CELEX: 51996PC0069
Language: en
Date: 1996-02-21
Title: Proposal for a COUNCIL DECISION on a framework procedure for implementing Article 366a of the Fourth Lomé Convention

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51996PC0069

Proposal for a COUNCIL DECISION on a framework procedure for implementing Article 366a of the Fourth Lomé Convention  /* COM/96/0069 FINAL - AVC 96/0050 */  

Official Journal C 119 , 24/04/1996 P. 0007

Proposal for a  Council Decision on a framework procedure for implementing Article 366a of the Fourth Lomé  Convention(96/C  119/06)COM(96) 69 final - 96/050(AVC)(Submitted by the Commission on 26  February 1996)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 238  thereof, Having regard to the proposal from the Commission, Having regard to the assent of the European Parliament, Whereas Community development cooperation policy contributes, in accordance with Article 130u of  the Treaty establishing the European Community, to the general objective of developing and  consolidating democracy and the rule of law and to that of respecting human rights and fundamental  freedoms; Whereas Article 5 of the Agreement signed in Mauritius on 4 November 1995 amending the Fourth  ACP-EC Convention signed in Lomé on 15 December 1989 (hereinafter referred to as 'the Convention`)  stipulates that respect for human rights, democratic principles and the rule of law are essential  elements of the Convention; Whereas pursuant to Article 366a of the Convention the Party which considers that another Party has  failed to fulfil an obligation in respect of one of the essential elements referred to in Article 5  may invite the other Party to hold consultations and, in certain circumstances, take appropriate  steps, including, where necessary, the partial or full suspension of application of the Convention  to the Party concerned; Whereas an effective procedure should be adopted when it is intended to take appropriate measures; Whereas pursuant to Article 366a of the Convention the term 'Party` means the Community and the EU  Member States, of the one part, and each ACP State, of the other part; Whereas in fields covered by the Convention and falling within their jurisdiction, Member States  may adopt in parallel a decision authorizing the Council, if need be, also to cover these fields in  adopting decisions pursuant to Articles 1 and 2 of this Decision, HAS DECIDED AS FOLLOWS: Article 1 Where, at the initiative of the Commission or a Member State, the  Council considers that an ACP State has failed to fulfil an obligation concerning one of the  essential elements referred to in Article 5 of the Lomé Convention, the ACP State concerned shall  be invited, except in cases of special urgency, to hold consultations in accordance with Article  366a (1) of the Convention. The Council shall act by a qualified majority. Article 2 If, on expiry of the deadline set in Article 366a for the consultations and despite all  efforts, no solution has been found - either immediately in a case of urgency or refusal to hold  consultations - the Council may, pursuant to that same Article, decide, on a proposal from the  Commission, to take appropriate steps acting by a qualified majority. The Council's Decision shall enter into force on the day of its publication. The Decision and any  amendment thereto shall be communicated forthwith to the European Parliament. The President of the Council shall notify the measures thus adopted to the ACP State concerned  before they enter into force. Where these measures are adopted immediately, notification thereof  shall be addressed to the ACP State at the same time as an invitation to hold consultations. Article 3 This Decision shall take effect on the day following that of its adoption.