Proposal for a COUNCIL DECISION on a framework procedure for implementing Article 366a of the Fourth Lomé Convention
Date: 1996-02-21
Institutions: European Commission
Subjects: ACP countries, Council of the European Union, application of the law, fourth Lomé Convention, human rights

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  2l.02.1996 
COM(96) 69  final 

96/050 (AVC) 

Proposal  for a 

ÇQUN.W PEÇ^IQN 

on  a framework  procedure  for  implementing 
Article  366a  of  the  Fourth  Lomé Convention 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The  Community's  development  cooperation  policy  is  geared  to  furthering  the  goal  of 
developing  and  consolidating  democracy  and  the rule of law, and  respecting  human  rights 
and  fundamental  freedoms.  Upholding  human  rights,  democratic  principles  and  the  rule 
of  law  constitutes,  pursuant  to  Article  5  of  the  Agreement  signed  in  Mauritius  on 
4  November  1995,  one  of  the  essential  elements  of  the  Fourth  Lomé  Convention. 

Under  Article  366a  of  the  Convention,  a  Party  which  considers  that  there  has  been  a 
failure  to  fulfil  an  obligation  in  respect  of  one  of  the  essential  elements  referred  to  in 
Article  5 may  invite the other  Party  concerned  to hold  consultations  to assess the  situation 
in  detail  and,  where  appropriate,  remedy  it.  To  that  end,  Article  366a  provides  for  a 
special  procedure,  including  set  deadlines  for  those  consultations. 

On  expiry  of  the  deadlines,  if  in  spite  of  all  the  efforts  made  no  solution  has  been  found, 
or  immediately  in  the  event  of  urgency  or  refusal  to  hold  consultations,  the  Party  which 
invoked  failure  may  take  appropriate  steps  including,  where  necessary,  the  partial  or  full 
suspension  of  the  application  of  the  Convention  to  the  Party  concerned,  it  being 
understood  that  suspension  would  be  a  last  resort. 

Article  366a  also  provides  for  any  measure  to  be  notified 
in  advance  to  the  Party 
concerned  and  for  the  measure  to  be  revoked  as  soon  as  the  reasons  for  taking  it  no 
longer  exist. 

Within  the  meaning  of  Article  366a  of  the  Convention,  the  term  "Party  "  refers  to  the 
Community  and  the  Member  States  of  the  European  Union,  on  the  one  hand,  and  each 
ACP  State  on  the  other.  In  fields  covered  by  the  Convention  and  falling  within  their 
jurisdiction,  Member  States  may  adopt  in  parallel  a  decision  authorizing  the  Council,  if 
need  be,  also  to  cover  these  fields  when  adopting  decisions  pursuant  to  Articles  1 and  2 
of  this  Decision.  This  Decision  should  take  the  form  of  an  amendment  to  the  internal 
agreement  on  the  measures  to  be  taken  and  the  procedures  to  be  followed  for  the 
application  of the  Fourth  Lomé  Convention  adopted  in  1991  by  the  representatives  of  the 
Governments  of  the  Member  States  meeting  within  the  Council. 

A  draft  Decision  containing  this  amendment  is  forwarded  by  the  Commission  to  the 
Council  along  with  this  proposal. 

/ 

PROPOSAL  FOR  A  COUNCIL  DECISION 

on  (he  procedure  for  implementing 
Article  366a  of  the  Fourth  Lomé  Convention 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  238  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Having  regard  to  the  assent  of  the  European  Parliament, 

Whereas  Community  development  cooperation  policy  contributes,  in  accordance  with 
Article  130u  of the Treaty  establishing  the  European  Community,  to the general  objective 
of  developing  and  consolidating  democracy  and  the  rule  of  law  and  to  that  of  respecting 
human  rights  and  fundamental  freedoms; 

Whereas  Article  5 of  the  Agreement  signed  in  Mauritius  on  4  November  1995  amending 
the  Fourth  ACP-EC  Convention  signed  in  Lomé  on  15  December  1989  (hereinafter 
referred  to  as  "the  Convention")  stipulates  that  respect  for  human  rights,  democratic 
principles  and  the  rule  of  law  are  essential  elements  oC the  Convention; 

Whereas  pursuant  to  Article  366a  of  the  Convention  the  Party  which  considers  that 
another  Party  has  failed  to  fulfil  an  obligation  in  respect  of  one  of  the  essential  elements 
referred  to  in  Article  5  may  invite  the  other  Party  to  hold  consultations  and,  in  certain 
circumstances,  take  appropriate  steps,  including,  where  necessary,  the  partial  or  full 
suspension  of  application  of  the  Convention  to  the  Party  concerned; 

Whereas  an  effective  procedure  should  be  adopted  when  it  is intended  to take  appropriate 
measures; 

Whereas  pursuant  to  Article  366a  of  the  Convention 
the  term  "Party"  means  the 
Community  and  the  EU  Member  States,  of  the one  part,  and  each  ACP  State,  of the  other 
part; 

Whereas  in fields  covered  by the Convention  and falling  within  their jurisdiction,  Member 
States  may  adopt  in  parallel  a decision  authorizing  the  Council,  if  need  be,  also  to  cover 
these  fields  in  adopting  decisions  pursuant  to  Articles  I  and  2  of  this  Decision, 

HAS  DECIDED  AS  FOLLOWS: 

Article  I 

Where,  at the  initiative  of the  Commission  or a Member  State,  the  Council  considers  that 
an  ACP  State  has  failed  to  fulfil  an  obligation  concerning  one  of  the  essential  elements 
referred  to  in  Article  5  oï~  the  Lomé  Convention,  the  ACP  State  concerned  shall  be 
invited,  except  in  cases  of  special  urgency,  to  hold  consultations  in  accordance  with 
Article  366a(I)  of  the  Convention.  The  Council  shall  act  by  a  qualified  majority. 

2 

Article  2 

If,  on  expiry  of  the  deadline  set  in  Article  366a  for  the  consultations  and  despite  all 
efforts,  no  solution  has  been  found  -  either  immediately  in  a  case  of  urgency  or  refusal 
to  hold  consultations  -  the  Council  may,  pursuant  to  that  same  Article,  decide,  on  a 
proposal  from  the  Commission,  to  take  appropriate  steps  acting  by  a  qualified  majority. 

The Council's  Decision  shall  enter  into  force  on  the day  of  its publication.  The  Decision 
and  any  amendment  thereto shall  be communicated  forthwith  to the  European  Parliament. 

The  President  of  the  Council  shall  notify  the  measures  thus  adopted  to  the  ACP  State 
concerned  before  they  enter  into  force.  Where  these  measures  are  adopted  immediately, 
notification  thereof  shall  be  addressed  to  the  ACP  State  at  the  same  time  as  an  invitation 
to  hold  consultations. 

This  Decision  shall  lake  effect  on  the  day  following  that  of  its  adoption. 

Article  3 

Done  at, 

1996 

For  the  Council, 
The  President 

3 

Draft  amendment  to  the  Internal  Agreement 
on  the  measures  to  be  taken  and  the  procedures  to  be  followed 
in  applying  the  Fourth  ACP-EC  Convention  (91/402/EEC) 

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

Having  regard  to  the  Treaty  establishing  the  European  Community,  hereinafter  referred 
in  Lomé  on 
to  as  the  "Treaty"  and  to  the  Fourth  ACP-EC  Convention  signed 
15  December  1989  and  amended  by 
in  Mauritius  on 
4  November  1995,  hereinafter  referred  to  as  the  "Convention", 

the  Agreement 

signed 

Having  regard  to the  internal  agreement  on  the  measures  to  be  taken  and  the  procedures 
to  be  followed  in  applying  the  Fourth  ACP-EC  Convention,  and  in  particular  Article  7 
thereof, 

Whereas  under  Article  5  of  the  Convention,  respect  for  human  rights,  democratic 
principles  and  the  rule  of  law  constitute  essential  elements  of  the  Convention, 

Whereas  Article  366a  of  the  Convention  provides  that  a  Party  which  considers  that  there 
has been  a failure  to fulfil  an  obligation  concerning  one of  the essential  elements  referred 
to  in  Article  5 may  invite  the  other  Party  concerned  to  hold  consultations  and,  in  certain 
circumstances,  take  appropriate  steps,  including,  where  necessary,  but  only  as  a  last 
resort,  the  partial  or  full  suspension  of  the  application  of  the  Convention  to  the  Parly 
concerned; 

Whereas  an  effective  procedure  should  be adopted  where  it  is intended  to take  appropriate 
steps; 

Whereas  within  the  meaning  of  Article  366a  of  the  Convention  the  term  "Party"  shall 
mean  the Community  and  the  Member  States of the  European  Union,  of the  one  part,  and 
each  ACP  State,  of  the  other  part; 

Whereas  it  is therefore  necessary,  in  fields  covered  by  the  Convention  and  falling  within 
their jurisdiction,  that  Member  States authorize the Council  to adopt  appropriate  decisions 
pursuant  to  Article  366a  of  the  Convention, 

After  consulting  the  Commission, 

HAVE  AGREED  AS  FOLLOWS: 

Article  2a  shall  be  added  to  Article  2  of  the  internal  agreement  referred  to  above: 

to 
In  adopting  decisions  relating 
Decision 
(=  EC decision-making  procedure),  the Council  shall  be authorized,  in 
fields  covered  by  the Convention  and  falling  within  the jurisdiction  of the  Member  States, 
to  cover  those  same  fields. 

the  Convention,  pursuant 

to  Article  366a  of 

f 

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COM(96) 69  final 

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