ACP/EU relations, Lome IV Convention: human rights, democratisation, article 366 a for consultations
1996/0050(AVC)
In a supplementary document addressed to the European Parliament, the Council explains why it
did not take account of the recommendations made by Parliament in its interim report of
13.06.1997:
-as regards prior consultation of the European Parliament, under the assent procedure, whenever the
Council wishes to act under Article 366a of the Convention, the Council explains that after the entry
into force of the Amsterdam Treaty, Article 300 (formerly 228) of the future Treaty will require a
Council decision on a proposal from the Commission in the event of the suspension of an agreement
based on Article 310 (formerly 238), after which Parliament will immediately simply be informed.
Consequently, the Council considers that it cannot adopt a decision which would be incompatible
with the future provisions of the Treaty. This also implies that in the event of partial suspensions
or other more limited measures, the assent of the European Parliament likewise could not be
provided for legally;
-as regards Parliament's call for the power to act in its own name as part of the procedure laid down,
the Council considers that this proposal cannot be accepted, as nowhere does the Treaty provide for
such initiatives by Parliament before the Council has acted. However, the Council states that, in
accordance with the proposal, Parliament will be immediately and fully informed of all decisions
adopted by the Council.
In an annex, the Council puts forward a proposal for a decision by the representatives of the
Governments of the Member States amending the agreement on the measures to be taken and the
procedures to be followed to apply the Fourth Lomé Convention. This decision concerns the
procedure to be adhered to for measures concerning fields for which the Member States are
competent.�