1999/214/EC: Council Decision of 11 March 1999 on the procedure for implementing Article 366a of the fourth ACP-EC Convention

COUNCIL DECISION of 11 March 1999 on the procedure for implementing Article 366a of the fourth ACP-EC Convention (1999/214/EC)
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 (1),
Having regard to the assent of the European Parliament (2),
Whereas Community development cooperation policy contributes, in accordance with Article 130u of the Treaty, 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 fourth ACP-EC Convention signed in Lomé on 15 December 1989 and amended by the Agreement signed in Mauritius on 4 November 1995 hereinafter referred to as 'the Convention`, stipulates that respect for human rights, democratic principles and the rule of law constitutes an essential element 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 Member States of the European Union, of the one part, and each ACP State, of the other part;
Whereas in fields covered by the Convention and falling within the competence of Member States, the representatives of the Governments of the Member States meeting within the Council may authorise in parallel the Council, if need be, also to cover these fields in adopting decisions pursuant to Articles 1 and 2 of this Decision,