2005/298/EC: Decision No 2/2005 of the ACP-EC Council of Ministers of 8 March 2005 concerning the Rules of Procedure of the Joint ACP-EC Ministerial Trade Committee
Date: 2005-03-08
Institutions: ACP Council of Ministers
Subjects: ACP-EU Joint Committee, accession to the European Union, rules of procedure, trade policy

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Official Journal of the European Union

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DECISION No 2/2005 OF THE ACP-EC COUNCIL OF MINISTERS

of 8 March 2005

concerning the Rules of Procedure of the Joint ACP-EC Ministerial Trade Committee

(2005/298/EC)

THE ACP-EC COUNCIL OF MINISTERS,

Commission,
specific areas referred to in Article 12(1).

in order to draw up recommendations on the

Having regard to the Partnership Agreement between the
Members of
the African, Caribbean and Pacific Group of
States, of the one part, and, the European Community and its
Member States of the other part, signed in Cotonou on 23 June
2000 (hereinafter
the Agreement), and in
particular Article 38(3) thereof,

referred to as

Whereas:

Article 2

Chairmanship

The Trade Committee shall be chaired alternately, for a period
the
of six months, by the member of
European
Communities
European
Community, and by a representative of the ACP States. The
first Chairman shall be a representative of the ACP States.

the Commission of
the

behalf

on

of

(1)

(2)

(3)

(4)

Article 38(1) of the Agreement sets up a Joint Ministerial
Trade Committee.

Article 3

Meetings

By Decision No 4/2001 of 24 April 2001 the ACP-EC
adopted the Rules of
Committee of Ambassadors
Procedure of that Committee by delegation of powers.

The Trade Committee shall meet at least once a year or

1.
more frequently at the request of either party.

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

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

shall meet

The Trade Committee

2.
the
meetings of the Council of the European Union are usually
held or at the seat of the Secretariat of the ACP Group of
States, or in a city of one of the ACP States,
in accordance
with the decision taken by the Trade Committee.

either where

HAS DECIDED AS FOLLOWS:

Article 1

Composition

1.
The Joint Ministerial Trade Committee (hereafter referred
to as the Trade Committee), shall be composed, on the one
hand, of a minister from each Member State of the European
Community and a member of the Commission of the European
Communities and, on the other hand, on a parity basis, of
ministers from the ACP States.

The meetings of the Trade Committee shall be convened

3.
by its Chairman.

The proceedings of the Trade Committee shall be valid
4.
only if a majority of the representatives of the Member States
of the European Community, a member of the Commission of
the European Communities and a majority of the represen-
tatives of the ACP States who are Committee members are
present.

Article 4

Representation

Each party shall communicate the names of its represen-

2.
tatives to the Secretariat of the Trade Committee.

The members of the Trade Committee may be represented

1.
if they are prevented from attending a meeting.

3.
The Trade Committee may decide to set up a number of
smaller groups, composed of an equal number of ACP and EC
the
members of

the Committee including a member of

2.
A member wishing to be so represented must notify the
Chairman of the name of his representative before the meeting.

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The representative of a member of the Trade Committee

3.
shall exercise all the rights of that member.

Article 9

Publicity

Article 5

Delegations

Unless otherwise decided, Trade Committee meetings shall not
be public.

The members of the Trade Committee may be accom-

1.
panied by officials responsible for trade matters.

Article 10

Agenda for meetings

Before each meeting, the Chairman shall be informed of

2.
the intended composition of the delegation of each party.

The Trade Committee may, by agreement between the

3.
parties, invite non-members to attend its meetings.

4.
Representatives of regional or sub-regional organisations
of the ACP engaged in an economic integration process may
attend the meeting as observers, subject to prior approval by the
Trade Committee.

1.
The Chairman shall draw up a provisional agenda for each
meeting. The Secretariat of the Trade Committee shall forward it
to the addressees not later than 15 days before the beginning of
the meeting.

2.
The provisional agenda shall include the items in respect
of which the Chairman has received a request for inclusion in
the agenda from either party not later than 21 days before the
beginning of the meeting. The ACP-EC Subcommittee on Trade
Cooperation may also present a request that items be included
on the agenda.
the said
Subcommittee shall be invited to take part in the meeting.

the Co-Chairmen of

In this case,

Article 6

Secretariat

3.
In agreement with the parties, the time limits laid down
may be shortened in order to take account of the requirements
of a particular case.

The Secretariat of the ACP-EC Council of Ministers shall act as
Secretariat of the Trade Committee.

The agenda shall be adopted by the Trade Committee at

4.
the beginning of each meeting.

Article 7

Documents

The Secretariat of the ACP-EC Council of Ministers shall be
responsible
the documents
establishment of
necessary for the meetings of the Trade Committee.

the

for

all

When the deliberations of the Trade Committee are based on
written documents, such documents shall be numbered and
circulated as documents of the Trade Committee by its Secre-
tariat.

Article 8

Correspondence

1.
All correspondence addressed to the Trade Committee or
to the Chairman thereof shall be forwarded to the Secretariat of
the Trade Committee.

Article 11

Minutes

Draft minutes of each meeting shall be drawn up as soon

1.
as possible jointly by the Secretariat.

As a general rule, the minutes shall show, in respect of

2.
each item on the agenda:

(a)

the documentation submitted to the Trade Committee;

(b) statements the entry of which has been requested by a

member of the Trade Committee;

(c)

the recommendations made, the statements agreed upon
and the conclusions adopted on specific items.

The minutes shall include a list of members of the Trade
in the

representatives who took part

their

3.
Committee or
meeting.

The Secretariat shall see to it

that correspondence is
2.
in the case of documents
forwarded to its addressees, and,
the Trade
referred to in Article 7,
to the
Committee. Correspondence circulated shall be sent
Secretariat-General of
the European
Communities, the Permanent Representations of the Member
States of the European Union and the diplomatic missions of
the representatives of the ACP States.

to other members of

the Commission of

The draft minutes
for approval

shall be submitted to the Trade
4.
its next meeting. The draft
at
Committee
minutes may also be agreed in writing by the two parties.
When the minutes have been approved, two equally authentic
copies thereof shall be signed by the Secretariat and filed by the
parties. A copy of the minutes shall be forwarded to each of the
addressees referred to in Article 8.

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Article 12

Recommendations

Article 13

Languages

1.
The Trade Committee shall make recommendations on all
trade issues, including issues relating to multilateral trade nego-
tiations, economic partnership agreements, cooperation in inter-
national forums and commodity issues, by mutual agreement
between the parties.

Between meetings,

the Trade Committee may make
2.
recommendations by written procedure if both parties
so
agree. A written procedure shall consist of an exchange of
notes between the two co-secretaries of the Secretariat, acting
in agreement with the parties.

3.
Recommendations of
entitled ‘recommendation’,
date of their adoption and a description of their subject.

the Trade Committee shall be
the

followed by a serial number,

Recommendations of

4.
authenticated by the Secretariat and by the Chairman.

the Trade Committee shall be

the
Recommendations shall be forwarded to each of
5.
addressees referred to in Article 8 as documents of the Trade
Committee.

The Trade Committee shall make appropriate periodic

6.
reports to the ACP-EC Council of Ministers.

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

Article 14

Expenses

Paragraph 1 of Protocol 1 to the Agreement, on the operating
expenditure of the Joint Institutions, shall also apply to costs
incurred by the Trade Committee.

Article 15

The present Decision annuls and replaces Decision No 4/2001
of 24 April 2001 of the ACP-EC Committee of Ambassadors
concerning the adoption of the Rules of Procedure of the Joint
ACP-EC Ministerial Trade Committee.

Done at Brussels, 8 March 2005.

For the ACP-EC Council of Ministers
The President

J. ASSELBORN