2000/771/EC: Internal agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement
Date: 2000-09-18
Institutions: Representatives of the Governments of the Member States
Subjects: ACP countries, Council of the European Union, EC Decision, EU Member State, cooperation agreement (EU)

L 317/376

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Official Journal of the European Communities

15.12.2000

INTERNAL AGREEMENT

Between the representatives of the governments of the Member States, meeting within the
Council, on measures to be taken and procedures to be followed for the implementation of the
ACP-EC Partnership Agreement

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

HAVE AGREED AS FOLLOWS:

Article 1

having regard to the Treaty establishing the European Com-
munity, hereinafter referred to as ‘the Treaty’,

having regard to the ACP-EC Partnership Agreement signed in
Cotonou (Benin) on 23 June 2000, hereinafter referred to as
‘the ACP-EC Agreement’,

having regard to the draft from the Commission,

The common position to be taken by the Representatives of
the Community in the ACP-EC Council of Ministers and the
Committee of Ambassadors when they consider matters for
which the Member States are competent shall be adopted by
the Council, acting unanimously on a draft from the Com-
mission or from a Member State after consulting the Com-
mission.

WHEREAS:

Article 2

(1)

(2)

(3)

(4)

The Representatives of the Community will have to
adopt common positions in the Council of Ministers
provided for by the ACP-EC Agreement, hereinafter
referred to as ‘the ACP-EC Council of Ministers’. More-
over,
recommen-
dations and opinions of that Council may require, as the
case may be, action by the Community, joint action by
the Member States or action by a Member State.

implementation of

the decisions,

it is necessary for the Member States to
Therefore,
specify the conditions for determining, in the fields for
which they are competent, the common positions to be
adopted by the Representatives of
the Community
within the ACP-EC Council of Ministers. In the same
fields, it will also be for them to take the measures
implementing such decisions, recommendations and
opinions of that Council as may require joint action by
the Member States or action by a Member State.

For matters covered by the ACP-EC Agreement that fall
within their competence the Member States will have to
authorise the Council to take appropriate decisions
under Articles 96 and 97 of the ACP-EC Agreement.

Provision should,
likewise, be made for the Member
States to communicate to one another and to the
Commission any treaty, convention, agreement or
arrangement and any part of a treaty, convention,
agreement or arrangement which concerns matters dealt
with in the ACP-EC Agreement and which has been, or
will be, concluded between one or more Member States
and one or more ACP States.

Decisions and recommendations adopted by the ACP-EC
Council of Ministers or the Committee of Ambassadors in the
fields for which the Member States are competent shall be
implemented by acts adopted by the latter.

Article 3

The position of the Member States for the implementation of
Articles 96 and 97 of the ACP-EC Agreement shall, when that
position concerns matters within their competence, be adopted
by the Council, acting in accordance with the procedure set
out in the Annex.

If the planned measures concern matters falling within the
competence of the Member States, the Council may also act
on the initiative of a Member State.

Article 4

Any treaty, convention, agreement or arrangement, or any
part of a treaty, convention, agreement or arrangement, of
whatever form or nature, which has been, or will be, concluded
between one or more Member States and one or more ACP
States and which concerns matters dealt with in the ACP-EC
Agreement, shall be communicated at the earliest opportunity
by the Member State or States concerned to the other Member
States and to the Commission. At the request of a Member
State or of the Commission, any texts so communicated shall
be discussed by the Council.

Article 5

(5)

Procedures should also be laid down whereby Member
States may settle any disputes which may arise between
them with regard to the ACP-EC Agreement,

Should a Member State consider it necessary to invoke
Article 98 of the ACP-EC Agreement in matters for which the
Member States are competent, it shall first consult the other
Member States and the Commission.

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If the ACP-EC Council of Ministers has to reach a decision on
the action by the Member State referred to in the first
paragraph,
forward by the Community
shall be that of the Member State concerned, unless the
Representatives of the Governments of the Member States,
meeting within the Council, decide otherwise.

the position put

Article 6

Disputes arising between Member States concerning the ACP-
EC Agreement, the Annexes and Protocols attached thereto or
the Internal Agreements concluded for implementation of the
said ACP-EC Agreement shall, at the request of the earliest
petitioner, be submitted to the Court of Justice of the European
Communities in the manner laid down in the Treaty and in
the Protocol on the Statute of the Court of Justice annexed to
the Treaty.

Article 7

The Representatives of the Governments of the Member States,
meeting within the Council, may at any time amend this
Agreement, acting unanimously on a draft from the Com-
mission or from a Member State after consulting the Com-
mission.

Article 8

This Agreement shall be approved by each Member State in
accordance with its own constitutional requirements. The
government of each Member State shall notify the General
Secretariat of the Council of the completion of the procedures
required for the entry into force of the Agreement.

Provided that the provisions of the first paragraph have been
complied with, this Agreement shall enter into force at the
same time as the ACP-EC Agreement (1). It shall remain in
force for the duration of that Agreement.

Article 9

This Agreement, drawn up in a single original in the Danish,
Dutch, English, Finnish, French, German, Greek, Italian, Portu-
guese, Spanish and Swedish languages, all eleven texts being
equally authentic, shall be deposited in the archives of the
General Secretariat of the Council, which shall transmit a
certified copy to each of the governments of the Signatory
States.

(1) The date of entry into force of the Agreement will be published in
the Official Journal of the European Communities by the General
Secretariat of the Council.

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Hecho en Bruselas, el dieciocho de septiembre del an˜ o dos mil.

Udfærdiget i Bruxelles den attende september to tusind.

Geschehen zu Brüssel am achtzehnten September zweitausend.

’¯ªØ(cid:237)(cid:229) (cid:243)(cid:244)Ø(cid:242) ´æı(cid:238)(cid:229)·ºº(cid:229)(cid:242), (cid:243)(cid:244)Ø(cid:242) (cid:228)(cid:229)·ŒÆ (cid:239)Œ(cid:244)ø· (cid:211)(cid:229)(cid:240)(cid:244)(cid:229)(cid:236)(cid:226)æØ·(cid:239)ı (cid:228)ı·(cid:239) (cid:247)ØºØÆ·(cid:228)(cid:229)(cid:242).

Done at Brussels on the eighteenth day of September in the year two thousand.

Fait à Bruxelles, le dix-huit septembre deux mille.

Fatto a Bruxelles, addı` diciotto settembre duemila.

Gedaan te Brussel, de achttiende september tweeduizend.

Feito em Bruxelas, em dezoito de Setembro de dois mil.

Tehty Brysselissä kahdeksantenatoista päivänä syyskuuta vuonna kaksituhatta.

Som skedde i Bryssel den artonde september tjugohundra.

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Pour le gouvernement du Royaume de Belgique

Voor de Regering van het Koninkrijk België

Für die Regierung des Königreichs Belgien

For regeringen for Kongeriget Danmark

Für die Regierung der Bundesrepublik Deutschland

ˆØÆ (cid:244)(cid:231)(cid:237) ˚ı(cid:226)(cid:229)·æ(cid:237)(cid:231)(cid:243)(cid:231) (cid:244)(cid:231)(cid:242) ¯ºº(cid:231)(cid:237)ØŒ(cid:231)·(cid:242) ˜(cid:231)(cid:236)(cid:239)ŒæÆ(cid:244)Ø·Æ(cid:242)

Por el Gobierno del Reino de Espan˜ a

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15.12.2000

Pour le gouvernement de la République française

Thar ceann Rialtas na hE´ ireann
For the Government of Ireland

Per il Governo della Repubblica italiana

Pour le gouvernement du Grand-Duché de Luxembourg

Voor de Regering van het Koninkrijk der Nederlanden

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Für die Regierung der Republik O¨ sterreich

Pelo Governo da Repu´ blica Portuguesa

Suomen hallituksen puolesta
På finska regeringens vägnar

På svenska regeringens vägnar

For the Government of the United Kingdom of Great Britain and Northern Ireland

L 317/382

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Official Journal of the European Communities

15.12.2000

ANNEX

1. Where, on 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 9 of the ACP-EC
Agreement, or in serious cases of corruption, the ACP State concerned shall be invited, unless there is special
urgency, to hold consultations in accordance with Articles 96 and 97 of the ACP-EC Agreement.

The Council shall act by a qualified majority.

In the consultations, the Community shall be represented by the Presidency of the Council and the Commission.

2.

If, on expiry of the deadlines set in Articles 96 and 97 of the ACP-EC Agreement 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 those Articles, decide, on a proposal from the Commission, to take
appropriate measures including partial suspension acting by a qualified majority. The Council shall act
unanimously in case of a full suspension of application of the ACP-EC Agreement 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 and to the
ACP-EC Council of Ministers before they enter into force.

The Council’s Decision shall be published in the Official Journal of the European Communities. Where the
measures are adopted immediately, notification thereof shall be addressed to the ACP State and to the ACP-EC
Council of Ministers at the same time as an invitation to hold consultations.

3.

The European Parliament shall be immediately and fully informed of any decision taken under paragraphs 1
and 2 of this Annex.