2006/186/EC: Decision No 8/2005 of the ACP-EC Committee of Ambassadors of  20 July 2005  on the Statutes and rules of procedure of the Centre for the Development of Enterprise
Date: 2005-07-20
Institutions: ACP Committee of Ambassadors
Subjects: ACP-EU institution, Centre for the Development of Enterprise, operation of the Institutions, private sector, rules of procedure

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II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 8/2005 OF THE ACP-EC COMMITTEE OF AMBASSADORS

of 20 July 2005

on the Statutes and rules of procedure of the Centre for the Development of Enterprise

(2006/186/EC)

THE ACP-EC COMMITTEE OF AMBASSADORS,

HAS DECIDED AS FOLLOWS:

Having regard to the Partnership Agreement between the
the African, Caribbean and Pacific Group of
members 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 (1), hereinafter referred to as ‘the Agreement’, and in
particular Article 2(6)(a) of Annex III thereto,

Having regard to the Internal Agreement of 12 September 2000
between Representatives of the Governments of the Member
States, meeting within the Council, on the Financing and
Administration of Community Aid under
Financial
Protocol to the Agreement,

the

Whereas:

Article 2(6) of Annex III to the Agreement requires the
the
Committee of Ambassadors
signature of the Agreement, the Statutes and rules of
the Development of
procedure of
Enterprise
the Centre),
including its supervisory bodies.

to lay down, after

referred to as

the Centre

(hereinafter

for

Article 1

Subject

to the
1.
The Centre, within the meaning of Annex III
It shall
Agreement, shall be a joint ACP-EC technical body.
have
to the
in all Parties
Agreement, the most extensive legal capacity accorded to legal
persons of the same kind.

legal personality and enjoy,

The Centre's staff shall enjoy the customary privileges,
2.
in Protocol 2 on
immunities and facilities provided for
privileges and immunities and referred to in Declarations VI
and VII annexed to the Agreement.

3.
The Centre shall be a non-profit body. Its headquarters
shall be in Brussels, with decentralised offices in each ACP
region at the discretion of the Executive Board.

The second subparagraph of Article 1 of Protocol 2 on
privileges and immunities to the Agreement extends such
privileges and immunities to the staff of the Centre.

Article 2

Objectives

An Executive Board should be set up to act as a super-
visory body for the Centre, within the meaning of Article
2(6)(a) of Annex III to the Agreement,

The Centre shall act in accordance with the provisions and
It shall pursue the objectives

1.
principles of
specified in Article 2 of Annex III to the Agreement.

the Agreement.

(1) OJ L 317, 15.12.2000, p. 3. Agreement as amended by Decision No
1/2003 of the ACP-EC Council of Ministers (OJ L 141, 7.6.2003, p.
25).

The Centre shall define these objectives in greater detail in

2.
a policy document.

(1)

(2)

(3)

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Article 3

(b) lay down the Statutes relating to staff, financial and staff

Institutional cooperation

regulations;

The Centre's cooperation with other bodies

1.
shall be
guided by the principles of coordination, complementarity and
added value in respect of any private sector development
initiatives taken by public or private entities. The Centre shall
exercise selectivity in undertaking its tasks.

The Centre may be called on by countries or regions to
indicative

2.
help prepare and execute national or
programmes concerning the private sector.

regional

3.
The Centre may be called on to execute, manage or co-
manage special programmes undertaken by the Commission of
the European Communities
the
Commission) for ACP countries.

referred to as

(hereinafter

Article 4

Financing

(c) supervise the work of the bodies of the Centre; and

(d) lay down the rules of operation and the procedures for the

adoption of the Centre's budget.’

The Committee shall approve the Centre's overall strategy

2.
on the basis of a proposal from the Executive Board.

Article 6

Bodies

The supervisory bodies of the Centre shall be the Executive
Board and the Management.

1.
The Centre shall be financed by the European Devel-
opment Fund (EDF), as laid down in the Financial Protocol
provided for in Annex I to the Agreement, and by its own
sources of revenue, as set out in the Centre's Financial Regu-
lation.

Article 7

Management

1.
The Centre shall be headed by a Director. The Director
shall be assisted by a Deputy Director, who shall answer to the
Director and perform operational tasks.

2.
The Centre's budget may receive additional resources from
the purposes of achieving the Centre's
other Parties
objectives under the Agreement and the strategy drawn up by
the Centre.

for

3.
The Centre may, in pursuit of its objectives, manage on
behalf of third Parties resources intended for the execution of
activities provided for in the Agreement and benefiting the
Parties specified in Annex III.

Article 5

Committee of Ambassadors

1.

Article 2(6) of Annex III to the Agreement stipulates that:

The Director and Deputy Director shall be recruited on the
strength of
their management skills and their professional
capacity to accomplish the objectives and tasks assigned to
the Centre by the Agreement, and in particular Article 2 of
Annex III thereto.

The Director and Deputy Director shall be appointed by
2.
the ACP-EC Committee of Ambassadors (hereinafter referred to
as the Committee) on the basis of a procedure and job
descriptions approved by the Committee beforehand. The
appointments of the Director and the Deputy Director shall
the EDF Financial
coincide with the five-year duration of
Protocol. Their appointments shall be for a maximum period
of five years and shall not be renewable. The posts of Director
and Deputy Director shall be held by ACP and EU nationals in
alternation.

‘The Committee of Ambassadors
authority of
Agreement:

the Centre.

It shall, after the signature of

shall be the supervisory
this

The Committee's Co-Chairs

3.
appointing the Director and Deputy Director.

shall

sign the

letters

(a)

lay down the Statutes and rules of procedure of the Centre,
including its supervisory bodies;

The Director shall report to the Centre's Executive Board

4.
in accordance with the procedure laid down in Article 7.

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If necessary, and after carrying out the procedure laid
the Executive Board may
the

5.
down in the Staff Regulations,
propose, by means of a duly reasoned proposal,
Committee dismiss the Director.

that

in
The six members shall be appointed by the Committee,
accordance with the procedures laid down by the Committee,
for a maximum period of five years, with a review at mid-term.

6.
If necessary, and after carrying out the procedure laid
down in the Staff Regulations, the Executive Board may, at
the Director's proposal, propose, by means of a duly reasoned
proposal, that the Committee dismiss the Deputy Director. The
procedure for the dismissal of the Deputy Director may also be
initiated by the Executive Board without a prior proposal from
the Director.

Article 8

The Director's responsibilities

1.
The Director shall be responsible for the Centre's legal and
institutional representation and for the execution of the Centre's
remit and tasks, as defined in the Agreement and in Annex III
thereto.

The Director shall be responsible for submitting to the

2.
Executive Board for approval:

2. Meetings of the Executive Board may be attended by an
observer from the Commission, the General Secretariat of the
Council of
the
European Investment Bank, and a representative of an ACP
regional organisation with proven experience in the sector of
private enterprise.

the European Union,

the ACP Secretariat,

The members of the Executive Board shall elect a Chair
3.
and a Deputy Chair for a maximum period of five years,
in
accordance with its rules of procedure. The chair shall be held
by the party (ACP or EC) not holding the post of the Centre's
Director.

The Executive Board shall

take decisions by a simple
4.
majority of the members present or represented, in accordance
with its rules of procedure. Each member shall have one vote.

— the annual and multiannual activity programmes,

In the event of a hung vote, the Chair shall have a casting

5.
vote.

— the Centre's annual budgets,

— the annual reports,

— the organisational structure, personnel policy and organi-

sation chart.

3.
The Director shall be responsible for submitting annual
accounts for adoption by the Executive Board and forwarding to
the Committee for final approval. The Committee shall be
responsible
the
execution of the annual budgets.

for granting the Director discharge

for

The Director shall lay down the Centre's internal operating

4.
procedures and inform the Executive Board thereof.

Article 9

Executive Board

6.

Confidential minutes shall be taken of each meeting.

The members of the Executive Board shall be bound, even
to divulge information covered by
take

7.
after leaving office, not
professional
instructions from third Parties.

secrecy. They

shall neither

seek nor

The Executive Board shall adopt its rules of procedures.

Article 10

Members of the Executive Board

1.
The members appointed to the Executive Board shall be
persons with established reputation and shall possess an in-
depth knowledge of the issues and objectives of ACP-EU devel-
opment cooperation and of the machinery and instruments set
up under the Agreement.

1.
The Executive Board, a supervisory body established in
accordance with Article 2(6)(a) and (7) of Annex III to the
Agreement,
from the private
sector,
them ACP nationals and three European
three of
Union nationals.

shall comprise six members

2.
The members shall have proven experience in the sector
of private enterprise. They shall conduct their activities in a
manner consistent with their responsibilities and the Centre's
objectives.

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The members shall have an in-depth knowledge of English

3.
or French.

6. adopt

the annual accounts
Committee for approval; and

for

submission to the

4.
The position of member of the Executive Board shall be
incompatible with any other activity remunerated by the Centre.

5.
Undertakings in which members of the Executive Board
hold shares shall not be eligible for the programmes and
activities financed by the Centre.

7. approve the annual reports and forward them to the
Committee so that the Committee can verify that the
Centre's activities are consistent with the objectives
assigned it by the Agreement and with the overall
strategy adopted.

Article 11

Tasks of the Executive Board

(c) report, if necessary, to the Committee on any major issue

arising in the exercise of its duties.

1.
The Executive Board shall exercise close supervision over
the Centre's activities. It shall hold up to four ordinary meetings
a year. It may also meet whenever the performance of its tasks
demands, at the initiative of the Committee or the Chair or at
the request of the Director of the Centre.

3.
The Executive Board shall forward the annual accounts to
the Committee for final approval. The Committee shall be
responsible for granting the Director discharge for the annual
budgets.

2.

The Executive Board shall:

(a) advise and support the Director in the management of the
Centre and see that the rules and objectives laid down by
the Committee are being applied properly;

4.
The Director of the Centre shall take part in the Executive
Board's activities in an advisory capacity. The Centre shall
provide secretarial services to the Executive Board.

(b) on the proposal of the Director of the Centre:

The Executive Board may invite other members of the
5.
management or staff of the Centre and/or outside experts to
give opinions on specific matters.

1. adopt the Centre's overall strategy for submission to the

Committee for approval;

The Executive Board shall be

6.
Committee.

accountable

to the

2. approve annual and multiannual activity programmes;

3. approve the organisational structure, personnel policy

and the organisation chart;

4. approve the recruitment of new staff and the renewal,
the contracts of existing

extension or termination of
staff;

7.
The Executive Board shall choose, after competitive
tendering by at least three companies, a professional firm of
auditors of international repute, for a period of three financial
years. That firm shall check that the accounts have been drawn
up in accordance with international accounting standards and
accurately reflect the Centre's financial situation. It shall also
state whether the Centre's finances have been soundly managed.

5. adopt the Centre's annual budgets for submission to the

Committee for approval;

The ACP States, the Member States and the Community shall be
bound, each to the extent to which it is concerned, to take the
measures necessary to implement this Decision.

Article 12

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Article 13

Entry into force

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 20 July 2005.

For the ACP-EC Committee of Ambassadors
The President

F. J. WAHNON FERREIRA