2006/878/EC: Decision No 4/2006 of the ACP-EC Committee of Ambassadors of 27 September 2006 on the Statutes and Rules of Procedure of the Technical Centre for Agricultural and Rural Cooperation (CTA)
Date: 2006-09-27
Institutions: ACP Committee of Ambassadors
Subjects: ACP countries, agricultural policy, dissemination of information, rules of procedure, rural development

L 350/10

EN

Official Journal of the European Union

12.12.2006

DECISION No 4/2006 OF THE ACP-EC COMMITTEE OF AMBASSADORS

of 27 September 2006

on the Statutes and Rules of Procedure of the Technical Centre for Agricultural and Rural Cooperation
(CTA)

(2006/878/EC)

THE ACP-EC COMMITTEE OF AMBASSADORS,

Having regard to the Partnership Agreement between the mem-
bers 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 (1) (here-
inafter referred to as the Agreement), and in particular Article 3(4)
of Annex III thereto,

Having regard to the Internal Agreement of 18 September 2000
between Representatives of the Governments of the Member
States, meeting within the Council, on the Financing and Admin-
istration of Community aid under the Financial Protocol to the
Partnership Agreement between the African, Caribbean and
Pacific States and the European Community and its Mem-
ber States signed in Cotonou (Benin) on 23 June 2000 and the
allocation of financial assistance for the Overseas Countries and
Territories to which Part Four of the EC Treaty applies (2),

Whereas:

(1)

Article 3(4) of Annex III to the Agreement requires the
Committee of Ambassadors to lay down, after the signa-
ture of the Agreement, the Statutes and Rules of Proce-
dure of the Technical Centre for Agricultural and Rural
Cooperation (hereinafter referred to as the Centre), includ-
ing its supervisory bodies. An Executive Board should be
set up to act as a supervisory body for the Centre, within
to the
the meaning of Article 3(4)(a) of Annex III
Agreement.

(2)

The second paragraph of Article 1 of Protocol 2 on privi-
leges and immunities to the Agreement extends such privi-
leges and immunities to the staff of the Centre,

HAS DECIDED AS FOLLOWS:

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

3.

The Centre shall be non-profit-making.

The Centre’s headquarters shall provisionally be situated in

4.
Wageningen (Netherlands), with a local office in Brussels.

Article 2

The Centre’s
Article 3(1), 3(2) and 3(3) of Annex III to the Agreement.

functions and objectives are laid down by

The Centre shall define the details of these objectives in an over-
all strategy paper.

Article 3

1.
The Committee of Ambassadors shall be the supervisory
authority of the Centre in accordance with Article 3(4) and 3(5)
of Annex III to the Agreement.

An Executive Board shall be set up in accordance with

2.
Article 4 of this Decision.

3.
The Centre shall perform its activities in close cooperation
with the institutions and other bodies referred to in the Agree-
ment or the annexed declarations. The Centre may, where neces-
sary, call upon regional and international institutions, particularly
those which are situated in the Community or ACP States and
which deal with matters relating to agricultural and rural
development.

Article 1

The Centre’s activities shall be periodically evaluated on the

4.
Executive Board’s initiative.

1.
The Centre shall have legal personality and shall enjoy in
all States party to the Agreement the most extensive legal capac-
ity accorded to legal persons under their laws.

Article 4

(1) OJ L 317, 15.12.2000, p. 3. Agreement as last amended by the Agree-
ment signed in Luxembourg on 25 June 2005 (OJ L 287, 28.10.2005,
p. 4).

(2) OJ L 317, 15.12.2000, p. 355.

1.
An Executive Board shall be set up to support, monitor and
control the technical, administrative and financial aspects of all
the Centre’s activities.

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Official Journal of the European Union

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The Executive Board shall be composed, on a parity basis,
2.
of six members who are appointed on account of their personal
and professional qualifications in the fields of agriculture and
rural development and/or information and communication poli-
cies, science, management and technology. They shall carry out
their tasks independently, may not seek or take any instructions
from third parties and shall act solely in their personal capacity
in the interests of the CTA.

3.
The members of the Executive Board shall be nationals of
the States party to the Agreement and shall be selected by the
parties concerned on the basis of the qualification requirements.
Their appointment shall be confirmed by the Committee of
Ambassadors. The six members shall be appointed by the Com-
mittee of Ambassadors for a period of up to five years, subject
to a mid-term review.

10.

The Executive Board shall:

(a) give the Director advice and support in managing the Cen-
tre and ensure that the rules and objectives laid down by the
Committee of Ambassadors are properly implemented;

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

(i)

adopt the Centre’s overall strategy paper for submis-
sion to the Committee of Ambassadors for approval;

(ii)

approve annual and multi-annual work programmes;

4.
A representative of the Commission, a representative of the
General Secretariat of the Council of the European Union and a
representative of the ACP Secretariat shall be present at the delib-
erations of the Executive Board as observers.

(iii) approve the organisational structure, personnel policy

and the organisation chart;

(iv) approve the recruitment of new staff and the renewal,
extension or termination of existing staff contracts;

5.
The members of the Executive Board shall elect the Chair-
man and Vice-Chairman for a period of up to five years in accor-
dance with the provisions laid down in its Rules of Procedure.
The position of Chairman shall be filled by a person from the
party (ACP or Community) that has not provided the Centre’s
Director. The post of Vice-Chairman shall be filled by a person
from the party that has not provided the Chairman.

6.
The Executive Board shall take its decisions by a simple
majority of the members present or represented in accordance
with its Rules of Procedure. Each member of the Executive Board
shall have one vote. In the case of a split vote, the Chairman shall
cast the deciding vote.

7. Minutes shall be drawn up after each meeting. Discussions
in the Executive Board shall be confidential.

8.
The Executive Board shall closely monitor the Centre’s
activities. It shall hold up to four ordinary meetings a year. It
may also meet whenever needed in order to perform its duties,
at the Committee of Ambassadors’ or the President’s initiative or
at the request of the Director.

9.
The Director of the Centre shall play a consultative role in
the workings of the Executive Board. The Centre shall act as sec-
retariat to the Executive Board. The Executive Board may invite
other members of the Centre’s management and staff and/or
external experts to advise on specific questions.

(v)

approve the Centre’s annual budgets;

(vi) adopt the annual financial statements;

and

(vii) approve annual reports and forward them to the Com-
mittee of Ambassadors for verification that the Cen-
tre’s activities are consistent with the objectives laid
down by the Agreement and the overall strategy paper;

(c)

report to the Committee of Ambassadors on any important
matters that arise in the course of performing its duties.

The Executive Board shall be answerable to the Commit-

11.
tee of Ambassadors.

12.
Following a call for tenders the Executive Board shall select
from at least three bids an internationally recognised firm of audi-
tors for a period of three years. Those auditors shall examine
whether the annual financial statements have been drawn up
properly and in accordance with International Accounting Stan-
dards and give a true and fair overview of the financial situation
of the Centre. The auditors shall also comment on the sound-
ness of the Centre’s financial management.

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Official Journal of the European Union

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The Executive Board shall forward the annual financial
13.
statements to the Committee of Ambassadors for final approval.
The Committee of Ambassadors shall be responsible for discharg-
ing the Director in respect of the implementation of the budget.

14.

The Executive Board shall lay down its Rules of Procedure.

Article 5

The Centre shall be led by a Director appointed by the

1.
Committee of Ambassadors for a period of up to five years.

The Committee of Ambassadors shall instruct its co-chairmen to
sign the Director’s contract. The contract shall be drawn up and
managed in accordance with the rules applicable to the Centre’s
staff. The Committee of Ambassadors shall be empowered to take
any necessary decisions concerning the Director.

2.
The Director shall be the Centre’s legal representative and
shall implement the guidelines put in place by the Committee of
Ambassadors. The Director shall be answerable to the Commit-
tee of Ambassadors.

3.
After obtaining the agreement of the Executive Board, the
Director shall submit the Centre’s annual work programme and
budget, reflecting the Centre’s functions and objectives referred
to in Article 2, to the Committee of Ambassadors for approval.

The Director shall regularly give the Executive Board an

4.
account of the Centre’s activities.

5. Within nine months following the end of each calendar
year the Director shall present the Centre’s activities and accounts
in a report and shall submit it to the Committee of Ambassa-
dors, after obtaining the approval of the Executive Board.

6.
The Director shall be responsible for the organisation and
management of the Centre. The Director shall report to the
Executive Board on any measures concerning the Centre’s Rules
of Procedure which may be adopted to facilitate the application
of rules concerning the Centre.

Article 6

The Centre’s budget shall be funded in accordance with the rules
laid down by the Financial Protocol to the Agreement. The bud-
get may also be endowed with other resources.

Article 7

Statutes and Rules of Procedure of the Centre may be amended
by the Committee of Ambassadors on a recommendation from
the Executive Board.

Article 8

The ACP States, the Member States and the Community, as
appropriate, shall be required to take the necessary measures to
implement this Decision.

Article 9

Decision No 1/91 of the ACP-EEC Committee of Ambassadors
of 19 April 1991 concerning the rules of operations of the CTA,
Decision No 3/91 of the ACP-EEC Committee of Ambassadors
of 19 April 1991 laying down the Statutes and operating proce-
dures of the Advisory Committee of the CTA and Decision
No 2/97 of
the ACP-EC Committee of Ambassadors of
30 April 1997 modifying the latter, Decisions of the ACP-EC
Committee of Ambassadors No 1/2003 of 11 April 2003,
No 10/2003 of 23 December 2003 and No 6/2004 of
17 December 2004 appointing the members of the Advisory
Committee of the CTA are hereby repealed.

Article 10

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

Done at Brussels, 27 September 2006.

For the ACP-EC Committee of Ambassadors
The Chairman
R. MAKONGO