2005/299/EC: Decision No 3/2005 of the ACP-EC Council of Ministers of 8 March 2005 concerning the adoption of the Rules of Procedure of the ACP-EC Committee of Ambassadors
Date: 2005-03-08
Institutions: ACP Council of Ministers
Subjects: ACP-EU Committee of Ambassadors, accession to the European Union, rules of procedure

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DECISION No 3/2005 OF THE ACP-EC COUNCIL OF MINISTERS

of 8 March 2005

concerning the adoption of the Rules of Procedure of the ACP-EC Committee of Ambassadors

(2005/299/EC)

THE ACP-EC COUNCIL OF MINISTERS,

Having regard to the ACP-EC Partnership Agreement signed in
Cotonou on 23 June 2000, in particular Article 16(3) thereof,

Whereas:

may entrust to it. In this context, it shall monitor implemen-
tation of
towards
achieving the objectives set therein.

the ACP-EC Agreement

and progress

The Committee shall report to the Council, in particular

2.
on matters in which competence has been delegated.

(1)

(2)

(3)

By Decision No 2/2001 of 30 January 2001, the ACP-EC
adopted its Rules of
Committee of Ambassadors
Procedure.

3.
It shall also submit to the Council any resolutions, recom-
mendations or opinions that it considers necessary or appro-
priate.

Certain amendments are necessary to take account of the
accession of new Member States to the European Union.

Article 3

Agenda of meetings

At the 29th session of the ACP-EC Council of Ministers,
the
held in Gaborone, Botswana on 6 May 2004,
decision was taken to amend the Rules of Procedure
accordingly,

The provisional agenda for every meeting shall be drawn
1.
It shall be communicated to the other
up by the Chair.
members of the Committee at least eight days before the date
of the meeting.

HAS DECIDED AS FOLLOWS:

Article 1

Dates and locations of meetings

1.
As provided in Article 16(2) of the ACP-EC Partnership
Agreement (hereinafter referred to as the ACP-EC Agreement),
the ACP-EC Committee of Ambassadors (hereinafter referred to
as ‘the Committee’), shall meet regularly, in particular to prepare
meetings of
(hereinafter
the ACP-EC Council of Ministers
referred to as ‘the Council’), and whenever it proves necessary,
at the request of one of the parties.

2.
The Committee shall be convened by its Chair. The dates
of its meetings shall be fixed by common agreement between
the parties.

3.
The Committee shall meet at the seat of the Council of
the European Union or at the seat of the Secretariat of the ACP
Group of States. It may, however, meet in a city of an ACP
State if a special decision is taken to this effect.

Article 2

The Committee’s functions

In accordance with Article 16(2) of

1.
the ACP-EC
Agreement, the Committee shall assist the Council in carrying
out its tasks and shall carry out any mandate which the Council

The provisional agenda shall include those items in respect of
which the Chair has received a request for inclusion 10 days
before the date of the meeting. The only items to be included
on the provisional agenda shall be those for which documen-
tation has been submitted to the Secretariat of the Council in
time to be forwarded to the members of the Committee at least
eight days before the date of the meeting.

The agenda shall be adopted by the Committee at the
2.
In urgent cases the Committee
beginning of each meeting.
the
the ACP States or of
may decide, at
Community,
to include on the agenda items in respect of
which the time limits laid down in paragraph 1 have not
been observed.

the request of

Article 4

Proceedings

1.
The Committee shall act by common agreement between
the Community on the one part and the ACP States on the
other.

The proceedings of the Committee shall be valid only if at
2.
least half of the permanent representatives of the Member States
of the Community, one representative of the Commission of the
European Communities
the
Commission), and half the members of the ACP Committee
of Ambassadors are present.

(hereinafter

referred

to

as

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All members of the Committee unable to attend may be
3.
represented. In this case they shall inform the Chair and shall
indicate the person or delegation authorised to represent them.
The representative shall exercise all the rights of the member
unable to attend.

Council to the representatives of the ACP States, the Secretariat
of the ACP Group of States, the Permanent Representatives of
the Member States, the General Secretariat of the Council of the
European Union and the Commission.

4.

Committee members may be accompanied by advisers.

Such communications shall also be sent to the President of the
Bank when they concern the Bank.

5.
A representative of the European Investment Bank (here-
inafter referred to as ‘the Bank’), shall be present at Committee
meetings when matters concerning it are on the agenda.

2. Minutes shall be kept of each meeting, noting in particular
the decisions taken by the Committee.

Article 5

Written procedures, official publications and form of acts

Articles 4, 9(3) and 14 of the Rules of Procedure of the ACP-EC
Council shall apply to the acts adopted by the Committee.

Article 6

States attending with observer status

signatory States

Representatives of

1.
to the ACP-EC
Agreement which, on the date of its entry into force, have
not yet completed the procedures referred to in Article 93(1)
and (2) thereof, may attend Committee meetings as observers.
in the
They may in this case be authorised to take part
Committee’s debates.

The same rule shall apply to the countries referred to in

2.
Article 93(6) of the ACP-EC Agreement.

The Committee may authorise representatives of a country
3.
applying for accession to the ACP-EC Agreement to take part in
the proceedings of the Committee as observers.

Article 7

Confidentiality

Unless otherwise decided, meetings of the Committee shall

1.
not be public.

2. Without prejudice to such other provisions as may apply,
the Committee’s deliberations shall be covered by the obligation
of professional secrecy unless the Committee decides otherwise.

After their approval by the Committee, the minutes shall be
signed by the Chair of the Committee and the Secretaries of
the Council and shall be kept in the Council archives. Copies of
the minutes shall be sent to the recipients listed in paragraph 1.

Article 9

The Chair

The Office of Chair of the Committee shall be held alternately,
for six months at a time, by a Permanent Representative of a
Member State, designated by the Community, and by a Head of
Mission representing an ACP State designated by the ACP
States.

Article 10

Correspondence and documentation

Correspondence intended for the Committee shall be sent

1.
to its Chair at the seat of the Council Secretariat.

2.
Unless decided otherwise, the Committee shall conduct its
deliberations on the basis of documents drafted in the official
languages of the parties.

Article 11

Committees, subcommittees and working parties

1.

The Committee shall be assisted by:

(i) the Customs Cooperation Committee set up by Article 37
of Protocol No 1 to Annex V to the ACP-EC Agreement;

(ii) the permanent joint group on bananas provided for in
Article 3 of Protocol 5 to Annex V to the ACP-EC
Agreement;

Article 8

Communications and minutes of meetings

(iii) the Subcommittee on Trade Cooperation;

All communications provided for

1.
in these Rules of
Procedure shall be forwarded through the Secretariat of the

(iv) the Subcommittee on Sugar;

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(v) the joint working party on rice referred to in paragraph 5
to the ACP-EC

the Final Act

of Declaration XXIV of
Agreement;

(vi) the joint working party on rum referred to in paragraph 6
to the ACP-EC

the Final Act

of Declaration XXV of
Agreement.

The Committee may set up other appropriate committees,
2.
subcommittees or working parties to carry out the work it
considers necessary for the accomplishment of the tasks set
out in Article 16(2) of the ACP-EC Agreement.

These committees, subcommittees and working parties

3.
shall submit reports on their work to the Committee.

Article 12

Composition of committees, subcommittees and working
parties

exception of
committees,

the Customs Cooperation
1. With the
Committee,
and working
the
parties referred to in Article 11 shall comprise ACP ambas-
sadors
the
representatives,
Commission and representatives of the Member States.

subcommittees

representatives

their

or

of

A representative of

2.
subcommittee
agendas contain items concerning the Bank.

and working party meetings where

the Bank shall attend committee,
their

The members of these committees, subcommittees and

3.
working parties may be assisted in their tasks by experts.

Article 14

Procedures for committee, subcommittee and working
party meetings

The committees, subcommittees and working parties referred to
in Article 11 shall meet at the request of one of the two parties
after consultation between their Chairs and notice of seven days
shall be given for such meetings, except in urgent cases.

Article 15

Rules of Procedure of committees, subcommittees and
working parties

The committees, subcommittees and working parties referred to
in Article 11 may establish their Rules of Procedure with the
agreement of the Committee.

Article 16

Secretariat

1.
the
Secretariat work and other work necessary for
operation of the Committee and of the committees, subcom-
mittees and working parties referred to in Article 11 (drafting
agendas and distributing the relevant documents)
shall be
carried out by the Council Secretariat.

As soon as possible after each meeting, the Secretariat
these committees,
the meetings of

2.
shall draft minutes of
subcommittees and working parties.

The minutes shall be sent by the Secretariat of the Council to
the representatives of the ACP States, the Secretariat of the ACP
Group of States, the Permanent Representatives of the Member
States, the General Secretariat of the Council of the European
Union and the Commission.

Article 13

Article 17

Chair of committees, subcommittees and working parties

The committees,

subcommittees and working parties
1.
referred to in Article 11 shall be jointly chaired by an ACP
Ambassador for the ACP States and a representative of the
Commission or a representative of a Member State for the
Community.

2. Without prejudice to paragraph 1 the Co-chairs may, in
exceptional cases and by common agreement, be represented by
any person they designate.

The present Decision annuls and replaces Decision No 2/2001
of 30 January 2001 of the ACP-EC Committee of Ambassadors
concerning the adoption of its Rules of Procedure.

Done at Brussels, 8 March 2005.

For the ACP-EC Council of Ministers
The President

J. ASSELBORN