2005/300/EC: Decision No 2/2005 of the ACP-EC Committee of Ambassadors of 8 March 2005 concerning the adoption of the Rules of Procedure of the ACP-EC Customs Cooperation Committee
Date: 2005-03-08
Institutions: ACP Committee of Ambassadors
Subjects: ACP-EU Joint Committee, accession to the European Union, customs cooperation, rules of procedure

L 95/54

EN

Official Journal of the European Union

14.4.2005

DECISION No 2/2005 OF THE ACP-EC COMMITTEE OF AMBASSADORS

of 8 March 2005

concerning the adoption of the Rules of Procedure of the ACP-EC Customs Cooperation Committee

(2005/300/EC)

THE ACP-EC COMMITTEE OF AMBASSADORS,

Article 2

Having regard to Decision No 2/1995 of the ACP-EC Council of
Ministers on 8 June 1995 on the membership and rules of
operation of the ACP-EC Customs Cooperation Committee,

Having regard to the ACP-EC Partnership Agreement signed in
Cotonou on 23 June 2000 (1), hereinafter referred to as ‘the
Partnership Agreement’
and in particular Article 37 of
Protocol 1 of Annex V thereto,

Having regard to the Rules of Procedure of
the ACP-EC
Committee of Ambassadors and in particular Article 15
the Rules of
thereof,
Procedure of committees, subcommittees and working parties
that assist the Committee of Ambassadors,

referring to the

establishment of

Desirous of ensuring the fulfilment of the objectives set by the
ACP States and the European Community in Title II of part
Three of the Partnership Agreement,

Considering that effective customs cooperation between the
ACP States and the European Community can contribute to
the development of
trade between the ACP States and the
European Community,

Considering that the Committee’s terms of reference are estab-
lished by Articles 37 and 38 of Protocol 1 of Annex V of the
Partnership Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The Committee’s duties defined at Articles 37(1) to (6) and
38(8) to (10) of Protocol 1 of Annex V to the Partnership
Agreement shall be as follows:

(a) carrying out administrative cooperation with a view to the
correct and uniform application of Protocol 1 of the Part-
nership Agreement and carrying out any other task in the
customs field which may be entrusted to it;

(b) examining regularly the effect on the ACP States of the
application of the rules of origin and recommending appro-
priate measures to the ACP-EC Council of Ministers;

(c)

taking decisions on derogations from the rules of origin,
under the conditions laid down in Article 38(9) and (10)
of the Protocol 1 of Annex V to the Partnership Agreement;

(d) preparing the decisions of the ACP-EC Council of Ministers
pursuant to Article 40 of Protocol 1 of Annex V to the
Partnership Agreement.

Article 3

The Committee shall meet at least twice a year on dates to
1.
be mutually appointed by the ACP Group and the European
Community, as a rule at least eight days before the meeting of
the ACP-EC Committee of Ambassadors; extraordinary meetings
may be convened when necessary.

The Committee may, if necessary, set up ad hoc working

2.
parties to examine specific issues.

1.
The Customs Cooperation Committee set up by Article 37
of Protocol 1 of Annex V of the Partnership Agreement, here-
inafter referred to as ‘the Committee’, shall be composed on the
one hand of experts from the Member States of the European
Community and of Commission officials
for
customs questions, and on the other hand of experts repre-
senting the ACP States and of officials of regional groupings
of the ACP States who are responsible for customs questions.
The Committee may call upon appropriate expertise where
necessary.

responsible

3. Meetings of
the Committee shall be convened by its
Chairman. Its proceedings shall be confidential unless decided
otherwise.

Article 4

The Chairmanship of the Committee shall be held alternately
for six-month periods by the ACP Group and the European
Community:

2.
Each Party shall notify the names of its representatives and
of its co-chairman to the Secretariat of the ACP-EC Council of
Ministers.

— from 1 April to 30 September by the ACP co-chairman,

— from 1 October to 31 March by the European Community

(1) OJ L 317, 15.12.2000, p. 1.

co-chairman.

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Official Journal of the European Union

L 95/55

Article 5

Article 8

1.
A provisional agenda for each meeting shall be drawn up
by the Chairman in consultation with the co-chairman and shall
be adopted by the Committee at the start of each meeting.

The Committee may, if it deems it advisable, arrange for experts
to attend where the matters under discussion require specific
expertise.

2.
Secretarial tasks and the other work required for the func-
tioning of the Committee shall be carried out by the Secretariat
of the ACP-EC Council of Ministers.

3.
The Secretariat shall send out the notices convening the
meeting, the agenda, the draft measures and any other working
papers to the members of the Committee at least two weeks
before the meeting.

4.
After each meeting,
summary record for adoption at
Committee.

the Secretariat

the next meeting of

shall produce a
the

Notwithstanding the provisions of Article 1, any ACP State
which is not a member of the Committee may attend as an
observer, except where the Committee decides to meet
in
restricted session.

Article 9

The Committee shall
Committee of Ambassadors.

submit

its

reports

to the ACP-EC

Article 10

Article 6

The Committee’s deliberations may be considered valid only if a
majority of the representatives appointed by the ACP Group
and one representative of the Commission are present.

The ACP States, on the one hand, and the Member States and
the European Community, on the other hand, shall be bound,
each as regards the matters that concern it, to take the necessary
measures for the implementation of this Decision.

Article 7

Article 11

The Committee’s decisions shall be adopted by agreement
1.
between, on the one hand, the ACP States, and, on the other
hand, the European Community.

2. Where the Committee is unable to adopt a decision,
it
shall refer the matter to the ACP-EC Committee of Ambas-
sadors.

3.
In exceptional circumstances, the co-chairmen may decide
to adopt decisions by written procedure, in particular as regards
decisions adopted pursuant
to Article 38 of Protocol 1 of
Annex V to the Partnership Agreement.

This Decision shall come into effect on signature. It annuls and
replaces Decision No 2/1995 of
the ACP-EC Council of
Ministers of 8 June 1995 on the membership and rules of
operation of the ACP-EC Customs Cooperation Committee.

Done at Brussels, 8 March 2005.

For the ACP-EC Committee of Ambassadors
The Chairman

M. SCHOMMER