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MOTION FOR RESOLUTION No. 58 /X

Considering the need to modify some of the provisions of the Internal Agreement

between the Representatives of the Governments of the Member States, meeting in the Council,

on the Measures to be adopted and the Procedures to be followed for the Enforcement of the Agreement

of ACP-EC Partnership, signed in Brussels, on September 18, 2000;

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

To approve the Internal Agreement between the Representatives of the Governments of the Member States,

meeting in the Council, amending the Internal Agreement of September 18, 2000 on

to the Measures to be adopted and to the Procedures to be followed for the Enforcement of the Agreement of

ACP-EC Partnership, signed in Brussels, on April 10, 2006, whose authenticated version

in the Portuguese language is published in annex.

Seen and approved in Council of Ministers of June 6, 2007

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs

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INTERNAL AGREEMENT

AMONG THE REPRESENTATIVES OF THE

GOVERNMENTS OF THE MEMBER STATES,

MEETING ON THE BOARD,

WHICH CHANGES THE INTERNAL AGREEMENT

FROM September 18, 2000

ON THE MEASURES TO BE ADOPTED AND

TO THE FOLLOWING PROCEDURES FOR THE EXECUTION

FROM THE ACP-EC PARTNERSHIP AGREEMENT

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THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE

EUROPEAN COMMUNITY, MEETING IN THE COUNCIL,

HAVING REGARD to the Treaty establishing the European Community,

HAVING REGARD to the ACP-EC Partnership Agreement, signed in Cotonou (Benin), in

June 23, 2000, hereinafter referred to as "the ACP-EC Agreement",

HAVING REGARD to the project of the Commission,

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CONSIDERING THE FOLLOWING:

(1) By Decision of April 27, 2004, the Council conferred a mandate on the Commission

to proceed to the opening of negotiations with the ACP States with a view to the

amendment of the ACP-EC Agreement. The negotiations were concluded in Brussels,

on February 23, 2005. The Agreement amending the ACP-EC Agreement was

signed in Luxembourg, on June 25, 2005.

(2) Consequently, the Internal Agreement should be amended between the

Representatives of the Governments of the Member States, meeting in the Council,

of September 18, 2000 on the measures to be adopted and the procedures to be

follow for the implementation of the ACP-EC Partnership Agreement 1 , hereinafter referred to as " the

Internal agreement ".

(3) It is necessary to amend the procedure provided for by the Internal Agreement to have in

account for changes to Articles 96 and 97 provided for in the Agreement amending the

ACP-EC Agreement. This procedure should also be amended to have in

account for the new Article 11-B whose No 1 constitutes an essential element of the Agreement

amending the ACP-EC Agreement,

THEY AGREED IN THE FOLLOWING:

1 OJ L 317, 12/15/2000, p. 376.

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ARTICLE 1.

The Internal Agreement between the Representatives of the Governments of the Member States,

meeting in the Council of September 18, 2000 on the measures to be adopted and the

procedures to be followed for the implementation of the ACP-EC Partnership Agreement is amended from the

following mode:

1. Article 3 shall be replaced by the following:

" Article 3.

The position of Member States on the application of Articles 11-B, 96.

and 97 of the ACP-EC Agreement, where it relates to matters of its

competence, is adopted by the Council, in the terms of the constant procedure of the

Attachment.

Where the measures provided for are in respect of areas of the competence of States-

-Members, the Council may also act on the initiative of a State-

-Member. ";

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2. Article 9 shall be replaced by the following:

" Article 9.

The present Agreement, drawn up in a single copy in the German languages, Czech,

Danish, Spanish, Slovakian, Slovenian, Estonian, Finnish, French, Greek,

Hungarian, English, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese and

swedish, making equally authentic all texts, is deposited in the archives of the

General Secretariat of the Council, which refers a certified copy to each of the

Governments of the signatory States. ";

3. The Annex shall be replaced by the following:

" ANNEX

1. The Community and its Member States shall exhaust all

possible options for political dialogue with the ACP countries under Article 8 of the

ACP-EC agreement, except in cases of special urgency, before commencement of the

consultation process provided for in Article 96 of the ACP-EC Agreement. The dialogue to the

article 8 has a systematic and formalized character, according to the

modalities provided for in Article 2 of Annex VII to the ACP-EC Agreement. In what

respects the dialogue at national, regional and subregional level, when the Assembly

Parity parliamentarian is involved, will be represented by the Co-Chairs or

your assigned representatives.

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2. If, all the dialogue options provided for in Article 8, are exhausted.

ACP Agreement, and on the initiative of the Commission or of a Member State, the Council

to consider that an ACP State has not complied with an obligation concerning one of the

essential elements referred to in Articles 9 or 11.-B of the ACP-EC Agreement or

in serious case of corruption, the ACP State concerned shall be invited, except if

there is particular urgency, to commence consultations pursuant to Articles 11-B, 96.

or 97 of the ACP-EC Agreement.

The Council shall act by a qualified majority.

In the consultations, the Community shall be represented by the Presidency of the Council and by

Commission, seeking to ensure equality at the level of representation. The queries

should focus on the measures to be adopted by the party in question and conduct themselves

agreement with the modalities provided for in Annex VII to the ACP-EC Agreement.

3. If, on the expiry of the time limits for the holding of consultations set in

articles 11-B, 96 or 97 of the ACP-EC Agreement, and in spite of all efforts

dispended, no solution has been found, or immediately at

case of urgency or refusal to enter into consultations, the Council may decide,

on the basis of those articles, acting by a qualified majority under a proposal

of the Commission, take appropriate measures, including the partial suspension. The

Council deliberates unanimously in case of full suspension of the application of the

ACP-EC agreement with respect to the ACP State concerned.

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These measures shall remain in force until the Council has recourse to the procedure

applicable as provided in the first paragraph to approve a decision to amend or

revocation of the measures previously adopted or, where appropriate, during the

period indicated in the decision.

To that end, the Council shall, periodically and at least six in six

months, to the review of the measures referred to above.

The President of the Council notifies the measures adopted to the ACP State concerned

and to the ACP-EC Council of Ministers, prior to its entry into force.

The decision of the Council shall be published in the Official Journal of the European Union. If the

measures are adopted immediately, their notification is addressed to the State

ACP and the ACP-EC Council of Ministers, concurrently with an invitation to the

fulfilment of queries.

4. The European Parliament is immediate and fully informed of any

decision approved under the terms of paragraphs 2 and 3 of this Annex ".

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ARTICLE 2.

This Agreement shall be approved by each Member State, in accordance with its

constitutional formalities. The Government of each Member State notifies the

General Secretariat of the Council of the fulfilment of the necessary procedures for the

its entry into force.

This Agreement shall enter into force on the same date as the Agreement amending the Agreement

ACP-EC 2 , provided that the provisions of paragraph 1 are met. The present Agreement remains

in force during the same period as the Agreement amending the ACP-EC Agreement.

2 The date of entry into force of this Agreement shall be published in the Official Journal

of the European Union by the General Secretariat of the Council.

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Hecho en Luxembourg, el diez de april del dos thousand six.

V Lucemburku dne desátého dubna dva tisíce šest.

Udfærdiget i Luxembourg den tiende april to tusind og seks.

Geschehen zu Luxemburg am zehnten April zweitausendsechs.

Kahe tuhande kuuenda aasta aprillikuu kümnendal päeval Luxembourgis.

Entitled Εγινε στo Λουεμβούργο, στις δα κα Απριλίου δο χο χιλιάδες έι.

Done at Luxembourg on the tenth day of April in the year two thousand and six.

Fait à Luxembourg, le dix avril deux mille six.

Fatto a Lussborg, addì dieci aprile duemilase.

Luksemburgā, divtūkstoš sestā gada desmitajā aprīlī.

Priimta du tūkstančiai šeštą mettle balandžio dešimtż dienż Liuksemburge.

Kelt Luxembourgban, a kettőezer hatodik év április tizedik napján.

Magagraph mul fil-Lussemburgu, fl-gates axra jum ta ' April tas-sena elfejn u sitta.

Gedaan te Luxemburg, from tiende april tweeduizend zes.

Sporządzono w Luksemburgu dnia dziesiątego kwietnia roku dwutysięcznego szóstego.

Done in Luxembourg, in ten of April two thousand and six.

V Luxemburgu dňa desiateho apríla dvetisícšesğ.

V Luxembourgu, wish aprila leta dva tisoč šest.

Tehty Luxemburgissa kymmenentenä päivänä huhtikuuta vuonna kaksituhattakuusi.

Som skedde i Luxemburg den tionde april tjugohundrasex.

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