) OF THE SECOND ACP-EEC CONVENTION . THAT CONVENTION WAS DULY ENTERED INTO BY THE COMMUNITY AND MUST THEREFORE BE REGARDED AS AN INTEGRAL PART OF THE COMMUNITY LEGAL ORDER , AS THE COURT HAD OCCASION TO EMPHASIZE , IN CONNECTION WITH AN AGREEMENT CONCLUDED UNDER SIMILAR CIRCUMSTANCES , IN ITS JUDGMENT OF 30 APRIL 1974 ( CASE 181/73 HAEGEMAN V BELGIAN STATE ( 1974 ) ECR 449 ).
21 ACCORDING TO ARTICLE 95 OF THE CONVENTION , PROJECTS AND PROGRAMMES ENVISAGED BY TITLE VII ARE TO BE FINANCED BY THE EUROPEAN DEVELOPMENT FUND , THE ADMINISTRATION OF WHICH IS ENTRUSTED TO THE COMMISSION .
22 UNDER THE TERMS OF ARTICLE 108 , ' ' OPERATIONS FINANCED BY THE COMMUNITY ARE TO BE IMPLEMENTED BY THE ACP STATES AND THE COMMUNITY IN CLOSE COOPERATION , THE CONCEPT OF EQUALITY BETWEEN THE PARTIES BEING RECOGNIZED . ' ' THE SAME ARTICLE DEFINES THE RESPONSIBILITIES REGARDING THE ADMINISTRATION OF THE PROGRAMME OF FINANCIAL AND TECHNICAL COOPERATION WHICH ARE TO BE BORNE BY THE ACP STATES , THE ACP STATES AND THE COMMUNITY JOINTLY AND THE COMMUNITY . FOR THE PURPOSES OF THE PRESENT CASE IT SHOULD BE POINTED OUT IN THAT REGARD THAT :
THE ACP STATES ARE RESPONSIBLE FOR CHOOSING THE PROJECTS , FOR PRESENTING THEM FOR COMMUNITY FINANCING , FOR PREPARING , NEGOTIATING AND CONCLUDING CONTRACTS AND FOR IMPLEMENTING PROJECTS ( ARTICLE 108 ( 2 ) ( B ) ( D ) AND ( E ));
THE ACP STATES AND THE COMMUNITY ARE JOINTLY RESPONSIBLE FOR APPRAISING PROJECTS , FOR TAKING THE NECESSARY IMPLEMENTING MEASURES TO ENSURE EQUALITY OF CONDITIONS FOR PARTICIPATION IN INVITATIONS TO TENDER AND CONTRACTS AND FOR ENSURING THAT THE PROJECTS FINANCED BY THE COMMUNITY ARE EXECUTED IN ACCORDANCE WITH THE ARRANGEMENTS DECIDED UPON AND WITH THE PROVISIONS OF THE CONVENTION ( ARTICLE 108 ( 4 ) ( C ) ( D ) AND ( F ));
THE COMMUNITY IS RESPONSIBLE FOR PREPARING AND TAKING FINANCIAL DECISIONS ON PROJECTS ( ARTICLE 108 ( 5 )).
23 ARTICLES 111 , 112 AND 113 LAY DOWN DETAILED PROVISIONS CONCERNING THE APPRAISAL OF PROJECTS . ARTICLE 111 PROVIDES THAT PREPARATION OF THE DOSSIERS IS TO BE THE RESPONSIBILITY OF THE ACP STATES CONCERNED AND ARTICLE 112 PROVIDES THAT APPRAISAL OF PROJECTS IS TO BE UNDERTAKEN IN CLOSE COLLABORATION BETWEEN THE COMMUNITY AND THE ACP STATES . ARTICLE 113 ADDS THAT THE CONCLUSIONS OF THE APPRAISAL ARE TO BE SUMMARIZED IN A FINANCING PROPOSAL , WHICH IS TO SERVE AS THE BASIS FOR THE COMMISSION ' S DECISION . ACCORDING TO ARTICLE 113 ( 2 ), THE FINANCING PROPOSALS ARE TO BE DRAWN UP BY THE RELEVANT DEPARTMENTS OF THE COMMUNITY AND TRANSMITTED TO THE ACP STATES CONCERNED . ARTICLE 115 PROVIDES THAT THE FINANCING PROPOSAL IS TO BE THE SUBJECT OF A FINANCING AGREEMENT BETWEEN THE COMMISSION , ACTING ON BEHALF OF THE COMMUNITY , AND THE ACP STATE CONCERNED .
24 UNDER THE TERMS OF ARTICLE 120 , IT