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ANNEX IX

JOINT DECLARATION ON INVESTMENTS RELATING TO ARTICLE 64 OF THE CONVENTION

1 . WHERE AN ACP STATE HAS ENTERED , OR ENTERS , INTO AN INTER-GOVERNMENTAL AGREEMENT RELATING TO THE TREATMENT OF INVESTMENTS WITH ANY MEMBER STATES , THE ACP STATE CONCERNED RECOGNIZES THAT THE RIGHT OF NON-DISCRIMINATORY TREATMENT OF INVESTMENTS COMING FROM MEMBER STATES OF THE COMMUNITY IN ACP STATES TAKES EFFECT FROM THE ENTRY INTO FORCE OF THE CONVENTION .

2 . ( A ) THE APPLICATION OF THIS RIGHT SHALL BE BASED ON BILATERAL INTER-GOVERNMENTAL INVESTMENT AGREEMENTS WHICH SHALL SERVE AS REFERENCE AGREEMENTS .

( B ) AS REGARDS SUCH BILATERAL INTER-GOVERNMENTAL INVESTMENT AGREEMENTS CONCLUDED BEFORE THE ENTRY INTO FORCE OF THIS CONVENTION , THE APPLICATION OF NON-DISCRIMINATORY TREATMENT SHALL TAKE INTO ACCOUNT ANY PROVISIONS IN THE REFERENCE AGREEMENT . THE ACP STATE SHALL HAVE THE RIGHT TO MODIFY OR ADAPT THIS TREATMENT WHEN INTERNATIONAL OBLIGATIONS AND / OR CHANGED DE FACTO CIRCUMSTANCES SO NECESSITATE .

3 . FOR THE PURPOSE OF APPLYING NON-DISCRIMINATORY TREATMENT ON THE BASIS OF PARAGRAPH 2 ( A ) , THE CONTRACTING STATES SHALL PROCEED TO BILATERAL INTER-GOVERNMENTAL EXCHANGES OF LETTERS OR OTHER APPROPRIATE FORM REQUIRED BY LAW OF A CONTRACTING STATE .

4 . ANY CONTRACTING STATE HAS THE RIGHT TO ASK FOR SUCH AN AGREEMENT . THE AGREEMENT WHEN CONCLUDED SHALL COME INTO EFFECT WITHOUT DELAY IN ACCORDANCE WITH THE LAW OF THE ACP STATE CONCERNED .

5 . SUCH AGREEMENTS SHALL COVER DISPUTES RELATING TO INVESTMENTS ARISING ONLY AFTER THE ENTRY INTO FORCE OF THE NEW CONVENTION .

6 . THE TREATMENT OF INVESTMENTS MADE BEFORE THE ENTRY INTO FORCE OF THIS CONVENTION SHALL BE EXAMINED BY THE TWO PARTIES IN THE LIGHT OF THE PROVISIONS OF THE AGREEMENT OF REFERENCE .