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			SUMMARY RECORD  OF THE 37TH SESSION OF THE ACP COUNCIL OF MINISTERS  HELD IN LOME, (TOGO) FROM 4TH TO 8 DECEMBER, 1984  ACP/25/034/84 [Rev.4l] Brussels, 13 June 1985

      OPENING

Initially scheduled for 4 to 6 December, the 37th ordinary session of the Council of Ministers was held from 4 to 8 December in Lome under the chairmanship of H.E. Mr. R.L. NAMALIU, Minister of Trade and Foreign Affairs of Papua New Guinea.

The opening ceremony of the 37th session of the Council of ACP Ministers was presided over by H.E. Mr. Yaovi ADODO, Minister of Planning and Industry of the Republic of Togo. The integral text of this intervention is attached (Annex 1).

In his opening statement, Hon. NAMALIU, Minister of Foreign Affairs and Trade of Papua New Guinea and President in-office of the Council thanked, on behalf of the ACP Group, the President of the Republic of Togo, H.E. General GNASSINGBE EYADEMA, the Government and people of Togo for the warm welcome and generous hospitality they accorded to all the ACP delegations. He further expressed gratefulness to the Government and people of Togo for agreeing to host the signing ceremony of the new ACP-EEC Convention, the Third Lome Convention.

The President of Council reminded delegates that the 37th session stood on a watershed between the expiry of the Second Lome Convention and the beginning of the Third. The meeting was taking place at a time of pervasive economic crisis in many ACP countries resulting in a degree of deprivation and famine unparalleled in recent experience. This situation called for serious reflection, vision, imagination and hard work.

Continuing, the President referred to the negotiations for a successor arrangement to Lome II Convention and noted that these negotiations had enabled the ACP to examine critically the performance of the Second ACP-EEC Convention in all the areas of cooperation. The experience gained in the implementation of Lome II Convention should guide the ACP Group in improving the performance of the Third Lome Convention.

The ACP Group, the President declared, had achieved some progress during the negotiations for the Third Lome Convention. Specifically, for the first time, a chapter on cooperation on Agricultural Commodities has been included in the Convention. Progress had been made, especially regarding:

- general rules of origin (automatic derogation);

- lowering Stabex thresholds, and

- raising of the total financial package to 8.5 billion ECUs, which represents a 7% increase on the Community's original offer. The President, however, pointed out that the amount was still insufficient to meet the objectives of the Convention.

With regard to institutional machinery, the President told the Council that it had been strengthened as a political body and, in addition, there would be a single Joint Assembly. The Centre for Industrial Development and the Agricultural Centre were being strengthened, he continued.

Concerning the instruments and procedures of implementation, the President advised that the ACP Memorandum of Negotiations for a Successor Arrangement to Lome II Convention should not be relegated to ACP archives. It would be useful throughout the implementation of the Lome III Convention as it sets out the Group's objectives and provides guidance for the interpretation of the aims and principles of the Group in the context of the new Convention.

The President referred to some areas of difficulty which gave concern to the ACP Group. These included drought and desertification, the problem of refugees, development of the agricultural commodities, sector of trade and services including tourism, the strengthening of the provision on mineral and energy development, fisheries development, social and cultural cooperation, treatment of students and migrant workers and maritime transport.

Finally, the President paid tribute to all those who contributed so much to the implemented of Lome II and to the negotiations for Lome III. He paid tribute to the Council of Ministers, especially his predecessors in-office, the Committee of Ambassadors and the ACP General Secretariat as well as other agencies which contributed to bringing the Group's work of a successful fruition.

1. The Council adopted the above draft after the inclusion of 2 new items relating to :

a) the problems of drought, desertification, hunger and other disasters in Africa and the plight of their victims;

b) Mozambique's request for accession to the Georgetown Agreement and inclusion on the list of least developed ACP countries.

II. Communication from the President

1. In his communication, the President informed Council of Mozambique's application to accede to the Georgetown Agreement and to be included on the list of least developed ACP countries.

2. Council noted the communication and agreed that the above request be included as a substantive item III b) on its agenda.

3. The President further stated that, at the Bureau meeting, the Pacific region had sought the ACP Group's permission to make a statement on the issue. Council took note of the request and decided that the ACP President raise the issue in his address during the signing ceremony.

III. a) Designation of a Rapporteur

1. The President informed Council that, after examining the above subject, the Bureau had decided to recommend the designation of Togo, the host country, as the Rapporteur to the 37th session of Council. This recommendation was unanimously adopted.

2. The following were designated by their regions to assist the Rapporteur:

- Lesotho (Southern Africa)

- Fiji (Pacific)

- Rwanda (Central Africa)

- Trinidad and Tobago (Caribbean)

3. The President then appealed to the East Africa region to appoint its representative as soon as possible.

b) Mozambique's request for accession to the Georgetown Agreement and inclusion on the list of the least developed ACP countries

1. Council unanimously agreed to Mozambique's request for accession to the Georgetown Agreement and inclusion on the list of the least developed countries.

2. The Secretariat was charged with making necessary arrangements for the inclusion of that country on the list of least developed ACP countries.

IV. Summary Record of the Special Session of the Council of ACP Ministers held in the framework of the ACP/EEC Restricted Ministerial Negotiating meetings held in October 1984

1. The draft was presented by the Rapporteur to the Special Council of ACP Ministers, H.E. Mr Joshua O.B IROHA, Ambassador of Nigeria.

In his introductory remarks, the Rapporteur indicated the 2 parts, A and B, into which the report was divided : part A dealt with Council's deliberations before the Joint restricted Ministerial Negotiating meeting and part B covered the deliberations that followed the said Ministerial meeting.

2. He then referred to all outstanding issues in negotiations evoked in the various reports by ACP spokesman (part A) and the mandate given to the President Group and the Committee of Ambassadors to finalize the negotiations (part B) and the internal matters discussed during the latter session of Council.

V. Report of the Presidential Group on the last phase of the negotiations : ACP/EEC 2252/84, ACP/00511/84, ACP-EEC/2237/84 and ACP-EEC/2247/84 ADD.1 and 3

1. The President recalled that at the 3rd Special Session of Council in the framework of the negotiations for the new Convention, Council mandated the Committee of Ambassadors to continue negotiations with the Commission on outstanding issues and, if any matters remained unresolved, to refer these to a Presidential Group that was to finalize negotiations on outstanding issues in October 1984.

2. The President then reported to Council on the presidential negotiations with the EEC placing emphasis on the main points of divergence i.e. the issue of Human Rights and that of the volume of resources of the new Convention.

3. Regarding the financial resources of the Convention, the President informed Council of the total volume of resources and its breakdown (vide Annex II) and said the amount took account of Angola and Mozambique's eventual accession and the EEC's enlargement to Spain and Portugal.

4. The President recalled the ACP position regarding Human Rights which is the ACP would discuss this subject on condition that the Community accepted the condition laid down by the ACP consequently both sides agreed on a joint draft declaration on Article 4 of the General Provisions in which reference is made to Apartheid.

The Joint Presidential Group agreed to insert in the preamble of the Convention a draft text which reaffirms the adhesion of the 2 parties to the principle of the UN Charter and their faith in Human Rights and human dignity.

5. The President's report led to an exchange of views on certain specific issues as :

a) Rules of Origin : certain delegations regretted that Art. 9 of the final text of the Convention did not mention the Experts Group, the creation of which was mutually agreed upon during the negotiations.

b) Cooperation on Agricultural Commodities : Council agreed to retain the title of Lome II Convention on this chapter : "Export Earnings from Commodities". The President was requested to consult his EEC counterpart so that the ACP proposal could be reflected in the final text of the Convention.

c) Return and restoration of ACP cultural goods : As the EEC had rejected the ACP request, there still remained the question as to what effect and what legal value an ACP Group unilateral declaration would have on the problem.

i. The Senegalese delegation took the floor and said that the return and restoration of ACP cultural goods was not agreed by consensus at the negotiations. The ACP spokesman in this area is said to have expressed on this specific issue more personal position than an ACP consensus.

ii. The Mauritian delegation expressed reservations at this declaration.

iii. Further to this exchange of views on the necessity or opportuneness of an ACP unilateral declaration on this issue, Council decided to distribute the draft declaration to all delegations and ask the Bureau to examine it and submit proposals to Council.

iv. At its deliberations, and the technical difficulties posed by a request for annexure of the declaration whereas the negotiation had officially closed, and recommended to the President of Council to raise this issue in his address during the Convention signing ceremony; on the other hand, the Community should be informed that, after the signing, and with the appropriate ACP-EEC authorities, the ACP would take up again the issue of the return and restitution of ACP cultural goods.

D) Breakdown of the resources under the Convention

The Ethiopian delegation said a lesser amount should have been earmarked for special loans and a higher one for subventions.

6. Council took note of the Presidential Group's report on the last phase of the negotiations.

VI. CONSIDERATION OF THE REPORT OF THE COMMITTEE OF AMBASSADORS ON ITS ACTIVITIES SINCE THE LAST SPECIAL

SESSION OF THE COUNCIL OF ACP MINISTERS IN OCTOBER 1984 - DOC.ACP/26/129/84 REV.1

The above report was presented by H.E. Mr Yaya DIARRA, Ambassador of Mali and Chairman of the Committee of Ambassadors. The Chairman indicated the main issues for which the Committee would need the directive of Council. These included notably:

1. Unused balances of Stabex resources under Lome II

a) The Committee of Ambassadors recommended that at the expiry of the Second Lome Convention, these funds be used for the benefit of those ACP States that suffered shortfalls in Stabex transfers during the 1981 and 1982 years of application, as well as for those States whose transfers suffered from the EEC's calculation methods.

b) Council adopted this recommendation.

2. unused balances of Sysmin resources under Lome II

a) The Committee of Ambassadors proposed to request the Council of Ministers to consider either of the following alternatives for the use of the above funds :

i) to carry the balances forward to Lome III under Sysmin or

ii) to allocate the balance to special loans in the third Lome Convention.

b) The Bureau of Council, which was enlarged to representatives at Council level, Botswana, Mali, Senegal, Zambia was asked to examine the issue.

c) Council finally decided positively on option (i) by taking into account, before evaluating unused balances, current requests put in by certain States.

3. Appointment of the Directors of the CID and CTA

The Chairman of the Committee of Ambassadors recalled Council's decision at its October 1984 session to back Dr. AKINRELE's candidature to the post of CID Director, and informed Council that the COREPER President had confirmed the agreement between the ACP and EEC regarding the appointment of an ACP national to the post in respect of the principle of rotation applicable to all the joint institutions.

The Chairman then informed Council that the COREPER President hoped to allow the outgoing CID director to continue his functions during the transitory period between Lome II and the entry into force of the 3rd, pending reporting.

The Chairman said the COREPER President had also said regarding the CTA's management that the post would go to an EEC national, in the respect of the principle of rotation.

Regarding the issue first raised, Council decided that Dr AKINRELE's appointment take effect on the expiry of Lome II and that Mr MBA's term of office as Director of CTA should be for the life of Lome III.

4. Financial and Technical Cooperation :

Article 108 Committee

After hearing the Committee of Ambassadors' report on the appointment of the ACP members on the Committee on Art. 108 (6) of the Convention, Council asked the different regions to appoint their members on the Committee. This resulted in the following representations :

East Africa : TANZANIA

: ETHIOPIA

Southern Africa : LESOTHO

: SWAZILAND

Central Africa : CONGO

: BURUNDI

West Africa : MAURITANIA

: GUINEA

Caribbean : TRINIDAD AND TOBAGO

: SURINAME

Pacific : PAPUA NEW GUINEA

Community Declaration ad Art. 95 relating to the volume of resources earmarked for Lome II (Annex XXXI) - Possible unused funds

Council took note of the last paragraph of Annex XXXI and authorized the Committee of Ambassadors to obtain from the Community the exact amount of unused funds and submit proposals as to how they were to be utilized.

5. Intra-ACP Cooperation

In order to give a fresh boost to this cooperation, the Committee of Ambassadors proposed to officially commemorate the 10th anniversary of the singing of the Georgetown Agreement.

Council approved this initiative and asked the Committee to put up the relevant proposals.

6. Second Special Council Session

This session will be aimed at taking stock of the progress made in Intra-ACP Cooperation since the Georgetown Agreement and Suva Declaration in 1977, and the adoption of the Montego Bay Plan of Action in 1980. Similarly, the Council will examine proposals relating to the future of Intra-ACP Cooperation.

The Head of Zimbabwe's delegation offered subject to his Government's agreement, that his country host this second special session to be held in October or December 1985.

7. Meeting of ACP Air transport services

This meeting is scheduled for the last quarter of 1985 in the Caribbean or the Pacific. The last such meeting was held in Ethiopia in 1982.

The Head of Suriname's delegation offered to host the meeting subject to his Government's approval.

8. Transitional measures to be applied on expiry of Lome II and entry into force of Lome III

After the Chairman of the Committee of Ambassadors had presented his report on the need to examine the transitional measures to be applied as from 1st March 1985, Council mandated the Committee of Ambassadors to adopt, through the written procedure, interim measures to be drawn up jointly with the EEC.

9. The EEC's system of generalized preferences for 1985

The Council of Ministers examined the Committee of Ambassadors' report and asked the Secretary General to forward to the EEC the ACP Memo on the GAP so that the Community could get the ACP Group's position in time before finally drawing up the draft for 1985.

10. Sugar Protocol:

Council took not of the report, noted acceptance by exporting countries of the reallocation of quotas on the basis of the 50/50 formula, and decided to delete from the report the word "Unanimously" so as to give a better reflection of the ACP's position with regard to the use of the 50/50 formula.

11. Extension of Contracts of the ACP Secretariat's permanent staff

1. The Chairman of the Committee of Ambassadors reported the Committee's decision to renew the permanent staff's contracts for a period of 6 months pending the case-by-case examination of the said contracts. He then informed Council of the request to reexamine the said decision proposed by the Staff Association. Further to this request, the Committee recommended 12, instead of 6 months.

2. Further to the Committee of Ambassadors' recommendations, Council decided to extend the contracts for 12 months as from 1st March 1985, pending the examination of contracts individually.

3. Council finally noted the Committee of Ambassadors' report on its activities since the last Council Session held in October 1984.

VII. PROBLEMS OF DROUGHT, DESERTIFICATION, HUNGER AND OTHER DISASTERS IN AFRICA, AND THE PLIGHT OF THEIR VICTIMS

1. This issue was raised by Congo's head of delegation who stressed the gravity of the situation in several African countries and called for large-scale action in economic, monetary, technological and social areas to halt the advancing desert.

2. The Chairman of the Committee of Ambassadors, for his part, informed Council of the creation of a solidarity fund for famine and other natural disasters or catastrophes caused by man in ACP States. An account had been opened in an agency of the BBL in Brussels to that end.

3. Mauritius and Papua New Guinea announced that they had contributed 500,000 and 1,000,000 BF respectively.

4. The Council of Ministers expressed appreciation at this gesture, and thanked the governments while inviting others to follow suit.

5. After a general exchange, Council adopted a resolution on the issue.

VIII. CONSIDERATION AND ADOPTION OF THE COMMITTEE OF AMBASSADORS' PROPOSALS FOR THE RESTRUCTURING OF THE

ACP GENERAL SECRETARIAT [Doc.ACP/40/079/84 Rev.1]

1. The following orientations emerged notably from Council's discussions on the Committee of Ambassadors' proposals for the restructuring of the ACP General Secretariat :

Council adopted the outline of the draft organisational chart proposed by the Secretariat. However, it considered untimely to adopt a formal decision on the details of this chart. Such a decision would be taken by Council after the financial implications and other relevant details were known. These financial implications should be reduced as much as possible.

The authority of the Secretary General should be restored and reinforced. To enhance his authority, the Secretary General should be appointed by a different body from that appointing the rest of the staff of the Secretariat.

The post of the Deputy Secretary General should be abolished with effet from the expiry of Lome II.

In the recruitment of staff in the context of the new chart to be adopted, account should be taken of the need for a fair geographical distribution of the posts without sacrificing efficiency.

The intermediary structure between the Secretary General and the technical divisions was adopted with the creation of three posts, but there was no agreement on the title of the three posts. The Committee of Ambassadors was mandated to define the functions and administrative relationship of these three posts with that of the Secretary General and those of Heads of Division and the relations that should exist administratively between the 3 posts and that of the Secretary General.

In the new chart, each post should be clearly defined and must be reared towards serving the ACP Group and the most effectively and useful manner in order to attain the Group's objectives.

As regards the post of Financial Controller, Council could not agree on a new designation nor on the description of his functions or position in the chart vis-à-vis the Secretary General.

3. Council also asked the Committee of Ambassadors to review the Georgetown Agreement on its anniversary and adopt it to the new development needs of the Member States and of the Group as a whole. Particular attention was to be paid to the relations between the Secretary General and Council. These relations must be defined in the overall structure of the organization.

4. Council decided that the new chart become effective on adoption at its next session.

5. Finally, the Committee of Ambassadors was mandated to take the necessary step to ensure that the financial regulations were respected during the transitional period until the election of a new Secretary General.

IX. COMMITTEE OF AMBASSADORS' PROPOSALS ON ACP SECRETARIAT'S 1985 BUDGET [Doc.ACP/41/048/84 Rev.1]

1. In his presentation on the above report, the Chairman of the Subcommittee on Establishment and finance, the Ambassador of Benin, told Council that on 2nd November 1984, the Secretariat submitted a draft budget for the Secretariat for 1985 to his Subcommittee. As there has been a 22% increase over the 1984 budget and given the difficult economic situation faced by Member States and the need to exercise some measure of austerity, the Subcommittee referred the draft budget proposals to the Secretariat for further reconsideration and eventual cuts. The Subcommittee had been absorbed in dealing with other urgent administrative matters affecting the staff of the Secretariat so it could not finalise its work on the draft budget proposals for the General Secretariat for 1985. The Subcommittee proposed to the Committee of Ambassadors to recommend to Council that the 11984 budget be retained for 1985, until next session of Council of Ministers adopt the new budget in May 1985. The Subcommittee proposed to the Committee of Ambassadors to recommend to Council that the 1984 budget be retained for 1985, until next session of Council of Ministers adopt the new budget in May 1985.