1999/214/EC: Council Decision of 11 March 1999 on the procedure for implementing Article 366a of the fourth ACP-EC Convention
Date: 1999-03-11
Institutions: Council of the European Union
Subjects: ACP-EU Convention, application of the law, democracy, human rights, rule of law

L 75/32

EN

Official Journal of the European Communities

20. 3. 1999

COUNCIL DECISION

of 11 March 1999

on the procedure for implementing Article 366a of the fourth ACP-EC Conven-
tion

(1999/214/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

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

Having regard to the proposal from the Commission (1),

Having regard to the assent of
ment (2),

the European Parlia-

Whereas Community development cooperation policy
contributes, in accordance with Article 130u of the Treaty,
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 fourth ACP-EC Convention
signed in Lom(cid:130) on 15 December 1989 and amended by
the Agreement signed in Mauritius on 4 November 1995
hereinafter referred to as ‘the Convention', stipulates that
respect for human rights, democratic principles and the
rule of
the
Convention;

law constitutes an essential element of

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,
the
take appropriate steps,
partial or full suspension of application of the Convention
to the party concerned;

including where necessary,

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 Member
States of the European Union, of the one part, and each
ACP State, of the other part;

Whereas in fields covered by the Convention and falling
within the competence of Member States, the representa-
tives of the Governments of the Member States meeting
within the Council may authorise in parallel the Council,
if need be, also to cover these fields in adopting decisions
pursuant to Articles 1 and 2 of this Decision,

Article 1

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 of the Convention, the
ACP State concerned shall be invited unless there is
special urgency to hold consultations in accordance with
Article 366a(2) of the Convention. The Council shall act
by a qualified majority.

Article 2

If, on expiry of the deadline set in Article 366a for the
consultations and despite all efforts, no solution has been
found, or immediately in a case of urgency or refusal to
hold consultations, the Council may, pursuant to that
Article, decide, on a proposal from the Commission, to
take appropriate steps including partial suspension acting
by a qualified majority. The Council shall act unan-
imously in case of a full suspension of application of the
Convention in relation to the ACP State concerned.

These measures shall remain in force until such time as
the Council has used the applicable procedure as set out
in the first subparagraph to take a decision amending or
revoking the measures adopted previously, or where
applicable, for the period indicated in the Decision. For
that purpose the Council shall proceed to review regularly
and at least every six months the above measures.

The President of the Council shall notify the measures
thus adopted to the ACP State concerned before they
into force. The Council’s Decision shall be
enter
published in the Official Journal of
the European
Communities. Where the measures are adopted imme-
diately, notification thereof shall be addressed to the ACP
State at the same time as an invitation to hold consulta-
tions.

Article 3

(1) OJ C 119, 24. 4. 1996, p. 7.
(2) Assent delivered on 15 February 1999 (not yet published in

the Official Journal).

The European Parliament shall be immediately and fully
informed on any decision taken under Articles 1 and 2.

20. 3. 1999

EN

Official Journal of the European Communities

L 75/33

This Decision shall take effect on the day following its adoption.

It shall be published in the Official Journal of the European Communities.

Article 4

Done at Brussels, 11 March 1999.

For the Council

The President

J. TRITTIN