21 FEBRUARY 2003. - An Act to grant the following international acts:

1° Internal agreement between the representatives of the governments of the Member States, gathered within the Council, on the financing and management of the assistance of the Community under the financial protocol of the partnership agreement between the States of Africa, the Caribbean and the Pacific and the European Community and its member States, signed in Cotonou, Benin, on 23 June 2000, and on the allocation of financial aids to the countries and territories of the Fourth World War to which the Treaty applies
2° Internal Agreement between the representatives of the governments of the Member States, gathered within the Council, on the measures to be taken and the procedures to be followed for the implementation of the ACP-EC Partnership Agreement, and Annex,
made in Brussels on 18 September 2000 (1) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Internal Agreement between the representatives of the governments of the Member States, gathered in the Council, on the financing and management of the aids of the Community under the financial protocol of the partnership agreement between the African, Caribbean and Pacific States and the European Community shall be its member states, signed in Cotonou, Benin, on 23 June 2000, and on the allocation of financial aids to the countries and territories of the overseas territories to which the
Art. 3. The Internal Agreement between the representatives of the governments of the Member States, gathered within the Council, on the measures to be taken and the procedures to be followed for the implementation of the ACP-EC Partnership Agreement, and Annex, made in Brussels on 18 September 2000, will be fully effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 February 2003.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Finance,
D. REYNDERS
Minister of Economy,
Ch. PIQUE
Minister, Deputy Minister of Foreign Affairs,
Ms. A. NEYTS-UYTTEBROECK
The Secretary of State for Development Cooperation, Deputy Minister of Foreign Affairs,
E. BOUTMANS
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
Notes
(1) Session 2002-2003.
Senate.
Documents. Bill tabled on 27 January 2003, No. 2-1442/1. Report on behalf of the Commission, No. 2-1442/2.
Annales parliamentarians. Discussion, meeting of 30 January 2003. Voting, meeting of 30 January 2003.
Room.
Documents. Project transmitted by the Senate, No. 50-2256/1. Text adopted in plenary and subject to Royal Assent, No. 50-2257/2.
Annales parliamentarians. Discussion, meeting of 6 February 2003. Voting, meeting of 6 February 2003.
(2) See also the Decree of the French Community of 20 February 2003 (Moniteur belge du 21 février 2003 - Ed. 2), the Decree of the Flemish Community/ Flemish Region of 6 December 2002 (Moniteur belge du 3 janvier 2003), the Decree of the German-speaking Community of 7 October 2002 (Moniteur belge du 23 novembre 2002), the Decree of the Walloon Region of 20 February 2003 (Moniteur belge du 21).

AGREEMENT
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, RELATING TO THE FINANCING OF THE COUNCIL, AND TO THE MANAGEMENT OF THE COMMUNITY IN THE FRAMEWORK OF THE FINANCIAL PROTOCOL OF PARTNERSHIP AND THE EUROPEAN COMMUNITY
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBERS OF THE EUROPEAN COMMUNITY, IN THE BOARD,
in view of the Treaty establishing the European Community,
Considering the following:
(1) The partnership agreement between the African, Caribbean and Pacific States and the European Community and its Member States, signed at Cotonou (Benin) on 23 June 2000, (hereinafter referred to as the "ACP-EC agreement"), sets EUR 15,200 million for the total amount of assistance allocated by the Community to ACP States for the five-year period from 2000 to 2005. This amount includes, on the one hand, EUR 13,500 million of the 9^e European Development Fund (9^e FED) financed by contributions from Member States and, on the other hand, up to EUR 1,700 million from the European Investment Bank (hereinafter referred to as "Bank").
(2) In addition, any potential relics of the previous funds not affected by the date of the coming into force of the ACP-EC financial protocol are transferred to 9^e FED and will be used in accordance with the conditions defined in the ACP-EC agreement. The total provision will cover the period 2000-2007. This includes the period of approximately two years required for ratification of 9^e FED and two years after the expiry of 9^e FED.
(3) Decision 91/482/EEC of 25 July 1991 on the association of overseas countries and territories to the European Economic Community (1) is extended until 28 February 2001 by Decision 2000/169/EC (1). A new decision based on Article 187 of the Treaty will be adopted before that date. This decision will set EUR 175 million for the financial assistance of the 9^e EDF to overseas countries and territories to which the provisions of Part IV of the Treaty apply (hereinafter referred to as "PTOM"). An amount of up to EUR 20 million allocated on the Bank's own resources is also provided for the operations carried out by the Bank in the MTOPs. In addition, any linkage of the previous EDFs assigned to the MTOPs and not used on the date of the coming into force of this Agreement is transferred to 9^e FED and will be used in accordance with the conditions set out in the said decision of the Council.
(4) The representatives of the governments of the Member States, gathered within the Council, agreed to reserve EUR 125 million for the financing of the expenses incurred by the Commission for the implementation of the 9^e FED.
(5) For the implementation of the ACP-EC Agreement and the future decision on the association of the PTOM (hereinafter referred to as the "decision"), it is appropriate to establish a 9^e FED and establish the modalities of its staffing and the corresponding contributions of member States to it.
(6) The rules governing financial cooperation should be set, the procedure for programming, review and approval of aids and the modalities for monitoring the use of aids.
(7) Findings on the financial allocation of 9^e FED at the coordination meeting of Ministers on the Community side in the context of the third ACP-EC negotiating conference of 6 and 7 December 1999 takes note of the Commission's intention to decentralize the administrative decision-making process and underlines the need for reforms to redefine the respective roles of the Commission and the Council in the decision-making mechanisms of the European Development Fund.
(8) The statement by the Council and the Commission on the programming process cited in the minutes of the ACP-EC negotiating conference of 2 and 3 February 2000 states that the reporting procedures and obligations surrounding the programming process must be rigorously managed and that the respective roles of member States and the Commission in the decision-making process must be reviewed and adapted.
(9) The conclusions of the Council of 21 May 1999 on the evaluation of the instruments and development programmes of the European Community define, to the attention of the Commission and the Member States, various modalities for improving the effectiveness of the development assistance of the European Community, including decentralization in favour of delegations, improvement of coordination and complementarity among donors, reduction of the number of instruments, increased use of the criteria of results of activities
(10) The Council of 21 May 1999 adopted a resolution on the complementarity of development cooperation of the Community and member States. The Council of 18 May 2000 adopted conclusions on operational coordination. These documents confirm the need to improve coordination and complementarity among donors and to give the partner country a leadership role in this process.
(11) A Committee of Representatives of the Governments of the Member States should be established with the Commission and a similar committee should be established with the Bank. It is necessary to ensure harmonization of the work of the Commission and the Bank for the implementation of the ACP-EC Agreement and the corresponding provisions of the decision,
after consultation with the Commission and the Bank,
The following agreed:
CHAPTER I^er. - Financial resources
Article 1^er
Resources for 9^e FED
1. Member States set up a ninth European Development Fund (2000), referred to as "9^e FED".
2. 9^e FED is provided as follows:
(a) A maximum of EUR 13,800 million funded by Member States according to the following contributions:
For the consultation of the table, see image
The amount is as follows:
(i) EUR 13,500 million is allocated to ACP States;
(ii) EUR 175 million is allocated to MOPs;
(iii) EUR 125 million is reserved for the Commission to cover costs related to the implementation of the 9^e FED.
(b) The potential relics of previous EDFs found at the date of entry into force of the ACP-EC financial protocol, and any amount required to be subsequently disbursed from projects currently executed under these EDFs are transferred to 9^e FED. Any resources previously allocated to the indicative programme of an ACP State, an ACP region or a PTOM and transferred to 9^e FED remains assigned to the State, region or PTOM concerned.
(c) The overall amount for assistance to ACP States is supplemented by the previous FED reliquats. Total resources cover the period 2000-2007.
3. Revenues from interest generated by the credits referred to in paragraph 2 and deposited with delegated payers in Europe referred to in Article 37, paragraph 1, of Schedule IV of the ACP-EC Agreement shall be credited to one or more bank accounts opened on behalf of the Commission and used in accordance with the provisions of Article 10.
4. If a new State joins the Community, the allocation of contributions referred to in paragraph 2 (a) , is amended by a decision of the Council, unanimous on the proposal of the Commission.
5. Financial resources may also be adjusted by unanimous decision of the Commission pursuant to Article 62, paragraph 2, of the ACP-EC partnership agreement.
Article 2
Resources reserved for ACP States
1. On the overall envelope set out in Article 1^er, paragraph 2, point (a) , a maximum of EUR 13,500 million is reserved for ACP States and distributed as follows:
(a) up to EUR 10,000 million in grants, including up to:
(i) EUR 9,836 million in support of long-term development to be programmed in accordance with Articles 1^er to 5 of Appendix IV of the ACP-EC Agreement. These resources may be used to fund short-term emergency actions under Article 72, paragraph 3, of the ACP-EC Agreement;
(ii) EUR 90 million reserved for the financing of the Centre for Business Development (CDE) budget in accordance with the provisions of Annex III of the ACP-EC agreement;
(iii) EUR 70 million reserved for financing the budget of the Technical Centre for Agricultural and Rural Development (CTA), in accordance with the provisions of Annex III of the ACP-EC Agreement; and
(iv) EUR 4 million to cover costs incurred by the ACP-EC Joint Assembly established under Article 17 of the ACP-EC Agreement;
(b) up to EUR 1,300 million reserved for funding support for regional cooperation and integration of ACP States, in accordance with Articles 6 to 14 of Annex IV to the ACP-EC Agreement;
(c) up to EUR 2,200 million is allocated for the financing of the investment facility in accordance with the terms and conditions set out in Appendix II ("Functions and Conditions") of the ACP-EC agreement, without prejudice to the funding of the interest bonuses set out in Articles 2 and 4 of Appendix II of the resource agreement referred to in Article 3, item (a) , of Annex I^re the deal.
2. On the amount of EUR 13,500 million referred to in paragraph 1^er, an amount of EUR 1,000 million can only be released after consideration of the Commission's results in 2004, based on a Commission proposal. If unlocked, these resources are allocated, as appropriate, between envelopes referred to in paragraph 1, (a) , (b) and (c) .
3. Before the expiry of 9^e FED, Member States shall assess with ACP States, in accordance with paragraph 7 of the financial protocol of the ACP-EC Agreement, the level of fulfilment of commitments and disbursements. The needs for new resources in support of financial cooperation are determined in the light of this evaluation and take due account of the unspent and non-disbursed resources under 9^e FED.
4. Before the expiry of 9^e FED, Member States set a date beyond which the funds of 9^e FED can no longer be engaged.
Article 3
PTOM resources
1. The total amount of financial assistance allocated by the Community to the OMPs on the overall envelope indicated in Article 1^er, paragraph 2, point (a) , is set at EUR 175 million, of which EUR 155 million in the form of grants and EUR 20 million in the framework of the investment facility. The rules governing the implementation of this assistance are defined in the Council's decision on the association of PTOM to the Community, adopted under Article 187 of the Treaty.
2. If an independent OMP adheres to the ACP-EC agreement, the amounts referred to in paragraph 1^er are diminished and those indicated in section 2, point (a) , under (i), increased correlatively, by a decision of the Council unanimously ruling on the Commission's proposal.
Article 4
Resource requirements
An amount of EUR 125 million is intended to fund the implementation costs incurred by the Commission under the ACP-EC agreement. It is used in accordance with the principles established in Article 10 of this Agreement and increased the resources referred to in Article 1^erparagraph 3 of this Agreement.
Article 5
Bank loans on its own resources
1. The amount set out in section 1^er, paragraph 2, add up to EUR 1,720 million of the Bank's loans on its own resources. These resources are granted for the purposes set out in Appendix II of the ACP-EC Agreement and in the Commission's current decision under Article 187 of the EC Treaty with respect to MOPs. The following is referred to as the "decision", in accordance with the conditions set out in its statutes and the applicable provisions of the terms and conditions for financing the investment set out in the schedule and the above-mentioned decision.
2. These loans are intended to:
(a) up to EUR 1,700 million for financing operations to be carried out in ACP States;
(b) up to EUR 20 million, to financing operations to be carried out in the OMPs.
Article 6
Deposit to the Bank
1. On the pro rata of their subscription to the Bank's capital, the Member States are committed to bailing on the Bank, by waiving for discussion, for all financial commitments arising from loan agreements concluded by the Bank on its own resources under both Article 1^er Annex II to the ACP-EC Agreement only the corresponding provisions of the decision.
2. The bail referred to in paragraph 1^er is limited to 75% of the total amount of the Bank's appropriation for all loan contracts; it applies to coverage of any risk.
3. Commitments resulting from paragraph 1^er are the subject of bonding contracts between each Member State and the Bank.
Article 7
Bank-managed operations under previous EDFs
1. Payments made to the Bank in respect of special loans granted to ACP States, PTOMs and overseas French departments, as well as the revenues and revenues of the venture capital transactions carried out under the previous EDFs, return to the Member States on the pro rata of their contribution to 9^e EDF whose sums come from, unless the Council unanimously decides, on the proposal of the Commission, to reserve or assign them to other operations.
2. Bank management commissions of loans and operations referred to in paragraph 1^er are previously deducted from these amounts.
Article 8
Bank operations under 9^e FED
1. The revenues and revenues collected by the Bank on transactions carried out under the ease of investment are allocated to other transactions carried out under this facility, in accordance with Article 3 of Schedule II of the agreement and after deduction of the outstanding expenses and expenses incurred in relation to the ease of investment.
2. The Bank is paid, based on a full cost coverage formula, for the management of operations carried out under the ease of investment. The Commission shall, by a qualified majority provided for in Article 21 of this Agreement and on a proposal by the Commission established in agreement with the Bank, decide on the resources and mechanisms of remuneration of the Bank. The terms of this decision are incorporated into the agreement by which the Bank undertakes to carry out these operations.
Article 9
Costs related to the implementation of 9 resources^e FED
1. The resources referred to in Article 4 of this Agreement and Article 1^erparagraph 3, is intended to cover administrative and financial costs related to the implementation of the 9 resources^e FED. They are used by the Commission to:
(a) to cover administrative and financial costs resulting from the management of the mill of 9^e FED;
(b) Strengthen the administrative capacity of the Commission and its delegations to ensure the smooth preparation and execution of operations funded by 9^e FED;
(c) funding studies, evaluations, audits or expertise, including analysis, diagnosis and formulation of structural and other adjustment policies; and
(d) Monitoring and evaluation.
This assistance is not assigned to the core tasks of the European public service, i.e. the permanent staff of the Commission.
2. Each year, the Commission submits to the EDF committee referred to in section 21, below referred to as the "EDF committee", comprehensive financial proposals on the use of these resources, together with a report on the actions of the previous year. The EDF committee gives its opinion on these funding proposals, in accordance with the procedure set out in section 27.
3. However, on the Commission's proposal, the Commission may decide by a majority of the revenues referred to in this section to be used for purposes other than those provided for in paragraph 1^er.
Article 10
Contributions to 9^e FED
1. Each year, the Commission shall determine and communicate to the Commission, by 15 October, the status of payments to be made for the following fiscal year as well as the timing of calls for contributions, taking into account the Bank's forecasts for the operations it manages and for the operations of the investment facility. The Commission justifies the amount requested on the basis of its ability to actually disburse the proposed resources. The Commission shall decide on the qualified majority provided for in section 21 on this justification and on each proposed appeal.
2. For funds transferred from previous EDFs to 9^e FED in accordance with Article 1^er, paragraph 2 (b) , the contributions of each Member State shall be calculated on the basis of their contribution to the EDF concerned.
3. The Commission is appended to the annual forecast of contributions to be submitted to the Commission for its estimates of commitments and disbursements for each of the four years following the call for contributions. The schedule is approved and reviewed annually by the Commission.
4. If contributions are not sufficient to meet the actual requirements of 9^e EDF during the reporting year, the Commission submits proposals for additional payments to the Commission, which shall, as soon as possible, decide on the qualified majority provided for in Article 21.
5. The terms and conditions for payment of contributions from Member States are determined by the financial regulations referred to in Article 31.
CHAPTER II. - Competences of the Commission and the Bank
Article 11
Financial performance of projects and programmes
1. The Commission ensures the financial execution of operations on 9 resources^e EDF allocated in the form of grants, excluding interest bonuses. It makes payments in accordance with the financial regulations referred to in section 31.
2. The Bank, acting on behalf of the Community, manages the ease of investment and directs the related transactions, in accordance with the terms set out in the financial regulations referred to in section 31. In this context, the Bank acts on behalf and risks of the Community. The rights arising from these transactions, including as creditor or owner, are exercised by the Member States.
3. The Bank ensures the financial performance of the transactions carried out by loans on its own resources, including, where appropriate, any enhancements of interest on the resources of 9^e FED.
4. Both the Commission and the Bank may, in the case of programmes or projects co-financed by the Member States or their implementing agencies, and responding to the priorities set out in the country cooperation strategies referred to in chapter III, entrust Member States or their implementing agencies with the responsibility of managing the aids of the European Union. However, the visibility of the European Union's contribution must be fully guaranteed. The Commission provides financial compensation for the administrative burden incurred.
Article 12
Monitoring and reporting obligations with regard to progress in the implementation of aid 9^e FED
1. The Commission and the Bank shall monitor the use of the assistance provided under 9 for each of them.^e FED by ACP States, PTOMs or any other beneficiary, as well as the implementation of projects funded by 9^e FED, focusing on the objectives set out in Articles 55 and 56 of the ACP-EC Agreement and the corresponding provisions of the decision.
2. The Bank periodically informs the Commission of the implementation of projects funded from resources of 9^e EDF that it administers, in accordance with the procedures defined in the operational guidelines for investment facility. The Commission and the Bank ensure close coordination and cooperation in supporting private sector development in ACP States.
3. The Commission and the Bank, in accordance with Articles 17, 18 and 19, provide Member States, gathered within the EDF committee, with information on the operational application, at the national and regional level, of the resources of 9^e FED. This information also covers operations funded under investment facility.
4. In accordance with Article 2, paragraphs 2 and 3, the Commission forwards to the Council a proposal for a comprehensive review of the results to be conducted by the Commission in 2004. This review will in particular assess the level of implementation of commitments and disbursements.
Article 13
Evaluations
1. The Commission and the Bank shall ensure, each with respect to it, that the quality and impact of the financial competitions funded by 9^e FEDs are rigorously evaluated by independent reviewers on key sectors, themes and instruments.
2. Without prejudice to the assessments of the main sectors, themes and instruments referred to in paragraph 1, specific projects may be assessed on a case-by-case basis by independent reviewers. Project evaluations can be undertaken at the Commission's initiative and indicated in the financial proposal. Member States may also request the evaluation of a project when the financial proposal is considered in the EDF committee.
3. All evaluations are conducted in accordance with good evaluation practices, including the evaluation criteria and the "Development Aid Assessment Principles" established by the OECD Development Assistance Committee.
4. The conduct of the evaluation is notified to the EDF committee, which may then debate it, in accordance with section 28, point (c). The results of the evaluations are taken into account in the mid-term review process and final review of the cooperation strategies provided for in Article 18.
CHAPTER III. - Programming
Article 14
Programmation of aid
1. The aid programming process allocated to each ACP State shall be carried out in accordance with Articles 1^er to 5 of Appendix IV of the ACP-EC Agreement.
2. The programming process for supporting regional cooperation and integration of ACP States is ensured in accordance with Articles 6 to 14 of Annex IV to the ACP-EC Agreement.
3. For the purposes of this article, programming shall be drawn:
(a) the preparation and development of a country cooperation strategy (SC)/regional cooperation strategy (CRS) based on the medium-term development objectives and strategies of the country or region itself;
(b) a clear indication by the Community of the indicative programmable financial envelope referred to in Article 3 of Schedule IV, of which the country or region may dispose during the five-year period;
(c) the preparation and adoption of an indicative program to implement the SC or SCR;
(d) a review process covering the SC or SCR, the indicative programme and the volume of resources allocated to it.
Article 15
SC and indicative programmes
1. At the beginning of the programming process, the Commission, in collaboration with the ACP State concerned and after consultation with the Bank, develops the SC and the corresponding indicative programme, designed at the field level.
2. This strategy is defined in coordination with the representations of the Member States established in the ACP State concerned. This coordination:
(a) takes place as far as possible through existing mechanisms for donor coordination in the ACP State concerned;
(b) is open to the participation of Member States that have no permanent representation in the ACP State concerned and other donors operating in that State. Member States that are unable to participate in the coordination exercise must have access to the results information;
(c) associates the Bank with questions relating to its activities and operations of investment facility.
3. On-site coordination focuses on the common needs and results assessment as well as on sectoral analysis and priorities. The coordination exercise ensures that SC and the indicative programme are consistent with national initiatives, such as poverty reduction strategy papers and the overall development framework, if such a dialogue exists.
4. The assistance provided by the Community in the form of grants focuses on a limited number of priority sectors and complements the operations financed by the ACP State itself, by the Member States and other donors.
5. Each SC is presented, along with its draft indicative programme, in a single document, which gives rise to an exchange of views between member States and the Commission as part of the EDF committee. In accordance with Article 4, paragraph 3, and Article 5, paragraph 4, of Annex IV to the ACP-EC Agreement, the indicative program contains specific operations clearly identified for the achievement of objectives and purposes, particularly those that may be initiated before the next review. The indicative program also includes impact indicators and sectoral policy commitments as well as a timetable for the implementation and review of the indicative program, including commitments and disbursements.
The Bank participates in this exchange of views. The EDF Committee expresses its opinion on the content of the document in accordance with the procedure defined in Article 27.
6. The indicative programme is then adopted jointly by the Commission and the ACP State concerned and becomes, upon adoption, binding both for the Commission and for the beneficiary State. After completion, the SC and its indicative program are forwarded for information to the EDF committee.
If the SC and the indicative program on which the EDF committee issued a notice are amended in substance before signing with the ACP State concerned, the SC and the revised indicative programme are submitted to the committee for further notice.
7. The Commission, the Bank and the Member States shall take all necessary measures, in particular with respect to the exchange of views referred to in paragraph 5, to complete the development of the SC and the corresponding indicative programme as soon as possible. Unless exceptional circumstances, this process must be completed within 12 months of the signing of the partnership agreement.
Article 16
Resource allocation
From the beginning of the programming process referred to in sections 1^er and 8 of Annex IV to the ACP-EC Agreement, the Commission shall establish, on the basis of the criteria set out in Articles 3 and 9 of Schedule IV to the Agreement, the indicative allocation on the resources specified in Article 2, paragraph 1, (a) , under (i), and point (b), to each ACP country and region on which the programming process is based. The two elements of the allocation to each country referred to in Article 3, paragraph 2, of Annex IV to the ACP-EC Agreement are determined in this context. The Commission shall inform the EDF Committee of this allocation, as well as any provision made in accordance with section 3, paragraph 4, of Schedule IV.
The EDF Committee shall give its opinion, in accordance with the procedure set out in Article 27, on the method used for the application of the general criteria for the allocation of resources, as presented by the Commission.
Article 17
Annual revision of indicative programmes
1. In accordance with Article 5, paragraph 4, of Annex IV to the ACP-EC Agreement, the Commission shall, in collaboration with each ACP State and in close coordination with the Member States, carry out an annual operational revision of each indicative programme. The Bank is consulted on issues related to its operations and investment facility activities.
2. This annual review of each program must not exceed 60 days. The Commission, the Bank and the Member States shall take the necessary measures, in particular with regard to the exchange of views referred to in paragraph 3, so that the time limit is met.
3. During this 60-day period, the EDF committee reviews this annual review based on a document submitted by the Commission.
4. The annual revision is finalized by the Commission and the ACP State concerned. Its final results are forwarded as information to the EDF committee.
Article 18
Mid-term and final reviews of SC
1. In the middle and at the end of the financial protocol period, the revision process is extended, in accordance with the terms specified in Article 5, paragraph 6, and Article 11 of Annex IV to the ACP-EC Agreement, to a revision and adaptation of the SC and the indicative program for the next five years. These revisions are an integral part of the programming process and include, as an essential element, an assessment of the impact of Community development cooperation on the objectives and indicators identified in the SC.
For each ACP State, mid-term and final revisions are carried out by the Commission and the State concerned, in close collaboration with the Member States represented in that State. The Bank is consulted on issues related to its operations and investment facility activities.
2. The mid-term and final revisions may lead the Commission to propose a revision of the allocation of resources for the next five-year period, depending on the current needs and results of the ACP State concerned.
3. The revisions made at the mid-term and at the end of the financial protocol period, including the possible revision of the allocation of resources, are completed within a total period of 90 days. The Commission, the Bank and the Member States shall take the necessary steps, in particular with respect to the notice process referred to in paragraph 4 of the EDF Committee, in order to ensure that the deadline is met.
4. Within the time frame for the mid-term and final revisions, the EDF Committee shall issue its opinion, in accordance with Article 27, after consideration of the document submitted by the Commission, on:
(a) the outcome of the mid-term or final review;
(b) SC and its indicative programme;
(c) a proposal submitted by the Commission regarding the allocation of resources.
Article 19
Regional programmes
1. The regional cooperation strategy (SCR) and the corresponding indicative programme are developed by the Commission and the duly mandated regional organization(s) or, in the absence of such a mandate, by the national ACP States in the region. When a regional sponsor has been appointed, the preparation of the regional cooperation strategy and its indicative programme is undertaken in coordination with the Member States.
2. This coordination involves the Bank on issues related to its activities and operations of investment facility.
3. The SCR and its draft indicative programme are presented in a single document that provides an exchange of views between member States and the Commission as part of the FED Committee. The committee shall express its opinion on the draft SCR and its indicative programme in accordance with the procedure set out in section 27, taking into account the provisions of section 23, paragraph 1^er.
4. The indicative programme is then adopted jointly by the Commission and the duly mandated regional organization(s) or, in the absence of such a mandate, by the national ACP States in the region. It becomes binding, upon adoption, both for the Commission and for those beneficiary States.
5. The mid-term and final revisions of the SCR and the corresponding indicative programme are carried out in accordance with Article 11 of Annex IV of the ACP-EC Agreement. During the review process, the EDF Committee expresses its opinion in accordance with the provisions of Article 27, after consideration of a summary document submitted by the Commission. After deliberation of the Committee, the review process is finalized between the Commission and the duly mandated regional organizations or, failing that, the national ACP States in the region. The final results of the revision are summarized in a summary which is then forwarded to the EDF committee for information.
6. Mid-term and final revisions can result in changes to the allocation of resources based on the actual needs and results of the ACP region concerned.
Rule 20
Revisions under exceptional circumstances
In exceptional cases provided for in Articles 72 and 73 of the ACP-EC Agreement, the SC may be reviewed at the request of either the ACP State concerned or the Commission. The review procedure defined in Article 18 of this Agreement shall apply, as appropriate, to the provisions of Article 3, paragraph 4, of Annex IV to the ACP-EC Agreement.
CHAPTER IV. - Decision-making procedures
Article 21
The Committee of the European Development Fund
1. It is established with the Commission, for the resources of the European Development Fund it manages, a committee, referred to as the "FED Committee", composed of representatives of the governments of the Member States. The EDF committee is chaired by a representative of the Commission; its secretariat is provided by the Commission. A representative of the Bank participates in his work.
2. The Council, by unanimous decision, sets out the rules of procedure of the FED Committee.
3. The voices of member states in the EDF committee are affected by the following weight:
For the consultation of the table, see image
4. The FED Committee shall vote by a qualified majority of 145 votes, expressing the favourable vote of at least eight member states.
5. The weighting referred to in paragraph 3 and the qualified majority referred to in paragraph 4 shall be amended by a decision of the Commission, deciding unanimously, in the case referred to in section 1^erParagraph 4.
Article 22
Competences of the FED Committee
1. The EDF committee focuses its work on substantive issues of development cooperation at the country and regional levels. To ensure coherence, coordination and complementarity, it monitors the implementation of development strategies adopted by the Community and its member States.
2. The tasks of the EDF committee are at three levels:
(a) community-based assistance programming and programming revisions provided by focusing on country and regional strategies, including identification of projects and programs;
(b) Participation in the decision-making process relating to the funding of the European Development Fund; and
(c) monitoring the implementation of community assistance, including its sectoral aspects, cross-cutting issues and the functioning of coordination on the ground.
Article 23
Programming, identification, complementarity and coherence
1. For programming, the committee:
(a) give its opinion on the examination referred to in Article 15, paragraphs 5 and 6, second paragraph, Article 16, second paragraph, Article 18, paragraph 4, and Article 19, paragraphs 3 and 5 in accordance with the procedure referred to in Article 27;
(b) consider the conclusions of the annual revisions referred to in Article 17, paragraph 3.
2. The committee also examines the coherence and complementarity between community and member states. In order to ensure the transparency and coherence of cooperation operations and to improve the complementarity between community actions and bilateral assistance, the Commission transmits to Member States and their representatives on site the project identification sheets within one month of the decision to conduct their evaluation. These forms are regularly updated and communicated to the FED Committee, member States and their representatives on site.
3. In order to complementarity, each Member State systematically informs the Commission of the activities it has undertaken or intends to undertake in each particular country. Bilateral assistance information is provided at the time of the first SC and updated at least during the annual review.
Article 24
Financing proposals on which the EDF committee provides its opinion
1. The EDF Committee shall give its opinion, in accordance with the procedure provided for in section 27, on:
(a) proposals to fund projects or programs in excess of EUR 8 million or more than 25% of the indicative programme,
(b) the funding proposals referred to in Article 9.
2. Funding proposals in the amount:
(a) more than EUR 15 million or more than 25% of the indicative programme is approved by oral procedure;
(b) between EUR 8 million and EUR 15 million are approved by the written procedure.
3. Without prior notice from the EDF committee, the Commission is authorized to approve operations in the amount below or equal to EUR 8 million and representing less than 25% of the indicative program. Each Member State may require that operations approved directly by the Commission be considered at a future meeting of the EDF Committee. For transactions of an amount:
(a) Between EUR 2 million and EUR 8 million, the Commission shall provide the EDF committee with ex ante information in accordance with the criteria set out in paragraph 5, at least two weeks before the decision is made;
(b) Between EUR 500,000 and EUR 2 million, the Commission shall provide the EDF committee with information ex ante succinct at least two weeks before the decision is made;
(c) less than EUR 500,000, the Commission shall inform the FED Committee after making its decision.
4. The Commission is also empowered to approve, without seeking the advice of the EDF committee, the additional commitments required to cover anticipated or actual overruns of a project or programme budget referred to in paragraph 1^er, points (a) and (b), where this exceedance or the additional amount required does not exceed 20% of the initial commitment set by the funding decision and/or EUR 5 million, and does not result in a substantial change in the project.
5. The funding proposals referred to in paragraph 1^er and in paragraph 3, item (a), specify, inter alia:
(a) the adequacy of projects or programmes to the development of the country(s) concerned and to the achievement of the objectives defined in the SC or SCR,
(b) the expected impact of these projects and programmes and their feasibility and the measures envisaged to ensure their sustainability when community assistance has ended.
The funding proposals also indicate the procedures and timing of implementation, as well as key indicators to assess the achievement of the objectives and expected outcomes. They should also indicate how lessons learned from past experiences and programmes have contributed to the development of the programme and have been taken into account in the programme and how coordination is organized between donors in the country(s).
Rule 25
Financing emergency assistance by the European Development Fund
1. Humanitarian assistance and emergency assistance are granted in accordance with Articles 72 and 73 of the ACP-EC Agreement and the corresponding Article of the Decision. When no budget funding is available, such assistance can be funded from the resources of 9^e FED referred to in Article 2, paragraph 1^er(a) under (i).
2. Sudden and unpredictable events such as serious humanitarian, economic and social difficulties, of an exceptional nature, resulting from natural calamities or crises of human origin such as wars or other conflicts or extraordinary circumstances with comparable effects, may be considered as special emergencies. In these cases, the Board is authorized to make decisions directly, up to EUR 10 million. The implementation of such assistance is limited to a maximum period of six months.
3. For special emergency measures, the Commission
makes its decision;
informs Member States in writing within 48 hours;
reports its decision at the next meeting of the EDF Committee. On this occasion, the Commission sets out, in particular, the reasons for its use of the special emergency procedure.
Rule 26
Global authorities
1. As part of the procedures for proposals for funding under Article 24, paragraphs 1^er and 3, and in order to accelerate these, the Commission is empowered, after a qualitative and quantitative assessment, to grant aggregate authorizations for aggregate amounts when it comes to funding the activities referred to in Article 16, paragraph 7, of Schedule IV.
2. Comprehensive authorizations may also be used for interest enhancements, subject to the provisions of Article 30.
3. Such funding proposals should include the objectives and, where appropriate, the expected impact of the Community's contribution, viability of activities, prior experience and previous assessments, and coordination with other donors.
Rule 27
Decision-making process
1. When the EDF committee is called to give its opinion, the Commission submits a draft of the measures to be taken.
2. The EDF Committee shall render its notice in accordance with the provisions of section 21 and its rules of procedure referred to in section 21, paragraph 2.
3. When the FED Committee has decided its opinion, the Commission shall take steps that are immediately applicable. If the Commission decides to deviate from the opinion expressed by the FED Committee, or in the absence of a favourable opinion from the FED Committee, it must either withdraw the proposal, or, as soon as possible, refer to the Council, which shall decide in the same voting conditions as the FED Committee, within a time limit which, in general, may not exceed two months.
4. If the measure submitted by the Commission to the Council is a funding proposal as referred to in Article 24, paragraph 1^er, or a comprehensive authorization as referred to in Article 26, the State or the ACP States concerned shall be informed thereof in accordance with Article 16 of Annex IV of the ACP-EC partnership agreement. In these cases, the Community shall not stop its final decision before the expiry of the 60-day period referred to in Article 16, paragraph 5, of Schedule IV of the ACP-EC Partnership Agreement.
Rule 28
Follow-up to implementation
As part of the monitoring of the implementation of cooperation, the EDF committee discusses the following:
(a) general development issues, as they relate to the implementation of the European Development Fund;
(b) sectoral policies developed by the Commission, in association with experts from member States, where such a discussion is deemed necessary to ensure the coherence of community development policy;
(c) results of evaluations of strategies, programmes and projects by country or sector, or any other evaluations of interest by the EDF committee;
(d) Mid-term evaluation of projects and programmes, upon request by the EDF committee at the time of approval of funding proposals, or where this evaluation leads to a substantial change in the project or programme concerned.
CHAPTER V. - The Investment Facility Committee
Rule 29
The Investment Facility Committee
1. A committee, referred to as the "IF committee", composed of representatives of the governments of the Member States and a representative of the Commission is established under the aegis of the Bank. Each government designates a representative and an alternate. The Committee proceeded in the same way for its representative. In order to ensure continuity, the Chairman of the FI Committee is elected by and among the members of the FI Committee for a period of two years. The Bank provides the committee secretariat and provides support services. Only members of the FI Committee designated by member States, or their alternate, shall vote.
2. The Council, unanimously deciding, adopts the rules of procedure of the FI Committee on the basis of a proposal prepared by the Bank after consultation with the Commission.
3. The FI committee ruled by a qualified majority. The voices are weighted in accordance with Article 21.
4. The FI committee meets at least four times a year. Additional meetings may be convened at the request of the Bank or members of the committee, in accordance with the rules of procedure. In addition, the FI Committee may issue a notice by written procedure on the issues referred to in Article 30, paragraph 2.
Rule 30
Competences of the FI Committee, the Bank and the Commission
1. The FI committee approves:
(1) operational guidelines for ease and proposals for revision;
(2) investment strategies and facilitated business plans, including performance indicators, based on the objectives of the ACP-EC Agreement and the general principles of Community development policy;
3) annual reports of ease of investment;
(4) any policy document, including evaluation reports, concerning ease of investment;
2. In addition, the FI Committee issues its opinion on:
(1) Proposals to grant a bonus of interest under Article 2, paragraph 7, and Article 4, paragraph 2, of Schedule II to the Agreement; in such a case, the committee also issues an opinion on the use of such an interest bonus;
(2) proposals for an intervention of the investment facility for any project for which the Board rendered a negative opinion;
(3) any other proposal on investment ease based on general principles as defined in operational directions.
3. It is the Bank's responsibility to submit to the FI Committee, in a timely manner, any matters requiring the approval or advice of the FI Committee, in accordance with paragraphs 1 and 2. Any proposal submitted to the committee for advice will be developed in accordance with the relevant criteria and principles set out in the operational guidelines.
4. The Bank and the Commission cooperate closely and, if necessary, coordinate their respective operations. In particular:
1) the Bank develops the draft operational guidelines for investment facility jointly with the Board;
(2) the Bank shall first request the Board's advice on:
(a) Investment strategies, business plans and policy documents
(b) the conformity of public sector or financial sector projects with the country support strategy or corresponding regional support or, where appropriate, with the overall objectives of the investment facility;
(3) the Bank also requests the Commission's agreement for any proposal submitted to the FI Committee concerning a goodification of interest, as to its compliance with Schedule II, with section 2, paragraph 7, and with Article 4, paragraph 2, of the ACP-EC Agreement, as well as with the criteria set out in the operational guidelines for the ease of investment.
The Commission is expected to have rendered a favourable opinion or to have approved a proposal if it does not provide a negative opinion within two weeks of the proposal. Where the Board's notice is required for a proposal referred to in paragraph (2) (b) , the Bank shall submit its application in the form of a brief memorandum setting out the objectives and basic principles of the proposed transaction and its relevance to the strategy for the country concerned.
5. The Bank does not undertake any of the actions listed in paragraph 2 without the favourable opinion of the FI Committee.
If the FI Committee makes a favourable opinion, the Bank decides on the proposal in accordance with its own procedures. In particular, it may decide, due to new circumstances, not to proceed with the proposal. The Bank periodically informs the FI Committee and the Commission of the cases to which it decided not to proceed.
With respect to the loans granted on its own resources and investment under the ease of investment for which the advice of the FI Committee is not required, the Bank shall determine its decision in accordance with its own procedures and, within the framework of ease, in accordance with the investment guidelines and strategies approved by the FI Committee.
If the FI committee renders a negative opinion regarding a proposal to award a bonus of interest, the Bank may nevertheless decide to grant the loan without a bonus of interest. The Bank periodically informs the FI Committee and the Commission of the cases for which it decided to proceed.
The Bank may, under the conditions set out in the operational guidelines, and provided that the essential objective of the loan or investment under the ease of investment remains unchanged, decide to change the terms of a loan or investment under the ease of investment for which the FI committee has rendered a favourable opinion in accordance with paragraph 2 or any loan with a bonus of interest for which the said committee has issued a favourable opinion. In particular, the Bank may decide to increase the amount of the loan or investment for ease of investment up to 20%.
Such an increase may result in a proportional increase in the amount of interest-bearing in respect of projects receiving a bonus of interest referred to in section 2, paragraph 7, paragraph (a) of Schedule II of the agreement. The Bank periodically informs the FI Committee and the Commission of the cases for which it decides to proceed. With respect to the projects referred to in Article 2, paragraph 7, paragraph (b) of Appendix II to the Agreement, if an increase in the amount of the bonus is requested, the FI Committee must issue a notice before the Bank can grant it.
6. The Bank manages the investment of the investment facility and all funds held under this facility in accordance with the objectives of the agreement. It may, inter alia, be part of the management and oversight bodies of legal entities in which the investment facility is engaged, and may incur, exercise and modify the rights held under the ease of investment.
CHAPTER VI. - Final provisions
Rule 31
Financial regulations
The provisions for the application of this Agreement shall be the subject of a financial regulation, as soon as the ACP-EC Agreement comes into force, by the Council ruling by the qualified majority referred to in Article 21, on the basis of a proposal by the Commission, and after the opinion of the Bank, with respect to the provisions of this Agreement, and of the Court of Accounts established by Article 247 of the Treaty establishing the European Community
Rule 32
Financial arrangements
1. At the end of each financial period, the Commission shall determine the account for the past management and the balance sheet of 9^e FED.
2. Without prejudice to paragraph 4, the Court of Auditors shall also exercise its powers with respect to the 9 operations of the Tribunal.^e FED. The conditions under which the Court of Auditors exercises its powers are determined in the financial regulations referred to in section 31.
3. Financial management discharge of 9^e FED, excluding operations managed by the Bank, is given to the Commission by the European Parliament on the recommendation of the Council, which shall rule by the qualified majority provided for in Article 21.
4. The information referred to in Article 12 shall be communicated by the Board to the Court of Accounts in order to enable the Court to carry out its control over exhibits of the assistance provided on the resources of the 9^e FED.
5. Financing of 9 resources^e EDF whose management is provided by the Bank is subject to the control and discharge procedures provided by the Bank's statutes for all operations. The Bank shall report annually to the Council and the Commission on the execution of operations financed from resources of 9^e FED which it manages.
Rule 33
Previous FDI
1. Without prejudice to the provisions of paragraph 2 and in accordance with Article 1^er, paragraph 2 (b) , the relics of the previous EDF are transferred to 9^e EDF and managed under the conditions provided by this Agreement or by the decision.
2. If the amount of transfers made from previous FDI to national or regional indicative programmes, respectively referred to in Article 14, paragraph 3, item (c), and Article 19, under Article 9^e FED is more than EUR 10 million per country or region, these resources are managed in accordance with the provisions of the original FED with respect to eligibility for participation in tenders and procurement. If the transferred resources are less than or equal to EUR 10 million, the eligibility rules for tenders scheduled for 9^e FED is applicable.
Rule 34
Revision clause
The articles contained in chapters II to V may, with the exception of section 21, be unanimously amended by the Council, on the proposal of the Commission. The Bank is associated with the Commission's proposal on matters related to its activities and operations of investment facility. These amendments may be considered for:
(a) ensure consistency with the ACP-EC Agreement, including its annexes governing implementation and management procedures;
b) improve the effectiveness of the implementation of the resources of the European Investment Fund. In this regard, the thresholds set out in section 24 from which funding proposals are submitted to the EDF committee and the decision-making process under section 27 may be reviewed in 2003.
Rule 35
Ratification, entry into force and duration of the internal agreement
1. This Agreement shall be approved by each Member State in accordance with its own constitutional rules. The Government of each Member State shall notify the General Secretariat of the Council of the European Union of the completion of the procedures required for the entry into force of this Agreement.
2. This Agreement shall enter into force on the first day of the second month following notification of its approval by the last Member State.
3. This Agreement shall be concluded for the same period as the financial protocol annexed to the ACP-EC Agreement. However, without prejudice to section 2, paragraph 4, it remains in force to the extent necessary for the full implementation of all operations funded under the ACP-EC Agreement and the said financial protocol.
Rule 36
Languages
This Agreement, written in a single copy in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Portuguese, Dutch and Swedish, all these texts being equally authentic, is deposited in the archives of the General Secretariat of the Council of the European Union, which gives a certified copy to the government of each signatory State.
____
Notes
(1) In faith, the representatives of the Governments of the Member States, gathered in the Council, undersigned, affixed the sigans to the bottom of this agreement.

Annex
DECLARATIONS RELATING TO CHAPTER III ANNEXES TO THE INTERNATIONAL
(1) Statement by the Commission and Member States
"The Commission and the Member States recall the importance they attach to the standardized framework for country strategy documents (SPDs) which is being developed following the resolution on complementarity adopted by the Development Council in May 1999. The 9 aid programming process^e FED must comply with the Commission's next SPD findings. »
(2) Statements by the Commission
“1. The Commission will ensure that the country cooperation strategy (SC) for ACP States is consistent with the standardized framework for country strategy documents. In particular, the SC will need to:
(a) include an analysis, political, economic and social perspectives, the situation of the country, its constraints, capacities and prospects, as well as a detailed outline of the country's medium-term development strategy. It will also provide a diagram of the relevant plans and actions of other donors present in the country, including those of the Member States of the European Union as bilateral donors;
(b) Identify appropriate response strategies to which the Community will need to support. Response strategies must be based on the country's development strategy itself and the country's situation analysis. The response strategy will be built around a strictly limited number of agreed areas of intervention; It will also be consistent and complementary to the interventions of other donors in the country concerned. It must integrate horizontal and cross-sectoral issues, such as the focus on poverty reduction, equal treatment between men and women, environmental issues, capacity-building and sustainable development issues. The SC must rely on the experience gained and take into account all relevant evaluations.
2. The response strategy will be translated into a realistic and updated indicative work programme each year, which will be an integral part of the SC document. The programme of work will define the instruments to be used for individual projects or programmes. To ensure a pragmatic approach, it will focus on operational objectives and indicators. It will also include a schedule for implementation and revision of the indicative programme and will define the indicators to be used to measure results.
3. The annual operational review process is carried out in accordance with Article 5, paragraph 4, of Annex IV of the ACP-EC Agreement and includes assessing the progress of the activities outlined in the indicative programme, measured against specific objectives and indicators.
4. On the occasion of the mid-term and final reviews conducted in accordance with Article 5, paragraph 6, of Annex IV to the ACP-EC Agreement, the revision includes an evaluation of the SC. The midterm and final reviews include:
(a) an analysis of the political, economic and social situation and of the coherence and relevance of the European Community ' s response strategy in relation to the country ' s situation;
(b) the results of the past or ongoing cooperation of the European Community with the country concerned taking into account the results of the relevant evaluations, including an assessment of horizontal and cross-sectoral issues;
(c) an evaluation and updating of SC, taking into account the overall degree of complementarity of operations covered by the SC programme of work in relation to interventions by member States and other donors.
The annual revision, as well as the mid-term and final reviews, includes a concrete and specific update and a revision of the indicative programme, including an extension of the programming perspective for the next five-year period.
5. The Commission develops detailed guidelines on programming and reviews, which will reflect and detail these principles. The Commission's services systematically use these guidelines for the programming process. The guidelines are communicated to Member States for information.
6. The respective roles of the head of delegation and the seat of the Commission as part of the programming process are described in the ACP-EC agreement. »

INTERNAL AGREEMENT
PROCEDURES OF THE GOVERNMENTS OF THE MEMBER STATES, RELATING TO THE COUNCIL ' s SERIOUS PROCEDURES AND TO THE PROCEDURES FOR THE IMPLEMENTATION OF THE ACP-EC PARTENARIAT ACCORD
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBERS OF THE EUROPEAN COMMUNITY, IN THE BOARD,
VU the Treaty establishing the European Community, hereafter referred to as the Treaty,
VU the ACP-EC partnership agreement, signed in Cotonou, Benin, on 23 June 2000, hereafter referred to as "ACP-EC agreement",
VU the draft of the Commission,
Considering the following:
(1) The representatives of the Community will have to take joint positions within the Council of Ministers provided for in the ACP-EC Agreement, below referred to as the Council of Ministers ACP-EC. On the other hand, the application of the decisions, recommendations and opinions of this Council may require, as the case may be, action by the Community, joint action by the Member States or action by a Member State.
(2) It is therefore necessary for member States to specify the conditions under which, in areas within their competence, the common positions to be taken by the representatives of the Community within the Council of Ministers ACP-EC. In addition, it will be up to them to take measures in the same fields to implement the decisions, recommendations and opinions of this Council that could require joint action by the Member States or the action of a Member State.
(3) Member States, in the areas covered by the ACP-EC Agreement and within their competence, will be responsible for empowering the Council to adopt appropriate decisions, under Articles 96 and 97 of the ACP-EC Agreement.
(4) It is also necessary to provide that the Member States shall communicate with each other and communicate to the Commission any treaty, convention, agreement or arrangement and any part of a treaty, convention, agreement or arrangement that affect matters dealt with in the ACP-EC Agreement that have been concluded or will be concluded between one or more member States and one or more ACP States.
(5) In addition, it is necessary to provide for the procedures by which Member States can resolve disputes arising between them with respect to the ACP-EC agreement,
The following provisions have been agreed:
Article 1
The common position that the representatives of the Community have to take within the Council of Ministers ACP-EC and the Committee of Ambassadors when they deal with matters within the competence of the Member States is decided by the Council, unanimously deciding on a draft of the Commission or a Member State after consultation with the Commission.
Article 2
The decisions and recommendations adopted by the Council of Ministers ACP-EC or the Committee of Ambassadors in the areas within the competence of the Member States are implemented by acts taken by them.
Article 3
The position of the Member States for the implementation of Articles 96 and 97 of the ACP-EC Agreement, when it covers matters within their competence, is decided by the Council in accordance with the procedure set out in the annex.
If the measures envisaged relate to areas within the competence of the Member States, the Council may also decide on the initiative of a Member State.
Article 4
Any treaty, convention, agreement or arrangement, and any part of treaty, convention, agreement or arrangement that affect matters dealt with in the ACP-EC Agreement, regardless of form or nature, and that have been concluded or will be concluded between one or more Member States and one or more ACP States shall be communicated as soon as possible by the member States concerned to other Member States and to the Commission. At the request of a Member State or the Commission, any text so communicated shall be subject to deliberation within the Council.
Article 5
When a Member State considers it necessary to resort to Article 98 of the ACP-EC Agreement in matters that fall within the competence of the Member States, it shall consult with the other Member States and the Commission in advance.
If the Council of Ministers ACP-EC is obliged to make a decision on the action of the Member State referred to in the first paragraph, the position presented by the Community is that of the Member State concerned, unless the representatives of the governments of the Member States, gathered in the Council, decide otherwise.
Article 6
Disputes arising between Member States and relating to the ACP-EC Agreement, the annexes and protocols attached to it or the internal agreements concluded for the application of the ACP-EC Agreement are, at the request of the most diligent party, submitted to the Court of Justice of the European Communities under the conditions provided for by the Treaty and the Protocol relating to the status of the Court of Justice annexed to the Treaty.
Article 7
Representatives of the governments of the Member States, gathered within the Council, may at any time, unanimously deciding on a draft of the Commission or a Member State after consultation with the Commission, amend this Agreement.
Article 8
This Agreement shall be approved by each Member State in accordance with its own constitutional rules. The Government of each Member State shall notify the General Secretariat of the procedures required for its entry into force.
This Agreement shall enter into force, provided that the provisions of the first paragraph are fulfilled, together with the ACP-EC Agreement (1). It remains in application for the duration of it.
Article 9
This Agreement, written in a single copy in the German, English, Danish, Finnish, Spanish, French, Greek, Italian, Dutch, Portuguese and Swedish languages, will be deposited in the archives of the General Secretariat of the Council, which will issue a certified copy to each of the Governments of the signatory States.
____
Notes
(1) The date of entry into force of the ACP-EC agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.

Annex
1. If, at the initiative of the Commission or a Member State, the Council considers that an ACP State has breached an obligation concerning one of the essential elements referred to in Article 9 of the ACP-EC Agreement, or in serious cases of corruption, the ACP State concerned is invited, unless there is a particular urgency, to consult in accordance with Articles 96 and 97 of the ACP-EC Agreement.
The Council shall rule by a qualified majority.
As part of these consultations, the Community is represented by the Presidency of the Council and by the Commission.
2. If no solution has been found at the expiry of the consultation deadlines set out in sections 96 and 97 of the ACP-EC Agreement and despite all the efforts undertaken, the above-mentioned articles provide that the Council, by a qualified majority, may decide, on the Commission's proposal, to take appropriate measures up to the partial suspension. The same rule applies immediately in the event of an emergency or refusal to consult. The Council shall rule unanimously in the event of a total suspension of the application of the ACP-EC agreement with respect to the ACP State concerned.
These measures shall remain in force until the Commission has resorted to the applicable procedure, as defined in the first paragraph, to make a decision amending or cancelling the measures previously adopted or, where appropriate, for the period specified in the decision.
To this end, the Council periodically revises, and at least every six months, the above-mentioned measures.
The President of the Council notifies the measures adopted by the ACP State concerned and the Council of Ministers ACP-EC before their entry into force.
The decision of the Council is published in the Official Journal of the European Communities. If the measures are adopted immediately, their notification is sent to the ACP State and the ACP-EC Council of Ministers, together with an invitation to consult.
3. The European Parliament is immediately and fully informed of any decision adopted in accordance with paragraphs 1^er and 2 of this annex.
Internal agreement between the representatives of the governments of the Member States, gathered within the Council, on the financing and management of the assistance of the Community under the financial protocol of the partnership agreement between the African, Caribbean and Pacific States and the European Community are its member states, signed in Cotonou, Benin, on 23 June 2000, and on the allocation of financial aids to the countries and territories of the Fourth World to which the European Treaty applies
LIST OF LIES
For the consultation of the table, see image

Internal Agreement between the representatives of the governments of the Member States, gathered within the Council, on the measures to be taken and the procedures to be followed for the implementation of the ACP-EC Partnership Agreement, and Annex, made in Brussels on 18 September 2000
LIST OF LIES
For the consultation of the table, see image