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1 MOTION for a RESOLUTION paragraph 58/X whereas it is necessary to modify some of the provisions of the internal agreement between the representatives of the Governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC partnership agreement, signed in Brussels on 18 September 2000; So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: to approve the internal agreement between the representatives of the Governments of the Member States, meeting within the Council, amending the internal agreement of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC partnership agreement signed in Brussels on 10 April 2006, which authenticated version in Portuguese language if published in annex.
Seen and approved by the Council of Ministers of 6 June 2007 the Prime Minister and State Minister for Foreign Affairs the Minister of Parliamentary Affairs Minister Presidency 2 INTERNAL AGREEMENT BETWEEN the REPRESENTATIVES of the GOVERNMENTS of the Member States, MEETING WITHIN the COUNCIL, AMENDING the INTERNAL AGREEMENT of 18 SEPTEMBER 2000 on measures to be taken and procedures to be followed for the IMPLEMENTATION of the ACP-EC PARTNERSHIP AGREEMENT 3 REPRESENTATIVES of the GOVERNMENTS of the Member States of the European Community, MEETING WITHIN the COUNCIL, having regard to the Treaty establishing the European Community, HAVING REGARD to the ACP-EC partnership agreement signed in Cotonou (Benin) on 23 June 2000, hereinafter referred to as "the ACP-EC agreement", having regard to the draft from the Commission, 4 whereas: (1) by decision of 27 April 2004 the Council gave a mandate to the Commission to open negotiations with the ACP States with a view to amending the ACP-EC agreement. The negotiations were concluded in Brussels on 23 February 2005. The agreement amending the ACP-EC agreement was signed in Luxembourg on 25 June 2005. (2) should therefore be amended to the internal agreement between the representatives of the Governments of the Member States, meeting within the Council, of 18 September 2000 on measures to be taken and procedures to be followed 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 in the internal agreement to take account of the amendments to articles 96 and 97 provided for in the agreement amending the ACP-EC agreement. This procedure should also be amended to take into account the new article 11-B whose No. 1 is an essential element of the agreement amending the ACP-EC agreement, have agreed as follows: 1 OJ L 317 of 15.12.2000, p. 376. 5 article 1 of the internal agreement between the representatives of the Governments of the Member States, meeting within the Council, of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC partnership agreement shall be amended as follows: 1. Article 3 thereof shall be replaced by the following: ' article 3 the position of the Member States concerning the application of articles 11-B , 96 and 97 of the ACP-EC agreement, always with respect to matters within its competence, is adopted by the Council, in accordance with the procedure set out in the annex.
When the measures comply with the areas of competence of the Member States, the Council may also decide on the initiative of a Member State. "; 6 2. Article 9 passes shall be replaced by the following: "article 9 this agreement, drawn up in a single copy in the Czech, Danish, Dutch, English, Slovenian, Slovak, Spanish, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese and Swedish languages, each of these texts being equally authentic, is deposited in the archives of the General Secretariat of the Council, which posts a certified copy to each of the Governments of the signatory States.";
3. The Annex is replaced by the following: "ANNEX 1. The community and its Member States shall exhaust all possible options for political dialogue with the ACP States pursuant to article 8 of the ACP-EC agreement, except in cases of special urgency, prior to initiate the consultation procedure provided for in article 96 of the ACP-EC agreement. Dialogue under article 8 is systematic and formalised in accordance with the procedure laid down in article 2 of annex VII to the ACP-EC agreement. As regards dialogue at national, regional and subregional level, when the Joint Parliamentary Assembly is involved, will be represented by Co-Presidents or their designated representatives. 7 2. If, exhausted all options for dialogue under article 8 of the Agreement, and on the initiative of the Commission or of a Member State, the Council considers that an ACP State has failed to fulfil an obligation concerning one of the essential elements referred to in articles 9 or 11-B of the ACP-EC agreement or in severe case of corruption, the ACP State concerned shall be invited unless there is special urgency, to hold consultations in accordance with articles 11-B, 96 or 97 of the ACP-EC agreement.
The Council shall act by qualified majority.
In the consultations, the Community shall be represented by the Presidency of the Council and the Commission, seeking to ensure equality at the level of representation. The consultations should focus on the measures to be taken by the party concerned and take place in accordance with the procedure laid down in annex VII to the ACP-EC agreement.
3. If, on expiry of the deadlines for the consultations laid down in articles 11-B, 96 or 97 of the ACP-EC agreement, and despite all efforts, no solution has been found, or immediately in case of urgency or refusal to hold consultations, the Council may decide, on the basis of the provisions cited above, acting by a qualified majority on a proposal from the Commission take appropriate measures including partial suspension. The Council shall act unanimously in case of a full suspension of application of the ACP-EC agreement in relation to the ACP State concerned. 8 these measures remain in force until the Council to resort to the procedure provided for in the first subparagraph to approve a decision to amend or repeal of the measures previously adopted or, where applicable, for the period indicated in the decision.
For this purpose, the Council shall, on a regular basis and at least every six months, review the measures referred to above.
The President of the Council shall notify the measures adopted to the ACP State concerned and to the ACP-EC Council of Ministers, before its entry into force.
The Council's decision is published in the official journal of the European Union. If the measures are adopted immediately, notification shall be addressed to the ACP State and to the ACP-EC Council of Ministers, at the same time as an invitation to the consultations.
4. the European Parliament is immediately and fully informed of any decision adopted pursuant to paragraphs 2 and 3 of this annex ". 9 Article 2 this Agreement shall be approved by each Member State, in accordance with their constitutional requirements. The Government of each Member State shall notify the General Secretariat of the Council of the completion of the procedures necessary for its entry into force.
This agreement shall enter into force on the same date as the agreement amending the ACP-EC agreement 2, provided that the provisions of paragraph 1. This agreement remains in effect during the same period that 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. 10 Hecho en Luxembourg, el diez de April del of 1006. 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. Στo στις δέκα ΄Εγινε Λουξεμβούργο δύο χιλιάδες, Απριλίου έξι. 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 Lussemburgo, addì dieci aprile duemilase. Luksemburgā, divtūkstoš desmitajā aprīlī gada sestā. Priimta du tūkstančiai šeštų balandžio dešimtą dieną Liuksemburge METU. Kelt Luxembourgban, kettőezer év április tizedik hatodik napján. Magħmul fil-Lussemburgu, fl-g ħaxra jum ta ' tas-sena elfejn u April sitta. Gedaan te Luxemburg, de tiende april zes tweeduizend. Sporządzono w Luksemburgu dnia dziesiątego roku dwutysięcznego szóstego kwietnia. Done in Luxembourg, on 10 April 2006. V Luxemburgu desiateho dňa apríla dvetisícšesť. V Luxembourgu, desetega aprila leta dva tisoč šest. Tehty Luxemburgissa kymmenentenä päivänä huhtikuuta vuonna kaksituhattakuusi. SOM skedde i Luxemburg den tionde april tjugohundrasex.
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