41976A0164

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INTERNAL AGREEMENT

ON THE MEASURES AND PROCEDURES REQUIRED FOR IMPLEMENTATION OF THE ACP-EEC CONVENTION OF LOME

( 76/164/EEC )

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY , MEETING IN THE COUNCIL ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ( HEREINAFTER CALLED THE " TREATY " ) AND THE ACP-EEC CONVENTION OF LOME SIGNED ON 28 FEBRUARY 1975 ( HEREINAFTER CALLED THE " CONVENTION " ) ;

WHEREAS THE REPRESENTATIVES OF THE COMMUNITY WILL HAVE TO ADOPT COMMON POSITIONS IN THE COUNCIL OF MINISTERS PROVIDED FOR BY THE CONVENTION ( HEREINAFTER CALLED THE " COUNCIL OF ACP-EEC MINISTERS " ) ; WHEREAS , MOREOVER , IMPLEMENTATION OF THE DECISIONS , RECOMMENDATIONS AND OPINIONS OF THIS COUNCIL MAY REQUIRE , WHERE APPROPRIATE , ACTION BY THE COMMUNITY , JOINT ACTION BY THE MEMBER STATES OR ACTION BY A MEMBER STATE ;

WHEREAS THE COMMON POSITIONS TO BE ADOPTED BY THE REPRESENTATIVES OF THE COMMUNITY IN THE FIELDS FOR WHICH THE LATTER IS COMPETENT WILL BE ADOPTED IN ACCORDANCE WITH THE PROVISIONS OF THE TREATY , WHICH WILL ALSO BE APPLICABLE FOR THE ADOPTION OF THE MEASURES IMPLEMENTING THOSE DECISIONS , RECOMMENDATIONS AND OPINIONS OF THE COUNCIL OF ACP-EEC MINISTERS WHICH RESULT FROM COMMUNITY ACTION IN THE SAME FIELDS ; WHEREAS , MOREOVER , IT WILL BE FOR THE COUNCIL OF THE EUROPEAN COMMUNITIES TO LAY DOWN IN A REGULATION DETAILED RULES FOR IMPLEMENTING THE SAFEGUARD MEASURES PROVIDED FOR IN ARTICLE 10 OF THE CONVENTION ;

WHEREAS , ON THE OTHER HAND , IT IS NECESSARY FOR THE MEMBER STATES TO SPECIFY THE CONDITIONS FOR DETERMINING , IN THE FIELDS FOR WHICH THEY ARE COMPETENT , THE COMMON POSITIONS TO BE ADOPTED BY THE REPRESENTATIVES OF THE COMMUNITY WITHIN THE COUNCIL OF ACP-EEC MINISTERS ; WHEREAS , IN THE SAME FIELDS , IT WILL ALSO BE FOR THEM TO TAKE THE MEASURES IMPLEMENTING SUCH DECISIONS , RECOMMENDATIONS AND OPINIONS OF THAT COUNCIL AS MAY REQUIRE JOINT ACTION BY THE MEMBER STATES OR ACTION BY A MEMBER STATE ;

WHEREAS PROCEDURES SHOULD ALSO BE LAID DOWN WHEREBY MEMBER STATES MAY SETTLE ANY DISPUTES WHICH MAY ARISE BETWEEN THEM WITH REGARD TO THE CONVENTION ;

AFTER CONSULTING THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVE AGREED AS FOLLOWS :

ARTICLE 1

1 . THE COMMON POSITION TO BE SUPPORTED BY THE REPRESENTATIVES OF THE COMMUNITY IN THE COUNCIL OF ACP-EEC MINISTERS WHEN THE LATTER CONSIDERS MATTERS FOR WHICH THE MEMBER STATES ARE COMPETENT SHALL BE ADOPTED BY THE COUNCIL , ACTING UNANIMOUSLY AFTER CONSULTING THE COMMISSION .

2 . WHERE , PURSUANT TO ARTICLE 75 OF THE CONVENTION , THE COUNCIL OF ACP-EEC MINISTERS ENVISAGES DELEGATING TO THE COMMITTEE OF AMBASSADORS , PROVIDED FOR BY THE CONVENTION , THE POWER TO TAKE DECISIONS OR PUT FORWARD RECOMMENDATIONS OR OPINIONS IN THE FIELDS FOR WHICH THE MEMBER STATES ARE COMPETENT , THE COMMON POSITION SHALL BE ADOPTED BY THE COUNCIL , ACTING UNANIMOUSLY AFTER CONSULTING THE COMMISSION .

3 . COMMON POSITIONS WHICH THE REPRESENTATIVES OF THE COMMUNITY SUPPORT IN THE COMMITTEE OF AMBASSADORS SHALL BE ADOPTED UNDER THE SAME CONDITIONS AS THOSE LAID DOWN IN PARAGRAPH 1 .

ARTICLE 2

1 . DECISIONS AND RECOMMENDATIONS ADOPTED BY THE COUNCIL OF ACP-EEC MINISTERS IN THE FIELDS FOR WHICH THE MEMBER STATES ARE COMPETENT SHALL BE IMPLEMENTED BY ACTS ADOPTED BY THE LATTER .

2 . PARAGRAPH 1 SHALL ALSO APPLY IN RESPECT OF DECISIONS AND RECOMMENDATIONS ADOPTED BY THE COMMITTEE OF AMBASSADORS PURSUANT TO ARTICLE 77 OF THE CONVENTION .

ARTICLE 3

ANY TREATY , CONVENTION , AGREEMENT OR ARRANGEMENT , OR ANY PART OF A TREATY , CONVENTION , AGREEMENT OR ARRANGEMENT , OF WHATEVER FORM OR NATURE , WHICH HAS BEEN OR WILL BE CONCLUDED BETWEEN ONE OR MORE MEMBER STATES AND ONE OR MORE ACP STATES AND WHICH CONCERNS MATTERS DEALT WITH IN THE CONVENTION , SHALL BE COMMUNICATED AS SOON AS POSSIBLE BY THE MEMBER STATE OR STATES CONCERNED TO THE OTHER MEMBER STATES AND TO THE COMMISSION .

AT THE REQUEST OF A MEMBER STATE OR OF THE COMMISSION , ANY TEXTS SO COMMUNICATED SHALL BE DISCUSSED BY THE COUNCIL .

ARTICLE 4

IF A MEMBER STATE CONSIDERS IT NECESSARY TO INVOKE ARTICLE 81 OF THE CONVENTION ON MATTERS FOR WHICH THE MEMBER STATES ARE COMPETENT , IT SHALL FIRST CONSULT THE OTHER MEMBER STATES .

IF THE COUNCIL OF ACP-EEC MINISTERS HAS TO REACH A DECISION ON THE ACTION BY THE MEMBER STATE REFERRED TO IN THE FIRST PARAGRAPH , THE POSITION TO BE TAKEN BY THE COMMUNITY SHALL BE THAT OF THE MEMBER STATE CONCERNED , UNLESS THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES , MEETING IN THE COUNCIL , DECIDE OTHERWISE .

ARTICLE 5

DISPUTES ARISING BETWEEN MEMBER STATES CONCERNING THE CONVENTION , THE PROTOCOLS ANNEXED THERETO OR THE INTERNAL AGREEMENTS SIGNED FOR ITS IMPLEMENTATION SHALL , AT THE REQUEST OF THE PARTY MAKING THE COMPLAINT , BE SUBMITTED TO THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES UNDER THE CONDITIONS LAID DOWN IN THE TREATY AND IN THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE ANNEXED TO THE TREATY .

ARTICLE 6

AFTER CONSULTING THE COMMISSION , THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES , MEETING IN THE COUNCIL , MAY AT ANY TIME AMEND OR SUPPLEMENT THIS AGREEMENT .

ARTICLE 7

THIS AGREEMENT SHALL BE APPROVED BY EACH MEMBER STATE IN ACCORDANCE WITH ITS OWN CONSTITUTIONAL REQUIREMENTS . THE GOVERNMENT OF EACH MEMBER STATE SHALL NOTIFY THE SECRETARIAT OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF THE COMPLETION OF THE PROCEDURES REQUIRED FOR THE ENTRY INTO FORCE OF THE AGREEMENT .

PROVIDED THAT THE CONDITIONS OF THE FIRST PARAGRAPH HAVE BEEN COMPLIED WITH , THIS AGREEMENT SHALL ENTER INTO FORCE AT THE SAME TIME AS THE CONVENTION . IT SHALL REMAIN IN FORCE FOR THE DURATION OF THAT CONVENTION .

ARTICLE 8

THIS AGREEMENT , DRAWN UP IN A SINGLE ORIGINAL IN THE DANISH , DUTCH , ENGLISH , FRENCH , GERMAN AND ITALIAN LANGUAGES , ALL SIX TEXTS BEING EQUALLY AUTHENTIC , SHALL BE DEPOSITED IN THE ARCHIVES OF THE SECRETARIAT OF THE COUNCIL OF THE EUROPEAN COMMUNITIES , WHICH SHALL TRANSMIT A CERTIFIED COPY TO EACH OF THE GOVERNMENTS OF THE SIGNATORY STATES .

UDFAERDIGET I BRUXELLES , DEN ELLEVTE JULI NITTEN HUNDREDE OG FEMOGHALVFJERDS .

GESCHEHEN ZU BRUESSEL AM ELFTEN JULI NEUENZEHNHUNDERTFUENFUNDSIEBZIG .

DONE AT BRUSSELS ON THE ELEVENTH DAY OF JULY IN THE YEAR ONE THOUSAND NINE HUNDRED AND SEVENTY-FIVE .

FAIT A BRUXELLES , LE ONZE JUILLET MIL NEUF CENT SOIXANTE-QUINZE .

FATTO A BRUXELLES , ADDI UNDICI LUGLIO MILLENOVECENTOSETTANTACINQUE .

GEDAAN TE BRUSSEL , ELF JULI NEGENTIENHONDERDVIJFENZEVENTIG .