ACP SECRETARIAT

PRESS RELEASE
Brussels, 3 December 2004

Ministerial negotiating session on the Revision of the Cotonou Agreement

The 2nd ACP-EU Ministerial negotiating meeting on the Revision of the Cotonou Agreement, which was held at ACP House in Brussels on 3 December 2004, noted the reconciliation of the points of view of the two parties on political dialogue, particularly regarding the holding of political consultations for the violation of democratic principles, support for the International Criminal Court, and commitments for the non-proliferation of weapons of mass destruction. The negotiating session was jointly chaired by the ACP and EU Council Co-Presidents, respectively, Mr. Keith Desmond Knight, Minister of Foreign Affairs and Foreign Trade of Jamaica and Mrs. Agnes van Ardenne-van der Hoeven, the Netherlands Minister for Development Cooperation.

Among the important issues discussed during the negotiations were the Development of the social sector, the Investment Facility, and Rules and procedures.

The two sides recorded the points of agreement and disagreement on the different chapters and asked the technical negotiating teams to work towards ensuring that the revised Agreement is signed before the deadline of 28 February 2005.


Political dialogue

Weapons of mass destruction (WMD). The two sides agreed to fight against the proliferation of weapons of mass destruction and that the resources allocated thereto be drawn from sources other than those reserved for the development of ACP countries. However, the ACP side objected to the inclusion of this issue as an essential element of the Agreement on par with human rights, for example. The ACP countries also refused any reference to the production and storage of WMDs in which their Member States are not involved.

International Criminal Court. The commitment to support the International Criminal Court will be recorded in the preamble, as well as in the body of the text of the revised Agreement, but a compromise text is yet to be finalised.

Political dialogue (Articles 8 and 9) and political consultations (Articles 96 and 97). The ACP side had proposed a text on Article 8 (political dialogue) with a scope of application larger than was envisaged by the European side which usually refers to the said Article to move to Articles 96 and 97 that govern sanctions. The ACP proposal specified the procedure of moving from dialogue to sanctions. The European side accepted the principle of including an annex on conducting political dialogue, but refused a joint decision on the issue at this point.

Social sector development. The EU took note of the ACP proposals on sexual and reproductive rights, and women’s rights. The same was done as regards the issue on Population and Development. The definitive text is expected to be finalised by the experts.

Under “Any other business” a compromise text is expected to be found on the Investment Facility regarding which the EU did not think there was much room to manoeuvre to take full account of the proposal from the ACP side.


Rules and procedures

Speaking on behalf of the EU at the meeting on 2 December, Mr. Louis Michel, the Commissioner for Development, presented a series of proposals on the Rules and procedures, which provided for budgetisation of the EDF - not applicable for the next (5) five years, since the EU Member States have committed to the process. The major aspects of the EU proposal are: the partial allocation of resources to ACP countries at the start of the financial protocol and flexible undertakings based on performance or emergencies; possibility of including non-ACP countries among the beneficiaries of EDF projects subject to reciprocity; increased coherence between the development policies of the Union and its Member States; possibility of re-adjusting the national and regional envelopes outside of the mid-term reviews; modification of the responsibilities of ACP National Authorising Officers whose functions might, in the event of incapacity, be assumed by the European Commission; and the possibility for third parties to respond to EDF invitations to tender.

The ACP side took note of these newly-formulated proposals, while expressing reservations regarding the guarantees pertaining to the maintenance of resources in the event of budgetisation, in spite of declarations from the European side on the maintenance of the level of resources.

10th EDF

In reply to questions from the ACP side regarding resources for future cooperation, Commissioner Louis Michel informed the meeting that since the budgetisation process could not yet be set up, his department was in the process of preparing a draft of the 10th EDF in accordance with the guidelines of the joint Council held in Gaborone in June 2004.

Commodities

The ACP side drew attention to the need to revise the articles on rice. The EU Commissioner agreed to this while reminding the gathering, nonetheless, that as in the case of trade cooperation on the whole, the revision could only be legally introduced through separate negotiations.

ACP SECRETARIAT
Contact: Hegel GOUTIER, Head Press & Communication
Tel +32 2 743 06 04 / + 32 2 743 06 93
Fax : +32 2 743 06 58
e-mail: goutier@acp.int
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