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DRAFT SUMMARY RECORD OF THE 61st SESSION OF THEACP COUNCIL OF MINISTERS HELD ON 29 and 30 MAY 1995AT ACP HOUSE, BRUSSELSACP/25/020/95 Brussels, 17 October 1995AMS/sac |
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OPENING CEREMONY
The session was declared open at 15.25 by Hon. Themba N. MASUKU, Minister for Economic Planning and Development of Swaziland, President-in-Office of the ACP Council of Ministers.
Having welcomed delegates, the President expressed his gratitude to the participants for the support and confidence throughout the six months of his presidency.
With respect to the situation in some ACP countries, the President indicated that the agreement concluded by and between the Government of Angola and UNITA was a source of comfort and satisfaction for Council. In that regard he congratulated all those who contributed to bringing about that result and urged the Government and people of Angola to persevere in their endeavours.
However, events elsewhere in Africa continued to cause severe hardship and endless difficulties to innocent people. It was hoped that peace and stability would return to Somalia, Liberia, as well as Rwanda and Burundi so that the people of those countries could once again live a normal life.
With regard to the Mid-Term Review, the President reported that he had undertaken, with the Secretary General, lobbying missions to major EU capitals. Although those missions were extremely useful and positive , the President cautioned that a lot remained to be done by Council before the negotiations could be brought to a successful conclusion.
Finally, the President announced that a delegation from the Marshall Islands was attending the meeting as observers. He also made reference to an item of correspondence received from the Trade Minister of South Africa, the Hon. Trevor MANUEL, requesting observer status for South Africa at the session and asking to be given the opportunity to make a statement.
Council's proceedings
1. Adoption of the agenda [ACP/25/010/95 Rev.2]
Council considered and adopted the draft agenda as contained in document ACP/25/010/95 Rev.2.
2. Communication from the President.
This item was carried in the President's opening statement.
3. Appointment of a Rapporteur and Friends of the Rapporteur
In accordance with the rules guiding the choice of a Rapporteur when a Council session is held at Headquarters, the responsible region - in this case East Africa - was required to nominate a Rapporteur. Consequently, ETHIOPIA, the region's nominee, was appointed Rapporteur of the 61st session of Council.
The countries listed below were designated by their regions to serve as Friends of the Rapporteur :
Central Africa : CENTRAL AFRICAN REPUBLIC
Southern Africa : BOTSWANA
West Africa : NIGERIA
Caribbean : JAMAICA
Pacific : FIJI
4. Approval of the draft summary record of the 60th session of the ACP Council held in Brussels on 14, 15 and 18 February 1995 [ACP/25/012/95 Rev.1]
Presenting the draft summary record of the 60th session of Council on behalf of the Rapporteur the Minister from Congo, H.E. Mr P.A. MAPINGOU, Ambassador of Congo, thanked the Friends of the Rapporteur for their help in finalizing the draft. He also complimented the Secretariat for having provided the first draft.
Council considered and adopted the draft summary record of its 60th session and commended the rapporteur and his friends for having accomplished, for the second successive time, a good job.
5. Implementation of Council's plan of action following the breakdown of the negotiations [ACP/25/009/95 Rev.1]
a) report on the lobbying missions and other activities related thereto [ACP/00/013/95 Rev.1]
b) state of negotiations [ACP/00/021/95]
c) public relations [ACP/42/001/95]
Introducing the item, the President drew to the attention of Council the various documents dealing with the general issue of the Mid-Term Review and he invited participants to focus the discussions on the question of the strategy to be pursued during the course of the weeks to come.
He commended the Secretary General and the Secretariat for the preparations of the lobbying missions and the support provided during his meetings with various EU authorities in the capitals visited.
Having heard the President's report on the lobbying missions and on other related activities undertaken since the breakdown of the negotiations in February 1995 and following an extensive exchange of views, Council :
- agreed to undertake massive concerted action at all levels in order to bring pressure to bear on the EU and on the UK Government in particular;
- suggested that selected ACP Heads of State and Government be requested to meet their EU counterparts on the question of the volume of resources. The delegations, if possible, should be composed of representatives of Africa, the Caribbean and the Pacific;
- further suggested that the forthcoming OAU Foreign Ministers' meeting and/or Summit of Heads of State and Government should be persuaded to adopt and to address to the EU a resolution on the Mid-Term Review;
- directed that a strong press release on the question of the Mid-Term Review and 8th EDF be issued to the media, as well as a well-advertised press conference at the end of the on-going Council session;
- decided to authorize the Committee of Ambassadors to recruit a professional lobbyist with immediate effect as well as a public relations firm in order to project ACP views more forcefully outside the ACP fora.
Council also held an exchange of views on alternative positions on the financial envelope in order to be in a position to deal effectively with the new position to be taken by the EU. It was recognized that an effective way of dealing with that problem would be to ensure that the lobbying exercise is thorough and focuses on the ACP's proposed figure (i.e. 15.8 MECU).
Finally, Council expressed its gratitude to the President for having undertaken on behalf of the ACP Group, effective lobbying missions to a number of EU capitals. In that regard, Council agreed that the expenses incurred by the President during those missions be reimbursed by the ACP Group (see ACP/00/022/95 for further detail on the strategy).
6. Consideration of the Committee of Ambassadors' activity report [ACP/26/030/95 Rev.1]
Following the presentation of the activity report by the Chairman of the Committee of Ambassadors, H.E. Mr A. Hassan MSHANGAMA, Ambassador of Tanzania, Council discussed the following matters :
PART 1 : ACP-EU COOPERATION
A. : TRADE COOPERATION
i) Accession to the WTO : In view of the importance of the WTO to the ACP States, Council endorsed the Committee's recommendations that :
a) the 24 ACP States which have not yet taken steps to become members of the WTO should apply to accede, in accordance with Article XII of the Marrakesh Agreement establishing the World Trade Organization, within the shortest time possible;
b) the ACP representatives in Geneva and Brussels should do their utmost to meet at least once every three months to brief each other and to exchange ideas;
c) the ACP States should continue to monitor closely the developments in the GATT 1947 and the WTO not only with regard to bananas but also when the Waiver becomes due for review;
d) the Secretary General should negotiate and secure Observer Status for the ACP Group in the WTO bodies;
e) the Secretary General should seek EDF funding for the Secretariat's presence in Geneva.
Finally, Council requested the Committee of Ambassadors and the Secretary General to report to Council in November 1995 on the implementation of the decision.
ii) Bananas : Having discussed the various issues affecting the banana regime, namely :
- the on-going amendment of Regulation No.404/93;
- the enlargement of the European Union and the consequential expansion of the EU domestic market;
- USTR support of the baseless claim by certain US-based multinational fruit traders that Regulation 404/93 and the framework Agreement are harming US commercial interests;
- the importance of the category "B" licenses to the ACP traditional supplying states;
Council requested the European Council :
- to ensure that the essential elements in the ACP proposals for amending Regulations 404/93 are given due consideration in any final decision reached in its deliberations;
- to preserve the current 30% "B" category share of import licenses to allow ACP traditional bananas to be marketed at an economic rate of return in the enlarged European Community and to maintain the ACP's original market share under Regulation 404;
- to maintain its current position on the USTR 301 action to the effect that no further concessions to the multinationals trading in "dollar" bananas are to be considered.
Finally, Council insisted that the European Community should on no account grant further increases in the global tariff quota beyond the amount specified in the draft Commission Regulation COM 95 115 - Final.
iii) Sugar : Following the statement by the Ministerial Spokesman on Sugar, Hon. K.C. RUHEE, Minister of Agriculture and Natural Resources of Mauritius covering :
- the ACP request for increased preferential access to meet the EU refiners' deficit;
- the 1994/95 and 1995/96 guaranteed prices
- state of delivery for the 1994/95 marketing year
- the 1992 study on ACP freight and transport costs
- the accession of Zambia to the Sugar Protocol at a zero quota
- the mandate handed down to the Subcommittee to prepare the organization of the Fourth Special Ministerial Conference for early 1996;
Council, after an exchange of views, called on the European Union to :
- fully acknowledge the socio-economic importance of sugar exports to the ACP signatory States and the investment made to ensure the supply of the EU refiners deficit;
- agree to a level of price which would enable the ACP signatory States to supply the full quantity of sugar needed by the EU refiners to keep them operational;
- ensure that the price, tariff and quantity offered to the ACP fully recognize the need for the maintenance of the preferential status of the ACP suppliers; and
- expedite the enactment of the necessary legislation for Zambia to join the Protocol.
iv) Commodities :
Use of vegetable fat other than cacao butter in the manufacture of chocolate : Under this item, the Head of delegation of Côte d'Ivoire, H.E. Mr KOLIABO, Ambassador, invited producers of cocoa and shea nut and shea butter to a workshop to be organized in Abidjan, from 17 to 22 July 1995.
Council welcomed the invitation.
v) Stabex : Council accepted the request from the Kingdom of Tonga for the inclusion of squash pumpkin in the Stabex list, Article 187 of Lomé IV Convention.
vi) Agricultural cooperation :
Procedure for the appointment of the Director of the CTA : Having taken note of the appointment of Mr Rodney COOKE, an EU national, as new Director of the CTA, Council instructed the Committee of Ambassadors to pursue its efforts to amend the Convention with a view to bringing the CTA's structure in line with those of the joint institutions. The objective of that exercise would be to ensure equitable representation of the two parties, ACP and EU, at the management level of the CTA via the creation of a post of Deputy Director.
viii) Intra-ACP, Regional, Cultural and Social Cooperation :
a) AIDS Pilot Project : Having noted the results of the study on the Efficacy of an Immunotherapeutic Treatment of AIDS, and that some ACP States had indicated their wish to collaborate with the medical researchers, Council mandated the Committee of Ambassadors to submit the pilot project to the European Commission for financing.
b) Other projects falling under Intra-ACP and Regional Cooperation : Having examined the section of the activity report covering this area, Council mandated the Committee of Ambassadors to :
- press for a written response from the European Commission regarding the funding of the Charles Katungi Project;
- ensure that the Secretariat takes all the necessary steps so that the Women in Development Project and the ACP Migrants in Europe Project are implemented without further delay;
- report to Council in November 1995 on the implementation of this Decision.
ACP INTERNAL MATTERS
A. ADMINISTRATIVE MATTERS
Extension of contracts of temporary staff
Council took note of the on-going examination of the evaluation carried out by the ACP consultants on the staff position. While awaiting the outcome of this exercise, it directed the Committee of Ambassadors to consider the case of the temporaries on the basis of principle and make firm recommendations.
In the meantime, Council recommended that temporary staff be given contracts up to the end of the year to ensure that there is no disruption in the smooth functioning of the Secretariat given the critical stage reached in the mid-term review of the Fourth Lomé Convention.
B. FINANCIAL MATTERS
Contributions owed by Liberia :
In the process of considering Liberia's request to be exempted from the application of sanctions and to have its outstanding contributions for 3 years, (i.e. 1994 to 1996 inclusive) waived, Council recognized that there had not been any significant improvement in that country's situation.
In view of the lack of marked improvements in the economic and social circumstances of Liberia, Council endorsed the recommendation of the Committee of Ambassadors, namely :
- to exempt Liberia from the application of sanctions as prescribed under the Financial Regulations;
- to waive payment of contributions by Liberia for the years 1994 and 1995 (BF 6 288 260) and to charge these to the Reserve Fund;
- to request Liberia to provide Council in November 1995 with an update of the prevailing situation with a view to considering exemption from 1996 contributions.
Situation in Rwanda
Following a statement by the Head of Delegation of Rwanda, H.E. Mr Denis POLISI, on recent developments in his country, Council :
- affirmed the necessity of supporting all efforts aimed at restoring peace and security in Rwanda and the region as a whole;
- called on the Rwandan Government to guarantee the security of the civilian population and to implement the recommendations of the Independent International Enquiry;
- urged the EU to ensure that the structural aid for the rehabilitation and reconstruction of Rwanda is restored as soon as possible;
- emphasized the urgent need for the UN and the OAU to guarantee security in the refugee camps and adopt measures to prevent the reconstitution of the militia and armed forces suspected of being behind the 1994 genocide;
- requested the UN to make good the promises to grant the International Tribunal the means for pursuing its action for justice.
7. Consideration of the report of the Ministerial Committee on South Africa's request to be aligned with the Lomé Convention [ACP/26/028/95 Rev.2]
Following a full presentation of the report captioned above by Hon. John MOMIS, Minister of Information and Communications of Papua New Guinea, Council considered and accepted the report and its recommendations as reflected hereunder :
- the ACP Group agreed to South Africa's accession to the Georgetown Agreement and to the Lomé Convention subject to the exclusion of certain areas;
- negotiations should be held between the parties concerned with a view to defining the legal framework and the exact content of its accession;
- ACP States whose interests may be affected by South Africa's accession should prepare appropriate dossiers for negotiations with South Africa;
- interim arrangements should be adopted for the Republic of South Africa's accession to the Lomé Convention pending consultations with ACP capitals;
- a special clause on South Africa's accession to the Lomé Convention similar to Article 364 which enabled the accession of Namibia, would have to be included in the Lomé Convention during the mid-term review, so as to avoid a new ratification process.
Finally, Council instructed the Committee of Ambassadors to follow up in due course, the negotiations relating to South Africa's accession to the Lomé Convention.
Taking the floor, the Ambassador of South Africa to Brussels, H.E. Mr N. VAN HEERDEN, informed Council that the Minister of Trade and Industry of South Africa, Mr Trevor MANUEL, who had hoped to avail himself personally of the invitation to attend the Council session in an observer capacity, had been unable to come to Brussels. The Ambassador had been asked to convey a brief message on behalf of the South African Government.
To that effect, he expressed sincere appreciation of the Government of South Africa for the goodwill and supportive spirit in which the work of the Ad Hoc Group had been conducted.
Concluding his intervention, the Ambassador indicated that he had been directed to assure Council that South Africa would not seek to take up any of the benefits available in terms of the Lomé Convention at the expense of the current membership. Neither would South Africa be party to a relationship with the EU which would be detrimental to the interests of the ACP countries.
8. Designation of the new Ministerial Bureau
The countries listed below were designated to serve on the new Ministerial Bureau which shall assume function after the 61st Council session :
Pacific : PAPUA NEW GUINEA President
Central Africa : GABON Member
East Africa : ETHIOPIA Member
Southern Africa : NAMIBIA Member
West Africa : SENEGAL Member
Caribbean : DOMINICA Member
9. Outcome of the 61st Council session
Adoption of draft decisions and resolutions
Council considered and adopted the following decisions and resolutions :
a) Decisions :
No. 1/LXI/95 : Recruitment of a lobbyist and a public relations firm
No.2/LXI/95 : Contributions owed by Liberia
No.3/LXI/95 : South Africa's request for alignment with the Lomé Convention
No.4/LXI/95 : Coordination of ACP Group's position with the WTO
No.5/LXI/95 : AIDS Pilot Project
No.6/LXI/95 : Intra-ACP, Regional, Cultural and Social Cooperation
No.7/LXI/95 : The appointment of Mr Carl B. GREENIDGE as Acting Secretary General of the ACP Group
To be finalized
No.8/LXI/95 : ACP preparation for the European Union post-Maastricht review conference.
b) Resolutions
No.1/LXI/95 : Bananas
No.2/LXI/95 : Sugar
No.3/LXI/95 : the Situation in Rwanda
Vote of thanks to Mr Daniel ASSOUMOU MBA, Director of the CTA and Mr Paul FRIX, Director of the CDI
Having recognized that the two Directors had made a significant contribution to the establishment and smooth operation of the CDI and CTA, thereby contributing to the attainment of the objectives fixed by their respective institutions, Council expressed to them its deep gratitude for the services they rendered the ACP countries. Council also wished them all the best in their future endeavours.
10. Date and Venue of the next meeting :
- the ACP Council of Ministers
- the ACP-EU Council of Ministers
The Caribbean region advised Council that it would be holding a regional summit from 8 to 12 July. Consequently those dates should be taken into account in any consultations on the holding of the two Council sessions.
The Secretary General indicated that the dates of the Council sessions would depend on the progress made by the EU on the question of the 8th EDF. ACP Missions would be kept informed on any movement on the matter.
Council took note.
11. Election of the Secretary General
Introducing the item, the President of Council recalled the decision taken by the 60th session following its inability to appoint a Secretary General, namely that Council :
a) agreed that the procedure should start afresh;
b) set the end of March 1995 as the deadline for the submission of new candidatures;
c) invited the four African regions to do their utmost to propose one candidate to the 61st session of Council
He informed Council that the candidatures of the two nominees in the race were received.
The brief report of the President was followed by consultations among a group of African Ministers chaired by the Head of delegation of Nigeria, the Hon. Chief Ayo Ogunlade, Minister of the National Planning Commission.
Reporting directly to Council on the outcome of those consultations, the Head of Delegation of Nigeria indicated that the group had failed to reach a consensus on a single African candidate. However, to avoid the recurrence of a similar situation, it was proposed that, for purposes of equity, fairness and justice, all top posts should rotate among the 6 ACP regions on the model of the Ministerial Bureau. The posts involved are :
- Secretary General
- Deputy Secretary General
- Director of the CDI and Deputy Director
- Director of the CTA and Deputy Director.
In the event that a Secretary General was not elected after the first round of voting, the 2/3 majority principle should be waived and a Secretary General be elected by a simple majority. In addition a firm interim arrangement should be made so as to have continuity in the functioning of the Secretariat up to the signing ceremony of the second Protocol of Lomé IV Convention, by which occasion the African Group could have, hopefully, resolved the issue of a single nominee.
The recommendations were queried by some members of the region and a 30-minute suspension was granted to enable the African Group to consult at plenary level.
Reporting on the outcome of these consultations meetings, the Head of delegation of Seychelles, the Rt Hon Mrs Danielle DE ST JORRE, Minister for Foreign Affairs, Planning and Environment, told Council that the African Ministers were unable to reach a consensus on a single candidate. They had agreed that Council should proceed to vote as provided by the Georgetown Agreement to elect a Secretary General from among the two candidates :
- H.E. Mr M. IBINGA MAGWANGU of Gabon
- Dr M.T. MAPURANGA of Zimbabwe.
The two rounds of voting produced
the following results :
| CANDIDATE | 1ST ROUND | 2ND ROUND |
| H.E. Mr M. IBINGA MAGWANGU | 20 | 20 |
| Dr M.T. MAPURANGA | 40 | 40 |
| Abstensions | 3 | 3 |
In the light of the above results - neither candidate having succeeded in getting 4/5 of the votes - Council agreed to pursue the voting process at its next session. Without prejudice to that process, Council urged the two parties to continue the consultations.
In view of the fact that the 61st session of Council was unable to appoint a Secretary General, Council appointed Mr Carl B. GREENIDGE, Deputy Secretary General as Acting Secretary General from 1 June 1995 until a new Secretary General takes office.
Vote of thanks to the outgoing Secretary general
Following a tribute paid to the outgoing Secretary General, Dr Ghebray BERHANE of Ethiopia by spokesmen of the various ACP regions, Council adopted a vote of thanks in recognition of the invaluable services he rendered to the ACP Group. Council recalled that he was not only instrumental in the establishment of the organs of the ACP Group but, as Ambassador, Co-President of the ACP-EU Joint Assembly and ACP Secretary General, also contributed in no small measure to the realization of the objectives of the ACP Group and the Lomé Convention. Council decided to name the conference Room B "the Dr Ghebray BERHANE Room". Council wished him well in his future endeavours.
For his part, Dr Ghebray BERHANE, in a farewell speech, thanked Council for giving him the opportunity to serve the ACP Group and paid tribute to the members of staff who gave him support during his eventful stay at the head of the ACP Secretariat.
The outgoing Secretary General expressed regret that he had not had the pleasure of congratulating his successor but nonetheless he took stock of the major accomplishments during his term of office and mapped out some outstanding important issues to be tackled.
Finally, he paid tribute to the President of Council for having served the ACP Group with great commitment and abnegation.
The President elect, the Rt. Hon John MOMIS, Minister of Information and Communications of Papua New Guinea, expressed, on behalf of Council, gratitude to the outgoing President and his Bureau, and to the Ministerial negotiators for the excellent work they accomplished during the critical period of the Mid-term Review. He also expressed appreciation for the support and assistance provided by the Committee of Ambassadors, the Secretary General and the entire staff complement of the Secretariat. He concluded that he was looking forward to enjoying the same when his Bureau assumed its mandate.
Concluding remarks
In his concluding remarks the President thanked sincerely all participants for their support during the mandate of his Bureau and the latter for their cooperation with the President. He thanked the outgoing Secretary General for the guidance he had provided during the lobbying missions and at the 60th session held in February 1995.
He indicated that he had observed that fewer Ministers were attending Council sessions, a tendency which should be discouraged. In that regard, he appealed to the ACP countries to send Ministers to Council sessions in order to give that meeting a ministerial imprint.
Finally, he expressed Council's
appreciation to the Committee of Ambassadors and the Secretariat for their
support and assistance to Council. He wished all delegates a safe return
to their respective destinations.