministers on  transitional  measures 
to be applied  from  1 March  1990 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

on  the application of  Decision  No  .../91  of  the  ACP-EEC 
Council  of Ministers extending  Decision  No  2/90 
on  transitional  measures  to be applied  from  1 March  1990 

(presented  by the  Commission) 

- z-

EXPLANATORY  MEMORANDUM 

On  5 March  1990, acting on  a proposal  from  thô Commission,  the council  adopted 
a number  of  transitional  measures  applicable  to ACP-EEC  coopérât Ion and  to the 
OCT-EEC  association  during  the  period  between  the  date  of  expiry  of  tome  III 
and  the entry  Into  force of  Lomé  IV, but until  28 February  1991  at  the  latest. 
On  the 27 February  1991, the Council  extended.these measures until  the 30th 
June  1991.  Given  that  the procedures  foreseen  in article  360 of  LoméIV 
for  the entry  Into force of  the Lomé Convention had  not  so  far  been 
achieved,  and  In respect  of  the continuity of  ACP-EEC  cooperation,  It Is 
necessary  to extend  the transitory measures until  the  30.9.1991. 

Given  the state of  progress of discussion a t t he  Council  and  at  the 
Parliament  level on  the draft  decision presented  by  the Commission 
concerning  the association  of  the OCT  to the Commun!ty,  the extension of 
the transitory measures concerning  the OCT  is not  necessary. 

As a result,  the measures  that  need  to be extended  are  the  following: 

Decision  of  the  ACP-EEC  Council  of  Ministers  extending  Decision  No  2/90 
of  the  ACP-EEC  Council  of  Ministers  on  transitional  measures  to  be 
applied  from  1 March  1990; 

Regulation  on  the  application  of  the  Decision  of  the  ACP-EEC  Council  of 
Ministers  extending  Decision  No 2/90  on  transitional  measures  to  be 
applied  from  1 March  1990; 

- 3-

Draft 

DECISION No  .../91 
OF THE ACP-EEC  COUNCIL OF  MINISTERS 
of  ... February  1991 

extending  Decision No 2/90 of  the 
ACP-EEC Council  of Ministers on  transitional  measures 
to be applled  from  1 March  1990 

THE ACP-EEC COMMITTEE  OF  AMBASSADORS, 

Having  regard  to  the  Third  ACP-EEC  Convention  signed  at  Lomé  on 
8  December  1984 and  In particular  the third paragraph  of  Article  291  thereof, 

Having  regard  to  Decision  No  1/90  of  the  ACP-EEC  Council  of  Ministers  of 
22 February  1990  delegating  powers  to the ACP-EEC  Committee  of  Ambassadors  in 
connection with  the adoption of  transitional  measures  upon  expiry  of  the Third 
ACP-EEC  Convention, 

Whereas  the Fourth  ACP-EEC Convention, signed  at Lomé on  15 December  1989, has 
not  yet  entered  Into force; 

Whereas  Decision  Ko 2/90  of  the  ACP-EEC  Council  of  27 Februery  1990  Is valid 
only  until  28 February  1991, and  that  its extension  accorded by decision n'1/91 
of  the ACP/EEC  Council  of  the 27 February  1991 will  expire on  the 30th  June 1991 

Whereas,  in  consequence,  in  order  to  avoid  an  interruption  of  relations 
between  the  ACP  States  and  the  Community  It  Is  appropriate  to  extend  that 
Decision, 

HAS DECIDED AS  FOLLOWS: 

Article  1 

Decision  No  2/90  of  the ACP-EEC  Council  of Ministers  on  transitional  measures 
to be  applied  from  1 March  1990  Is extended  until  the  entry  into  force of  the 
Fourth  ACP-EEC Convention and  at  the  latest until  30 September  1991 

This Decision  shall  enter  Into force on  1 July  1991 

Article 2 

- 4-

Proposal  for a 

COUNCIL REGULATION  (EEC) No  ...791 

Of 

1991 

on  the application of  Decision No  .../91  of  the ACP-EEC 
Council  of Ministers extending  Decision  No 2/90  ,v 
on  transitional  measures  to be applied  from  1 March  1990 

THE COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community,  and 
In particular  Articles  113 and 235  thereofi 

Having  regard  to the proposal  from  the Commission, 

Having  regard  to  the opinion of  the European Par I lament,1 

Whereas  the Third  ACP-EEC Convent ion signed  at Lomé on 8 December  1984 expired 
on  28 February  1990; 

Whereas  the  Fourth  ACP-EEC  Convention  signed  at  Lomé  on  15 December  1989  has 
not  yet entered  Into force; 

Whereas  Decision  No  2/90  of  the  ACP-EEC  CounciI  of  Ministers  Is  valid  only 
until  28 February  1991 and  that  its extension accorded  by decision n*  1/91 
of  the ACP/EEC counciI  of  the 27 February  1991 wi11  expire on  the 3Utn June  1991. 
Whereas  Decision  No  .../91  of  the  ACP-EEC  Council  of  Ministers  extended  that 
validity  until  the  entry  into  force  of, the  Fourth  ACP-EEC  Convention  or 
30 June  1991/whichever  is the earlier; 

Whereas  It  Is necessary  to take  the measures  to  implement  that  Decision, 

HAS ADOPTED THIS REGULATION' 

Article  1 

Decision  No  .../91  of  the ACP-EEC  CounciI  of Ministers  shali be  applicable  in 
the  Community  from  1 March  1991  until  the  entry  into  force  of  the  Fourth 
ACP-EEC  Convention  or  until  30.09.  1991,  whichever  is  the  earlier,  without 
prejudice  to  more  favourable  arrangements  for  Imports  of  ACP  products  to  be 
adopted  uni lateral I y by  the  Community. 

The  text of  that  Decision  Is attached  to this Regulation. 

- 5N 

Article  Z 

This  Regulation  shall  enter  into  force  on  the  day  of  Its  publication  in  the 
Official  Journal  of  the European  Communities. 

It shall  apply  from  1 July  1991  . 

This  Regulation  shall  be  binding  in  its entirety  and  directly  applicable  In 
all Member  States. 

Done at Brussels,  ...  1991 

1 

Opinion  delivered  on 
Official  Journal). 

June 

1991  (not  yet  published  in  the 

ISSN 0254-1475 

C0M(91) 190  final 

DOCUMENTS 

J&H 

11 

Catalogue number : CB-CO-91-226-EN-C 

ISBN 92-77-72685-7 

Office for Official Publications of the European Communities 
L-2985 Luxembourg