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			ACP/25/009/96 Apia, 26 June 1996 DECISIONS AND RESOLUTIONSOF THE 63rd SESSION OF  THE COUNCIL OF MINISTERS HELD AT APIA, WESTERN SAMOA FROM 24 TO 26 JUNE 1996

REVISION OF THE STAFF REGULATIONS

CONTRIBUTIONS OWED BY EQUATORIAL GUINEA

APPOINTMENT OF ACP SECRETARY-GENERAL

MANDATE ISSUED TO THE COMMITTEE OF AMBASSADORS
TO PREPARE SPECIFIC PROCEDURES FOR APPOINTING
THE SECRETARY GENERAL OF THE ACP GROUP

COORDINATION OF ACP POSITION DURING THE WTO
MINISTERIAL CONFERENCE IN SINGAPORE

SUMMIT OF HEADS OF STATE AND GOVERNMENT OF THE ACP GROUP

IMPROVING THE IMPLEMENTATION OF THE PROVISIONS
OF THE 4TH LOME CONVENTION RELATING TO
ARTICLES 25 AND 26 OF PROTOCOL 1

BANANAS

SUGAR

BEEF AND VEAL

MOBILIZATION FOR THE IMPLEMENTATION OF THE PROVISIONS
OF THE CONVENTION IN THE FIELD OF TRADE AND CUSTOMS COOPERATION AT NATIONAL AND REGIONAL LEVELS

1993-94 STABEX TRANSFER FOR RWANDA

SUSPENSION OF AID TO EQUATORIAL GUINEA

ACP-EC RESOLUTION ON SOMALIA

 
 
 
 

REVISION OF THE STAFF REGULATIONS

  The ACP Council of Ministers,

Having regard to the Georgetown Agreement establishing the African, Caribbean and Pacific Group of States, in particular Article 20 thereof;

Recalling Decision N°. 8/LII/91 of the 52nd session instructing the Committee of Ambassadors to review and merge some provisions of the Staff Regulations;

Having regard to Article 75 of the Staff Regulations;

Having noted the Committee of Ambassadors' recommendations on the review of the Staff Regulations as set out in its report (ACP/26/047/96 Rev. 1).

Considering that it has not been possible to reach a consensus on the issue,

HEREBY DECIDES

to request the Committee of Ambassadors to re-examine document ACP/41/025/96 Rev.1 on the Review of the Staff Regulations, and to submit its recommendations to the next Council Session.

 
 
 
 

CONTRIBUTIONS OWED BY EQUATORIAL GUINEA

  The ACP Council of Ministers,

Having examined Equatorial Guinea's request for its arrears of contribution for the years 1985 to 1996 to be waived;

Noting Equatorial Guinea's undertaking to settle all its contributions in the amount of BF 12 557 264 (including interests on arrears as at 1995 and the amount of contributions to the 1996 budget) by rescheduling them over a period of 4 years, i.e. 1996-1999.

Having taken note of the fact that a part payment of BF 2 903 944 has been made and that the Committee of Ambassadors has submitted its recommendations

(Doc. ACP/45/011/96 Rev.1).

HEREBY DECIDES:

1. to waive the interests on arrears of contribution as from 01 January 1996;

2. to accept the repayment schedule proposed, i.e. :

- BF 3 018 056 before the end of December 1996;

- BF 2 186 000 plus 1997 contribution, in 1997;

- BF 2 186 000 plus 1998 contribution, in 1998; and

- BF 2 263 264 (balance of debt) plus 1999 contribution, in 1999;

3. to exempt Equatorial Guinea from the application of sanctions as provided for in the Financial Regulations, provided it strictly adheres to the repayment schedule.

Done at Apia, 26 June 1996

H.E. Mr. Zéphirin DIABRE

Minister of Finance and Economic Planning of Burkina Faso

 
 
 
 

APPOINTMENT OF ACP SECRETARY-GENERAL

  The ACP Council of Ministers,

Having regard to the Georgetown Agreement establishing the African, Caribbean and Pacifique Group of States;

Having regard to the Staff Regulations of the General Secretariat, in particular Articles 8, 9 and 10 thereof;

Considering the "Mbabane Agreement" allocating the post of ACP Secretary General to the African region;

Having examined the Committee of Ambassadors' recommendations on the issue;

HEREBY DECIDES :

1. to appoint MR NG'ANDU PETER MAGANDE Secretary-General of the African, Caribbean and Pacifique Group of States with effect from the date on which he takes office.

His appointment expires on 29 February, 2000;

2. to instruct the President of the ACP Council of Ministers to issue him with the appropriate letter of appointment.Done at Apia, 26 June 1996
H. E. Mr Zephirin DIABRE

Minister of Finance and Economic Planning of Burkina Faso

President-in-office of the ACP Council of Ministers

 
 
 
 

MANDATE ISSUED TO THE COMMITTEE OF AMBASSADORS TO PREPARE SPECIFIC PROCEDURES FOR APPOINTING  THE SECRETARY GENERAL OF THE ACP GROUP

  The ACP Council of Ministers,

Having regard to the Georgetown Agreement bearing on the creation of the African, Caribbean and Pacific Group of States ;

Bearing in mind the Staff Regulations of the ACP General Secretariat, and notably its Article 5;

Considering Decision N7/LXII/95 of the 62nd session of the Council of Ministers;

Taking into account the Committee of Ambassadors' report (document ACP/25/007/96)

DECIDES :

to renew the Committee of Ambassadors' mandate to enable it to prepare specific procedures governing the appointment of the Secretary General and submit them to Council at its next session.
 Done at Apia on the 26th day of June 1996

 H. E. Mr. Zéphirin DIABRE
Minister of Finance and Economic Planning of Bukina Faso

 
 
 
 
 

COORDINATION OF ACP POSITION DURING THE WTO  MINISTERIAL CONFERENCE IN SINGAPORE

 The Council of ACP Ministers,

RECALLING its mandate to the Committee of Ambassadors and the Secretary General to monitor closely the developments in the GATT 1994 and the WTO;

SATISFIED that a sizeable number of ACP States have become or are in the process of becoming members of the WTO;

BEARING IN MIND the recommendation of the Committee of Ambassadors urging the ACP Members to participate fully in the WTO with a view to safeguarding ACP's interests;

HEREBY DECIDES THAT:

i. ACP Members of the WTO should be encouraged to attend and participate at the WTO Ministerial Conference to be held in Singapore from 7 - 15 December 1996;

ii. Prior to the Singapore Ministerial Conference, the Committee of Ambassadors and the Secretary General should organize an information seminar in Brussels for Senior ACP officials responsible for trade matters to prepare ACP Ministers and officials who will be attending the Conference;

iii. The Secretary General should seek EDF funding for the seminar as well as of the Secretariat's participation at the Conference.Done at Apia on the 26th day of June 1996
 
 

Zéphirin Diabre

Minister of Finance and Economic Planning of Burkina Faso

President-in-Office of the ACP Council of Ministers

 
 
 
 

SUMMIT OF HEADS OF STATE AND GOVERNMENT OF THE ACP GROUP

 The ACP Council of Ministers,

HAVING REGARD to the Georgetown Agreement establishing the ACP Group;

HAVING RECORDED the candidatures of Mauritius and of the Republic of Gabon to host the Summit of Heads of State and Government of the ACP Group;

HAVING further noted Mauritius' declaration to withdraw its candidature;

HEREBY DECIDES to accept the offer of the Republic of Gabon.
 Done at Apia, 26 June 1996

H.E. Mr. Zéphirin DIABRE

Minister of Finance and Economic Planning of Burkina Faso

President-in-Office of the ACP Council of Ministers

 
 
 
 
 

IMPROVING THE IMPLEMENTATION OF THE PROVISIONS OF THE 4TH LOME CONVENTION RELATING TO  ARTICLES 25 AND 26 OF PROTOCOL 1

 The ACP Council of Ministers,

HAVING REGARD to the 4th ACP-EC Convention signed in Lome on 15 December 1989 especially Protocol 1, Articles 25 and 26 thereof;

WHEREAS the ACP States should forward to the Commission specimens of the stamps used together with the addresses of the customs authorities entitled to issue EUR 1 movement certificates and carry out the subsequent verification of the EUR 1 movement certificates and the EUR 2 forms;

WHEREAS the customs authorities of the importing State should be notified of the outcome of the subsequent verification within six months;

NOTING that the majority of the ACP States have not abided by the obligations set out in the above articles despite the numerous reminders that have been sent to them;

WHEREAS non-compliance with these obligations by the ACP States constitutes a serious risk for their exports and also creates an atmosphere of suspicion which prompts the customs authorities of the EU Member States to recourse more frequently to requests for subsequent verification,

HEREBY URGES the ACP States to:

1. ensure that the customs authorities of their respective countries abide by the provisions of Articles 25 and 26 of Protocol 1 to the 4th Lome Convention by establishing the relevant mechanisms for respecting these obligations
2. set up an administrative structure for prompt reaction to requests from the customs authorities of the EU Member States and the ACP General Secretariat,
3. request their customs authorities to appoint correspondents to take charge of the customs matters under the ACP-EU Convention and to communicate their names and addresses to the ACP General Secretariat.

The ACP Council of  Ministers,

Recalling the resolution adopted in this regard by the 22nd Session of the ACP-EU Joint Assembly held in Windhoek (Namibia) from 18 to 22 March 1996;

Stressing the importance of banana exports to the EU market to the economies of the ACP exporting States;

Recalling the objectives of the ACP-EC Convention for improving ACP trade flows to the Union, and in particular the commitment in Protocol 5 on bananas including Annex LXXIV in the Lomé IV Convention, to safeguard access for traditional suppliers and improve the conditions under which ACP bananas are produced and marketed in the Union;

Considering the persistent threats to the regime, and in particular, the WTO Dispute Settlement Panel which was established at the request of the USA and four Latin American countries to determine the compatibility of the Regime with international trade rules;

Noting the Community's commitment to the defence of the Regime, and considering that it was the best possible compromise for maintaining ACP's share of the market after the Common Organization of the Market for banana was established;

Aware of the fact that the excessive increase in the tariff quota from 2,200 million tonnes to 2,550 million tonnes has led to a price collapse on all the European markets;"

Considering that the Community has proposed certain amendment to the Regulation governing the functioning of the Single Market, and that some of the amendments are contrary to the legitimate concerns and interests of the ACP;

Noting with concern the severe hardship experienced by ACP suppliers as a result of the collapse in prices resulting from an oversupply of the market due to excess dollar bananas being imported into the Union;

Noting the commitment given within the context of the Mid-term review of the ACP-EU Convention and the joint declaration (Annex LXXXVIII) to provide adequate resources under the VIIIth EDF in the Second Financial Protocol of Lomé IV for banana supplying States;

Calls on the Commission and the Council of the European Union to:

1. ensure that the commitment given to the ACP in Protocol 5 and Annex LXXIV of Lomé IV by guaranteeing the advantages in, and access to EU market for ACP bananas are fully maintained;

2. give full consideration to the ACP's position with regard to the proposed amendments to Regulation (EC) 404/93; particularly:-

- to draw up and put into effect the modalities for the transferability among all ACP banana producing States in the event of any short delivered quotas;

- force majeure provision;

- exemption from "dollar" licence requirements for the non-traditional quantities;

- the special situation of the Windward Islands;

- allocation of the 5,000 tonnes to Ghana;

3. Ensure that any modification of the banana regime does not reduce the advantages the ACP were guaranteed on the EU market;

4. maintain the ACP share of the "B" licences at the current level so that they are not further disadvantaged as a result of the expansion of the EU market;

5. adopt urgent measures to check the drastic and historic price decline which is mainly due to the unrealistic increase in the tariff quotas;

6. introduce measures to provide ACP banana producing States, including non-traditional suppliers, with financial and technical assistance to permit them to adopt to the changing market conditions and to compensate their producers who are undergoing severe hardship as a result of market price collapse;

 7. find a satisfactory solution to the question of participation in the growth of ACP banana markets following the enlargement of the European Union by the addition of the three new Members.

Instructs the President of the ACP Council of Ministers to bring this Resolution to the attention of the ACP-EC Council and its Member States, the Commission, the European Parliament and all other institutions of the ACP-EEC Convention.

 
 
 
 
 

SUGAR

  The ACP Council of  Ministers,

Reaffirming the resolution on Sugar adopted during the 62nd Session of the ACP Council of Ministers held in Port Louis (Mauritius) from 1 - 5 November 1995;

Recalling the resolution on sugar adopted by the 22nd Session of the ACP-EU Joint Assembly held in Windhock (Namibia) from the 18 to 22 March 1996;

Reiterating the importance of the Sugar Protocol to its Signatory States and its contribution to their socio-economic development, political stability, and the furtherance of democracy, good governance and rule of law in those States;

Reemphasising the ACP's commitment to supply the EU refiners with sugar under the Protocol and Special Preferential Sugar (SPS) Agreement;

Recognising the investment made over the years by ACP Signatory States to ensure they honour their contractual obligations to supply the EU raw cane sugar requirements;

Considering that the ACP Sugar Supplying States have to undertake a major investment programme at both field and factory level so as to reduce costs of production, improve sugar recovery, optimise the use of by-products and ensure compliance with environment norms;

Considering also the mutual benefits to the EU and to the ACP of the Special Preferential Sugar Agreement which is compatible with WTO requirements;

Noting with concern that the EU's restrictive pricing policy and its consequent negative impact on ACP Sugar Industries and the economies of the signatory States;

Noting that no offer has yet been made by the EU as regards the guaranteed price applicable to the 1996/97 marketing period and that the ACP has already submitted the economic factors that should be considered when determining that price;2

 Recalling that the 1992 Study on Transport Costs has already acknowledged the heavy burden to the ACP of transporting sugar from factory to European ports and the high insurance costs associated with the ageing of the type of vessels which can be accommodated at European ports of discharge;

Noting the conclusion of the 4th Special Ministerial Conference on sugar and the commitment of the Signatory States to the future development of the industry and to improving efficiency and competitiveness;

Noting with satisfaction that sugar has been included in the list of sensitive products within the framework of the Free Trade Agreement negotiations between the EU and the Republic of South Africa.

Noting the need for ACP States to actively participate in the forthcoming Ministerial meeting of the WTO in Singapore n December 1996 and to monitor closely the deliberations in the WTO that could have a bearing on the interests of ACP States signatory to the Sugar Protocol.

Calls on the European Union to:

1. note that the ACP has demonstrated its commitment to supplying the EU's raw cane sugar deficit by the successful implementation of the first year of the Special Preferential Sugar Agreement.

2. support the ACP in their endevours to improve the efficiency and the competitiveness of their Sugar industry.

3. recognise the value and the vital importance of the Sugar Protocol and of the SPS to the socio-economic development of the Signatory States;

4. give due consideration to the socio-economic factors highlighted in the ACP's annual memorandum when determining the guaranteed price to be offered for the 1996/97 marketing period;

5. recognise the specificity of sugar by ensuring that it is not covered by Free Trade Agreements or any agreement purporting to trade liberalisation entered into by the EU with third countries;

6. expedite the implementation of the recommendations of the 1992 transport cost study including those relating to the improvement of unloading conditions at European Ports of discharge.

Instruct the President of the ACP Council of Ministers to bring this Resolution to the attention of the ACP-EU Council and its Member States, the Commission, the European Parliament and all other institutions of the ACP-EU Convention.

Recalling the commitment given in Protocol 7 of the lome IV Convention to the ACP traditional exporters of beef and veal to maintain their position on the Community market, thus guaranteeing a certain level of income for their producers;

Considering that Article 1 of the Protocol was amended, increasing the reduction in duty from 90% to 92% to ensure that the Community honour its obligation and no ACP supplier is made worse off as a result of the tarification resulting from the Uruguay Round Agreement on Agriculture;

Noting that the reduced duty payable on beef and veal should have come into effect on 1 July 1995, and indeed the Community's own concessions became effective on that date;

Noting with concern the severe hardship being experienced by ACP farmers as a result of being forced to pay the increased charges, and that the Community's commitment in the Protocol, guaranteeing producers a certain level of income, is not being honoured;

Considering that the ACP's request to the EU for action on this matter and for the agreement to be implemented retroactively to 1 July 1995, the implementation date of the EU agreement under the Uruguay Round, has not yet been considered;

Considering that ACP beef producing regions have been declared BSE (Mad Cow Disease) free and that beef produced in those regions should not be subject to the restrictions imposed by the Beef (Emergency Control) Order 1996 which was recently enacted to restore consumer confidence after the linking BSE with a human condition in the United Kingdom;

Concerned that in the exemption granted for some producing countries from the Beef (Emergency Control) Order 1996, two ACP Beef Protocol States, Kenya and Madagascar have not been included;2

 (i) Calls on the Commission and the Council of the European Union to:

1. honour the commitment given to the ACP in Protocol 7 on Beef and Veal of the Lomé IV Convention by ensuring that the necessary legislation is enacted and made retroactive to 1 July 1995 for ACP producers to benefit from the 92% reduction in duty;
2. Ensure that the two ACP members of the Beef and Veal Protocol who are traditional suppliers of beef and veal to the EU are included in the exemption to the Beef (Emergency Control) Order 1996.

 
 
 
 
 

MOBILIZATION FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE CONVENTION IN THE FIELD OF TRADE AND CUSTOMS COOPERATION AT NATIONAL AND REGIONAL LEVELS

  The ACP Council of Ministers,

Meeting in Apia, Western Samoa from June 24 - 26, 1996,

RECALLING the conclusion of the mid term review of the Lome IV Convention;

CONCERNED that after 20 years of the preferential relationship under the Lome Convention the objective of promoting and diversifying trade between ACP States and the European Community has not been achieved by way of either improving the overall performance of ACP exports in the EU market or in diversifying the range of exports towards higher value added products;

BEARING IN MIND the competition unleashed by the liberalisation and globalization as a result of the agreements reached under the Uruguay Round and the consequent marginalization of the ACP countries;

COMMITTED to the decisions reached during the mid term review to give priority to trade development in the context of national and regional programmes and to the need for implementing coherent trade policies and strategies in line with the comparative advantages and priorities set by each ACP State;

AWARE that trade development is crucial for the achievement of a smooth and gradual integration of ACP economies into the world economy and that trade development provides the best alternative to avoid further marginalization;

REQUESTS the ACP countries and regions to fully utilize the provisions of the Lome Convention on trade, industrial cooperation and development finance as a catalyst to facilitate trade development, structural transformation, and diversification as a means of improving productivity and competitiveness;2

 URGES all ACP countries and regions to give high priority to the development of trade with a view to accelerating the growth of their economies and to therefore provide adequate resources in their national and regional EDF indicative programmes during the forthcoming programming missions for implementing trade development projects and programmes both at national and regional levels;

CALLS on the ACP States to strengthen and deepen regional cooperation and integration through the implementation of appropriate programmes and trade liberalization and the removal of trade barriers hampering intra-regional trade;

INSTRUCTS the President of Council to circulate this resolution to all Ministers of Finance and Trade and the heads of ACP regional organizations.

 
 
 
 
 

1993-94 STABEX TRANSFER FOR RWANDA

 The ACP Council of Ministers,

CONSIDERING that , for the 1993 and 1994 financial years, the Government of Rwanda presented the statistical information on the decline in its exports earnings to the Commission of the European Union within the deadline prescribed by the Convention;

WHEREAS the validity of this information was certified by an expert of the European Union who was sent to Rwanda for that purpose in March 1996 and confirmed by the ACP General Secretariat's Expert in charge of Stabex during a mission to Rwanda last May;

NOTING that this issue has been specifically considered by the ACP Stabex Subcommittee and also by the ACP Committee of Ambassadors which included it on this Council's agenda;

HAVING REGARD to the fact that the Government of Rwanda has embarked on a process of reconstruction and would require financial support to enable it carry out this policy;

HEREBY CALLS on the Commission to give due consideration to the Rwandan Government's request regarding Stabex transfers for the 1993 and 1994 et 1994 financial years.

 
 
 
 
 

SUSPENSION OF AID TO EQUATORIAL GUINEA

  The ACP Council of Ministers,

Having being informed of the difficulties facing Equatorial Guinea as a result of the unilateral de facto partial suspension of aid to the country;

Recalling that this EU measure is at variance with the spirit and letter of

the 2nd Protocol to Lome IV;

Recalling further that the projects affected by the suspension measure fall

within sectors of humanitarian aid and basic needs such as supply of

good-drinking water and integrated rural development;

Welcoming the remarkable development accomplished these last years by this country which led to it being recently classified among the countries with the fastest rate of development;

Encouraged by the favourable preliminary remarks made by the ACP

Joint Assembly delegation which went on a mission to Malabo from

9 to 16 June 1996 at the invitation of the countries' authorities;

1. Deplores the unilateral suspension measure taken by the EU against this country;

2. Recalls the consultation and reconciliation mechanism provided for inArticle 336 bis of the second financial protocol to Lome IV for resolving political problems between the ACP and EU countries;

3. Reaffirms its support for Equatorial Guinea and calls on the two parties to adopt as soon as possible the necessary measures with a view to restoring aid to the country as soon as possible;

4. Instructs the ACP Council to forward this resolution to the ACP- EU Council and the EU Commission.

 
 
 
 
 

ACP-EC RESOLUTION ON SOMALIA

 The ACP-EC Council of Ministers

1. Confirms Somalia's political adherence to the Lome Convention, even though the country has been unable to sign the Convention, owing to circumstances beyond its control;

2. Notes that a number of measures have been taken regarding the financial resources to be made available to Somalia and in particular that following discussions in the EDF Committee, the Commission has decided on two important programmes to be implemented through the NGOs and financed from the outstanding balances of previous EDFs.

3. Urges the ACP-EC Committee of Ambassadors to put in place the necessary legal instruments to enable Somalia to benefit fully from all the provisions of the Convention including regional programmes;

4. Requests the European Commission to provide quarterly reports to the ACP-EU Committee of Ambassadors on the modalities regarding the initiation and implementation of specific programmes and projects in favour of Somalia;

5. Instructs the ACP-EC Committee of Ambassadors to put in place additional measures to enable Somalia to take part in the arrangements and mechanisms established by the Convention;

6. The ACP-EC Committee of Ambassadors should submit a full report to the next session of the ACP-EC Council of Ministers.

 
 
 
 
 

BANANA WTO DISPUTE PANEL

 The ACP Council of Ministers

1. Recalling the commitment given in Article 1 of Protocol 5 on Bananas in Lome Convention with respect to ACP Banana exports to the Community markets and their access to and advantages on those markets;

2. Noting that the EU Banana Regime established by Regulations (EC) N° 404/93 was considered the best possible compromise to ensure that the Community honoured its commitment to the ACP within the context of the Common organisation of the Market for Bananas;

3. Considering the persistent threats to the Regime, and in particular, the WTO Dispute settlement Panel which was established at the request of the USA, Guatemala, Honduras, Mexico and Ecuador, to determine the compatibility of the EU Banana Regime with international trade rules;

4. Noting that ACP are fully committed to the defence of the Regime and have requested enhanced third party status in the proceedings of the Panel;

5. Noting with concern that the USA and Ecuador have objected to the ACP being granted full participation in the proceedings of the Panel;

6. Calls on the Commission and the Council of the European Union to:

- Remain resolute in defence of the Banana Regime and maintain its commitment to the ACP;

- continue to support the ACP's request for enhanced third party status in the proceedings of the Panel in order to ensure that the ACP's interests are fully represented;2

 7. Reiterates its full commitment to the defence of the Regime and to ensuring that the activities of the EU in defence of the Regime are fully coordinated with those of the ACP;

8. Instructs the President of ACP Council of Ministers to bring this Resolution to the attention of the ACP-EU Council and its Member States, the Commission, the European Parliament and all other institutions of the ACP-EEC Convention.