Proposal for a COUNCIL DECISION on the conclusion of the protocol to the fourth ACP-EC Convention of Lomé following the accession of Austria, Finland and Sweden to the European Union
Date: 1996-09-17
Institutions: European Commission
Subjects: ACP countries, accession to the European Union, fourth Lomé Convention, protocol to an agreement, transitional period (EU)

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  17.09.1996 
COM(96) 447  final 

96/0225  (AVC) 

Proposal  for a 
COUNCIL DECISION 

on the conclusion of the protocol  to the fourth ACP-EC Convention of Lomé 
following the accession of Austria, Finland and Sweden 
to the European Union 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The  Protocol  on  the  accession  of  Austria,  Finland  and  Sweden  to  the  fourth  ACP-EC 
Convention was signed in Mauritius on  3 November  1995 by the plenipotentiaries of the 
ACP countries  and the Member  States. 

This  proposal  is  for  a  Council  Decision  to  bring  that  Protocol  into  force  in  the 
Community. 

The Council  is therefore  requested  to approve the Decision  appended to this document. 

Proposal for a Council Decision on the conclusion of the protocol to the fourth 
ACP-EC Convention of Lomé following the accession of Austria, Finland and Sweden 
to the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard to the Treaty  establishing the European Community, particularly  Article 
238  thereof  in  conjunction  with  the  second  sentence  of  Article  228(2)  and  second 
subparagraph of Article 228(3), 

Having regard to the Commission proposal, 

Having regard to the assent of Parliament, 

Whereas the protocol  to the  fourth ACP-EC  Convention should be approved  following 
the accession of Austria, Finland and Sweden to the European Union, 

HAS DECIDED AS FOLLOWS: 

Article one 

The  protocol  to  the  fourth  ACP-EC  Convention  following  the  accession  of  Austria, 
Finland and Sweden to the European Union is hereby approved on behalf of the European 
Community.  The text of the protocol  is attached to this Decision. 

Article two 

The Council  President,  acting  on behalf  of the  European Community,  shall  initiate the 
notification  procedure set out in Article  5 of the protocol. 

2, 

PROTOCOL 

to  the  Fourth  ACP-EC  Convention  consequent  on  the  Accession  of  the  Republic  of 
Austria,  the Republic  of Finland  and the Kingdom  of  Sweden to the European  Union. 

HIS MAJESTY  THE  KING  OF THE BELGIANS, 

HER MAJESTY  THE  QUEEN  OF  DENMARK, 

THE PRESIDENT  OF THE  FEDERAL  REPUBLIC  OF  GERMANY, 

THE PRESIDENT  OF THE  HELLENIC  REPUBLIC, 

HIS MAJESTY  THE  KING  OF  SPAIN, 

THE  PRESIDENT  OF THE  FRENCH  REPUBLIC, 

THE PRESIDENT  OF IRELAND, 

THE PRESIDENT  OF THE  ITALIAN  REPUBLIC, 

HIS  ROYAL  HIGHNESS  THE  GRAND  DUKE  OF  LUXEMBOURG, 

HER  MAJESTY  THE  QUEEN  OF THE NETHERLANDS, 

THE  FEDERAL  PRESIDENT  OF THE  REPUBLIC  OF  AUSTRIA, 

THE PRESIDENT  OF THE  PORTUGUESE  REPUBLIC, 

THE PRESIDENT  OF THE  REPUBLIC  OF FINLAND, 

HIS MAJESTY  THE  KING  OF  SWEDEN, 

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND 
NORTHERN  IRELAND, 

whose  States are Contracting  Parties to the Treaty  establishing  the European  Coal  and  Steel 
Community  and the  Treaty  establishing  the European  Community,  and 

THE  COUNCIL  OF THE  EUROPEAN  UNION  AND THE EUROPEAN  COMMISSION, 

of the one part,  and 

THE HEADS OF THE ACP STATES, 
whose  States are hereinafter  referred to as "ACP States", 

of the other part, 

HAVING  REGARD to the  Fourth ACP-EC  Convention,  signed  at  Lomé  on  15  December 
1989, and in particular Article  358  thereof, 

WHEREAS  the Republic  of  Austria, the Republic  of  Finland  and  the  Kingdom  of  Sweden 
acceded  to the European Union on  1 January  1995, 

WHEREAS the requisite adjustments should therefore be made to the Convention and whereas 
the  transitional  measures  to  be  applied  to trade  between  the  new  acceding  States  and  ACP 
States should be  fixed, 

WHEREAS  it  is agreed  that the  scope  of  these  measures  shall  be  confined  to  the  period  of 
validity  of the  Convention, 

HAVE  DECIDED  to  conclude  this  Protocol  and  to  this  end  have  designated  as  their 
Plenipotentiaries: 

HIS  MAJESTY  THE  KING  OF THE  BELGIANS: 

HER MAJESTY  THE  QUEEN  OF  DENMARK: 

THE  PRESIDENT  OF THE  FEDERAL  REPUBLIC  OF  GERMANY: 

THE  PRESIDENT  OF THE  HELLENIC  REPUBLIC: 

HIS  MAJESTY  THE  KING  OF  SPAIN: 

THE PRESIDENT  OF THE  FRENCH  REPUBLIC: 

THE  PRESIDENT  OF IRELAND: 

THE  PRESIDENT  OF THE  ITALIAN  REPUBLIC: 

HIS  ROYAL  HIGHNESS  THE  GRAND  DUKE  OF  LUXEMBOURG: 

HER MAJESTY  THE  QUEEN  OF THE NETHERLANDS: 

THE  FEDERAL  PRESIDENT  OF THE  REPUBLIC  OF  AUSTRIA: 

THE  PRESIDENT  OF THE  PORTUGUESE  REPUBLIC: 

THE  PRESIDENT  OF THE  REPUBLIC  OF FINLAND: 

HIS MAJESTY THE KING OF SWEDEN: 

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND 
NORTHERN IRELAND: 

THE COUNCIL  OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION: 

THE HEADS  OF THE ACP STATES: 

WHO, having exchanged their full  powers, found  in good and due form, 

HAVE AGREED AS FOLLOWS: 

Article 1 

The Republic of Austria, the Republic of Finland and the Kingdom of Sweden shall become 
Contracting Parties to the Convention and to the Declaration annexed to the Final Act signed 
at Lomé on  15 December  1989. 

Article 2 

The texts of the Convention, including the Annexes and Protocols which form an integral part 
thereof,  as  well  as  the  Declarations  annexed  to  the  Final  Act,  drawn  up  in  Finnish  and 
Swedish, shall be authentic in the same conditions as the original texts. 

Article 3 

Nationals and companies of firms (within the meaning of Article 274(2) of the Convention) 
of Austria, Finland and Sweden, and the supplies originating in the said States, shall not be 
eligible  to  take  part  in  the  calls  for  tender  and public  contracts  issued  exclusively  by  the 
European  Development  Funds  (EDF)  to  which  the  States  of  which  they  are  nationals  or 
companies have not contributed. 

This Protocol  shall  form an integral part of the Convention. 

Article 4 

Article 5 

This  Protocol  shall  be  approved  by  the  Contracting  Parties  in  accordance  with  their  own 
procedures.  It  shall  come  into  force  on  the  first  day  of  the  second  month  following 
notification  of the completion of the procedures by the Contracting Parties. 

Article 6 

This Protocol shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, 
German, Greek, Italian, Portuguese, Spamsh and Swedish languages, each of those texts being 
equally aumentic. 

Done at Brussels, 

1 

ISSN 0254-1475 

COM(96) 447 final 

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