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DRAFTSUMMARY RECORD OF THE 64th SESSION OFTHE ACP COUNCIL OF MINISTERSHELD FROM 13 TO 15 NOVEMBER 1996AT ACP HOUSE, BRUSSELSBrussels, 11 April 1997 ACP/25/003/97AMS/sac Or: English |
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TABLE OF CONTENTS
OPENING CEREMONY Page 1
COUNCIL'S PROCEEDINGS Page 3
1. Adoption of the agenda Page 3
2. Communication from the President Page 3
3. Appointment of a Rapporteur and Friends of the Rapporteur Page 4
4. Approval of the Rapporteur's Report of the 63rd Session of the ACP Council held
in Apia Western Samoa from 25th to 26 June 1996 Page 4
5. Consideration of the Committee of Ambassadors' Activity Report to the 64th Session Page 5
Internal matters Page 5
ACP-EU cooperation Page 7
Political and institutional matters Page 8
6. Exchange of Views on the Financial Situation of the Secretariat and on the
State of Contributions as 31 October, 1996 Page 17
7. Consideration and Adoption of the Secretariat's Draft Budget for the 1997
Financial Year as well as Approval of Accompanying Documents Page 18
8. Exchange of Views on : Page 20
Future of ACP-EU Relations Page 20
Summit Page 29
9. Appointment of Members of the New Ministerial Bureau Page 29
10. Outcome of the 64th Session of the ACP Council : Adoption of Draft
Decisions and Resolutions Page 30
11. Date and Venue of the 65th ACP Session Page 32
12. Any other business Page 32
Referring to the ACP Summit to be held in Libreville, Gabon, in 1997, the President warned that that major political event should neither be marred by diplomatic prevarication nor by administrative delay. The ACP Group should set its sights on one target, that is, pooling its resources to ensure the success of the Summit.
To achieve that goal, he advised Ministers to sensitize their Heads of State and/or Governments to the political dimension of future of ACP-EU relations so that all of them could be present in Libreville. He further requested Council to provide the General Secretariat with the resources necessary for successfully organizing the Summit.
The organisation of the Summit, the introduction of the Portuguese language and a number of other tasks to be carried out by the Secretariat would require additional financial resources. In that context, the President called on those countries in arrears of contribution to promptly pay their outstanding dues to the Secretariat and seek to remain in good standing.
Regarding the Singapore WTO Ministerial Conference to be held in December, 1996 the President appealed to ACP States to accede to the World Organization and urged that the Group take a common stance on the issues to be considered at that Conference.
Finally, the President drew attention to the unresolved issue of the Headquarters Agreement pertaining to the failure of the host country to complete the ratification of the Agreement. He proposed to meet the responsible Belgian Minister while he was in Brussels and he urged Council to authorize the Committee of Ambassadors to also bring pressure to bear on the Belgian Government to ratify the Agreement as soon as possible.
Should the Belgian authorities fail to resolve the matter by March 1997 Council should formally bring it to the ACP-EU Council session in April, 1997.
COUNCIL'S PROCEEDINGS
1. Adoption of the agenda [ACP/25/010/96 Rev.1]
Council considered and adopted the draft agenda as contained in document ACP/25010/96 Rev.1.
2. Communication from the President.
In his communication, the President mentioned the following items :
i) Meeting of the Bureau of Council : The President indicated that in the morning, the Bureau met to prepare the 64th session of Council. To that end, it looked at the draft agenda and the other documents being presented for consideration.
ii) President's attendance at the ACP-EU Joint Assembly session in Luxembourg : On that occasion, the President addressed the Assembly, drawing attention to some topical issues like the ratification of the Agreement amending the Fourth Lomé Convention and the programming of the resources for the 8th EDF. The President renewed his appeal to countries and regions to expedite the programming of National Indicative Programmes and Regional Indicative Programmes.
c. Visit by Honourable Thabo MBEKI, Vice-president of South Africa : The President announced that Hon. Thabo MBEKI, Vice-President of South Africa, would visit the ACP House the following day and on that occasion he would address the 64th session of the ACP Council of Ministers.
Council took note of the President's communication.
3. Appointment of a Rapporteur and Friends of the Rapporteur
In accordance with the rules of rotation among regions which guide the choice of a rapporteur when an ACP Council session is held at Headquarters, the responsible region - in this case the Pacific - was required to nominate a Rapporteur. Consequently, SOLOMON ISLANDS, the region's nominee, was appointed Rapporteur for the 64th session of Council.
The countries listed below were designated by their regions to serve as Friends of the Rapporteur :
Central Africa : Rwanda
East Africa : Kenya
Southern Africa : Malawi
West Africa : Benin
Caribbean : Dominica
4. Approval of the Rapporteur's Report of the 63rd Session of the ACP Council held in Apia, Western Samoa from 25th to 26 June 1996 [ACP/25/012/96]
Presenting the above draft, H.E. Mr A.F. TOLEAFOA, Head of Delegation of Western Samoa and Rapporteur to the 63rd session of Council indicated that the text presented for adoption was the outcome of the collective effort of the Rapporteur and his Friends. He expressed gratitude to them for their cooperation and also commended the Secretariat which produced the first draft. After making a few minor corrections, he recommended the draft summary record for adoption by Council.
Council considered and adopted the draft with amendments proposed by the Head of Delegation of Trinidad and Tobago (see final text). Council expressed its appreciation for the good work accomplished by the Rapporteur and his Friends.
5. Consideration of the Committee of Ambassadors' Activity Report to the 64th Session [ACP/26/089/96 Rev.1]
In accordance with Article 13 of the Georgetown Agreement, the Chairman-in-Office of the Committee of Ambassadors, H.E. Mr Youssouf OUEDRAOGO, Ambassador of Burkina Faso, presented the activity report of the Committee of Ambassadors, bringing out the outstanding issues which required further guidance from Council.
Following that presentation, Council held an exchange of views on a number of matters on which it concluded as indicated below :
PART 1 : INTERNAL MATTERS
A. : FINANCIAL MATTERS
I) External Auditor's Report on the 1995 Financial Year and Appointment of an External Auditor for 1996 Accounts. :
Council considered and approved the external auditor's report on the Secretariat's accounts for 1995 and gave the authorizing officer discharge for the 1995 financial year.
Council further appointed the firm Deloitte, Touche and Tohmatsu to undertake the audit of the Secretariat's 1996 accounts.
ii) Financial Controller's Report [ACP/45/018/96 Rev] :
Council took note of the report and the Secretariat's observations thereon and it adopted the Committee of Ambassadors' recommendations, namely that the Secretariat was required to :
- finalize arrangements for the insurance of the Secretariat's official cars on the most advantageous terms;
- pursue with the Embassy concerned the outstanding debt of BF 269 283 owed by a travel agency in an ACP country;
- finalize, as soon as possible, the outstanding operational rules of the Selection Committee; and
- enforce administrative discipline and comply with approved rules and regulations so as to stem excessive leave accumulation.
iii) Review of the Categorization of ACP Member States as regards their Contributions to the ACP Secretariat's Budget :
Council extended its mandate to the Committee of Ambassadors to finalise the examination of the report by the UNDP expert and formulate proposals for consideration by the next ministerial session.
iv) Revision of the Staff Regulations [ACP/41/025/96 Rev.1] :
Having taken note of the state of progress on the review of the Staff Regulations, Council extended the mandate of the Committee of Ambassadors to examine the document captioned above and submit its recommendations to the next ministerial session.
v) Exemption from Payment of Contributions for Somalia :
Having observed that there was still no national Government in Somalia, Council decided to :
- freeze all of Somalia's arrears inclusive of interest; and
- exempt Somalia from the payment of contributions to the 1997 budget and the application of sanctions as provided for under the Financial Regulations;
PART II : ACP-EU COOPERATION
A. TRADE COOPERATION
Observer Status for the ACP Group in the WTO and the Secretariat's Presence in Geneva :
Encouraged by the growing membership of the ACP countries of the WTO, Council urged all ACP countries that are :
- members of the WTO to participate effectively in the WTO Ministerial Conference to promote and defend their interests;
- not yet members of the WTO, to expedite the process of accession to that organisation;
- members of the WTO to ensure that sustainable development is given priority within the WTO.
Finally, Council mandated the Secretary General, in collaboration with the ACP national and regional organisations, to organize sector-specific and function-specific seminars aimed at the ACP business operators and trade promotion organizations so as to enable all ACP States to draw maximum benefits from the results of the Uruguay Round.
PART IV : POLITICAL AND INSTITUTIONAL MATTERS
A : STATE OF RATIFICATION
In addition to the appeal launched by the President in his remarks during the opening ceremony, Council urged signatory States to ensure that they accelerate the process of ratification of the Agreement amending the 4th ACP-EC Convention of Lomé and the Protocol of accession of Austria, Finland and Sweden.
Reports from Ministerial Committees
In the context of the consideration of the Committee of Ambassadors' activity report, Council heard additional reports from the following Ministerial Committees :
a. Commodities (Article 75 Committee) :
The report on Commodities, presented by Hon. Mr Guy Alain GAUZE, Minister responsible for Commodities of Côte d'Ivoire and Chairman of the ACP Ministerial Committee on Commodities (Article 75 Committee), covered the following subjects :
I) Matters relating to the Common Fund for Commodities:
The Ministerial Committee noted that studies being undertaken for the development of a strategy with respect to commodities would enable the Fund to reorientate its future deliberations. The Committee, therefore, recommended that the Secretariat should use the outcome of those studies to enhance discussions on the future of ACP-EU relations.
The Ministerial Committee further noted that discussions had centred on making it possible for resources under the First Window to be borrowed to support the operational activity of the Second Window. The Agreement establishing the Common Fund does not provide for such an arrangement.
Council was requested to pursue the question at the level of the ACP-EU if an acceptable solution could not be found during the Common Fund's Board of Directors' meeting to be held in Marrakech in December, 1996.
In view of the fact that there was no prospect of having an organization to deal with metals, Council was requested to refer their case to UNCTAD. The latter could convene the main metal-producing countries within intergovernmental study groups so as to examine the possibility of creating the relevant international commodity bodies.
ii) 1993 International Agreement on Cocoa :
The Ministers noted, with satisfaction, that the International Cocoa Council had adopted, as a target for the year 1998/99, the stocks/grinding ratio of 34%. Given this objective, the Ministers urged the cocoa-producing countries to adhere to the production programmes which had been adopted for that purpose.
In addition, the Ministers recalled that at its 62nd session in Mauritius Council adopted a position on the issue of cocoa, taking account of the interests of both cocoa-producing and sheanut-producing countries. They recommended that the position be reflected in all the deliberations on the use of vegetable fats other than cocoa butter in the manufacture of chocolate.
iii) Strategy for the Implementation of Articles 72 and 73 of Lomé IV :
The broad objective set out under the above Articles is to integrate ACP economies into the process of globalization and liberalization in order to avoid marginalization of these states.
To achieve the above objective, the ACP countries should seek, through the Convention, to :
- diversify horizontally and vertically the commodity sector and, in particular, develop the processing, marketing, distribution and transport (PMDT) of their commodities; and
- enhance the competitiveness of ACP commodities on world markets through the re-organization and rationalization of the production, marketing and distribution networks.
In addition, an integrated approach to the provision governing the use of programmable and non-programmable EDF resources should be adopted to allow for the use of these resources to improve the infrastructure to support PMDT activities and the development of human resources.
Council took note of the report and adopted the various recommendations contained therein.
b) Ministerial Consultations on Bananas [ACP/67/070/96]
The report from the Ministerial Consultations on Bananas was presented by the Hon. Mr NORRIS M. CHARLES, Minister of Trade and Marketing of the Commonwealth of Dominica and ACP Ministerial Spokesman on Bananas.
The report covered the following items :
I) WTO Dispute Settlement Panel : This was the main topic of discussion by the Ministers who, having heard the report presented by the Chairman of the ACP Banana Working Group:
- expressed appreciation to the Chairman of the latter body for the detailed report presented;
- expressed concern about the treatment of the ACP lawyers by the Panel - which did not allow them to observe its proceedings - and its implications for developing countries in the WTO;
- agreed that a series of informal consultations and technical meetings should be held with the Working Group, the Commission and relevant authorities in order to formulate plans for the future to safeguard the Banana Regime;
- further agreed that the above consultations should be followed by an ACP Ministerial meeting to devise a plan of action to this end; and
- mandated the Working Group to prepare and implement a Public Relations (P.R) programme and to finalize the modalities for the establishment of a Special Fund to finance P.R. activities.
Finally, the Ministers agreed that the Secretariat should undertake studies, where necessary, to determine the best ways and means available for enhancing ACP exports to the EU.
ii) Amendments to Regulation 404/93 : As the Commission's proposal to amend Regulation No.404/93 was still before the EU Council for a decision, the Ministers agreed that lobbying the EU Member States, particularly those opposed to the regime, should continue. It should inform them of the importance of the banana industry to the economies and the socio-economic development of the ACP.
iii) Market situation : Having highlighted the undue hardships suffered by ACP producers due to the fall in prices resulting from over-supply of bananas on the EU market, the Ministers strongly urged that the ACP seek to have more effective consultations on the management of the EU Banana Regime.
iv) Increase in the Tariff Quota : The Ministers discussed the increase in the tariff quota and noted that it had also contributed to the decline in prices. They expressed concern that only Latin American producers benefitted from the increase resulting from the enlargement of the market.
The Ministers took note of Kenya's request for a quota and mandated the Working Group to expedite the proceedings on the matter.
Finally, the Ministers expressed appreciation for the work being undertaken by the Working Group and, in particular, the efforts at defending the Banana Regime in the WTO. In that regard, they expressed appreciation for the contribution of the Minister of Commodities of Côte d'Ivoire, the Hon. Mr Alain GAUZE.
Council adopted the report presented by the Ministerial Spokesman on Bananas.
c) Sugar :
The report on matters pertaining to sugar was presented by the Hon. Mr Arvind BOOLLEL, Ministerial spokesman on Sugar and Minister for Agriculture and Natural Resources of Mauritius. Below is a summary of the outcome of the deliberations of the Ministers on issues requiring follow-up action :
I) Lobbying Mission : The Ministerial Spokesman reported on the lobbying mission undertaken by him and Minister Lewiniqila of Fiji to Ireland to meet Minister Yates, the then President-in-Office of the EU Council of Ministers of Agriculture.
Below is a summary of the response by Minister Yates to issues raised by the ACP Ministers :
- There should be an orderly development of the sugar sector and it should be run on a profitable basis;
- He would support the ACP stance on the exclusion of sugar from the ambit of trade in Free Trade Agreements concluded by the EU;
- It would be premature to analyse the eventual impact of the enlargement of the EU on the sugar sector as many issues still had to be resolved;
- Ireland supported the ACP position on the banning of OCT imports and the issue would be ultimately passed over to the Dutch presidency in 1997;
- The EU had indicated that the Sugar Regime was not open for discussion at the WTO Ministerial Conference in Singapore. In that regard, the Ministers mandated the Subcommittee to prepare a common ACP strategy paper refuting the arguments presented by the proponents of trade liberalization. They should also present a united front in all fora to defend the preferential trade accords on sugar.
ii) 1996/97 Guaranteed Price : the Subcommittee was given a mandate to conclude negotiations for the guaranteed price for the 1996/97 delivery period.
iii) Memorandum on Economic Factors : The Ministers took note of the memorandum and the comments of Côte d'Ivoire which are to be incorporated into 1997 and decided that an executive summary, as a lobbying document, be prepared for circulation to decision makers such as the European Parliamentarians.
iv) Follow-up on the Transport Cost Study : The Ministers noted a lack of progress in alleviating the burden of transport costs and inadequate unloading facilities at European ports of discharge on ACP exporters. The Ministers, therefore, mandated the Subcommittee to keep the issue under review and to update the transport cost study as soon as possible.
v) OCT Sugar Exports to the EU : Ministers agreed that a total ban should be placed on OCT sugar imports and that that position should be conveyed to all EU Member States. Such imports were disrupting the delicate balance of the Sugar Regime and would ultimately undermine the ACP sugar sector and the acquis of the sugar supplying states.
vi) Request from Kenya for the Reinstatement of its Quota : The Ministers took note of the statement made by the Kenyan delegation on the said request as well as the Subcommittee's mandate to the Secretariat to prepare a background paper on the matter.
vii) Fifth Special Ministerial Conference on Sugar in 1998 : The Ministers welcomed the statement by the Hon. Minister Lewiniqila of Fiji to the effect that his country would be prepared to host the 1998 special Ministerial Conference.
viii) Outstanding Matters : Ministers were awaiting studies on the subjects listed below in order to be able to take a decision :
- proposed amendments to the reporting-system for sugar deliveries; and
- intra-ACP cooperation.
Finally, Ministers expressed their deep gratitude to the Chairman of the Sugar Subcommittee, H.E. Mr C.S. MAMBA, Ambassador of Swaziland (due to leave Brussels shortly), for the excellent work he accomplished during his term of office. They wished him well in his new assignment.
Council took note of the report and endorsed the proposals contained therein.
6. Exchange of Views on the Financial Situation of the Secretariat and on the State of Contributions as 31 October, 1996 [ACP/45/039/96 and ACP/45/041/96]
The introductory remarks of the President were complemented by an intervention by the Secretary General. The two interventions outlined the actions taken at the level of the Secretariat, the Chairman of the Committee of Ambassadors and the President of Council, to urge countries to promptly pay their arrears of contributions. Council held an exchange of views at the close of which it :
- upheld the principle of the application of sanctions against defaulting states in accordance with the provisions of the Financial Regulations of the Secretariat;
- mandated the in-coming Council Bureau to further study the difficult financial situation of the Secretariat and make proposals to remedy the situation (without prejudice to actions already undertaken), including the possibility of the use of the Regional Fund; and
- urged countries experiencing difficulty in paying their contribution to set out a plan for settling arrears and remaining in good standing as did Equatorial Guinea.
Concluding the exchange on the item, the President appealed to all states to pay their contributions regularly so as to avoid being liable to sanctions and also enable the Secretariat to operate smoothly.
7. Consideration and Adoption of the Secretariat's Draft Budget for the 1997 Financial Year [ACP/45/028/96 Rev.2] as well as Approval of Accompanying Documents(1)
The budget proposals were introduced by the Chairman of the Subcommittee on Establishment and Finance, H.E. Mr S. RADEGONDE, Ambassador of Seychelles. His introductory remarks were complemented by interventions by the Chairman-in-Office of the Committee of Ambassadors and the President of Council.
The 3 interventions referred to above focussed on the following :
- The 2 examinations of the budget proposals by the Committee of Ambassadors which had made a special effort to reduce the estimates to a bare minimum;
- the inclusion of some additional expenses consequent on Council decisions, namely :
* the ACP Summit of Heads of State and/or Governments to be held in Libreville (Gabon) in late 1997;
* the phased (if necessary) introduction of Portuguese as a working language;
* periodic indexation of staff salaries; and
- the replacement of the old utilities car.
Following the interventions, Council held an exchange of views in which it stressed the difficult economic situation faced by ACP States. In view of that, Council :
- stressed the need for austerity and the judicious use of financial resources;
- advised strongly that the Secretariat adhere to established financial practices as recommended by the Financial Controller in his report; and
- urged countries in arrears of contribution to promptly pay their contributions so that the ACP Group would not have recourse to seeking assistance from the EU Commission to finance its Summit in Libreville.
At the close of its exchange of views, Council decided that the amount of the ACP General Secretariat's 1997 budget be fixed at BF 268 562 000 and should be financed as follows :
- Contributions from ACP States : BF 130 433 000
- EDF Contributions : BF 113 839 000
- Tax Revenue : BF 24 170 000
- Hiring out of ACP House : BF 120 000
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Total : BF 268 562 000
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8. Exchange of Views on :
a) Future of ACP-EU Relations :
In his introductory remarks, the President indicated that the item had been included on the agenda to provide Council with the opportunity to hold an informal exchange of views without prejudice to the on-going national and regional consultations. He urged Ministers to avoid discussing technical issues (which could be handled by the Committee of Ambassadors) and focus their interventions on political and strategic issues such as :
- principles and objectives of ACP-EU Cooperation;
- regionalisation;
- differentiation; and
- enlargement of the ACP Group.
The President's introductory remarks were followed by an informal exchange of views by Council. Below is a summary of the major subjects discussed by the Ministers.
I) ACP-EU Relations : In the course of the discussions, Council was unanimous in recognizing the importance of ACP-EU relations to both parties and the need to further enhance these relations in future. In view of this, Council urged that the ACP Group should define, through a critical evaluation of the current and past arrangements between the two cooperation partners, the basis on which it would enter into negotiations for a future agreement with the European Union.
ii) The International Context in which the Negotiations would take place : The ACP countries have had the privilege over the past 2 decades of contractual relations with the European Union under successive Lomé Conventions. These privileged arrangements are now being challenged by the new trends in economic and political relations. Any new Agreement should be fashioned to take account of globalization, liberalisation and regional integration mechanisms, all of which are gaining importance in international, political and economic relations.
iii) Objectives and Principles : Council reiterated its commitment to the existing objectives and principles with the addition of poverty alleviation and the fight against hunger. It stressed that the latter two - poverty alleviation and fight against hunger - should be brought under sharp focus in the successor arrangements to the Lomé IV Convention.
The objectives and principles should be reformulated so as to facilitate and encourage increased integration of ACP countries in the world economic system through participation in the process of PMDT (Processing, Marketing, Distribution and Transport).
In other words, while the current arrangements seek to create guaranteed access and prices for ACP products in the EC market, the future arrangements should aim at creating conditions for industrialisation and integration in the world market.
iv) ACP Solidarity : Council urged that efforts be made to preserve ACP solidarity and thereby maintain the Group's cohesion. In this regard, the view was also expressed for the Group to reflect on the new foundations of that solidarity in the face of changes in the approach to, among others, regional issues and the new role of regional institutions in a changing world context. The ACP should seek to maintain its global character without prejudice to particular mechanisms and instruments which might be put in place in a future ACP-EU Agreement.
v) Regionalisation and Differentiation : Regionalisation based on regional coverage provides a coherent and homogenous framework for cooperation for countries within the same geographical region. Cooperation based on that concept need not pose a threat to the global existence of the ACP Group but it should serve as a catalyst for the process of regional integration, itself a world trend.
Council rejected differentiation which would introduce elements of discrimination within the ACP countries and thereby threaten the solidarity and cohesion of the Group. However, the differentiation of cooperation objectives and priorities, seen within the context of regionalisation, should call for deeper analysis based on the following :
- evaluation of ACP-EU cooperation over the past 30 years;
- globalization and liberalisation;
- different levels of development of ACP countries and regions;
- establishment of regional systems for economic integration; and
- economic structures and trade strategies of the ACP States as well as their different industrial and commercial practices.
Given the complex nature of the subject, Council advised that proposals should be carefully considered with an open mind, but it should not be excluded from the general debate on the future of ACP-EU relations.
vi. Areas of cooperation : During its deliberations Council favoured adopting an integrated approach to the various areas of cooperation such as production and industrial development, trade in goods and services and the creation of instruments to :
- attract direct EU private investment;
- develop the ACP private sector and foster regional integration; and
- develop infrastructure such as transport and telecommunications (particularly in the context of the information highway), the banking sector, data processing and energy.
The overall objective of the integrated approach would be to :
- achieve growth and development and the integration of ACP economies in the global economic system;
- eliminate poverty and hunger and gradually attain food security; and
- reduce the debt of ACP countries.
Without prejudice to the approach outlined above, Council made some observations on the specific areas of cooperation, as illustrated by the summary hereunder.
vii) Trade Regime : As regards a future agreement, Council urged that a firm linkage be established between trade (Commodities) and investment flows and industrialisation. It would be necessary to negotiate an agreement with the EU which would be a catalyst to ACP development efforts.
- Preferences : A number of questions were posed on the relevance of preferences in a world irreversibly engaged in liberalization and globalization. Only about 7% of ACP products benefit from any significant preferential treatment and a few countries obtained meaningful benefits from those preferential arrangements. Consequently, there was a question about the need to devise an alternate arrangement to the current regime. The objective would be to enable those countries not gaining much from the current arrangements to take advantage of alternate arrangements based on differentiated treatment. The following were proposed for further explanation :
- creation of free zone areas with progressive reciprocity; and
- setting-up of new mechanisms to enable more countries to benefit substantially from ACP-EU cooperation.
viii) Industrialization : Council observed that the current Lomé arrangements did not fully address the issue of the industrialization of ACP countries. The future agreement should tackle that shortcoming.
ix) ACP Private Sector and Direct EU Private Investment : Council expressed concern that overall the ACP countries compared unfavourably with other regions of the world in attracting direct foreign investment flows. Council was of the opinion that the future arrangements with the EU and the developing ACP private sector could play an important role in reversing the trend of dis-investment.
In that regard, Council stressed the need to pay greater attention to the promotion of the ACP private sector and its involvement in the development process. The role of the ACP private sector should be further enhanced through the provision of direct access to the resources of the future agreement and the EU should play a greater role in the on-going privatisation process in ACP countries.
Council also noted that with globalization and liberalisation gaining pace and importance, there would be a tendency to reduce budgetary support to ACP States and development aid resources. This should be compensated in the future agreement with high volumes of direct EU private investment, through guarantee mechanisms.
x) Agriculture : The struggle to eradicate poverty and the fight against hunger and efforts to achieve food security are universal and were said to be of special relevance to Africa. The problems posed by these ills are compounded by the fall in commodity prices and the debt burden.
To address those problems efficiently, Council called for the inclusion in the future agreement of a chapter on agricultural research, harnessing of water resources and the development of road infrastructure to develop the agricultural sector.
Council urged that special attention be focused on small-scale farmers who are involved both in food and cash crop production. They should be given assistance to get involved in trade and become consumers of industrial products. In that regard, efforts in trade and investment should also target the rural population, particularly women. The role of the latter in the development process should be fully addressed and enhanced in the future agreement.
xi) Political and Institutional Issues : A number of issues were raised under this item:
a) Management of Development Aid Resources : Council upheld the principle of the joint management of development aid resources. In that regard, it urged that part of those resources should be used to train, reinforce human resources as well as to develop capacity building. This approach is compatible with the concept of partnership.
Council also outlined the following positions :
- ACP countries should have sovereignty over the determination of macro-economic policy, over strategic and sensitive sectors like education, health and security; and
- ACP-EU joint institutions should be strengthened and their role enhanced in the future agreement.
The New Global Human Order : Council advised that this concept be examined further in order to determine if and how it could contribute to ACP objectives.
National and Regional Consultations : Council urged countries that had not embarked on the process of national consultations on the future of ACP-EU relations to do so as soon as possible so that the regional consultations that should follow could benefit from the outcome of those national consultations. Council further advised that all bodies involved in the consultations should strive to adhere to the deadlines set.
Finally, Council thanked the Committee of Ambassadors for having prepared a document which served as a basis for the Ministerial debate.
b) Summit :
Council directed that there should be wide political mobilization at the highest level to ensure that the Summit was a success. The Summit should be a clear demonstration of the Group's commitment to review ACP-EU relations and other relevant development issues including the future of the ACP Group. In that regard, Council requested that a clear agenda be established and physical arrangements be made in close consultation and collaboration with the authorities of the host country, Gabon. A timetable of major events leading to the Summit should be prepared and the Committee of Ambassadors should be kept informed regularly on the organisation and preparation of the Summit.
The Head of delegation of Gabon thanked Council for the confidence placed in his country by choosing it to host the ACP Summit in its capital, Libreville. Gabon would spare no effort in ensuring that the Summit was a success.
9. Appointment of Members of the New Ministerial Bureau [Ref. Doc. ACP/549/79 Rev.29]
The countries listed below were designated by their regions to serve on the new Ministerial Bureau :
Pacific : FIJI (President)
Central Africa : ZAIRE (member)
East Africa : SEYCHELLES (member)
Southern Africa : BOTSWANA (member)
West Africa : GHANA (member)
Caribbean : GUYANA (member)
The Head of delegation of Fiji, H.E. Mr K. TAVOLA, thanked Council for the confidence placed in his country by appointing it to the post of President.
10. Outcome of the 64th Session of the ACP Council : Adoption of Draft Decisions and Resolutions
Council adopted the following decisions and resolutions :
DECISIONS :
Decision No.1/LXIV/96 : The ACP General Secretariat's 1997 Budget
Decision No.2/LXIV/96 : Appointment of External Auditor
Decision No.3/LXIV/96 : External Auditor's Report for 1995
Decision No.4/LXIV/96 : Exemption from Payment of Contributions for Somalia
Decision No.5/LXIV/96 : Revision of Staff Regulations
RESOLUTIONS :
Sugar
The resolutions listed hereunder were referred to the Committee of Ambassadors for finalisation and adoption on behalf of Council :
- Bananas;
- Coordination of ACP positions during and after the WTO Ministerial Conference to be held in Singapore; and
- the Common Fund for Commodities.
Council also adopted :
- a Press Communiqué on the Future of ACP-EU Relations (Annex I); and
- a Statement on the World Food Summit held in Rome, Italy, from 13 - 17 November 1996 (Annex II).
Situation in Certain ACP Countries
a) Situation in the Great Lakes Region
Council held an exchange of views on the situation in the Great Lakes Region, particularly on the prevailing situation in eastern Zaire. It deplored the loss of life and property and called on the parties concerned to find a peaceful resolution of the conflict.
b) Equatorial Guinea
The Head of Delegation, Hon. NVE NGU Antonio F, Minister of State, speaking on behalf of his Head of State, H.E. Mr OBIANG NGUEMA MBASOGO, thanked the ACP Group for the political and moral support it provided Equatorial Guinea in adopting a resolution at the 63rd ACP Council session in Apia, calling for a resumption of cooperation between the EU and its Member States and Equatorial Guinea.
The same support had been provided by the ACP side of the Joint Assembly when it rejected a draft resolution emanating from the EU side at the 21st session of the Joint Assembly in Windhoek, Namibia, which resolution was unfavourable to Equatorial Guinea. The ACP members of the Joint Assembly also sent a mission to that country to study the prevailing political and human rights situation.
For all those political gestures, the authorities of Equatorial Guinea were indebted to the ACP Group and they renewed their commitment to the Group and its ideals of solidarity and cohesion.
11. Date and Venue of the 65th ACP Session
The 65th session of the ACP Council would take place at Headquarters, ACP House, at a date to be determined later, immediately preceding the ACP-EU Council session in Luxembourg.
12. Any other business
On behalf of Council, H.E. Mr TOLEAFOA, Ambassador and Head of Delegation of Western Samoa, expressed on behalf of Council and its President elect, appreciation for the excellent work accomplished by the out-going President and his Bureau and wished them well.
The President, in turn, thanked the previous speaker for his kind words and added that he was grateful to the members of Council for adopting the 1997 budget in an atmosphere of serenity and understanding which facilitated his task.
He commended all delegations for their participation in the fruitful exchange of views on the future of ACP-EU relations. That exchange of views was possible thanks to the ground work done by the Committee of Ambassadors assisted by the Secretariat. He thanked them for their continued support to Council.
Finally, the President wished all participants a merry Christmas and a Happy New Year and wish delegates a safe return to their respective destinations. -----------------
ACP/25/015/96 Rév. 1 Brussels, 24 November 1996
DE C I S I O N S ADOPTED BY THE 64TH SESSION OF THE COUNCIL OF MINISTERS
HELD IN BRUSSELS FROM 13 TO 15 NOVEMBER 1996
S U M M A R Y
DECISION 1 : THE ACP GENERAL SECRETARIAT'S 1997 BUDGET
DECISION 2 : APPOINTMENT OF EXTERNAL AUDITOR
DECISION 3 : EXTERNAL AUDITOR'S REPORT FOR 1995
DECISION 4 : EXEMPTION FROM PAYMENT OF CONTRIBUTIONS FOR SOMALIA
DECISION 5 : REVISION OF THE STAFF REGULATIONS
ACP/25/015/96 Rév. 1 Brussels, 15 November 1996
DECISIONS AND RESOLUTIONSOF THE 64TH SESSION OF THE COUNCIL OF MINISTERS
HELD IN BRUSSELS FROM 13 TO 15 NOVEMBER 1996 DECISION N 1/LXIV/96
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The ACP Council of Ministers,
HAVING REGARD to the provisions of the Georgetown Agreement and the Financial Regulations of the ACP Group;
HAVING CONSIDERED the recommendations of the Committee of Ambassadors as regards the salary indexation in application to decision No. 3/LI/90 and that the last salary indexation was accorded in 1993;
HAVING EXAMINED the ACP General Secretariat's 1997 draft budget (ACP/45/028/96 Rev.2) as recommended by the Committee of Ambassadors;
DECIDES as follows:
the amount of the ACP General Secretariat's 1997 budget be fixed at
BF 268 562 000 and shall be financed as follows:
Contributions from ACP States BF 130 433 000
EDF contributions 113 839 000
- Tax revenue 24 170 000
- Hiring out of ACP House 120 000
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BF 268 562 000
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Done in Brussels, 15 November 1996
Hon. Rajkeswur PURRYAG
Minister of Economic Planning, Information
and Telecommunication of Mauritius
President of the ACP Council of Ministers
DECISION N2/LXIV/96OF THE 64TH SESSION OF THE ACP COUNCIL OF MINISTERS
HELD IN BRUSSELS FROM 13 TO 15 NOVEMBER 1996
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The ACP Council of Ministers,
HAVING REGARD to the provisions of the Financial Regulations;
CONSIDERING the recommendation of the Committee of Ambassadors to have a recourse to the firm Deloitte, Touche and Tohmatsu for the audit of the Secretariat's 1996 accounts;
DECIDES:
- that the firm Deloitte, Touche and Tohmatsu be appointed to undertake the audit of the Secretariat's 1996 accounts.
Done in Brussels, 15 November 1996
Hon. Rajkeswur PURRYAG
Minister of Economic Planning, Information
and Telecommunication of Mauritius
President of the ACP Council of Ministers
DECISION N3/LXIV/96OF THE 64TH SESSION OF THE ACP COUNCIL OF MINISTERS
HELD IN BRUSSELS FROM 13 TO 15 NOVEMBER 1996
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The ACP Council of Ministers,
CONSIDERING the activity report of the Committee of Ambassadors since the 63rd session (ACP/26/089/96 Rev.2);
HAVING NOTED that the external auditor certifies without qualification that the Balance Sheet and the Statement of Revenues and Expenses for the year ended 31 December 1995 give a true and fair view of the financial position and results of the General Secretariat;
HAVING NOTED further that the Committee of Ambassadors has examined this report (ACP/45/033/96) as well as the Secretariat's comments thereon (ACP/45/030/96) and has recommended them for adoption;
HAVING REGARD to the provisions of the Financial Regulations;
HEREBY DECIDES that:
1. the external auditor's report on the Secretariat's accounts for 1995 be approved.
2. the Authorizing officer be given discharge for the 1995 financial year.
Done in Brussels, 15 November 1996
Hon. Rajkeswur PURRYAG
Minister of Economic Planning, Information
and Telecommunication of Mauritius
President of the ACP Council of Ministers
DECISION N4/LXIV/96OF THE 64TH SESSION OF THE ACP COUNCIL OF MINISTERS
HELD IN BRUSSELS FROM 13 TO 15 NOVEMBER 1996
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The ACP Council of Ministers,
RECALLING that there is still no national government in Somalia;
DECIDES:
a) to freeze all arrears, inclusive of interest, of Somalia;
b) to exempt Somalia from the payment of contributions to the 1997 budget and the application of sanctions as provided for under the Financial Regulations.
Done in Brussels, 15 November 1996
Hon. Rajkeswur PURRYAG
Minister of Economic Planning, Information
and Telecommunication of Mauritius
President of the ACP Council of Ministers
DECISION N5/LXIV/96OF THE 64TH SESSION OF THE ACP COUNCIL OF MINISTERS
HELD IN BRUSSELS FROM 13 TO 15 NOVEMBER 1996
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The ACP Council of Ministers,
HAVING REGARD to the Georgetown Agreement establishing the African, Caribbean and Pacific Group of States, particularly Article 20 thereof ;
HAVING REGARD to Article 75 of the Staff Regulations ;
RECALLING decision N 8/LII/91 of the 52nd session instructing the Committee of Ambassadors to renew and merge some provisions of the Staff Regulations ;
HAVING REGARD to decision N° 1/LXII/96 of the 63rd Council Session instructing the Committee of Ambassadors to re-examine document ACP/41/025/96 on the revision of the Staff Regulations ;
TAKING NOTE of the state of progress on this question as indicated in the Committee of Ambassadors report [ACP/26/86/96 Rev.1] ;
HEREBY DECIDES :
To extend the mandate of the Committee of Ambassadors to re-examine as soon as possible document ACP/41/025/96 Rev.1 on the revision of the Staff Regulations, and to submit its recommendations to the next Council Session.
Done in Brussels, 15 November 1996
Hon. Rajkeswur PURRYAG
Minister of Economic Planning, Information
And Telecommunications of Mauritius
President of the ACP Council of
Ministers.
R E S O L U T I O N S DRAFT RESOLUTION N° 1/LXIV/96 OF
THE 64TH SESSION OF THE COUNCIL OF ACP MINISTERS
HELD IN BRUSSELS, 13 - 15 NOVEMBER 1996
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The Council of ACP Ministers,
A. Whereas the Common Fund was established as a key instrument for attaining the objectives of the Integrated Programme for Commodities adopted in Nairobi in 1976, during the 4th UNCTAD Session,
B. Recalling United Nations General Assembly Resolution 49/142 requesting the Common Fund to give due consideration to the special needs of African countries in its future activities;
C. Regretting that, owing to the refusal of certain developed countries, it has not been, and it will no longer be, possible to use the first account for International Commodity Agreements whose main stabilization mechanism is the buffer stock or national stocks which are coordinated internationally.
D. Recalling the important Ministerial recommendation adopted at the 9th United Nations Conference on Trade and Development at Midrand, South Africa on 11 April 1996, i.e, to find the ways and means of using the resources of the first account of the Common Fund;
1. Welcomes the fact that the Common Fund has been able, with the limited resources of the second account, to finance a number of projects (promotion, productivity, diversification, new final uses, processing, marketing;
2. Requests the Governments and Member States of the Common Fund to agree to lend the resources of the first account to the second for financing development measures and projects, at the meeting scheduled for 2 to 4 December 1996 at Marrakesh;
3. Requests UNCTAD's Secretary General to convene the main metal-producing countries in the framework of intergovernmental study groups so as to examine the possibility of setting up international organizations for bauxite, iron and manganese.
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.
DRAFT
RESOLUTION N° 2/LXIII/96OF THE 64TH SESSION OF THE COUNCIL OF ACP MINISTERS
HELD IN BRUSSELS, BELGIUM FROM 13 TO 15 NOVEMBER 1996
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The Council of ACP Ministers,
A. Reaffirming the resolutions on bananas adopted at its 63rd Session held in Apia Western Samoa from 23 to 28 June 1996;
B. Recalling the resolution adopted in this regard by the 23rd Session of the ACP-EU Joint Assembly held in Luxemburg from 23 to 27 September 1996;
C. Reiterating the importance of banana exports to the EU market to the economies of the ACP exporting States and the contribution of the revenue earned to their socio-economic development;
D. Considering the objectives of the ACP-EC Convention to improve ACP trade with the Union, and the commitment in Protocol 5 on bananas including Annex LXXIV in the Lomé IV Convention, to safeguard access for the ACP on their traditional markets and improve the conditions under which bananas are produced in the ACP and marketed in the Union;
E. Considering also that the EU banana regime enacted by Regulation (EEC) No. 404/93 of 13 February 1993 was accepted as the best possible compromise for the EU to honour its commitment to the ACP under the Common Organization of the Market for bananas;
F. Noting that the ACP group has submitted its position for consideration in the amendments to Regulation 404/93 proposed by the Community;
G. Concerned about the persistent threats to the regime, and in particular the current WTO Dispute Settlement Panel established at the request of the USA and four Latin American countries to determine the compatibility of the Regime with international trade rules;
H. Noting with satisfaction the Community's commitment to the Regime, and the strong defence against the complainants in the context of the WTO Dispute Settlement Panel;
I. Noting with concern, the importation of bananas into the Union in excess of the demand level, the resultant collapse in prices on two of the ACP main markets and as a consequence severe hardship for ACP suppliers;
J. Concerned that no action has yet been taken on the ACP's request for the caseof Somalia to be considered as one of force majeure despite the severe hardship arising from the adverse effect of the continuos civil unrest on that country's industry;
K. Aware of the request by Kenya in 1995 to be allocated a specific quota bearing in mind that Kenya has been supplying bananas to the EU market on a regular basis since 1988;
1. Calls on the Council of the European Union to:
(i) maintain the commitment to the ACP in Protocol 5 and Annex LXXIV of Lomé IV by guaranteeing that the advantages in, and access to EU market for ACP bananas are not eroded;
(ii) ensure that the ACP's position submitted with regard to the proposed amendments to Regulation (EC) 404/93 is fully recognised, particularly:
- transferability among ACP banana producing countries in the event of any short-delivered quantities without geographical restrictions;
- force majeure provision;
- exemption from "dollar" licence requirements for the 90,000 tonnes
- the special situation of the Windward Islands;
- allocation of a specific quota to Ghana;
(iii) ensure that the advantages the ACP were guaranteed on the EC market are not adversely affected by any modification of the banana regime;
2. Urges the Commission to:
(i) maintain their strong defence of the banana regime against the USA and the Latin Americans in the WTO;
(ii) take urgent measures to reverse the collapse in prices which has significantly reduced the earnings of ACP producers; and to maintain thereafter to appropriate equilibrium between demand and supply;
(iii) give favourable consideration to the ACP's request for the special case of Somalia to be treated as one of force majeure;
3. Urges the ACP Banana Working Group to expedite the examination of Kenya's request;
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.
DRAFT
RESOLUTION N°3/LXIV/96OF THE 64th SESSION OF THE COUNCIL OF
ACP MINISTERS HELD IN BRUSSELS BELGIUM
FROM 13 TO 15 NOVEMBER 1996
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The Council of ACP Ministers,
4. Introduce without further
delay corrective measures to stop the importation of OCT sugars into the
EU;
5. Recognise the specificity of sugar by ensuring that it is excluded from the ambit of any Free Trade Agreement concluded by the EU;
6. Introduce measures to alleviate the burden of inland transport costs, ocean freight and inadequate unloading facilities at European ports of discharge as highlighted by the 1992 transport cost study;
7. Constitute a common front with the ACP Sugar Supplying States to oppose in the WTO the attempts of proponents of unbridled trade liberalisation to put the Sugar Regime in question.
DRAFT
RESOLUTION N° 4/LXIV/96OF THE 64TH SESSION OF THE COUNCIL OF
ACP MINISTERS HELD IN BRUSSELS, 13 - 15 NOVEMBER 1996
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The Council of ACP Ministers,
A. Recalling its decision N° 6/LXIII/96 on the coordination of ACP position during the WTO Ministerial Conference in Singapore;
B. Having regard to the Final Act of the Uruguay Round establishing the World Trade Organization;
C. Noting that the ACP countries are committed to the full implementation of the commitments and obligations entered into under the Uruguay Round of Multilateral Trade Negotiations;
D. Concerned that the Ministerial Decisions on measures in favour of the Least-Developed Countries, on measures concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing countries and the provisions on special and differential treatment for the developing countries had not yet been implemented;
E. Aware that the conclusion of the Uruguay Round has presented both challenges and opportunities for the ACP States;
F. Noting that as a result of the process of globalization and liberalization there has been a consequent erosion of ACP preferences;
G. Encouraged that a sizeable number of ACP States have already become Members of the World Trade Organization and that most of the others are in the process of acceding;
(1) Urges all the ACP countries, members of the WTO, to participate effectively in the WTO Ministerial Conference to promote and defend their interests;
(2) Requests the WTO to speedily implement the Ministerial Decisions and commitments of the Uruguay Round in favour of developing countries, especially the least developed among them, to enable these countries to benefit from the differential and special treatment identified and ensure their harmonious integration into the world economy;
(3) Further requests the WTO, the European Commission, UNCTAD, ITC, the World Customs Organisation and other international organizations to intensify their technical assistance to the ACP States with a view to facilitating their implementation of the Uruguay Round results by putting in place the necessary legal and regulatory frameworks;
(4) Urges, all ACP States, not members of the WTO, to expedite the process of accession so that all the ACP States can be members, as soon possible;
(5) Further urges the ACP countries to ensure that sustainable development is given priority within the WTO;
(6) Mandates the Secretary General, in collaboration with the ACP national and regional organisations to organize sector specific and function -specific seminars aimed at the ACP business operators and trade promotion organizations so as to enable all the ACP States to draw maximum benefits from the Uruguay Round results;
(7) Requests the EU to ensure that the WTO establishes, as soon as possible, a mechanism for compensation for the erosion of preferences in accordance with the concluding statement of the Chairman of the Marrakesh meeting;
(8) 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.
VERSION REMISE LE 15 NOVEMBRE
1996(demander laquelle est la bonne au trade)
DRAFT
RESOLUTION N° 4/LXIV/96OF
THE 64TH SESSION OF THE COUNCIL OF
ACP MINISTERSHELD INBRUSSELS,
13 - 15 NOVEMBER 1996
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The Council of ACP Ministers,
A. Recalling its decision N° 6/LXIII/96 on the coordination of ACP position during the WTO Ministerial Conference in Singapore;
B. Having regard to the Final Act of the Uruguay Round establishing the World Trade Organization;
C. Noting that the ACP countries are committed to the full implementation of the commitments and obligations entered into under the Uruguay Round of Multilateral Trade Negotiations;
D. Concerned that the Ministerial Decisions on measures in favour of the Least-Developed Countries, on measures concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing countries and the provisions on special and differential treatment for the developing countries had not yet been implemented;
E. Aware that the conclusion of the Uruguay Round has presented both challenges and opportunities for the ACP States;
F. Noting that the process of globalization and liberalisation is irreversible, and that the consequent erosion of ACP preferences is inevitable;
G. Encouraged that a sizeable number of ACP States have already become Members of the World Trade Organization and that most of the others are in the process of acceding;
(1) Urges all the ACP countries, members of the WTO, to participate effectively in the WTO Ministerial Conference to promote and defend their interests;
(2) Requests the WTO to speedily implement the Ministerial Decisions and commitments of the Uruguay Round in favour of developing countries, especially the least developed among them, to enable these countries to benefit from the differential and special treatment identified and ensure their harmonious integration into the world economy;
(3) Further requests the WTO, the European Commission, UNCTAD, ITC, the World Customs Organisation and other international organizations to intensify their technical assistance to the ACP States with a view to facilitating their implementation of the Uruguay Round results by putting in place the necessary legal and regulatory frameworks;
(4) Urges, all ACP States, not members of the WTO, to expedite the process of accession so that all the ACP States can be members, as soon possible;
(5) Further urges the ACP countries to challenge the status quo by insisting that social justice and sustainable development are given priority within the WTO;
(6) Mandates the Secretary General, in collaboration with the ACP national and regional organisations to organize sector specific and function -specific seminars aimed at the ACP business operators and trade promotion organizations so as to enable all the ACP States to draw maximum benefits from the Uruguay Round results;
(7) Requests the EU to ensure that the WTO establishes, as soon as possible, a mechanism for compensation for the erosion of preferences in accordance with the concluding statement of the Chairman of the Marrakesh meeting;
(8) 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.
1. - The Secretary General's report on the implementation of the budget [ACP/45/031/96]
- The Financial Controller's annual report and Secretariat's observations thereon [ACP/45/018/96 Revised, ACP/45/034/96 and ACP/45/035/96 Rev.1]
- External Auditor's report and the Secretariat's comments thereon [ACP/45/033/96 and ACP/45/030/96]
- State of the Reserve Fund at 31 October 1996[ACP/45/037/96].