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African, Caribbean and Pacific Group of States 
(ACP Group) 
Groupe des Etats d'Afrique des Caraïbes et du Pacifique
(Groupe ACP)
451 Avenue Georges Henri Avenue Georges Henri, 451
1200 Brussels, Belgium  1200 Bruxelles, Belgique
Tel: 32 2 743 06 00 Fax: +32 2 735 55 73
email: info@acp.int
Website : http://www.acp.int

SUMMARY RECORD OF THE 52nd MEETING OF THE 

COUNCIL OF ACP MINISTERS 

(Brussels, 3RD AND 4TH MAY 1991)
Ref: ACP/25/016/91 AMS/fk 
Brussels, 13 November 1991

SUMMARY RECORD

OF THE 52nd SESSION

OF THE ACP COUNCIL OF MINISTERS

HELD ON 3RD AND 4TH MAY 1991

AT THE ACP HOUSE, BRUSSELS

OPENING CEREMONY

The opening ceremony of the 52nd Session of the ACP Council of Ministers was presided over the Dr Augustin NGIRABATWARE, Minister of Planning of the Republic of Rwanda and President-in-Office of the ACP Council of Ministers.

In his opening address, the President of Council referred to ACP fears regarding the Single European Market, the Uruguay Round and development in East and Central Europe and their implications for ACP-EEC cooperation. Whereas the EEC set up quickly the European Bank for Reconstruction and Development to assist East and Central Europe it delayed the ratification of Lomé IV and the cancellation of ACP debt to the Community.

Turning to ACP internal matters, the President dwelt on the difficult financial situation facing the General Secretariat. He strongly urged that Council adopt appropriate measures to ensure that the situation was redress quickly in order to enable the Secretariat to operate smoothly.

Another pending issue mentioned by the President in his inaugural speech concerned the review of the Georgetown Agreement. He stressed that Council should show more determination and courage in tackling that problem instead of shifting its responsibility to its Bureau and the Committee of Ambassadors.

Finally, on behalf of Council, the President welcomed Namibia as a fully-fledged member of the ACP Group and congratulated the new member on its accession to the Lomé Convention.

Council's deliberations

Council's deliberations were conducted under the chairmanship of its President-in-Office.

1. Adoption of the agenda [ACP/25/008/91 Rev.4]

Council adopted the draft agenda of its meeting after the inclusion of a new agenda item entitled "Emergency food aid for countries in the Horn Africa". The rest of the agenda was renumbered accordingly.

2. Appointment of a Rapporteur and Friends of the Rapporteur

In accordance with the system of rotation when a meeting of Council is held at the Group's Headquarters, the region of East Africa was invited to nominate a Rapporteur for the 52nd Session. Consequently, Sudan, East Africa's nominee, was appointed Rapporteur to the Council Session.

The following countries were designated by their respective regions to serve as Friends of the Rapporteur :

Central Africa : BURUNDI

Southern Africa : MOZAMBIQUE

West Africa : BURKINA FASO

Caribbean : GRENADA

Pacific : WESTERN SOMOA

3. Communication from the President

In his communication, having paid tribute to the outgoing Bureau, the President referred notably to the following matters:

(a) Meeting of the ACP-EEC Joint Assembly: The President indicated that he attended the meeting of the ACP-EEC Joint Assembly held in Kampala, Uganda from 25th February to 1st March 1991. In accordance with established practice, he made an intervention on behalf of the Council of Ministers. He thanked the authorities and people of Uganda for the excellent organization of the meeting and for their hospitality.

(b) Reminders to countries in arrears of contributions: The President informed Council that in accordance with its mandate handed down at the November 1990 Ministerial Session, he signed letters reminding countries in arrears of contribution to pay the sums owed to the Secretariat. He expressed the hope that the reminders were heeded so that those countries could avoid the undesirable consequences that could flow from the implementation of the Group's regulations on the question of arrears of contribution to the budget of the General Secretariat.

(c) Meeting of the Council Bureau: This organ met and examined the agendas as well as the programmes of the meetings of the ACP and the ACP-EEC Ministerial Councils.

Council took note of the President's communication.

4. Approval of the Rapporteur's report of the 51st meeting of the Council of ACP Ministers held from 28th to 30th November 1990, in Brussels [ACP/25/021/90 Rev.2]

The Rapporteur's report was presented by the head of delegation of Rwanda, H.E. Mr François NGARUKIYINTWALI, who thanked the Friends of Rapporteur, and in particular the Ambassador of Malawi, H.E. Mr. ANTHONY, who chaired the meeting which considered and finalized the first draft submitted by the Secretariat. He also thanked the staff of the ACP Secretariat who prepared the first draft. The Rapporteur submitted his report for Council's approval.

Council considered and approved the Rapporteur's report of its 51st session held from 28th to 30th November 1990 at the Group's headquarters in Brussels.

5. Consideration of the report of the Committee Ambassadors [ACP/26/028/91 Rev.1]

Before inviting the Chairman of the Committee of Ambassadors to present the report of the Committee, Council decided to examine items 5 and 6 as a single item. Upon Council's invitation, H.E. Mr James MATHESON, Ambassador of Guyana and Chairman-in-Office of the Committee of Ambassadors presented the activity report, document ACP/26/028/91 Rev.1 prepared for the 52nd Council Session. In his introductory remarks, the Chairman of the Committee of Ambassadors drew to Council's attention, developments in ACP-EEC cooperation, Intra-ACP cooperation and on the international scene affecting ACP countries, which required Council's advice and guidance.

Having heard the introductory remarks by the Chairman of the Committee of Ambassadors, Council proceeded to examine the issues submitted by the Committee of Ambassadors for guidance and for decision: below is a summary of Council's position on the specific issues it discussed and took a stance on:

(a) Ratification of Lomé IV :

In view of the slow pace in the process of ratification of the new Convention, particularly by the Community Member States, Council considered that special transitional measures would be required to allow the Community side more time to complete the ratification (the ACP Group having attained the two thirds needed). Such measures should cover the new signatories to the Lomé Convention in order that they could benefit from the Convention arrangements.

Council agreed to request, at joint Council Session, the EEC side to direct the Commission to put place the necessary internal measures to ensure that as soon as the ratification was completed, financial disbursement could go ahead.

Council agreed to request, at Joint Council Session, the EEC side to direct the Commission to put in place the necessary internal measures to ensure that as soon as the ratification was completed, financial disbursement could go ahead.

Council called on all countries that had not ratified the Convention to expedite the ratification process to that the Lomé IV Convention could enter into force as quickly as possible.

(b) EEC action in favour of non-ACP countries:

Council examined this issue in the general context of the erosion of ACP market preferences in the Community. It agreed to make a strong presentation to the Community side on the issue and to request the adoption of practical measures aimed at reducing the impact of such erosion through the extension of the GSP and other special privileges to third countries.

Those corrective measures include notably:

- an examination of effective compensatory measures including the retroactive elimination of all internal taxes on ACP products in the Community;

- full exemption from quotas and marketing timetables in favour of ACP countries, automatic derogation from the Rules of Origin for ACP products and

- improved access for those products of export interest to ACP.

Council also agreed to call for an urgent special meeting of ACP and EEC Ministers to examine pressing trade issues of particular interest to ACP countries. It further called on ACP States to earmark funds from the Lomé IV resources as a priority to finance trade development and promotion at the international and intra-ACP levels.

(c) Consumption tax imposed by Italy on Cocoa and Coffee products:

Council agreed to urge the EEC and the Member State concerned to withdraw the harmful effects of the increase of the tax on ACP Exports of cocoa and coffee products. It would further request the Community to consider, bearing in mind the 1992 Single Market, the total cancellation of consumption tax on ACP commodity exports.

(d) The Uruguay Round: Having taken note of the Committee's of Ambassador's report on the state of progress and prospects for the GATT negotiations, Council resolved to request the Community to:

- undertake to compensate the ACP State for the loss of their trade advantages in the Community market;

- eliminate selective internal taxes imposed by some of the EEC Member States on products exported by the ACP countries;

- refund such taxes, if they are not eliminated in the context of the GATT negotiations, or use them for funding the development, promotion and diversification of ACP exports;

- keep out of the negotiations products which are of extreme sensitivity to the ACP Group and that are currently not the subject of its offer;

- safeguard the ACP interests in other areas covered by the negotiations, such as bananas, tropical products and trade in services, and

- adhere strictly to the principle of differential and more favourable treatment for the developing Contracting Parties.

(e) STABEX:

(i) 1990 year of application: Council agreed to call upon the ACP-EEC Council of Ministers to delegate the ACP-EEC Committee of Ambassadors the necessary powers to deal with the issue of the likely inadequacy of resources and to adopt the necessary measures to alleviate the adverse effects of any delay that might arise in the ratification of Lomé IV Convention.

(ii) Replenishment of Stabex resources: Council examined the question of the elimination of the obligation to replenish Stabex resources under the previous Lomé Conventions together with the request for the cancellation of ACP debt to the Community.

Council held the view that non-replenishment of Stabex resources under Lomé IV Convention should be applied retroactively to the previous Lomé Conventions.

(iii) Outstanding balances: Council endorsed the recommendation by the ACP-EEC Committee of Ambassadors that the ACP-EEC Subcommittee on Stabex should re-examine the Commission's report on the outstanding balances for the 1980, 1981, 1987,1988, 1989 years of application.

In addition to the above issues, Council endorsed the Committee's recommendations on other matters reflected in the activity report which were not the subject of an exchange of views.

6. Consideration of Special Ministerial Reports:

(a) Article 193, including ACP indebtedness [ACP/81/047/91]

The report on the activities of the Article 193 Committee (authorized representatives) was presented by its Chairman-in-Office, H.E. Mr T. BADEN-SEMPER, Ambassador of Trinidad and Tobago. The elements of the report which includes ACP indebtedness are found in document ACP/81/047/91.

Regarding ACP indebtedness, Council adopted a resolution calling on the ACP-EEC Council of Ministers to address urgently the debt owed by ACP States to the Community within the framework of the past Convention, on the basis of the joint declaration on debt annexed to Lomé IV so as to extend appropriate debt relief to all ACP States.

(b) Sugar:

The Ministerial Spokesman on Sugar, Rt Hon. DULLOO, Minister of Agriculture, Fisheries and Natural Resources of Mauritius, told Council that the ACP Ministerial Consultation Group on Sugar would not present a formal report. Instead it would table a resolution on issues that would be examined at the joint Ministerial level with a view to find a solution. The resolution notably called on the Community to :

- adhere to the stated objectives of the Protocol which is to ensure for the ACP signatory States, a stable level of earnings from their exports of sugar to the Community through adequate guaranteed prices;

- reconsider its price offers for the 1989-90 and 1990-91 delivery periods;

- adopt a position favourable to the ACP States with regard to the question of compensation;

- recognize the specific nature of sugar as a commodity and that of the Protocol as an instrument which was intended to ensure stable levels of income to the ACP States concerned;

- be vigilant, while formulating new policies for its agricultural sector, that such policies will permit the Sugar Protocol to function effectively in line with the objectives of the Convention;

- resume discussions with the ACP in the context of the Joint Contact Group on "Special Measures".

The resolution also invited the Community:

- to hold free, frank and full consultations with the ACP before and during the review of the arrangements for Portugal's sugar sector;

- to submit its findings on Papua New Guinea and Zambia to the ACP as soon as deliberations on the issue were completed and

- to give a positive response to Guyana's request for "force majeure" consideration.

(c) Bananas

The report on Bananas was presented by the Ministerial Spokesman on Bananas, Hon. David COORE, Minister for External Affairs and External Trade of Jamaica. The elements of the report are contained on document ACP/67/018/91.

Council also adopted a resolution on bananas:

- urging the Commission to honour its renewed commitment to hold full consultations with the ACP on the post-1992 regulations for the Community market for bananas, and

- requesting the Community to maintain its position with regard to withholding bananas from any concessions it might be willing to make in respect of GATT negotiations or in any other forum.

(d) Commodities [ACP/67/017/91]

The Chairman of the Ministerial Committee on Commodities, Hon. Abbey KAFUMBE MUKASA, Deputy Minister of Finance of Uganda, reported on issues relating to Commodities. The report is found in document ACP/67/017/91.

With respect to the composition of the ACP-EEC Ministerial Committee on Commodities, the following countries were appointed on the ACP side :

ANGOLA GHANA PAPUA NEW GUINEA

CAMEROON GUYANA TONGA

COTE D'IVOIRE KENYA UGANDA (Chairman)

ETHIOPIA MALAWI ZAIRE

Council adopted the various special Ministerial reports submitted and endorsed the recommendations and proposals set out therein.

7. Exchange of views on the implications of the Commission's communication regarding Article 5 Lomé IV [Ref. doc.ACP/42/002/91 and extracts from doc. ACP/25/020/90 Rev.1]

Following the introductory remarks by the Chairman of the Committee of Ambassadors who stressed concern over the likely implications of the Community's stance on a Convention already signed, Council held an exchange of views at the end of which it

- took note of the concerns expressed by the Committee of Ambassadors through its Chairman, which concerns were shared by Council;

- upheld its previous proposal that a flexible mechanism of consultation on situation of violation of human rights should be set up to enable both sides to collect relevant information from the State or States concerned and to recommend appropriate measures;

- reiterated its request that whenever the Community contemplated action on the basis of situations which it perceived as being flagrant and persistent violations of human rights, an information and consultation procedure should be entered into with the ACP States at the level of the Co-Presidents of the Council of Ministers to seek an opinion of the ACP.

Council considered that if the above proposals were jointly adopted, they would deter the Community from taking unilateral action on issues of human rights.

8. Consideration of the draft agenda for the 15th Session of the ACP-EEC Council of Ministers [ACP-CEE 2165/91]

Council considered, and took note of the draft agenda for the 16 Session of the ACP-EEC Council of Ministers. It designated the countries listed below to be ACP Spokesmen on the issues indicated.

- Kenya : Development in Eastern and Central Europe and their incidence on ACP-EEC cooperation

- Nigeria : On ACP students and migrant workers in the EEC Member States.

- Senegal : On the implications of the Single Europe Act on ACP-EEC cooperation.

9. Consideration of the Committee of Ambassador's recommendations for the structure, functioning and considerations of service of the ACP Secretariat

[ACP/41/026/91 Rev.2, ACP/41/029/91 & ACP/41/005/91 Rev.2]

Following the presentation of the above recommendations by the Chairman-in-Office of the Subcommittee on Establishment and Finance, H.E. Mr Assiongbon AGBENOU, Ambassador of Togo, Council held full exchange of views covering various aspects of the matter, in particular, the linkage between cost of recommendations and the Group's ability to pay, and the need to equip. the Secretariat with an appropriate structure.

At the end of the exchange of views, Council decided :

(a) to adopt, in principle, the recommendations contained in document ACP/41/026/91 Rev.2 and ACP/41/029/91 Rev.1.

(b) to instruct the Committee of Ambassadors to phase the application of the recommendations of the creation of posts in such a way that they could be implemented as an when the Secretariat's financial situation improved;

(c) to authorize the immediate creation of the following posts :

- Deputy Secretary General (1)

- Expert responsible for Mining, Energy and Sysmin (1)

- Expert responsible for the Joint Assembly (1)

- Translator into the English section (1)

- Bilingual Secretary attached to the Expert responsible for the Joint Assembly (1)

- Messenger (1) and

- Driver (1).

Council also requested the Secretariat to redeploy staff where this is feasible and to press for the signing of the Headquarters Agreement between the Belgian authorities and the Secretariat.

10. Review of the Georgetown Agreement

- Progress Report

In his progress report to Council, the Chairman of the Committee of Ambassadors indicated notably that it was most unfortunate that Committee could not complete its review of the Georgetown Agreement in accordance with Council's mandate. He attributed that failure largely to the preparing of the Joint Assembly meeting held in Luxembourg in September and of the 52nd Session of the ACP Council of Ministers as well as the ACP-EEC Ministerial Session.

Council, while recognising the political difficulties raised by certain aspects of the review exercise, decided to extend the mandate given to the Committee of Ambassadors so that the latter could complete the exercise and forward its report to all ACP capitals before the 52rd Session of the ACP Council of Ministers.

11. Consideration of the financial situation of the ACP Secretariat:

(a) State of contributions [ACP/45/018/91 Rev.1]

(b) Committee of Ambassador's proposals for a permanent solution

[ACP/45/020/91 Rev.1]

Introducing the above item, the Chairman of the Committee of Ambassadors recalled the steps taken by the President of the Council Ministers, the Chairman of the Committee of Ambassadors and the Secretary General in order to persuade States in arrears of contribution to pay those arrears and to remain in good standing.

Further, for purposes of contribution to the Budget of the Secretariat, Council decided :

(a) to place Namibia in Category C and that it should pay its contribution for the whole 1991 budgetary year;

(b) to exempt St Christopher and Nevis from paying its contributions relating to previous years as well as those to the 1991 budget.

12. Situation in South and Southern Africa

- Statement by representative of the Southern African region

- Exchange of views

The Spokesman for the Southern African region, Hon. R. CHONGO, Minister of Commerce and Industry of Zambia, gave the elements of the statement he would make of the joint Council session, on behalf of the ACP Group, on the situation in South and Southern Africa. The elements included notably the following:

(a) At Community level :

- the need to maintain any remaining sanctions until interim administrative regime agreed to by all parties was put place to facilitate elections under a new democratic constitution of a democratic government;

- the Community should seek to ensure that the South African regime did not reverse the process of change which should lead to the institution of a non-racial democratic South Africa.

(b) At the level of the international Community:

- the international community should be more supportive of the efforts being made by Angola and Mozambique by refraining from actions tending to complicate the peace process;

- the Community and the United Nations should intensify material support to the refugees in the region.

(c) At the ACP level:

- the need for the ACP States to sustain and heighten their diplomatic pressure as well as maintaining all sanctions agreed upon until after elections under a new democratic constitution;

- the ACP Secretariat to facilitate arrangements for an EEC TROIKA-ACP consultative meeting of Foreign Ministers' level.

(d) At the regional level:

- support to Angola and Mozambique for their strenuous positive efforts at attaining peace, and to ANC and PAC for the move to joint force as United Front for the final onslaught on Apartheid.

After an exchange of views, Council endorsed the approach outlined in the Spokesman's oral presentation.

13. Emergency food aid for the countries of the Horn of Africa

Following the statement by Hon. Dr. Z.T. ONYAKA, Minister of Planning and National Development of Kenya on the critical food situation in the countries of the Horn of Africa mainly as a result of a succession of natural and man-made disasters, Council had an exchange of views on the subject in a wider context covering other regions of the ACP Group where some countries were facing similar difficulties.

Given the importance of emergency food aid, Council agreed that its President and the Minister from Kenya should make a statement to the press on the subject.

14. Consideration of the Committee of Ambassador's recommendation regarding the term of office of the Bureau of the ACP Council of Ministers

[ACP/25/013/91 Rev.1]

Introducing the subject, the Chairman of the Committee of Ambassadors indicated that in order to assist in organizing Council's meeting to ensure that they were conducted smoothly, rationally and efficiently, the Committee of Ambassadors made the following recommendations:

(a) Ministerial Council Session should as far as possible take place in November and in May every year;

(b) the term-of-office of the President of ACP Council and his Bureau shall commence at the end of an ordinary Council Session and shall terminate after the end of the next ordinary session, it being understood that an ordinary Council Session includes any Joint ACP/EEC Council of Ministers that may follow an ACP ordinary Council.

In conclusion, the Chairman of the Committee proposed that the mandate of the Bureau-in-Office be extended to the end of the 53rd Session when the recommendation, if accepted, would come into effect.

After discussion, Council adopted the recommendation, thereby extending the mandate of its Bureau up to the end of the 53rd Session in November 1991.

15. Designation of the members of the Ministerial Bureau [ACP/549/79 Rev.19]

In view of the decision taken in 14 above, the members of the next Ministerial Bureau shall be appointed in November at the 53rd Session of Council.

16. Date and venue of the next meeting of

(a) The Council of ACP Ministers

The 53rd ordinary session of the ACP Council of Ministers would take place in November, in Brussels, at a date to be communicated later. Council advised that this date to be agreed on should not coincide with the dates set for the meeting of UNIDO.

(b) The Council of ACP-EEC Ministers

The President informed Council that the ordinary session of the ACP-EEC Council of Ministers to be held in 1992 should be hosted by an ACP State.

Hon. David COORE, Minister of External Affairs and External Trade of Jamaica advised Council of his Government's offer to host the meeting of the ACP-EEC Council in 1992.

Council accepted the offer and expressed gratitude to the Government of Jamaica through its Minister. Council mandated its President to communicate the offer to the EEC side at the Joint Ministerial session.

17. Outcome of the 52nd ACP Council Session

- Adoption of draft decisions and resolution [ACP/25/014/91 Rev.1]

Council considered and adopted the following decisions and resolutions :

(a) Decisions

- Finalization of the review of the Georgetown Agreement [No.1/LII/91]

- Term-of-office of the Bureau of the Council of Ministers [No.2/LII/91]

- Categorization of Namibia for payment of contributions to the Budget of the ACP Secretariat [No.3/LII/91]

- Request for waiver of budgetary contribution by St Christopher and Nevis [No.4/LII/91]

- Appointment of external auditors [No.5/LII/91]

- EDF participation in financing the Budget of the General Secretariat of the ACP Group [No.7/LII/91]

- Structure, functioning and conditions of service of the General Secretariat [No.8/LII/91]

- Staff Association's request [No.9/LII/91].

(b) Resolutions

- Erosion of preferences [No.1/LII/91]

- Stabex : 1990 year of application [No.3/LII/91]

- Bananas [No.4/LII/91]

- Sugar [No.5/LII/91]

- ACP States' indebtedness [No.6/LII/91]

- South and Southern Africa [No.7/LII/91]

Council referred the following draft resolutions to the Committee of Ambassadors for finalization and adoption on its behalf :

- Increase in the consumption tax on coffee and cocoa products levied by Italy [No.2/LII/91], and

- Emergency food aid.

18. Any other business

Under this item, the head of delegation of Haiti, H.E. Mr Renaud BERNADIN, Minister of Planning, Cooperation and Public Services, made a statement to the effect that his country had legitimately returned to the international scene. That was thanks to the efforts of the people of Haiti and the assistance of the international community. A state of law had been restored and human rights were strictly respected, and the Government's action were guided by the constitution and law of the country.

He cautioned, however, that the social base of the process of change in Haiti was still fragile and it needed the help of all. On its part, the Government of Haiti had undertaken economic, political and administrative reforms in order to build up the foundation of a democratic society.

The Government and people of Haiti appreciate, the Minister added, the support and solidarity of the ACP Group. Haiti's participation in the deliberations of the various bodies of the ACP Group was in recognition of that fact. It was in that spirit that he was extending an invitation to the President of Council and the Secretary General to visit Haiti and appreciate the efforts of the people and Government of his country.

Making his concluding remarks, the President, speaking on behalf of the Ministerial Bureau, the Committee of Ambassadors, the Secretary General of the ACP Group and on his own behalf, expressed deep gratitude to Council for the work accomplished. Council's wisdom and collaboration had facilitate the task of the Chair in president over the deliberations.

He also thanked the Bureau of the Council for giving him support and assistance, the Committee of Ambassadors for preparing the Ministerial session and the Secretariat for servicing the 52nd session of Council and for assisting the Committee of Ambassadors in preparing the session.

Finally, the President wished the ACP Group success at the joint session with the EEC Ministers