1999/213/EC: Decision of the representatives of the Governments of the Member States of the European Communities, meeting within the Council of 11 March 1999 amending the internal agreement on the measures to be taken and the procedures to be followed in applying the fourth ACP-EC Convention
Date: 1999-03-11
Institutions: Representatives of the Governments of the Member States
Subjects: ACP-EU Convention, application of the law, democracy, human rights, rule of law

L 75/30

EN

Official Journal of the European Communities

20. 3. 1999

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
MEMBER STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN
THE COUNCIL

amending the internal agreement on the measures to be taken and the proced-
ures to be followed in applying the fourth ACP-EC Convention

of 11 March 1999

(1999/213/EC)

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

Having regard to the Treaty establishing the European
Community, hereinafter referred to as ‘the Treaty' and to
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',

the
Whereas within the meaning of Article 366a of
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 the competence of the
Member States, that Member States authorise the Council
to adopt appropriate decisions pursuant to Article 366a of
the Convention;

Having regard to the internal agreement (1) on the meas-
ures to be taken and the procedures to be followed in
applying the fourth ACP-EC Convention, and in par-
ticular Article 7 thereof,

Whereas under Article 5 of the Convention, respect for
human rights, democratic principles and the rule of law
constitutes an essential element of 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 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
party concerned;

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

(1) OJ L 229, 17. 8. 1991, p. 301.

After consulting the Commission,

HAVE DECIDED AS FOLLOWS:

Article 1

The following Article shall be added after Article 2 of the
internal agreement:

‘Article 2a

The position of the Member States regarding imple-
mentation of Article 366a of the Convention, where
the latter covers fields falling within their compet-
ence, shall be adopted by the Council acting pursuant
to the Decision of 11 March 1999 on the procedure
for implementing Article 366a of the fourth ACP-EC
Convention. If the steps envisaged concern fields for
which Member States are competent, the Council can
also act at the initiative of a Member State.'

20. 3. 1999

EN

Official Journal of the European Communities

L 75/31

This Decision shall enter into force on the day following its publication in the Official
Journal of the European Communities.

Article 2

Done at Brussels, 11 March 1999.

The President

J. TRITTIN