2008/991/EC: Decision No 3/2008 of the ACP-EC Council of Ministers of 15 December 2008 to adopt amendments to Annex IV to the Partnership Agreement
Date: 2008-12-15
Institutions: ACP Council of Ministers
Subjects: ACP countries, ACP-EU Convention, Africa, Cotonou Agreement, Luxembourg, anti-discriminatory measure, equal treatment, harmonisation of standards, market stabilisation, third country

31.12.2008

EN

Official Journal of the European Union

L 352/59

ACP-CE COUNCIL OF MINISTERS

DECISION No 3/2008 OF THE ACP-EC COUNCIL OF MINISTERS

of 15 December 2008

to adopt amendments to Annex IV to the Partnership Agreement

(2008/991/EC)

THE ACP-EC COUNCIL OF MINISTERS,

(4)

It is therefore appropriate to amend Annex IV to the
ACP-EC Partnership Agreement accordingly,

Having regard to the Partnership Agreement between the
the African, Caribbean and Pacific Group of
members of
States (‘the ACP States’), of the one part, and the European
Community and its Member States, of the other part, signed
in Cotonou (Benin) on 23 June 2000 and revised in
Luxembourg on 25 June 2005 (‘the ACP-EC Partnership
Agreement’) (1), and in particular Articles 15.3, 81 and 100
thereof,

Having regard to the recommendation of the ACP-EC Develop­
ment Finance Cooperation Committee,

Whereas:

(1)

(2)

(3)

In order to improve efficiency and to promote harmoni­
sation, a series of provisions were incorporated into
Annex
IV to the ACP-EC Partnership Agreement
regarding management procedures and implementation.
However, the provisions of Annex IV concerning the
awarding and performance of contracts remained under
discussion.

the

signature of

The
revised ACP-EC Partnership
Agreement on 25 June 2005 was accompanied by
Declaration No VIII, under the title ‘Joint Declaration
on Article 19a of Annex IV’, which states ‘In accordance
with Article 100 of the Cotonou Agreement, the Council
of Ministers will examine the provisions of Annex IV
concerning the awarding and performance of contracts
with a view to adopting them before the Agreement
amending the Cotonou Agreement enters into force’.

The text for the new Article 19c replacing Articles 21,
23, 25, 27, 28 and 29 of Annex IV fulfils the objectives
of
simplification, clarification and harmonisation of
procurement and management procedures governing
contracts which are funded by the European Community.

(1) OJ L 287, 28.10.2005, p. 4.

HAS DECIDED AS FOLLOWS:

Article 1

Annex IV to the ACP-EC Partnership Agreement
amended as follows:

is hereby

1. Articles 21, 23, 25, 27, 28 and 29 shall be deleted;

2. the following Article shall be inserted:

‘Article 19c

Awarding contracts, awarding grants and performing
contracts

1.
Except as provided for in Article 26, contracts and
grants shall be attributed and implemented according to
Community rules and, except in the specific cases provided
for by these rules, according to the standard procedures and
documentation set and published by the Commission for the
implementing cooperation actions with third
purposes of
the time the procedure in
countries and in force at
question is launched.

In decentralised management, where a joint assessment
2.
shows that the procedures for awarding contracts and grants
in the ACP State or the recipient region or the procedures
approved by the fund providers are in accordance with the
principles of transparency, proportionality, equal treatment
and non-discrimination and preclude any kind of conflict of
interest,
in
Paris Declaration and without
accordance with
prejudice
rules
respect of
governing the exercise of its powers in this field.

the Commission shall use these procedures,

to Article 26,

in full

the

the

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Official Journal of the European Union

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The ACP State or recipient region shall undertake to
3.
check regularly that the operations financed by the Fund
appropriate
have been properly implemented,
measures
if
and,
irregularities
necessary, to take legal action to recover unduly paid funds.

to take
and fraud,

to prevent

4.
In decentralised management, contracts are negotiated,
established, signed and performed by the ACP States. These
States may, however, call upon the Commission to negotiate,
establish, sign and perform contracts on their behalf.

5.
Pursuant to the commitment referred to in Article 50
of this Agreement, contracts and grants financed from Fund
resources shall be performed in accordance with interna­
tionally recognised basic standards in the field of labour law.

6.
An expert group of representatives of the Secretariat of
the ACP Group of States and the Commission shall be set up
to identify, at the request of one or other of the parties, any
appropriate alterations and to suggest amendments and
improvements to the rules and procedures referred to in
paragraphs 1 and 2.

This group shall also submit a periodic report to the ACP-EC
Development Finance Cooperation Committee to assist it in
its task of examining the problems surrounding the im­
plementation of development cooperation activities and
proposing appropriate measures.’

Article 2

The procedure for adoption of the present Decision within the
ACP-EC Council of Ministers shall be a written procedure.

Done at Brussels, 15 December 2008.

The Chairman
of the ACP-EC Committee of Ambassadors by
delegation, for the ACP-EC Council of Ministers

P. SELLAL