Ref:ACP/25/006/93


African, Caribbean and Pacific Group of States (ACP Group)		Groupe des Etats d'Afrique des Caraïbes et du Pacifique (Groupe ACP)
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	D R A F T LIST OF DECISIONS AND RESOLUTIONS ADOPTED BY THE ACP COUNCIL OF MINISTERS AT ITS 56TH SESSION HELD IN BRUSSELS, 13 - 15 May 1993 Ref:ACP/25/006/93 Brussels, 15 May 1993

DRAFT

DECISION N7/LVI/93

OF THE 56th SESSION OF THE COUNCIL OF ACP MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 MAY 1993

EFFECTIVE COORDINATION OF ACP POSITIONS IN BRUSSELS
AND IN GENEVA IN THE CONTEXT OF GATT

The ACP Council of Ministers meeting at its 56th Session in Brussels from 14 to 15 May 1993,

A. RECALLING the provisions of the Trade Cooperation Chapter of the Fourth ACP-EC Convention of Lomé;

B. CONSCIOUS of the objectives of the Punta del Este Ministerial Declaration launching the Uruguay Round of Multilateral Trade Negotiations in September 1986 to bring about multilateral trade liberalization in the context of GATT;

C. BEARING IN MIND the need to ensure that trade liberalization by the Community in the context of GATT and the GSP should not result in the erosion of the trade advantages contractually agreed upon in favour of the ACP States;

D. NOTING THATthe arrangements for the negotiations under the Uruguay Round of Multilateral Trade Negotiations have not been favourable for the effective and fuller participation of the less developed Contracting Parties;

E. CONCERNED nevertheless that since launching of the Uruguay Round of Multilateral Trade Negotiations, the ACP States, Contracting Parties to the GATT have neither participated effectively in the Round nor coordinated their positions effectively with a view to safeguarding the Lomé trade advantages;

DECIDES THAT:

1. as the Uruguay Round enters its final stages the ACP representatives in Geneva and Brussels should establish an effective structure to enable the Secretariat to coordinate ACP positions with a view to safeguarding the Lomé trade advantages;

2. the ACP Ministers participating in both ACP-EC and GATT matters should take cognisance of the need to liaise closely with their missions in Brussels and Geneva for coordination of policies and positions;

3. the ACP representatives in Geneva should collaborate and consult with each other and the and Community when defending the Lomé Convention;

4. the President of the ACP Council of Ministers is requested to forward this decision to all the ACP Ministers handling ACP-EC and GATT matters to ensure that effective coordination is put in place.

Professor KIGHOMA ALI MALIMA

Minister for Finance of the United Republic of Tanzania

President of ACP Council of Ministers

DRAFT

RESOLUTION N1/LVI/93

OF THE 56TH SESSION OF THE COUNCIL OF MINISTERS HELD

IN BRUSSELS, BELGIUM, FROM 13 - 13 MAY 1993

SOUTH AND SOUTHERN AFRICA

The Council of ACP Ministers,

Having regard to its previous resolutions on the situation in South and Southern Africa ;

On South Africa

Gravely concerned by the slow progress in dismantling apartheid and establishing a non-racial and democratic South Africa ;

Shocked by the cold blooded assassination of Chris Hani, an ANC leader and Secretary General for the South African Communist Party ;

Greatly perturbed by the continued violence and the daily toll of innocent civilian lives ;

Welcoming the resumption of the Multi-Party negotiations towards establishing a non-racial democratic South Africa ;

Welcoming the presence of the international observers during the transitional period leading to the establishment of democratically elected government ;

Recognising the important role particularly during the transitional period to be played by the EC special programme for victims of apartheid ;

On Southern Africa

Applauding the efforts of the Governments of Angola and Mozambique aimed at achieving broad based democracy, national reconciliation and peace in their respective countries ;

Welcoming the efforts made by the Mozambique Government to implement the General Peace Agreements signed in Rome on 4th October, 1992 ;

Noting with satisfaction that both parties to the General Peace Agreements are observing the ceasefire ;

Concerned by the renamo's delays in implementing some provision of the Peace Agreements ;

Welcoming the commitment of the Government of Angola to the peaceful resolution of the conflict in Angola ;

Gravely concerned by UNITA's refusal to accept the results of the September, 1992 general elections, and its flagrant violation of the Bicesse Peace Agreement which acts continue to cause death and destruction ;

Welcoming the resumption of the peace talks between the Government of Angola and UNITA in Abidjan, Côte d'Ivoire ;

Cognisant of the on-going negotiations between the Governments of Namibia and South Africa on Walvis Bay and the off-shore Island ;

Recognising that the Southern African region continues to suffer from the effects of the worst drought in living memory ;

On South Africa

Re-affirms its total commitment to a new democratic and non-racial order founded on the principle of "one person one vote" in South Africa.

Strongly condemns the murder of Chris Hani and the continued slaying of innocent civilians.

Warns that violence continues to pose a serious threat to the democratic process and appeals to all political parties to contribute to the creation of a climate of tolerance.

Calls on the South African Government to create the necessary climate enabling free political activity throughout South Africa including the Bantustans through effective control over the police, the security forces and other para military organisations.

Welcomes the resumption of the multi-party negotiations and stresses the need for these talks to produce concrete results, including the setting of a date for election, as soon as possible.

Calls for the urgent establishment of the Transitional Executive Council which would among other things take control of the security forces.

Insists that the international community, in particular the EEC, should continue strictly to respect the arms embargo until a democratic government is in place.

Notes with satisfaction that the continued presence of international observers has had a positive effect in the control of violence and urges the EC to strengthen the EC observers Mission in South Africa (ECOMSA).

Urges the South African Government to recognise the refugee status of the estimated 3OO OOO Mozambicans in South Africa and to ensure that they are accorded treatment as prescribed by the International Conventions to which they are entitled.

Urges the EC to continue its support of the Special Programme for the victims of apartheid.

On Southern Africa

Strongly condemns UNITA for its systematic violation of the Bicesse Peace Accords and for its refusal to accept the results of the September, 1992 general elections.

Encourages the people of Angola to continue their efforts towards national reconciliation and a broad based democratic society.

Welcomes the resumption of the peace talks in Abidjan and calls for concrete results.

Commends the Government of Angola for its commitment to a peaceful resolution of the conflict and stresses its legitimate right to defend its sovereignty and territorial integrity. In this regard calls on the international community to give every possible assistance to the Government of Angola including promoting its recognition.

Demands an immediate ceasefire throughout the country in order to prevent further loss of life and to allow food and other humanitarian assistance to reach the target groups.

Calls on those members of the international community with influence on UNITA to prevail on it to comply with the UN decisions and in particular the UN Security Council Resolution 811 (1993).

Further calls for an end to outside interference in the internal affairs of Angola and on those countries supplying UNITA with arms to stop doing so

Calls on Renamo to respect and scrupulously apply the peace agreements and on third countries to refrain from any action which could upset the process of reconciliation in that country.

Calls on Renamo to urgently send to Maputo its representatives for the various commissions provided under the General Peace Agreements in order to make the Commissions fully operational.

Commends both parties for observing the ceasefire and recommends that the demobilization process be put in place as soon as possible.

Commends further the Government of Mozambique for ensuring the success of the peace process and the establishment of democracy in Mozambique.

Urges the UN to speed up the process of deploying the UN Peace Keeping Force as provided in the framework of the UN operations for Mozambique (UNOMUZ).

Appeals to the international community and in particular the European community to increase its assistance to Mozambique in the rapid implementation of the general peace Agreements, in support of the UN and the re-integration of the demobilized personnel from both sides as well as of the returnees and displaced Mozambicans.

Calls on the EC to honour its pledge to hold a special conference on the economic and social reconstruction of Mozambique.

Welcomes the establishment of the agreed Joint Administration Authority of the Walvis Bay and the off-shore Islands as an interim measure and the fact that Walvis Bay and the off-shore Islands remain an integral part of Namibia pursuant to the UN Resolution 432 (1978).

Reiterates its understanding that the solution to the Walvis Bay question should in no way be subjected to the domestic political process in South Africa and therefore rejects the linkage of the Resolution of the Walvis Bay sovereignty issue to the establishment of a new Constitutional Authority in South Africa.

Appreciates the contribution by the European Community towards the alleviation of the effects of the drought in Southern Africa and calls for further assistance to address its effects.

Further appreciates the assistance provided by the European Community and the Commission towards SADC's food security programme.

Requests its co-Presidents to forward this Resolution to the Council and the Commission, the parties represented at the multi-party negotiations for a Democratic South Africa, the South African Government and the UN Secretary General.

DRAFT

RESOLUTION N2/LV1/93

OF THE 56TH SESSION OF THE COUNCIL OF ACP MINISTERS

HELD IN BRUSSELS FROM 13TH TO 15TH MAY,1993

S U G A R

The Council of ACP Ministers,

Reaffirming its Resolution on Sugar adopted at its 55th Session in Brussels, (Belgium) from 23 to 25 November,1992;

Recalling the ACP-EC Joint Assembly's meeting in Gaberone (Botswana) from 29 March to 2 April 1993;

Whereas its Resolution of November 1992, called on the Community to ensure that the finalisation of the arrangements for supplying the Community's raw sugar deficit and particularly Portugal's refining requirements is done in accordance with the provisions of Annex XXVIII of the Fourth ACP-EEC Convention in good time before the expiry date of Portugal's transitional arrangements;

Whereas the Community decision in December 1992 to roll-over the then supply arrangements until 30 June 1993 resulted in loss of income to the four traditional suppliers to Portugal and other ACP supplying States, because of the advance arrangements they had made in keeping with the firm assurances of the Community, to take their request for increased preferential access into account;

Whereas the Community is seriously considering the Commission's proposal to extend further the current arrangements until 30 June 1994;

Whereas the price proposed for Community beet producers for the 1993-94 delivery period represents a further freeze on Community intervention prices on which are aligned ACP guaranteed prices and whereas the Commission has not yet received a mandate in respect of the negotiation of such prices;

Whereas the situation which justified a market premium of 30 mECUs being granted for three delivery periods (1989/90, 1990/91 and 1991/92) not only still prevails but is being further aggravated by a reduction in ACP real earnings as a result of agrimonetary changes;

Considering that the Commission and the Community have acknowledged that because of the Community's restrictive pricing policy and its undertakings in GATT alleviating measures would be necessary for Community producers and would be even more essential for ACP suppliers to permit them to honour their supply obligations under the Protocol;

Whereas Zambia has again made an earnest representation to the effect that the country's production performance assures a sustainable export surplus and has presented all the required information underscoring this fact;

Noting with satisfaction that the Commission has formally indicated its understanding of the "force majeure" conditions resulting in Zimbabwe's inability to honour in full its supply obligations for the current delivery period;

Calls on the Community, having regard to the persistence and degradation of the situation which justified the adoption of special measures in the form of a market premium, to ensure that the ACP sugar suppliers also affected by the burden of freight and transport costs be provided for the 1993/94 delivery period an adequate and stable level of guaranteed price, with accompanying measures if necessary;

Expresses its appreciation to European circles including the NGO's for their understanding and more particularly to the European Members of the Joint Assembly for their understanding of the problems confronting the ACP signatories to the sugar Protocol, as reflected in the Resolution of the last Joint Assembly meeting and the consistent support they have provided to them;

Draws the attention of the Community to the fact that the legitimate expectations of the ACP sugar suppliers for increased preferential access on the Community markets, especially on the Portuguese market have remained unfulfilled;

Expresses its concern that the Community's past statement in the joint institutions to the effect that, irrespective of the conclusions of the Multilateral Trade Negotiation the question of access to the Portuguese market would be resolved before the end of 1992, has not been followed by the adoption of expected measures;

Insists, on the basis of the relevant commitments entered into by the Community under the Lome III and IV Conventions, its various declarations of intent and in the historical perspective of the political discussions held in the ACP-EC Council on the accession of Spain and Portugal to the Lomé III Convention, and having regard to the stated preference of the Portuguese authorities and refiners to secure their supplies of raw sugar from ACP members of the sugar Protocol, that the Community adopts a definitive position on the issue of enlarged access;

Reminds the Community that the Director General of GATT has confirmed in writing that Article XXIV of GATT not only safeguards continued access of ACP preferential sugar but also allows scope for expanded access;

Demands that the long-standing application for access to the sugar Protocol with an economic and viable quota from Zambia be the object of a decision of the Community without further delay;

Draws the attention of the Community to the possible consequences for the ACP of the transfer proposed by the European Parliament from the agricultural budget to the EDF of expenditure in respect of the Community's exports of refined beet sugar surpluses equivalent to imports of ACP sugar under the Protocol.

Requests the Community to adopt, within the Uruguay Round of Multilateral Trade Negotiations, such positions as would be in line with the solemn assurances given within the Joint Council that the Community would strictly adhere to the obligations it has subscribed under the Sugar Protocol;

Instructs the ACP Secretariat and the Committee of Ambassadors to ensure that this Resolution is forwarded to the institutions of the Community and its Member States, the ACP States and all ACP missions involved in the Uruguay Round of Multilateral Trade Negotiations in Geneva.

DRAFT

RESOLUTION N3/LVI/93

OF THE 56TH SESSION OF THE COUNCIL OF ACP MINISTERS

HELD IN BRUSSELS FROM 13 TO 15 MAY,1993

B A N A N A S

The Council of ACP Ministers,

Reaffirming the resolution on bananas adopted at its 55th Session in Brussels, Belgium from 23 to 25 November 1992;

Recalling the Resolution in this regard adopted by the ACP-EEC Joint Assembly meeting in Gabarone,(Botswana) from 29 March to 2 April,1993;

Appreciating the unfailing efforts of the EC Council and the Commission in arriving at a decision on the Regulation which should apply in the common organisation of the market in bananas which takes into account the obligations of the Community under the Lomé Convention;

Acknowledging with appreciation also the positive contribution made in this regard by the European Parliament and its relevant Committees;

Regretting that certain Member States of the Community do not recognize the importance of such a decision for the continued viability of the economies of ACP traditional suppliers and in particular that of the small, insular least developed ACP States and have therefore threatened to bring the matter before the European Court of Justice;

Being deeply concerned about the actions within the GATT of the Latin American producer countries backed by the transnational firms and operators that market their bananas in the Community;

Considering that the request of the establishment of GATT Panels in this regard constitutes an attack on the preferential arrangements of the ACP-EEC Convention;

Noting that in view of the organisation of the market as envisaged under Council Regulation 404/93 there will be need to make available to ACP traditional suppliers, financial and technical assistance for restructuring and modernising their industries to make them competitive on the Community market;

Pointing out therefore, that the sum provided for this purpose in the Commission's proposal for a special system of financial support should be enhanced to an amount not less than 30 million ECUs annually for the restructuring of ACP banana industries;

Appreciating the prompt and positive results of the European Parliament's examination of the Commission proposals for a system of financial and technical assistance;

Noting also the ACP position on (i) representation on the Ad hoc Committee (ii) the definition of operators; (iii) licensing and (iv) the principle of transferability;

Regretting the circumstances which have given rise to the French decision to invoke safeguard measures against imports of bananas from ACP supplying States, twice within the space of a few months;

Being exceedingly disturbed by the Commission's refusal to grant Italy the authority to derogate from the free circulation requirements of the Treaty of Rome to restrict inflows of "dollar" bananas into its market and thus protect Somalian bananas which have recently resumed being sold on the Italian market;

Decides to seek expert legal advice on the implications of the deliberations of the GATT Council on this matter, including proceedings of any Working Group or Panel that may be set up to deal with the present or future EC import regime on bananas as well as the implications of any action that EC Member States may take within the European Court of Justice;

Calls on the ACP States, Contracting Parties to the GATT, to participate actively and effectively in the next GATT Council meeting scheduled for 16 and 17 June and subsquent meetings, with a view to ensuring that they register their interest in the special trading arrangements under the Lome Convention and their intention to participate in any proceedings of any Panel established to examine the EC banana marketing regime;

Urges the Commission:

- to continue to defend and uphold its position that EC Regulation No.404/93 safeguards the market share of all banana interests in the Community market;

- to support and defend the integrity of the Lomé Convention and the Banana Protocol particularly in the context of the challenges to the Community's banana regime within the GATT;

- to take into account all the concerns of the ACP traditional supplying States with regard to the mechanisms which will be established for implementing the Regulations for the common organisation of the EEC banana market particularly: (i) definition of "operators"; (ii) the "licensing mechanism"; (iii) "the principle of transferability"; (iv) "the level of the ACP representation on the Ad Hoc Committee" and (v) "an increase in the quantum of the financial allocation for modernization and restructuring from 10 million ECU's to 30 million ECU's per annum";

- to activate the surveillance mechanism provided for under Protocol 4 of Lomé IV to determine the cause and origin of surplus bananas on the French market and to hold consultations with the ACP on the matter;

- to reconsider its decision regarding the granting derogations to Italy under Article 115 of the Treaty of Rome to ensure that the interests of Somalia are safeguarded taking into account that that traditional supplier to Italy has now resumed shipments to that market;

Calls on the Community:

- to exhort all its Member States to respect its decision in respect of the common rules, recognizing that all Member States have equal responsibility to honour all the commitments made and inscribed in the Fourth ACP-EC Convention;

- to expedite its approval of the Commission's proposal for a special system of technical assistance and financial support for ACP traditional suppliers so as to facilitate its coming into force simultaneously with the common rules on the effective date of 1, July 1993;

Resolves to bring this Resolution to the attention of the Community and its Member States, the Commission, the European Parliament and its relevant Committees and all other competent institutions of the ACP-EEC Convention;

DRAFT

RESOLUTION N4/LVI/93

OF THE 56TH SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS, BELGUIM FROM 13 TO 15 MAY 1993

ON THE FOUNDATION FOR ACP-EEC CULTURAL COOPERATION

The Council of Ministers,

A. BEARING IN MIND the various resolutions adopted in favour of the Foundation for ACP-EEC Cultural Cooperation and in particular the SUVA resolution requesting the Community to provide the Foundation with increased resources to enable it to accomplish its mission;

B. RECALLING the statement by the President of the Council of Ministers at the Joint Assembly's meetings held in Port-Moresby (Papua New Guinea) and later in Santo Domingo (The Dominican Republic), affirming that resources would be made available to the Foundation to ensure that it has a solid basis and enable it to widen the scope of its activities;

C. RECALLING the Protocol of Agreement signed between the Group of ACP States and the Foundation;

D. CONSIDERING that the Protocol of Agreement to be signed between the Commission of the EC and the Foundation as provided for at Annex XXII to the Fourth Lomé Convention has not yet been signed and that any extension of the deadline would jeopardize the Foundation's mission:

1. RENEWS its support to the Foundation and encourages it to continue promoting ACP-EEC and intra-ACP cultural cooperation.

2. EARNESTLY REQUESTS the Community to ensure that the multiannual appropriation is made available to the Foundation for the period corresponding to the first financial protocol of the Fourth Lomé Convention.

Ref:ACP/25/006/93

Brussels, 15 May 1993