CELEX: 21985D0301(01)
Language: en
Date: 1985-02-22 00:00:00
Title: Decision No 2/85 of the ACP-EEC Council of Ministers of 22 February 1985 on transitional measures valid from 1 March 1985

No L 61 / 2                            Official Journal of the European Communities                                         1 . 3 . 85
                           DECISION No 2 / 85 OF THE ACP-EEC COUNCIL OF MINISTERS
                                                     of 22 February 1985
                                     on transitional measures valid from 1 March 1985
THE ACP-EEC COMMITTEE OF AMBASSADORS ,                                       Chapter 1 of Title III must be submitted not
                                                                             later than 31 October 1985 ;
Having regard to the second ACP-EEC Convention                        (d) the provisions on investment in Title IV ;
signed at Lome on 31 October 1979 , and in particular
Article 188 ( 3 ) thereof,
                                                                       ( e ) the provisions on industrial cooperation in
                                                                             Title V ;
Having regard to Decision No 7 / 84 of the ACP-EEC
Council of Ministers of 19 December 1984 delegating                   ( f) the provisions on agricultural cooperation in
powers to the ACP-EEC Committee of Ambassadors in                            Title VI ;
connection with the adoption of transitional measures
upon expiry of the second ACP-EEC Convention ,
                                                                       ( g ) the provisions on financial and technical
                                                                             cooperation in Title VII ;
Having regard to the Agreement on products within the
province of the European Coal and Steel Community
signed in Lom£ on 31 October 1979 ,                                    ( h ) the provisions on the least developed ,
                                                                             landlocked and island ACP States in Title VIII ;
Whereas appropriate transitional measures , to apply
until the entry into force of the third ACP-EEC                        ( i ) the provisions relating to payments and capital
                                                                             movements , establishment and services in
Convention , signed in Lom6 on 8 December 1984 ,
                                                                             Title IX ;
should be adopted to maintain in force the relevant
provisions of the second ACP-EEC Convention ,
                                                                      (j ) the general and final provisions in Articles 179 ,
                                                                             180 , 184 , 185 , 186 , 188 ( 3 ), 189 , 190 , 191 and
                                                                             in Protocol 3 .
HAS DECIDED AS FOLLOWS :
                                                                  2 . The Agreement on products within the province of
                           Article 1
                                                                      the European Coal and Steel Community signed at
                                                                      Lome on 31 October 1979 .
The following provisions and the acts adopted pursuant
thereto shall remain applicable after 28 February 1985
until the entry into force of new provisions relating to                                       Article 2
the same areas , and until 28 February 1986 at the
latest, unless an extension is decided by common
accord :                                                          From 1 March 1985 until the entry into force of the
                                                                  new provisions on the same subject and not later than
                                                                  28 February 1986 , unless an extension is decided by
1 . As regards the second ACP-EEC Convention :                    common accord , the provisions on trade cooperation in
                                                                  Chapters 1 and 2 of Title I , of the second ACP-EEC
                                                                  Convention and those of Protocol 1 annexed to that
     ( a ) subject to Article 4 of this Decision , the            Convention shall apply between the Community and
           provisions on trade cooperation in Title I and         any new ACP State signatory to the third ACP-EEC
           Protocol 1 ;                                           Lome Convention .
     ( b ) subject to the second paragraph of Article 8 of
           this Decision , the provisions on the export
           earnings stabilization system in Chapter 1 of                                       Article 3
           Title II ;
                                                                  The provisions on institutions in Articles 22 , 23 , 24
     (c) the provisions on mineral products in Title III ;        and 25 of the third ACP-EEC Convention signed on
           however, requests for financial aid pursuant to        8 December 1984 , those in Part Four of the said
 ---pagebreak--- 1 . 3 . 85                           Official Journal of the European Communities                               No L 61 / 3
 Convention , in Protocol 2 annexed thereto , the               second ACP-EEC Convention shall continue to be
 provisions in Article 284 of that Convention concerning        implemented as provided for in that Convention .
 the procedure to be followed when a State accedes to
 the Community and the provisions in Annexes I and IX           Article 35 of the said Convention shall continue to
 of the Final Act of that Convention shall be applicable        apply , except for the duration of validity , which shall be
 in advance from 1 March 1985 , except for the third            extended until the third ACP-EEC Convention enters
 paragraph of Annex IX and the joint declaration on             into force .
 Article 2 of Protocol 2 contained in Annex XXXI .
                                                                The new provisions in Article 160 of the third
                                                                ACP-EEC Convention , on the method of calculating the
                           Article 4                            transfer bases in ECU , shall be applied in advance for
                                                                the 1984 year of application .
The provisions concerning the procedure for derogating
from the rules of origin , contained in Article 30 of
Protocol 1 to the third ACP-EEC Convention , shall be                                    Article 9
applied in advance as from 1 March 1985 .
                                                                Financial and technical cooperation and the system
However, requests that have at present already been             providing aid for mining projects and programmes
lodged shall be examined in accordance with the                 under the second ACP-EEC Convention shall continue
procedures of the second Convention .                           to be implemented as provided for in that Convention .
                                                                In accordance with Article 137 ( 3 ) ( c) and by way of
                           Article 5                            derogation from Article 154 of the second ACP-EEC
                                                                Convention , the Community is hereby authorized to
The Committee on Industrial Cooperation is hereby               continue fulfilling its commitments in respect of
authorized to exercise the powers necessary to ensure           emergency aid and risk capital until the third ACP-EEC
the continued operation of the Centre for the                   Convention enters into force .
Development of Industry until the entry into force of the
third ACP-EEC Convention and to prepare the entry               In order that the Council of Ministers may take the
into force of the new provisions , and in particular to set     decision provided for in Article 51 ( 2 ) of the second
up the Governing Board provided for in Article 73 of            ACP-EEC Convention concerning the allocation of any
that Convention .                                               balances remaining from the overall amount of the
                                                                special financing facility with all the necessary
                                                                information to hand , the time limit set in that Article
                          Article 6
                                                                shall be extended until 28 February 1986 . However, the
                                                                appraisal of requests pending may be completed .
Under the authority of the Committee of Ambassadors
the Subcommittee on Cooperation for Agricultural and
Rural Development shall exercise the powers necessary                                   Article 10
to ensure the continued operation of the Technical
Centre for Agricultural and Rural Cooperation until the         The ACP States , the Member States and the Community
entry into force of the third ACP-EEC Convention and            shall , each to the extent concerned, take the measures
to prepare for the introduction of new provisions , and         necessary to implement this Decision .
in particular to set up the Advisory Committee provided
for in Article 37 ( 6 ) thereof.
                                                                                        Article 11
                                                                This Decision shall enter into force on 1 March 1985 .
                          Article 7
Article 47 of the third ACP-EEC Convention relating to          Done at Brussels , 22 February 1985 .
the Agricultural Commodities Committee shall apply
from 1 March 1985 .
                                                                              For the ACP-EEC Council of Ministers
                                                                           By the ACP-EEC Committee of Ambassadors
                          Article 8
                                                                                            The President
The export earnings stabilization system under the                                           P. CALAMIA