22000A1215(01)
2000/483/EC: Partnership agreement between the members of the
African, Caribbean and Pacific Group of States of the one part, and
the European Community and its Member States, of the other part,
signed in Cotonou on 23 June 2000 - Protocols - Final Act -
Declarations
Dates:
of document: 23/06/2000
of effect: 01/04/2003; Entry into force See Art 93.3 And OJ
L 83/2003 P. 69
of effect: 02/08/2000; Provisional application See
22000D0801(01)
of signature: 23/06/2000; COTONOU
end of validity: 01/03/2020; See Art. 95.1
Author:
European Community ; ACP ; Federal Republic of Germany ; Denmark ;
Spain ; France ; Greece ; Italy ; Ireland ; Luxembourg ; United
Kingdom ; Portugal ; Sweden ; Austria ; Finland ; Belgium ;
Netherlands ; The 15 Member States
Subject matter: External relations ; African Caribbean and Pacific
States ; Development cooperation ; Commercial policy ; Human rights
; European Investment Bank ; European Development Fund
Directory code: 11403000
EUROVOC descriptor: development policy ; EC transitional period ;
ACP countries ; cooperation agreement
Legal basis:
197E...................... Adoption
Instruments cited:
275A0228(01)..............
294A1223(01)..............
294A1223(05)..............
294A1223(07)..............
294A1223(16)..............
294A1223(17)..............
Amendment to:
200D0801(01)...... Relation......
Amended by:
Relation...... 200D0801(01)...... Partial provisional application
from 02/08/2000
Derogated in.. 200D1028(01)...... Derogation PROT 1 ANN 2 till
30/09/2002
Relation...... 400A1215(02)......
Derogated in.. 201D0350.......... Derogation ANN2PROT1ANN5 till
28/02/2006
Derogated in.. 201D0351.......... Derogation ANN2PROT1ANN5 till
31/03/2006
Derogated in.. 201D0409.......... Derogation ANN5PROT1ANN2 till
31/03/2006
Relation...... 201D0533..........
Derogated in.. 201D0902.......... Derogation ANN 5 PROT 1 ANN 2 from
01/10/2001
Derogated in.. 202D0891.......... Derogation PROT 1 ANN 2 from
01/10/2002
Amended by.... 203D0404.......... Amendment ANN 6 from DATEFF
Adopted by.... 303D0159..........
Amended by.... 204D0647.......... Replacement ANN 2 ART 9.1 from
30/06/2004
Subsequent related instruments:
Relation...... 202D0911..........
Relation...... 502AP0013.........
Relation...... 203X0401(01)......
Annex to Decision No 1/2000 of the ACP-EC Council of Ministers of 27
July 2000 on transitional measures valid from 2 august 2000 until
the entry into force of the ACP-EC Partnership Agreement(1)
(1) OJ L 195, 1.8.2000, p. 46.
Partnership agreement
between the members of the African, Caribbean and Pacific Group of
States of the one part, and the European Community and its Member
States, of the other part, signed in Cotonou on 23 June 2000
TABLE OF CONTENTS
>TABLE POSITION>
PREAMBLE
HAVING REGARD TO the Treaty establishing the European Community, on
the one hand, and the Georgetown Agreement establishing the Group of
African, Caribbean and Pacific States (ACP), on the other;
AFFIRMING their commitment to work together towards the achievement
of the objectives of poverty eradication, sustainable development
and the gradual integration of the ACP countries into the world
economy;
ASSERTING their resolve to make, through their cooperation, a
significant contribution to the economic, social and cultural
development of the ACP States and to the greater well-being of their
population, helping them facing the challenges of globalisation and
strengthening the ACP-EU Partnership in the effort to give the
process of globalisation a stronger social dimension;
REAFFIRMING their willingness to revitalise their special
relationship and to implement a comprehensive and integrated
approach for a strengthened partnership based on political dialogue,
development cooperation and economic and trade relations;
ACKNOWLEDGING that a political environment guaranteeing peace,
security and stability, respect for human rights, democratic
principles and the rule of law, and good governance is part and
parcel of long term development; acknowledging that responsibility for establishing such an environment rests primarily with the
countries concerned;
ACKNOWLEDGING that sound and sustainable economic policies are
prerequisites for development;
REFERRING to the principles of the Charter of the United Nations,
and recalling the Universal Declaration of Human Rights, the
conclusions of the 1993 Vienna Conference on Human Rights, the
Covenants on Civil and Political Rights and on Economic, Social and
Cultural Rights, the Convention on the Rights of the Child, the
Convention on the Elimination of all forms of Discrimination against
Women, the International Convention on the Elimination of all forms
of Racial Discrimination, the 1949 Geneva Conventions and the other
instruments of international humanitarian law, the 1954 Convention
relating to the status of stateless persons, the 1951 Geneva
Convention relating to the Status of Refugees and the 1967 New York
Protocol relating to the Status of Refugees;
CONSIDERING the Convention for the Protection of Human Rights and
Fundamental Freedoms of the Council of Europe, the African Charter
on Human and Peoples' Rights and the American Convention on Human
Rights as positive regional contributions to the respect of human
rights in the European Union and in the ACP States;
RECALLING the Libreville and Santo Domingo declarations of the Heads
of State and Government of the ACP countries at their Summits in
1997 and 1999;
CONSIDERING that the development targets and principles agreed in
United Nations Conferences and the target, set by the OECD
Development Assistance Committee, to reduce by one half the
proportion of people living in extreme poverty by the year 2015
provide a clear vision and must underpin ACP-EU cooperation within
this Agreement;
PAYING particular attention to the pledges made at the Rio, Vienna,
Cairo, Copenhagen, Beijing, Istanbul and Rome UN conferences and
acknowledging the need for further action to be taken in order to
achieve the goals and implement the action programmes which have
been drawn up in those fora;
ANXIOUS to respect basic labour rights, taking account of the
principles laid down in the relevant conventions of the
International Labour Organisation;
RECALLING the commitments within the framework of the World Trade
Organisation,
HAVE DECIDED TO CONCLUDE THIS AGREEMENT:
PART 1
GENERAL PROVISIONS
TITLE I
OBJECTIVES, PRINCIPLES AND ACTORS
CHAPTER 1
Objectives and principles
Article 1
Objectives of the partnership
The Community and its Member States, of the one part, and the ACP
States, of the other part, hereinafter referred to as the "Parties"
hereby conclude this Agreement in order to promote and expedite the
economic, cultural and social development of the ACP States, with a
view to contributing to peace and security and to promoting a stable
and democratic political environment.
The partnership shall be centred on the objective of reducing and
eventually eradicating poverty consistent with the objectives of
sustainable development and the gradual integration of the ACP
countries into the world economy.
These objectives and the Parties' international commitments shall
inform all development strategies and shall be tackled through an
integrated approach taking account at the same time of the
political, economic, social, cultural and environmental aspects of
development. The partnership shall provide a coherent support
framework for the development strategies adopted by each ACP State.
Sustained economic growth, developing the private sector, increasing
employment and improving access to productive resources shall all be
part of this framework. Support shall be given to the respect of the
rights of the individual and meeting basic needs, the promotion of
social development and the conditions for an equitable distribution
of the fruits of growth. Regional and sub-regional integration
processes which foster the integration of the ACP countries into the
world economy in terms of trade and private investment shall be
encouraged and supported. Building the capacity of the actors in
development and improving the institutional framework necessary for
social cohesion, for the functioning of a democratic society and
market economy, and for the emergence of an active and organised
civil society shall be integral to the approach. Systematic account
shall be taken of the situation of women and gender issues in all
areas - political, economic and social. The principles of
sustainable management of natural resources and the environment
shall be applied and integrated at every level of the partnership.
Article 2
Fundamental principles
ACP-EC cooperation, underpinned by a legally binding system and the
existence of joint institutions, shall be exercised on the basis of
the following fundamental principles:
- equality of the partners and ownership of the development
strategies: for the purposes of implementing the objectives of the
partnership, the ACP States shall determine the development
strategies for their economies and societies in all sovereignty and
with due regard for the essential elements described in Article 9;
the partnership shall encourage ownership of the development
strategies by the countries and populations concerned;
- participation: apart from central government as the main partner,
the partnership shall be open to different kinds of other actors in
order to encourage the integration of all sections of society,
including the private sector and civil society organisations, into
the mainstream of political, economic and social life;
- the pivotal role of dialogue and the fulfilment of mutual
obligations: the obligations assumed by the Parties in the framework
of their dialogue shall be central to their partnership and
cooperation relations;
- differentiation and regionalisation: cooperation arrangements and
priorities shall vary according to a partner's level of development,
its needs, its performance and its long-term development strategy.
Particular emphasis shall be placed on the regional dimension.
Special treatment shall be given to the least-developed countries.
The vulnerability of landlocked and island countries shall be taken
into account.
Article 3
Achievement of this Agreement's objectives
The Parties shall, each as far as it is concerned in the framework
of this Agreement, take all appropriate measures, whether general or
particular, to ensure the fulfilment of the obligations arising from
this Agreement and to facilitate the attainment of the objectives
thereof. They shall refrain from any measures liable to jeopardise
these objectives.
CHAPTER 2
The actors of the partnership
Article 4
General approach
The ACP States shall determine the development principles,
strategies and models of their economies and societies in all
sovereignty. They shall establish, with the Community, the
cooperation programmes provided for under this Agreement. However,
the parties recognise the complementary role of and potential for
contributions by non-State actors to the development process. To
this end, under the conditions laid down in this Agreement,
non-State actors shall, where appropriate:
- be informed and involved in consultation on cooperation policies
and strategies, on priorities for cooperation especially in areas
that concern or directly affect them, and on the political dialogue;
- be provided with financial resources, under the conditions laid
down in this Agreement in order to support local development
processes;
- be involved in the implementation of cooperation project and
programmes in areas that concern them or where these actors have a
comparative advantage;
- be provided with capacity-building support in critical areas in
order to reinforce the capabilities of these actors, particularly as
regards organisation and representation, and the establishment of
consultation mechanisms including channels of communication and
dialogue, and to promote strategic alliances.
Article 5
Information
Cooperation will support operation to provide more information and
create greater awareness of the basic features of ACP-EU
Partnership. Cooperation will also:
- encourage partnership and build links between ACP and EU actors;
- strengthen networking and exchange of expertise and experience
among the actors.
Article 6
Definitions
1. The actors of cooperation will include:
(a) State (local, national and regional);
(b) Non-State:
- Private sector;
- Economic and social partners, including trade union organisations;
- Civil Society in all its forms according to national
characteristics.
2. Recognition by the parties of non-governmental actors shall
depend on the extent to which they address the needs of the
population, on their specific competencies and whether they are
organised and managed democratically and transparently.
Article 7
Capacity building
The contribution of civil society to development can be enhanced by
strengthening community organisations and non-profit
non-governmental organisations in all spheres of cooperation. This
will require:
- encouraging and supporting the creation and development of such
organisations;
- establishing arrangements for involving such organisations in the
design, implementation and evaluation of development strategies and
programmes.
TITLE II
THE POLITICAL DIMENSION
Article 8
Political dialogue
1. The Parties shall regularly engage in a comprehensive, balanced
and deep political dialogue leading to commitments on both sides.
2. The objective of this dialogue shall be to exchange information,
to foster mutual understanding, and to facilitate the establishment
of agreed priorities and shared agendas, in particular by
recognising existing links between the different aspects of the
relations between the Parties and the various areas of cooperation
as laid down in this Agreement. The dialogue shall facilitate
consultations between the Parties within international fora. The
objectives of the dialogue shall also include preventing situations
arising in which one Party might deem it necessary to have recourse
to the non-execution clause.
3. The dialogue shall cover all the aims and objectives laid down in
this Agreement as well as all questions of common, general, regional
or sub-regional interest. Through dialogue, the Parties shall
contribute to peace, security and stability and promote a stable and
democratic political environment. It shall encompass cooperation
strategies as well as global and sectoral policies, including
environment, gender, migration and questions related to the cultural
heritage.
4. The dialogue shall focus, inter alia, on specific political
issues of mutual concern or of general significance for the
attainment of the objectives of this Agreement, such as the arms
trade, excessive military expenditure, drugs and organised crime, or
ethnic, religious or racial discrimination. The dialogue shall also
encompass a regular assessment of the developments concerning the
respect for human rights, democratic principles, the rule of law and
good governance.
5. Broadly based policies to promote peace and to prevent, manage
and resolve violent conflicts shall play a prominent role in this
dialogue, as shall the need to take full account of the objective of
peace and democratic stability in the definition of priority areas
of cooperation.
6. The dialogue shall be conducted in a flexible manner. Dialogue
shall be formal or informal according to the need, and conducted
within and outside the institutional framework, in the appropriate
format, and at the appropriate level including regional,
sub-regional or national level.
7. Regional and sub-regional organisations as well as
representatives of civil society organisations shall be associated
with this dialogue.
Article 9
Essential Elements and Fundamental Element
1. Cooperation shall be directed towards sustainable development
centred on the human person, who is the main protagonist and
beneficiary of development; this entails respect for and promotion
of all human rights.
Respect for all human rights and fundamental freedoms, including
respect for fundamental social rights, democracy based on the rule
of law and transparent and accountable governance are an integral
part of sustainable development.
2. The Parties refer to their international obligations and
commitments concerning respect for human rights. They reiterate
their deep attachment to human dignity and human rights, which are
legitimate aspirations of individuals and peoples. Human rights are
universal, indivisible and inter-related. The Parties undertake to
promote and protect all fundamental freedoms and human rights, be
they civil and political, or economic, social and cultural. In this
context, the Parties reaffirm the equality of men and women.
The Parties reaffirm that democratisation, development and the
protection of fundamental freedoms and human rights are interrelated
and mutually reinforcing. Democratic principles are universally
recognised principles underpinning the organisation of the State to
ensure the legitimacy of its authority, the legality of its actions
reflected in its constitutional, legislative and regulatory system,
and the existence of participatory mechanisms. On the basis of
universally recognised principles, each country develops its
democratic culture.
The structure of government and the prerogatives of the different
powers shall be founded on rule of law, which shall entail in
particular effective and accessible means of legal redress, an
independent legal system guaranteeing equality before the law and an
executive that is fully subject to the law.
Respect for human rights, democratic principles and the rule of law,
which underpin the ACP-EU Partnership, shall underpin the domestic
and international policies of the Parties and constitute the
essential elements of this Agreement.
3. In the context of a political and institutional environment that
upholds human rights, democratic principles and the rule of law,
good governance is the transparent and accountable management of
human, natural, economic and financial resources for the purposes of
equitable and sustainable development. It entails clear
decision-making procedures at the level of public authorities,
transparent and accountable institutions, the primacy of law in the
management and distribution of resources and capacity building for
elaborating and implementing measures aiming in particular at
preventing and combating corruption.
Good governance, which underpins the ACP-EU Partnership, shall
underpin the domestic and international policies of the Parties and
constitute a fundamental element of this Agreement. The Parties
agree that only serious cases of corruption, including acts of
bribery leading to such corruption, as defined in Article 97
constitute a violation of that element.
4. The Partnership shall actively support the promotion of human
rights, processes of democratisation, consolidation of the rule of
law, and good governance.
These areas will be an important subject for the political dialogue.
In the context of this dialogue, the Parties shall attach particular
importance to the changes underway and to the continuity of the
progress achieved. This regular assessment shall take into account
each country's economic, social, cultural and historical context.
These areas will also be a focus of support for development
strategies. The Community shall provide support for political,
institutional and legal reforms and for building the capacity of
public and private actors and civil society in the framework of
strategies agreed jointly between the State concerned and the
Community.
Article 10
Other elements of the political environment
1. The Parties consider the following elements as contributing to
the maintenance and consolidation of a stable and democratic
political environment:
- sustainable and equitable development involving, inter alia,
access to productive resources, essential services and justice;
- greater involvement of an active and organised civil society and
the private sector.
2. The Parties recognise that the principles of the market economy,
supported by transparent competition rules and sound economic and
social policies, contribute to achieving the objectives of the
partnership.
Article 11
Peace-building policies, conflict prevention and resolution
1. The Parties shall pursue an active, comprehensive and integrated
policy of peace-building and conflict prevention and resolution
within the framework of the Partnership. This policy shall be based
on the principle of ownership. It shall in particular focus on
building regional, sub-regional and national capacities, and on
preventing violent conflicts at an early stage by addressing their
root-causes in a targeted manner, and with an adequate combination
of all available instruments.
2. The activities in the field of peace-building, conflict
prevention and resolution shall in particular include support for
balancing political, economic, social and cultural opportunities
among all segments of society, for strengthening the democratic
legitimacy and effectiveness of governance, for establishing
effective mechanisms for the peaceful conciliation of group
interests, for bridging dividing lines among different segments of
society as well as support for an active and organised civil
society.
3. Relevant activities shall also include, inter alia, support for
mediation, negotiation and reconciliation efforts, for effective
regional management of shared, scarce natural resources, for
demobilisation and reintegration of former combatants into the
society, for addressing the problem of child soldiers, as well as
for suitable action to set responsible limits to military
expenditure and the arms trade, including through support for the
promotion and application of agreed standards and codes of conduct.
In this context, particular emphasis shall be given to the fight
against anti-personnel landmines as well as to addressing an
excessive and uncontrolled spread, illegal trafficking and
accumulation of small arms and light weapons.
4. In situations of violent conflict the Parties shall take all
suitable action to prevent an intensification of violence, to limit
its territorial spread, and to facilitate a peaceful settlement of
the existing disputes. Particular attention shall be paid to
ensuring that financial resources for cooperation are used in
accordance with the principles and objectives of the Partnership,
and to preventing a diversion of funds for belligerent purposes.
5. In post-conflict situations, the Parties shall take all suitable
action to facilitate the return to a non-violent, stable and
self-sustainable situation. The Parties shall ensure the creation of
the necessary links between emergency measures, rehabilitation and
development cooperation.
Article 12
Coherence of Community policies and their impact on the
implementation of this Agreement
Without prejudice to Article 96, where the Community intends, in the
exercise of its powers, to take a measure which might affect the
interests of the ACP States, as far as this Agreement's objectives
are concerned, it shall inform in good time the said States of its
intentions. Towards this end, the Commission shall communicate
simultaneously to the Secretariat of the ACP States its proposal for
such measures. Where necessary, a request for information may also
take place on the initiative of the ACP States.
At their request, consultations shall be held promptly so that
account may be taken of their concerns as to the impact of those
measures before any final decision is made.
After such consultations have taken place, the ACP States may, in
addition, transmit their concerns in writing to the Community as
soon as possible and submit suggestions for amendments indicating
the way their concerns should be met.
If the Community does not accede to the ACP States' submissions, it
shall advise them as soon as possible giving its reasons.
The ACP States shall also be provided with adequate information on
the entry into force of such decisions, in advance whenever
possible.
Article 13
Migration
1. The issue of migration shall be the subject of in-depth dialogue
in the framework of the ACP-EU Partnership.
The Parties reaffirm their existing obligations and commitments in
international law to ensure respect for human rights and to
eliminate all forms of discrimination based particularly on origin,
sex, race, language and religion.
2. The Parties agree to consider that a partnership implies, with
relation to migration, fair treatment of third country nationals who
reside legally on their territories, integration policy aiming at
granting them rights and obligations comparable to those of their
citizens, enhancing non-discrimination in economic, social and
cultural life and developing measures against racism and xenophobia.
3. The treatment accorded by each Member State to workers of ACP
countries legally employed in its territory, shall be free from any
discrimination based on nationality, as regards working conditions,
remuneration and dismissal, relative to its own nationals. Further
in this regard, each ACP State shall accord comparable
non-discriminatory treatment to workers who are nationals of a
Member State.
4. The Parties consider that strategies aiming at reducing poverty,
improving living and working conditions, creating employment and
developing training contribute in the long term to normalising
migratory flows.
The Parties will take account, in the framework of development
strategies and national and regional programming, of structural
constraints associated with migratory flows with the purpose of
supporting the economic and social development of the regions from
which migrants originate and of reducing poverty.
The Community shall support, through national and regional
Cooperation programmes, the training of ACP nationals in their
country of origin, in another ACP country or in a Member State of
the European Union. As regards training in a Member State, the
Parties shall ensure that such action is geared towards the
vocational integration of ACP nationals in their countries of
origin.
The Parties shall develop cooperation programmes to facilitate the
access of students from ACP States to education, in particular
through the use of new communication technologies.
5. (a) In the framework of the political dialogue the Council of
Ministers shall examine issues arising from illegal immigration with
a view to establishing, where appropriate, the means for a
prevention policy.
(b) In this context the Parties agree in particular to ensure that
the rights and dignity of individuals are respected in any procedure
initiated to return illegal immigrants to their countries of origin.
In this connection the authorities concerned shall extend to them
the administrative facilities necessary for their return.
(c) The Parties further agree that:
i) - each Member State of the European Union shall accept the return
of and readmission of any of its nationals who are illegally present
on the territory of an ACP State, at that State's request and
without further formalities;
- each of the ACP States shall accept the return of and readmission
of any of its nationals who are illegally present on the territory
of a Member State of the European Union, at that Member State's
request and without further formalities.
The Member States and the ACP States will provide their nationals
with appropriate identity documents for such purposes.
In respect of the Member States of the European Union, the
obligations in this paragraph apply only in respect of those persons
who are to be considered their nationals for the Community purposes
in accordance with Declaration No 2 to the Treaty establishing the
European Community. In respect of ACP States, the obligations in
this paragraph apply only in respect of those persons who are
considered as their nationals in accordance with their respective
legal system.
(ii) at the request of a Party, negotiations shall be initiated with
ACP States aiming at concluding in good faith and with due regard
for the relevant rules of international law, bilateral agreements
governing specific obligations for the readmission and return of
their nationals. These agreements shall also cover, if deemed
necessary by any of the Parties, arrangements for the readmission of
third country nationals and stateless persons. Such agreements will
lay down the details about the categories of persons covered by
these arrangements as well as the modalities of their readmission
and return.
Adequate assistance to implement these agreements will be provided
to the ACP States.
(iii) for the purposes of this point (c), the term "Parties" shall
refer to the Community, any of its Member States and any ACP State.
PART 2
INSTITUTIONAL PROVISIONS
Article 14
The joint institutions
The institutions of this Agreement are the Council of Ministers, the
Committee of Ambassadors and the Joint Parliamentary Assembly.
Article 15
The Council of Ministers
1. The Council of Ministers shall comprise, on the one hand, the
members of the Council of the European Union and members of the
Commission of the European Communities and, on the other, a member
of the government of each ACP State.
The office of the President of the Council of Ministers shall be
held alternately by a member of the Council of the European Union
and a member of the government of an ACP State.
The Council shall meet as a rule once a year on the initiative of
the President and whenever it seems necessary, in a form and a
geographical composition appropriate to the issues to be addressed.
2. The functions of the Council of Ministers shall be to:
(a) conduct the political dialogue;
(b) adopt the policy guidelines and take the decisions necessary for
the implementation of the provisions of this Agreement, in
particular as regards development strategies in the specific areas
provided for by this Agreement or any other area that should prove
relevant, and as regards procedures;
(c) examine and resolve any issue liable to impede the effective and
efficient implementation of this Agreement or present an obstacle to
achieving its objectives;
(d) ensure the smooth functioning of the consultation mechanisms.
3. The Council of Ministers shall take its decisions by common
agreement of the Parties. The proceedings of the Council of
Ministers shall be valid only if half the members of the Council of
the European Union, one member of the Commission and two-thirds of
the members representing the governments of the ACP States are
present. Any member of the Council of Ministers unable to attend may
be represented. The representative shall exercise all the rights of
that member.
It may take decisions that are binding on the Parties and frame
resolutions, recommendations and opinions. It shall examine and take
into consideration resolutions and recommendations adopted by the
Joint Parliamentary Assembly.
The Council of Ministers shall conduct an ongoing dialogue with the
representatives of the social and economic partners and other actors
of civil society in the ACP and the EU. To that end, consultations
may be held alongside its meetings.
5. The Council of Ministers shall adopt its rules of procedure
within six months of the entry into force of this Agreement.
Article 16
The Committee of Ambassadors
1. The Committee of Ambassadors shall comprise, on the one hand, the
permanent representative of each Member State to the European Union
and a representative of the Commission and, on the other, the head
of mission of each ACP State to the European Union.
The office of Chairman of the Committee of Ambassadors shall be held
alternately by a Permanent Representative of a Member State
designated by the Community, and a head of mission representing an
ACP State, designated by the ACP States.
2. The Committee shall assist the Council of Ministers in the
fulfilment of its tasks and carry out any mandate entrusted to it by
the Council. In this context, it shall monitor implementation of
this Agreement and progress towards achieving the objectives set
therein.
The Committee of Ambassadors shall meet regularly, in particular to
prepare the Council sessions and whenever it proves necessary.
3. The Committee shall adopt its rules of procedure within six
months of the entry into force of this Agreement.
Article 17
The Joint Parliamentary Assembly
1. The Joint Parliamentary Assembly shall be composed of equal
numbers of EU and ACP representatives. The members of the Joint
Parliamentary Assembly shall be, on the one hand, members of the
European Parliament and, on the other, members of parliament or,
failing this, representatives designated by the parliament of each
ACP State. In the absence of a parliament, the attendance of a
representative from the ACP State concerned shall be subject to the
prior approval of the Joint Parliamentary Assembly.
2. The role of the Joint Parliamentary Assembly, as a consultative
body, shall be to:
- promote democratic processes through dialogue and consultation;
- facilitate greater understanding between the peoples of the
European Union and those of the ACP States and raise public
awareness of development issues;
- discuss issues pertaining to development and the ACP-EU
Partnership;
- adopt resolutions and make recommendations to the Council of
Ministers with a view to achieving the objectives of this Agreement.
3. The Joint Parliamentary Assembly shall meet twice a year in
plenary session, alternately in the European Union and in an ACP
State. With a view to strengthening regional integration and
fostering cooperation between national parliaments, meetings between
EU and ACP members of parliament may be arranged at regional or
subregional level.
The Joint Parliamentary Assembly shall organise regular contacts
with representatives of the ACP-EU economic and social partners and
the other actors of civil society in order to obtain their views on
the attainment of the objectives of this Agreement.
4. The Joint Parliamentary Assembly shall adopt its rules of
procedure within six months of the entry into force of this
Agreement.
PART 3
COOPERATION STRATEGIES
Article 18
The cooperation strategies shall be based on development strategies
and economic and trade cooperation which are interlinked and
complementary. The Parties shall ensure that the efforts undertaken
in both aforementioned areas are mutually reinforcing.
TITLE I
DEVELOPMENT STRATEGIES
CHAPTER 1
General framework
Article 19
Principles and objectives
1. The central objective of ACP-EC cooperation is poverty reduction
and ultimately its eradication; sustainable development; and
progressive integration of the ACP countries into the world economy.
In this context, cooperation framework and orientations shall be
tailored to the individual circumstances of each ACP country, shall
promote local ownership of economic and social reforms and the
integration of the private sector and civil society actors into the
development process.
2. Cooperation shall refer to the conclusions of United Nations
Conferences and to the objectives, targets and action programmes
agreed at international level and to their follow up as a basis for
development principles. Cooperation shall also refer to the
international development cooperation targets and shall pay
particular attention to putting in place qualitative and
quantitative indicators of progress.
3. Governments and non-State actors in each ACP country shall
initiate consultations on country development strategies and
community support thereto.
Article 20
The Approach
1. The objectives of ACP-EC development cooperation shall be pursued
through integrated strategies that incorporate economic, social,
cultural, environmental and institutional elements that must be
locally owned. Cooperation shall thus provide a coherent enabling
framework of support to the ACP's own development strategies,
ensuring complementarity and interaction between the various
elements. In this context and within the framework of development
policies and reforms pursued by the ACP States, ACP-EC cooperation
strategies shall aim at:
(a) achieving rapid and sustained job-creating economic growth,
developing the private sector, increasing employment, improving
access to productive economic activities and resource, and fostering
regional cooperation and integration;
(b) promoting human and social development helping to ensure that
the fruits of growth are widely and equitably shared and promoting
gender equality;
(c) promoting cultural values of communities and specific
interactions with economic, political and social elements;
(d) promoting institutional reforms and development, strengthening
the institutions necessary for the consolidation of democracy, good
governance and for efficient and competitive market economies; and
building capacity for development and partnership; and
(e) promoting environmental sustainability, regeneration and best
practices, and the preservation of natural resource base.
2. Systematic account shall be taken in mainstreaming into all areas
of cooperation the following thematic or cross-cutting themes:
gender issues, environmental issues and institutional development
and capacity building. These areas shall also be eligible for
Community support.
3. The detailed texts as regards development cooperation objectives
and strategies, in particular sectoral policies and strategies shall
be incorporated in a compendium providing operational guidelines in
specific areas or sectors of cooperation. These texts may be
revised, reviewed and/or amended by the Council of Ministers on the
basis of a recommendation from the ACP-EC Development Finance
Cooperation Committee.
CHAPTER 2
Areas of support
SECTION 1
Economic development
Article 21
Investment and private sector development
1. Cooperation shall support the necessary economic and
institutional reforms and policies at national and/or regional
level, aiming at creating a favourable environment for private
investment, and the development of a dynamic, viable and competitive
private sector. Cooperation shall further support:
(a) the promotion of public-private sector dialogue and cooperation;
(b) the development of entrepreneurial skills and business culture;
(c) privatisation and enterprise reform; and
(d) development and modernisation of mediation and arbitration
systems.
2. Cooperation shall also support improving the quality,
availability and accessibility of financial and non-financial
services to private enterprises, both formal and informal; by:
(a) catalysing and leveraging flows of private savings, both
domestic and foreign, into the financing of private enterprises by
supporting policies for developing a modern financial sector
including a capital market, financial institutions and sustainable
microfinance operations;
(b) the development and strengthening of business institutions and
intermediary organisations, associations, chambers of commerce and
local providers from the private sector supporting and providing
non-financial services to enterprises such as professional,
technical, management, training and commercial support services; and
(c) supporting institutions, programmes, activities and initiatives
that contribute to the development and transfer of technologies and
know-how and best practices on all aspects of business management.
3. Cooperation shall promote business development through the
provision of finance, guarantee facilities and technical support
aimed at encouraging and supporting the creation, establishment,
expansion, diversification, rehabilitation, restructuring,
modernisation or privatisation of dynamic, viable and competitive
enterprises in all economic sectors as well as financial
intermediaries such as development finance and venture capital
institutions, and leasing companies by:
(a) creating and/or strengthening financial instruments in the form
of investment capital;
(b) improving access to essential inputs such as business
information and advisory, consultancy or technical assistance
services;
(c) enhancement of export activities, in particular through capacity
building in all trade-related areas; and
(d) encouraging inter-firm linkages, networks and cooperation
including those involving the transfer of technology and know-how at
national, regional and ACP-EU levels, and partnerships with private
foreign investors which are consistent with the objectives and
guidelines of ACP-EC Development cooperation.
4. Cooperation shall support microenterprise development through
better access to financial and non-financial services; an
appropriate policy and regulatory framework for their development;
and provide training and information services on best practices in
microfinance.
5. Support for investment and private sector development shall
integrate actions and initiatives at macro, meso and micro economic
levels.
Article 22
Macroeconomic and structural reforms and policies
1. Cooperation shall support ACP efforts to implement:
(a) macroeconomic growth and stabilisation through disciplined
fiscal and monetary policies that result in the reduction of
inflation, and improve external and fiscal balances, by
strengthening fiscal discipline, enhancing budgetary transparency
and efficiency, improving the quality, the equity and composition of
fiscal policy; and
(b) structural policies designed to reinforce the role of the
different actors, especially the private sector and improve the
environment for increases in business, investment and employment, as
well as:
(i) liberalise trade and foreign exchange regimes and current
account convertibility, having regard to the particular
circumstances of each country;
(ii) strengthen labour and product-market reforms;
(iii) encourage financial systems reforms which help to develop
viable banking and non-banking systems, capital markets and
financial services, including micro-finance;
(iv) improve the quality of private and public services; and
(v) encourage regional cooperation and progressive integration of
macroeconomic and monetary policies.
2. The design of macroeconomic policies and structural adjustment
programmes shall reflect the socio-political background and
institutional capacity of the countries concerned, ensure a positive
impact on poverty reduction and social services access and shall be
based on the following principles:
(a) the ACP States shall bear primary responsibility for the
analysis of the problems to be solved, the design and the
implementation of the reforms;
(b) support programmes shall be adapted to the different situation
in each ACP State and be sensitive to the social conditions, culture
and environment of these States;
(c) the right of the ACP States to determine the direction and the
sequencing of their development strategies and priorities shall be
recognised and respected;
(d) the pace of reforms shall be realistic and compatible with each
ACP State's capacities and resources; and
(e) strengthening the communication and the information of
populations on economic and social reforms and policies.
Article 23
Economic sector development
Cooperation shall support sustainable policy and institutional
reforms and the investments necessary for equitable access to
economic activities and productive resources, particularly:
(a) the development of training systems that help increase
productivity in both the formal and the informal sectors;
(b) capital, credit, land, especially as regards property rights and
use;
(c) development of rural strategies aimed at establishing a
framework for participatory decentralised planning, resource
allocation and management;
(d) agricultural production strategies, national and regional food
security policies, sustainable development of water resources and
fisheries as well as marine resources within the economic exclusive
zones of the ACP States. Any fishery agreement that may be
negotiated between the Community and the ACP States shall pay due
consideration to consistency with the development strategies in this
area;
(e) economic and technological infrastructure and services,
including transport, telecommunication systems, communication
services and the development of information society;
(f) development of competitive industrial, mining and energy
sectors, while encouraging private sector involvement and
development;
(g) trade development, including the promotion of fair trade;
(h) development of business, finance and banking; and other service
sectors;
(i) tourism development; and
(j) development of scientific, technological and research
infrastructure and services; including the enhancement, transfer and
absorption of new technologies;
(k) the strengthening of capacities in productive areas, especially
in public and private sectors.
Article 24
Tourism
Cooperation will aim at the sustainable development of the tourism
industry in ACP countries and sub-regions, recognising its
increasing importance to the growth of the services sector in ACP
countries and to the expansion of their global trade, its ability to
stimulate other sectors of economic activity, and the role it can
play in poverty eradication.
Cooperation programmes and projects will support the efforts of ACP
countries to establish and improve the countries legal and
institutional framework and resources for the development and
implementation of sustainable tourism policies and programmes, as
well as inter alia, improving the competitive position of the
sector, especially small and medium-sized enterprises (SMEs),
investment support and promotion, product development including the
development of indigenous cultures in ACP countries, and
strengthening linkages between tourism and other sectors of economic
activity.
SECTION 2
Social and human development
Article 25
Social sector development
1. Cooperation shall support ACP States' efforts at developing
general and sectoral policies and reforms which improve the
coverage, quality of and access to basic social infrastructure and
services and take account of local needs and specific demands of the
most vulnerable and disadvantaged, thus reducing the inequalities of
access to these services. Special attention shall be paid to
ensuring adequate levels of public spending in the social sectors.
In this context, cooperation shall aim at:
(a) improving education and training, and building technical
capacity and skills;
(b) improving health systems and nutrition, eliminating hunger and
malnutrition, ensuring adequate food supply and security;
(c) integrating population issues into development strategies in
order to improve reproductive health, primary health care, family
planning; and prevention of female genital mutilation;
(d) promoting the fight against HIV/AIDS;
(e) increasing the security of household water and improving access
to safe water and adequate sanitation;
(f) improving the availability of affordable and adequate shelter
for all through supporting low-cost and low-income housing programs
and improving urban development; and
(g) encouraging the promotion of participatory methods of social
dialogue as well as respect for basic social rights.
2. Cooperation shall also support capacity-building in social areas
such as programmes for training in the design of social policies and
modern methods for managing social projects and programmes; policies
conducive to technological innovation and research; building local
expertise and promoting partnerships; and round-table discussions at
national and/or regional level.
3. Cooperation shall promote and support the development and
implementation of policies and of systems of social protection and
security in order to enhance social cohesion and to promote
self-help and community solidarity. The focus of the support shall,
inter-alia, be on developing initiatives based on economic
solidarity, particularly by setting-up social development funds
adapted to local needs and actors.
Article 26
Youth issues
Cooperation shall also support the establishment of a coherent and
comprehensive policy for realising the potential of youth so that
they are better integrated into society to achieve their full
potential. In this context, cooperation shall support policies,
measures and operations aimed at:
(a) protecting the rights of children and youth, especially those of
girl children;
(b) promoting the skills, energy, innovation and potential of youth
in order to enhance their economic, social and cultural
opportunities and enlarge their employment opportunities in the
productive sector;
(c) helping community-based institutions to give children the
opportunity to develop their physical, psychological, social and
economic potential; and
(d) reintegrating into society children in post-conflict situations
through rehabilitation programmes.
Article 27
Cultural development
Cooperation in the area of culture shall aim at:
(a) integrating the cultural dimension at all levels of development
cooperation;
(b) recognising, preserving and promoting cultural values and
identities to enable inter-cultural dialogue;
(c) recognising, preserving and promoting the value of cultural
heritage; supporting the development of capacity in this sector; and
(d) developing cultural industries and enhancing market access
opportunities for cultural goods and services.
SECTION 3
Regional cooperation and integration
Article 28
General approach
Cooperation shall provide effective assistance to achieve the
objectives and priorities which the ACP States have set themselves
in the context of regional and sub-regional cooperation and
integration, including inter-regional and intra-ACP cooperation.
Regional Cooperation can also involve Overseas Countries and
Territories (OCTs) and outermost regions. In this context,
cooperation support shall aim to:
(a) foster the gradual integration of the ACP States into the world
economy;
(b) accelerate economic cooperation and development both within and
between the regions of the ACP States;
(c) promote the free movement of persons, goods, services, capital,
labour and technology among ACP countries;
(d) accelerate diversification of the economies of the ACP States;
and coordination and harmonisation of regional and sub-regional
cooperation policies; and
(e) promote and expand inter and intra-ACP trade and with third
countries.
Article 29
Regional economic integration
Cooperation shall, in the area of regional economic integration,
support:
(a) developing and strengthening the capacities of:
(i) regional integration institutions and organisations set up by
the ACP States to promote regional cooperation and integration, and
(ii) national governments and parliaments in matters of regional
integration;
(b) fostering participation of Least Developed Countries (LDC) ACP
States in the establishment of regional markets and sharing the
benefits therefrom;
(c) implementation of sectoral reform policies at regional level;
(d) liberalisation of trade and payments;
(e) promoting cross-border investments both foreign and domestic,
and other regional or sub-regional economic integration initiatives;
and
(f) taking account of the effects of net transitional costs of
regional integration on budget revenue and balance of payments.
Article 30
Regional Cooperation
1. Cooperation shall, in the area of regional cooperation, support a
wide variety of functional and thematic fields which specifically
address common problems and take advantage of scale of economies,
including:
(a) infrastructure particularly transport and communications and
safety thereof and services, including the development of regional
opportunities in the area of Information and Communication
Technologies (ICT);
(b) the environment; water resource management and energy;
(c) health, education and training;
(d) research and technological development;
(e) regional initiatives for disaster preparedness and mitigation;
and
(f) other areas, including arms control, action against drugs,
organised crimes, money laundering, bribery and corruption.
3. Cooperation shall help promote and develop a regional political
dialogue in areas of conflict prevention and resolution; human
rights and democratisation; exchange, networking, and promotion of
mobility between the different actors of development, in particular
in civil society.
SECTION 4
Thematic and cross-cutting issues
Article 31
Gender issues
Cooperation shall help strengthen policies and programmes that
improve, ensure and broaden the equal participation of men and women
in all spheres of political, economic, social and cultural life.
Cooperation shall help improve the access of women to all resources
required for the full exercise of their fundamental rights. More
specifically, cooperation shall create the appropriate framework to:
(a) integrate a gender-sensitive approach and concerns at every
level of development cooperation including macroeconomic policies,
strategies and operations; and
(b) encourage the adoption of specific positive measures in favour
of women such as:
(i) participation in national and local politics;
(ii) support for women's organisations;
(iii) access to basic social services, especially to education and
training, health care and family planning;
(iv) access to productive resources, especially to land and credit
and to labour market; and
(v) taking specific account of women in emergency aid and
rehabilitation operations.
Article 32
Environment and natural resources
1. Cooperation on environmental protection and sustainable
utilisation and management of natural resources shall aim at:
(a) mainstreaming environmental sustainability into all aspects of
development cooperation and support programmes and projects
implemented by the various actors;
(b) building and/or strengthening the scientific and technical human
and institutional capacity for environmental management for all
environmental stakeholders;
(c) supporting specific measures and schemes aimed at addressing
critical sustainable management issues and also relating to current
and future regional and international commitments concerning mineral
and natural resources such as:
(i) tropical forests, water resources, coastal, marine and fisheries
resources, wildlife, soils, biodiversity;
(ii) protection of fragile ecosystems (e.g. coral reef);
(iii) renewable energy sources notably solar energy and energy
efficiency;
(iv) sustainable rural and urban development;
(v) desertification, drought and deforestation;
(vi) developing innovative solutions to urban environmental
problems; and
(vii) promotion of sustainable tourism.
(d) Taking into account issues relating to the transport and
disposal of hazardous waste.
2. Cooperation shall also take account of:
(a) the vulnerability of small island ACP countries, especially to
the threat posed by climate change;
(b) the worsening drought and desertification problems especially of
least developed and land-locked countries; and
(c) institutional development and capacity building.
Article 33
Institutional development and capacity building
1. Cooperation shall pay systematic attention to institutional
aspects and in this context, shall support the efforts of the ACP
States to develop and strengthen structures, institutions and
procedures that help to:
(a) promote and sustain democracy, human dignity, social justice and
pluralism, with full respect for diversity within and among
societies;
(b) promote and sustain universal and full respect for and
observance and protection of all human rights and fundamental
freedoms;
(c) develop and strengthen the rule of law; and improve access to
justice, while guaranteeing the professionalism and independence of
the judicial systems; and
(d) ensure transparent and accountable governance and administration
in all public institutions.
2. The Parties shall work together in the fight against bribery and
corruption in all their societies.
3. Cooperation shall support ACP States' efforts to develop their
public institutions into a positive force for growth and development
and to achieve major improvements in the efficiency of government
services as they affect the lives of ordinary people. In this
context, cooperation shall assist the reform, rationalisation and
the modernisation of the public sector. Specifically, cooperation
support shall focus on:
(a) the reform and modernisation of the civil service;
(b) legal and judicial reforms and modernisation of justice systems;
(c) improvement and strengthening of public finance management;
(d) accelerating reforms of the banking and financial sector;
(e) improvement of the management of public assets and reform of
public procurement procedures; and
(f) political, administrative, economic and financial
decentralisation.
4. Cooperation shall also assist to restore and/or enhance critical
public sector capacity and to support institutions needed to
underpin a market economy, especially support for:
(a) developing legal and regulatory capabilities needed to cope with
the operation of a market economy, including competition policy and
consumer policy;
(b) improving capacity to analyse, plan, formulate and implement
policies, in particular in the economic, social, environmental,
research, science and technology and innovation fields;
(c) modernising, strengthening and reforming financial and monetary
institutions and improving procedures;
(d) building the capacity at the local and municipal levels which is
required to implement decentralisation policy and to increase the
participation of the population in the development process; and
(e) developing capacity in other critical areas such as:
(i) international negotiations; and
(ii) management and coordination of external aid.
5. Cooperation shall span all areas and sectors of cooperation to
foster the emergence of non-State actors and the development of
their capacities; and to strengthen structures for information,
dialogue and consultation between them and the national authorities,
including at regional level.
TITLE II
ECONOMIC AND TRADE COOPERATION
CHAPTER 1
Objectives and principles
Article 34
Objectives
1. Economic and trade cooperation shall aim at fostering the smooth
and gradual integration of the ACP States into the world economy,
with due regard for their political choices and development
priorities, thereby promoting their sustainable development and
contributing to poverty eradication in the ACP countries.
2. The ultimate objective of economic and trade cooperation is to
enable the ACP States to play a full part in international trade. In
this context, particular regard shall be had to the need for the ACP
States to participate actively in multilateral trade negotiations.
Given the current level of development of the ACP countries,
economic and trade cooperation shall be directed at enabling the ACP
States to manage the challenges of globalisation and to adapt
progressively to new conditions of international trade thereby
facilitating their transition to the liberalised global economy.
3. To this end economic and trade cooperation shall aim at enhancing
the production, supply and trading capacity of the ACP countries as
well as their capacity to attract investment. It shall further aim
at creating a new trading dynamic between the Parties, at
strengthening the ACP countries trade and investment policies and at
improving the ACP countries' capacity to handle all issues related
to trade.
4. Economic and trade cooperation shall be implemented in full
conformity with the provisions of the WTO, including special and
differential treatment, taking account of the Parties' mutual
interests and their respective levels of development.
Article 35
Principles
1. Economic and trade cooperation shall be based on a true,
strengthened and strategic partnership. It shall further be based on
a comprehensive approach which builds on the strengths and
achievements of the previous ACP-EC Conventions, using all means
available to achieve the objectives set out above by addressing
supply and demand side constraints. In this context, particular
regard shall be had to trade development measures as a means of
enhancing ACP States' competitiveness. Appropriate weight shall
therefore be given to trade development within the ACP States'
development strategies, which the Community shall support.
2. Economic and trade cooperation shall build on regional
integration initiatives of ACP States, bearing in mind that regional
integration is a key instrument for the integration of ACP countries
into the world economy.
3. Economic and trade cooperation shall take account of the
different needs and levels of development of the ACP countries and
regions. In this context, the Parties reaffirm their attachment to
ensuring special and differential treatment for all ACP countries
and to maintaining special treatment for ACP LDCs and to taking due
account of the vulnerability of small, landlocked and island
countries.
CHAPTER 2
New trading arrangements
Article 36
Modalities
1. In view of the objectives and principles set out above, the
Parties agree to conclude new World Trade Organisation (WTO)
compatible trading arrangements, removing progressively barriers to
trade between them and enhancing cooperation in all areas relevant
to trade.
2. The Parties agree that the new trading arrangements shall be
introduced gradually and recognise the need, therefore, for a
preparatory period.
3. In order to facilitate the transition to the new trading
arrangements, the non-reciprocal trade preferences applied under the
Fourth ACP-EC Convention shall be maintained during the preparatory
period for all ACP countries, under the conditions defined in Annex
V to this Agreement.
4. In this context, the Parties reaffirm the importance of the
commodity protocols, attached to Annex V of this Agreement. They
agree on the need to review them in the context of the new trading
arrangements, in particular as regards their compatibility with WTO
rules, with a view to safeguarding the benefits derived therefrom,
bearing in mind the special legal status of the Sugar Protocol.
Article 37
Procedures
1. Economic partnership agreements shall be negotiated during the
preparatory period which shall end by 31 December 2007 at the
latest. Formal negotiations of the new trading arrangements shall
start in September 2002 and the new trading arrangements shall enter
into force by 1 January 2008, unless earlier dates are agreed
between the Parties.
2. All the necessary measures shall be taken so as to ensure that
the negotiations are successfully concluded within the preparatory
period. To this end, the period up to the start of the formal
negotiations of the new trading arrangements shall be actively used
to make initial preparations for these negotiations.
3. The preparatory period shall also be used for capacity-building
in the public and private sectors of ACP countries, including
measures to enhance competitiveness, for strengthening of regional
organisations and for support to regional trade integration
initiatives, where appropriate with assistance to budgetary
adjustment and fiscal reform, as well as for infrastructure
upgrading and development, and for investment promotion.
4. The Parties will regularly review the progress of the
preparations and negotiations and, will in 2006 carry out a formal
and comprehensive review of the arrangements planned for all
countries to ensure that no further time is needed for preparations
or negotiations.
5. Negotiations of the economic partnership agreements will be
undertaken with ACP countries which consider themselves in a
position to do so, at the level they consider appropriate and in
accordance with the procedures agreed by the ACP Group, taking into
account regional integration process within the ACP.
6. In 2004, the Community will assess the situation of the non-LDC
which, after consultations with the Community decide that they are
not in a position to enter into economic partnership agreements and
will examine all alternative possibilities, in order to provide
these countries with a new framework for trade which is equivalent
to their existing situation and in conformity with WTO rules.
7. Negotiations of the economic partnership agreements shall aim
notably at establishing the timetable for the progressive removal of
barriers to trade between the Parties, in accordance with the
relevant WTO rules. On the Community side trade liberalisation shall
build on the acquis and shall aim at improving current market access
for the ACP countries through inter alia, a review of the rules of
origin. Negotiations shall take account of the level of development
and the socio-economic impact of trade measures on ACP countries,
and their capacity to adapt and adjust their economies to the
liberalisation process. Negotiations will therefore be as flexible
as possible in establishing the duration of a sufficient
transitional period, the final product coverage, taking into account
sensitive sectors, and the degree of asymmetry in terms of timetable
for tariff dismantlement, while remaining in conformity with WTO
rules then prevailing.
8. The Parties shall closely cooperate and collaborate in the WTO
with a view to defending the arrangements reached, in particular
with regard to the degree of flexibility available.
9. The Community will start by the year 2000, a process which by the
end of multilateral trade negotiations and at the latest 2005 will
allow duty free access for essentially all products from all LDC
building on the level of the existing trade provisions of the Fourth
ACP-EC Convention and which will simplify and review the rules of
origin, including cumulation provisions, that apply to their
exports.
Article 38
Joint Ministerial Trade Committee
2. The Ministerial Trade Committee shall pay special attention to
current multilateral trade negotiations and shall examine the impact
of the wider liberalisation initiatives on ACP-EC trade and the
development of ACP economies. It shall make any necessary
recommendations with a view to preserving the benefits of the ACP-EC
trading arrangements.
3. The Ministerial Trade Committee shall meet at least once a year.
Its rules of procedure shall be laid down by the Council of
Ministers. It shall be composed of representatives of the ACP States
and of the Community.
CHAPTER 3
Cooperation in the international fora
Article 39
General Provisions
1. The Parties underline the importance of their active
participation in the WTO as well as in other relevant international
organisations by becoming members of these organisations and closely
following their agenda and activities.
2. They agree to cooperate closely in identifying and furthering
their common interests in international economic and trade
cooperation in particular in the WTO, including participation in
setting and conducting the agenda in future multilateral trade
negotiations. In this context, particular attention shall be paid to
improve access to the Community and other markets for products and
services originating in the ACP countries.
3. They also agree on the importance of flexibility in WTO rules to
take account of the ACP's level of development as well of the
difficulties faced in meeting their obligations. They further agree
on the need for technical assistance to enable the ACP countries to
implement their commitments.
4. The Community agrees to assist the ACP States in their efforts,
in accordance with the provisions set out in this Agreement, to
become active members of these organisations, by developing the
necessary capacity to negotiate, participate effectively, monitor
and implement these agreements.
Article 40
Commodities
1. The Parties recognise the need to ensure a better operation of
international commodity markets and to increase market transparency.
2. They confirm their willingness to step up consultations between
them in the international fora and organisations dealing with
commodities.
3. To this end, exchange of views shall take place at the request of
either Party:
- regarding the operation of existing international agreements or
specialised intergovernmental working parties with the aim of
improving them and making them more effective, consistent with
market trends;
- when it is proposed to conclude or renew an international
agreement or set up a specialised intergovernmental working party.
The aim of such exchanges of views shall be to take account of the
respective interest of each party. They may take place, where
necessary, in the framework of the Ministerial Trade Committee.
CHAPTER 4
Trade in services
Article 41
General Provisions
1. The Parties underline the growing importance of services in
international trade and their major contribution to economic and
social development.
2. They reaffirm their respective commitments under the General
Agreement on Trade in Services (GATS), and underline the need for
special and differential treatment to ACP suppliers of services;
3. In the framework of the negotiations for progressive
liberalisation in trade and services, as provided for in Article XIX
of GATS, the Community undertakes to give sympathetic consideration
to the ACP States' priorities for improvement in the EC schedule,
with a view to meeting their specific interests.
4. The Parties further agree on the objective of extending under the
economic partnership agreements, and after they have acquired some
experience in applying the Most Favoured Nation (MFN) treatment
under GATS, their partnership to encompass the liberalisation of
services in accordance with the provisions of GATS and particularly
those relating to the participation of developing countries in
liberalisation agreements.
5. The Community shall support the ACP States' efforts to strengthen
their capacity in the supply of services. Particular attention shall
be paid to services related to labour, business, distribution,
finance, tourism, culture and construction and related engineering
services with a view to enhancing their competitiveness and thereby
increasing the value and the volume of their trade in goods and
services.
Article 42
Maritime Transport
1. The Parties acknowledge the importance of cost-effective and
efficient maritime transport services in a safe and clean marine
environment as the main mode of transportation facilitating
international trade and thereby constituting one of the forces
behind economic development and the development of trade.
2. They undertake to promote the liberalisation of maritime
transport and to this end apply effectively the principle of
unrestricted access to the international maritime transport market
on a non-discriminatory and commercial basis.
3. Each Party shall grant, inter alia, a treatment no less
favourable than that accorded to its own ships, for ships operated
by nationals or companies of the other Party, and for ships
registered in the territory of either party, with respect to access
to ports, the use of infrastructure and auxiliary maritime services
of those ports, as well as related fees and charges, customs
facilities and the assignment of berths and facilities for loading
and unloading.
4. The Community shall support the ACP States' efforts to develop
and promote cost-effective and efficient maritime transport services
in the ACP States with a view to increasing the participation of ACP
operators in international shipping services.
Article 43
Information and Communication Technologies, and Information Society
1. The Parties recognise the important role of information and
communication technologies, as well as the active participation in
the Information Society, as a pre-requisite for the successful
integration of the ACP countries into the world economy.
2. They therefore reconfirm their respective commitments under
existing multilateral agreements, in particular the protocol on
Basic Telecommunications attached to the GATS, and invite those ACP
countries, which are not yet members of these agreements, to accede
to them.
3. They furthermore agree to participate fully and actively in any
future international negotiation, which might be conducted in this
area.
4. The Parties will therefore take measures that will enable
inhabitants of ACP countries easy access to information and
communication technologies, through, amongst other, the following
measures:
- the development and encouragement of the use of affordable
renewable energy resources;
- the development and deployment of more extensive low-cost wireless
networks.
5. The Parties also agree to step up cooperation between them in the
area of information and communication technologies, and the
Information Society. This cooperation shall, in particular, be
directed towards greater complementarity and harmonisation of
communication systems, at national, regional and international level
and their adaptation to new technologies.
CHAPTER 5
Trade-related areas
Article 44
General Provisions
1. The Parties acknowledge the growing importance of new areas
related to trade in facilitating progressive integration of the ACP
States into the world economy. They therefore agree to strengthen
their cooperation in these areas by establishing full and
coordinated participation in the relevant international fora and
agreements.
2. The Community shall support the ACP States' efforts, in
accordance with the provisions set out in this Agreement and the
development strategies agreed between the Parties to strengthen
their capacity to handle all areas related to trade, including,
where necessary, improving and supporting the institutional
framework.
Article 45
Competition Policy
1. The Parties agree that the introduction and implementation of
effective and sound competition policies and rules are of crucial
importance in order to improve and secure an investment friendly
climate, a sustainable industrialisation process and transparency in
the access to markets.
2. To ensure the elimination of distortions to sound competition and
with due consideration to the different levels of development and
economic needs of each ACP country, they undertake to implement
national or regional rules and policies including the control and
under certain conditions the prohibition of agreements between
undertakings, decisions by associations of undertakings and
concerted practices between undertakings which have as their object
or effect the prevention, restriction or distortion of competition.
The Parties further agree to prohibit the abuse by one or more
undertakings of a dominant position in the common market of the
Community or in the territory of ACP States.
3. The Parties also agree to reinforce cooperation in this area with
a view to formulating and supporting effective competition policies
with the appropriate national competition agencies that
progressively ensure the efficient enforcement of the competition
rules by both private and state enterprises. Cooperation in this
area shall, in particular, include assistance in the drafting of an
appropriate legal framework and its administrative enforcement with
particular reference to the special situation of the least developed
countries.
Article 46
Protection of Intellectual Property Rights
1. Without prejudice to the positions of the Parties in multilateral
negotiations, the Parties recognise the need to ensure an adequate
and effective level of protection of intellectual, industrial and
commercial property rights, and other rights covered by TRIPS
including protection of geographical indications, in line with the
international standards with a view to reducing distortions and
impediments to bilateral trade.
2. They underline the importance, in this context, of adherence to
the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS) to the WTO Agreement and the Convention on Biological
Diversity (CBD).
3. They also agree on the need to accede to all relevant
international conventions on intellectual, industrial and commercial
property as referred to in Part I of the TRIPS Agreement, in line
with their level of development.
4. The Community, its Member States and the ACP States may consider
the conclusion of agreements aimed at protecting trademarks and
geographical indications for products of particular interest of
either Party.
5. For the purpose of this Agreement, intellectual property includes
in particular copyright, including the copyright on computer
programmes, and neighbouring rights, including artistic designs, and
industrial property which includes utility models, patents including
patents for bio-technological inventions and plant varieties or
other effective sui generis systems, industrial designs,
geographical indications including appellations of origin,
trademarks for goods or services, topographies of integrated
circuits as well as the legal protection of data bases and the
protection against unfair competition as referred to in Article 10a
of the Paris Convention for the Protection of Industrial Property
and protection of undisclosed confidential information on know how.
6. The Parties further agree to strengthen their cooperation in this
field. Upon request and on mutually agreed terms and conditions
cooperation shall inter alia extend to the following areas: the
preparation of laws and regulations for the protection and
enforcement of intellectual property rights, the prevention of the
abuse of such rights by rightholders and the infringement of such
rights by competitors, the establishment and reinforcement of
domestic and regional offices and other agencies including support
for regional intellectual property organisations involved in
enforcement and protection, including the training of personnel.
Article 47
Standardisation and Certification
1. The Parties agree to cooperate more closely in the field of
standardisation, certification and quality assurance to remove
unnecessary technical barriers and to reduce differences between
them in those areas, so as to facilitate trade.
In this context, they reaffirm their commitment under the Agreement
on Technical Barriers to trade, annexed to the WTO Agreement (TBT
Agreement).
2. Cooperation in standardisation and certification shall aim at
promoting compatible systems between the Parties and in particular
include:
- measures, in accordance with the TBT Agreement, to promote greater
use of international technical regulations, standards and conformity
assessment procedures, including sector specific measures, in
accordance with the level of economic development of ACP countries,
- cooperation in the area of quality management and assurance in
selected sectors of importance to the ACP States,
- support for capacity building initiatives in the ACP countries in
the fields of conformity assessment, metrology and standardisation,
- developing functioning links between ACP and European
standardisation, conformity assessment and certification
institutions.
3. The Parties undertake to consider, in due course, negotiating
mutual recognition agreements in sectors of mutual economic
interest.
Article 48
Sanitary and Phytosanitary Measures
1. The Parties recognise the right of each Party to adopt or to
enforce sanitary and phytosanitary measures necessary to protect
human, animal or plant life or health, subject to the requirement
that these measures do not constitute a means of arbitrary
discrimination or a disguised restriction to trade, generally. To
this end, they reaffirm their commitments under the Agreement on the
Application of Sanitary and Phytosanitary Measures, annexed to the
WTO Agreement (SPS-Agreement), taking account of their respective
level of development.
2. They further undertake to reinforce coordination, consultation
and information as regards notification and application of proposed
sanitary and phytosanitary measures, in accordance with the
SPS-Agreement whenever these measures might affect the interests of
either Party. They also agree on prior consultation and coordination
within the Codex Alimentarius, the International Office of
Epizootics and the International Plant Protection Convention, with a
view to furthering their common interests.
3. The Parties agree to strengthen their cooperation with a view to
reinforcing the capacity of the public and the private sector of the
ACP countries in this field.
Article 49
Trade and Environment
1. The Parties reaffirm their commitment to promoting the
development of international trade in such a way as to ensure
sustainable and sound management of the environment, in accordance
with the international conventions and undertakings in this area and
with due regard to their respective level of development. They agree
that the special needs and requirements of ACP States should be
taken into account in the design and implementation of environment
measures.
2. Bearing in mind the Rio Principles and with a view to reinforcing
the mutual supportiveness of trade and environment, the Parties
agree to enhance their cooperation in this field. Cooperation shall
in particular aim at the establishment of coherent national,
regional and international policies, reinforcement of quality
controls of goods and services related to the environment, the
improvement of environment-friendly production methods in relevant
sectors.
Article 50
Trade and Labour Standards
1. The Parties reaffirm their commitment to the internationally
recognised core labour standards, as defined by the relevant
International Labour Organisation (ILO) Conventions, and in
particular the freedom of association and the right to collective
bargaining, the abolition of forced labour, the elimination of worst
forms of child labour and non-discrimination in respect to
employment.
2. They agree to enhance cooperation in this area, in particular in
the following fields:
- exchange of information on the respective legislation and work
regulation;
- the formulation of national labour legislation and strengthening
of existing legislation;
- educational and awareness-raising programmes;
- enforcement of adherence to national legislation and work
regulation.
3. The Parties agree that labour standards should not be used for
protectionist trade purposes.
Article 51
Consumer Policy and Protection of Consumer Health
1. The Parties agree to step up their cooperation in the area of
consumer policy and consumer health protection, having due regard to
domestic legislation to avoid barriers to trade.
2. Cooperation shall, in particular, aim at improving the
institutional and technical capacity in this area, establishing
rapid-alert systems of mutual information on dangerous products,
exchanging information and experiences on the establishment and
operation of post market surveillance of products and product
safety, improving information provided to consumers on prices,
characteristics of products and services offered, encouraging the
development of independent consumer associations and contacts
between consumer interest representatives, improving compatibility
of consumer policies and systems, notifying enforcement of the
legislation and promoting cooperation in investigating harmful or
unfair business practices and implementing exports prohibitions in
the trade between the Parties of goods and services the marketing of
which has been prohibited in their country of production.
Article 52
Tax Carve-out Clause
1. Without prejudice to the provisions of Article 31 of Annex IV,
the Most Favoured Nation treatment granted in accordance with the
provisions of this Agreement, or any arrangement adopted under this
Agreement, does not apply to tax advantages which the Parties are
providing or may provide in the future on the basis of agreements to
avoid double taxation or other tax arrangements, or domestic fiscal
legislation.
2. Nothing in this Agreement, or in any arrangements adopted under
this Agreement, may be construed to prevent the adoption or
enforcement of any measure aimed at preventing the avoidance or
evasion of taxes pursuant to the tax provisions of agreements to
avoid double taxation or other tax arrangements, or domestic fiscal
legislation.
3. Nothing in this Agreement, or in any arrangements adopted under
this Agreement, shall be construed to prevent the Parties from
distinguishing, in the application of the relevant provisions of
their fiscal legislation, between taxpayers who are not in the same
situation, in particular with regard to their place of residence, or
with regard to the place where their capital is invested.
CHAPTER 6
Cooperation in other areas
Article 53
Fishery Agreements
1. The Parties declare their willingness to negotiate fishery
agreements aimed at guaranteeing sustainable and mutually
satisfactory conditions for fishing activities in ACP States.
2. In the conclusion or implementation of such agreements, the ACP
States shall not discriminate against the Community or among the
Member States, without prejudice to special arrangements between
developing States within the same geographical area, including
reciprocal fishing arrangements, nor shall the Community
discriminate against ACP States.
Article 54
Food security
1. With regard to available agricultural products, the Community
undertakes to ensure that export refunds can be fixed further in
advance for all ACP States in respect of a range of products drawn
up in the light of the food requirements expressed by those States.
2. Advance fixing shall be for one year and shall be applied each
year throughout the life of this Agreement, it being understood that
the level of the refund will be determined in accordance with the
methods normally followed by the Commission.
3. Specific agreements may be concluded with those ACP States which
so request in the context of their food security policies.
4. The specific agreements referred to in paragraph 3 shall not
place in jeopardy production and trade flows in ACP regions.
PART 4
DEVELOPMENT FINANCE COOPERATION
TITLE I
GENERAL PROVISIONS
CHAPTER 1
Objectives, principles, guidelines and eligibility
Article 55
Objectives
The objectives of development finance cooperation shall be, through
the provision of adequate financial resources and appropriate
technical assistance, to support and promote the efforts of ACP
States to achieve the objectives set out in this Agreement on the
basis of mutual interest and in a spirit of interdependence.
Article 56
Principles
1. Development finance cooperation shall be implemented on the basis
of and be consistent with the development objectives, strategies and
priorities established by the ACP States, at both national and
regional levels. Their respective geographical, social and cultural
characteristics, as well as their specific potential, shall be taken
into account. In addition, cooperation shall:
(a) promote local ownership at all levels of the development
process;
(b) reflect a partnership based on mutual rights and obligations;
(c) emphasise the importance of predictability and security in
resource flows, granted on highly concessional terms and on a
continuous basis;
(d) be flexible and appropriate to the situation in each ACP State
as well as adapted to the specific nature of the project or
programme concerned; and
(e) ensure efficiency, coordination and consistency.
2. Cooperation shall ensure special treatment for LDC ACP countries
and duly take into account the vulnerability of landlocked and
island ACP countries. In addition, the specific needs of
post-conflict countries shall also be addressed.
Article 57
Guidelines
1. Operations financed within the framework of this Agreement shall
be implemented by the ACP States and the Community in close
cooperation, the concept of equality between the partners being
recognised.
2. The ACP States shall be responsible for:
(a) defining the objectives and priorities on which the indicative
programmes are based;
(b) choosing projects and programmes;
(c) preparing and presenting the dossiers of projects and
programmes;
(d) preparing, negotiating and concluding contracts;
(e) implementing and managing projects and programmes; and
(f) maintaining projects and programmes.
3. Without prejudice to the provisions above, eligible non-State
actors may also be responsible for proposing and implementing
programmes and projects in areas concerning them.
4. The ACP States and the Community shall be jointly responsible
for:
(a) establishing, within the joint institutions, the guidelines for
development finance cooperation;
(b) adopting the indicative programmes;
(c) appraising projects and programmes;
(d) ensuring equality of conditions for participation in invitations
to tender and contracts;
(e) monitoring and evaluating the effects and results of projects
and programmes; and
(f) ensuring the proper, prompt and efficient execution of projects
and programmes.
6. Unless otherwise provided for in this Agreement, all decisions
requiring the approval of either Party shall be approved, or be
deemed approved, within 60 days of notification by the other Party.
Article 58
Eligibility for financing
1. The following entities or bodies shall be eligible for financial
support provided under the Agreement:
(a) ACP States;
(b) regional or inter-State bodies to which one or more ACP States
belong and which are authorised by those States; and
(c) joint bodies set up by the ACP States and the Community to
pursue certain specific objectives.
2. Subject to the agreement of the ACP State or ACP States
concerned, the following shall also be eligible for financial
support:
(a) national and/or regional public or semi-public agencies,
departments or local authorities of the ACP States and, in
particular, their financial institutions and development banks;
(b) companies, firms and other private organisations and private
operators of ACP States;
(c) enterprises of a Community Member State to enable them, in
addition to their own contribution, to undertake productive projects
in the territory of an ACP State;
(d) ACP or Community financial intermediaries providing, promoting
and financing private investments in ACP States; and
(e) agents of decentralised cooperation and other non-State actors
from the ACP States and from the Community.
CHAPTER 2
Scope and nature of financing
Article 59
Within the framework of the priorities established by the ACP State
or States concerned at both national and regional levels, support
may be given to projects, programmes and other forms of operations
contributing to the objectives set out in this Agreement.
Article 60
Scope of financing
The scope of financing may include, inter alia, depending on the
needs and the types of operation considered most appropriate,
support to:
(a) measures which contribute to attenuate the debt burden and
balance of payments problems of the ACP countries;
(b) macroeconomic and structural reforms and policies;
(c) mitigation of adverse effects of instability in export earnings;
(d) sectoral policies and reforms;
(e) institutional development and capacity building;
(f) technical cooperation programmes; and
(g) humanitarian and emergency assistance including assistance to
refugees and displaced persons, short-term rehabilitation measures
and disaster preparedness.
Article 61
Nature of financing
1. The nature of financing shall, inter alia, include:
(a) projects and programmes;
(b) credit lines, guarantee schemes and equity participation;
(c) budgetary support, either directly, for the ACP States whose
currencies are convertible and freely transferable, or indirectly,
from counterparts funds generated by the various Community
instruments;
(d) the human and material resources necessary for effective
administration and supervision of projects and programmes;
(e) sectoral and general import support programmes which may take
the form of:
(i) sectoral import programmes through direct procurement including
financing of inputs in the productive system and supplies to improve
social services;
(ii) sectoral import programmes in the form of foreign exchange
released in instalments for financing sectoral imports; and
(iii) general import programmes in the form of foreign exchange
released in instalments for financing general imports covering a
wide range of products.
2. Direct budgetary assistance in support of macroeconomic or
sectoral reforms shall be granted where:
(a) public expenditure management is sufficiently transparent,
accountable and effective;
(b) well defined macroeconomic or sectoral policies established by
the country itself and agreed to by its main donors are in place;
and
(c) public procurement is open and transparent.
3. Similar direct budgetary assistance shall be granted gradually to
sectoral policies in substitution for individual projects.
4. The instruments of import programmes or budgetary support defined
above can also be used to support eligible ACP States implementing
reforms aimed at intra-regional economic liberalisation which
generate net transitional costs.
5. In the framework of the Agreement, the European Development Fund
(hereinafter referred to as the Fund) including counterpart funds,
unexpended balance from previous Funds, own resources of the
European Investment Bank (hereinafter referred to as the Bank) and
where appropriate resources drawn from the European Community's
budget, shall be used to finance projects, programmes and other
forms of operations contributing to the achievement of the
objectives of this Agreement.
6. The funds provided under the Agreement may be used to cover the
total costs of both the local and foreign expenditure of projects
and programmes, including recurrent cost financing.
TITLE II
FINANCIAL COOPERATION
CHAPTER 1
Financial resources
Article 62
Overall amount
1. For the purposes set out in this Agreement, the overall amount of
the Community's financial assistance and the detailed terms and
conditions of financing are provided for in the Annexes to this
Agreement.
2. Should an ACP State fail to ratify this Agreement or denounce it,
the Parties shall adjust the amounts of the resources provided for
in the Financial Protocol set out in Annex I. Adjustment of the
financial resources shall also apply upon:
(a) the accession to the Agreement of new ACP States which did not
take part in its negotiation; and
(b) the enlargement of the Community.
Article 63
Methods of financing
The methods of financing for each project or programme shall be
determined jointly by the ACP State or States concerned and the
Community by reference to:
(a) the level of development, the geographical situation and
economic and financial circumstances of these States;
(b) the nature of the project or programme, its economic and
financial return as well as its social and cultural impact; and
(c) in the case of loans, factors guaranteeing their servicing.
Article 64
On-lending operations
1. Financial assistance may be made available to or through the ACP
States concerned or, subject to the provisions of this Agreement
through eligible financial institutions or directly to any other
eligible beneficiary. Where financial assistance is granted to the
final recipient through an intermediary or directly to the final
beneficiary in the private sector:
(a) the terms and conditions on which the assistance may be made
available by the intermediary to the final recipient or directly to
the final beneficiary in the private sector shall be laid down in
the financing agreement or loan contract; and
(b) any financial benefit accruing to the intermediary from the
on-lending transaction or resulting from direct lending operations
to the final beneficiary in the private sector, shall be used for
development purposes on the conditions laid down in the financing
agreement or the loan contract, after taking into account
administrative costs, exchange and financial risks and the cost of
technical assistance given to the final recipient.
2. Where the financing is undertaken through an on-lending body
based and/or operating in the ACP States, it shall be the
responsibility of that body to select and appraise individual
projects and to administer the funds placed at its disposal under
the conditions provided for in this Agreement and by mutual
agreement between the Parties.
Article 65
Co-financing
1. The financial resources provided for in this Agreement may be
applied, at the request of the ACP States, to co-financing
undertaken in particular with development agencies and institutions,
Community Member States, ACP States, third countries or
international or private financial institutions, firms or export
credit agencies.
2. Special consideration shall be given to the possibility of
co-financing in cases where Community participation will encourage
the participation of other sources of finance and where such
financing may lead to an advantageous financial package for the ACP
State concerned.
3. Co-financing may be in the form of joint or parallel financing.
Preference shall be given in each case to the solution, which is
more suitable from the point of view of cost-effectiveness. In
addition, measures shall be taken to coordinate and harmonise
operations of the Community and those of other co-financing bodies
in order to minimise the number of procedures to be undertaken by
the ACP States and to render those procedures more flexible.
4. The process of consultation and coordination with other donors
and co-financiers should be strengthened and developed, where
possible, through the establishment of co-financing framework
agreements and co-financing policies and procedures should be
reviewed to ensure effectiveness and the best terms and conditions
possible.
CHAPTER 2
Debt and structural adjustment support
Article 66
Support for debt relief
1. In order to attenuate the debt burden of the ACP States and their
balance-of-payment problems, the Parties agree to use the resources
provided for in this Agreement to contribute to debt relief
initiatives approved at international level for the benefit of ACP
countries. In addition, on a case by case basis, the use of
resources which have not been committed in the framework of past
indicative programmes shall be accelerated through the
quick-disbursing instruments provided for in this Agreement. The
Community furthermore commits itself to examine how in the longer
term other resources than the EDF can be mobilised in support of
internationally agreed debt relief initiatives.
2. At the request of an ACP State, the Community may grant:
(a) assistance in studying and finding practical solutions to
indebtedness including domestic debt, debt-servicing difficulties
and balance of payments problems;
(b) training in debt management and international financial
negotiations as well as support for training workshops, courses and
seminars in these fields; and
(c) assistance to develop flexible techniques and instruments of
debt management.
3. In order to contribute to the servicing of the debt resulting
from loans from the Bank's own resources, special loans and risk
capital, the ACP States may, in accordance with arrangements to be
made on a case-by-case basis with the Commission, use the available
foreign currency referred to in this Agreement for such servicing,
as and when debt repayment falls due and up to the amount required
for payments in national currency.
4. Given the seriousness of the international debt problem and its
impact on economic growth, the Parties declare their readiness to
continue to exchange views, within the context of international
discussions, on the general problem of debt, and without prejudice
to specific discussions taking place in the relevant fora.
Article 67
Structural adjustment support
1. The Agreement shall provide support for macroeconomic and
sectoral reforms implemented by the ACP States. In this framework,
the Parties shall ensure that adjustment is economically viable and
socially and politically bearable. Support shall be given in the
context of a joint assessment between the Community and the ACP
State concerned on the reform measures being undertaken or
contemplated either at macroeconomic or sectoral level, and permit
an overall evaluation of the reform efforts. Quick disbursement
shall be an important feature of support programmes.
2. The ACP States and the Community recognise the necessity to
encourage reform programmes at regional level ensuring that, in the
preparation and execution of national programmes, due consideration
is given to regional activities which have an influence on national
development. To this end, support for structural adjustment shall
also seek to:
(a) incorporate, from the beginning of the diagnosis, measures to
encourage regional integration and take account of the consequences
of trans-border adjustment;
(b) support the harmonisation and coordination of macroeconomic and
sectoral policies, including fiscal and customs areas, so as to
fulfil the dual aim of regional integration and of structural reform
at national level; and
(c) take account of the effects of net transitional costs of
regional integration on budget revenue and balance of payments,
either through general import programmes or budgetary support.
3. ACP States undertaking or contemplating reform at the
macroeconomic or sectoral level shall be eligible for structural
adjustment assistance, giving consideration to the regional context,
their effectiveness and the likely impact on the economic, social
and political dimension of development and on economic and social
hardships being experienced.
4. The ACP States undertaking reform programmes that are
acknowledged and supported at least by the principal multilateral
donors, or that are agreed with such donors but not necessarily
financially supported by them, shall be treated as having
automatically satisfied the requirements for adjustment assistance.
5. Structural adjustment support shall be mobilised in a flexible
manner and in the form of sectoral and general import programmes or
budgetary support.
6. The preparation, appraisal and financing decision for structural
adjustment programmes shall be carried out according to the
provisions on implementation procedures of this Agreement with due
regard to the quick disbursing feature of structural adjustment
programmes. On a case-by-case basis, retroactive financing of a
limited part of imports of ACP-EC origin may be permissible.
7. The implementation of each support programme shall ensure that
the eligibility of ACP economic operators for access to the
resources of the programme is as wide and transparent as possible
and that the procurement procedures accord with the administrative
and commercial practices in the State concerned, while ensuring the
best possible price/quality ratio on imported goods and the
necessary consistency with the progress achieved internationally for
harmonising the procedures for supporting structural adjustment.
CHAPTER 3
Support in cases of short-term fluctuations in export earnings
Article 68
1. The Parties recognise that instability of export earnings,
particularly in the agricultural and mining sectors, may adversely
affect the development of the ACP States and jeopardise the
attainment of their development requirements. A system of additional
support in order to mitigate the adverse effects of any instability
in export earnings, including in the agricultural and mining
sectors, is therefore set up within the financial envelope for
support to long-term development.
2. The purpose of support in cases of short-term fluctuations in
export earnings is to safeguard macroeconomic and sectoral reforms
and policies that are at risk as a result of a drop in revenue and
remedy the adverse effects of instability of export earnings in
particular from agricultural and mining products.
3. The extreme dependence of the ACP States' economies on exports,
in particular from the agricultural and mining sectors, shall be
taken into account in the allocation of resources in the year of
application. In this context, the least developed, landlocked and
island ACP States shall receive more favourable treatment.
4. The additional resources shall be provided in accordance with the
specific modalities of the support mechanism as set out in Annex II
on Terms and Conditions of Financing.
5. The Community shall also provide support for market based
insurance schemes designed for ACP States seeking to protect
themselves against the risk of fluctuations in export earnings.
CHAPTER 4
Support for sectoral policies
Article 69
1. Cooperation shall support, through the various instruments and
modalities provided for in the Agreement:
(a) social and economic sectoral policies and reforms;
(b) measures to enhance productive sector activity and export
competitiveness;
(c) measures to expand social sector services; and
(d) thematic and cross cutting issues.
2. This support shall be provided as appropriate through:
(a) sectoral programmes;
(b) budgetary support;
(c) investments;
(d) rehabilitation;
(e) training;
(f) technical assistance; and
(g) institutional support.
CHAPTER 5
Microprojects and decentralised cooperation
Article 70
In order to respond to the needs of local communities with regard to
development, and to encourage all agents of decentralised
cooperation which are in a position to contribute to the autonomous
development of the ACP States to put forward and implement
initiatives, cooperation shall support, within the framework laid
down in the rules and national legislation of the ACP States
concerned and the provisions of the indicative programme, such
development operations. In this context, cooperation shall support:
(a) micro-projects at local level which have an economic and social
impact on the life of the people, meet a demonstrated and observed
priority need, and shall be undertaken at the initiative and with
the active participation of the local community which shall benefit
therefrom; and
(b) decentralised cooperation, in particular where such operations
combine efforts and resources of decentralised agents from the ACP
States and their counterparts from the Community. This form of
cooperation shall enable the mobilisation of capabilities,
innovative operating methods and resources of decentralised agents
for the development of the ACP State.
Article 71
1. Microprojects and decentralised cooperation operations may be
supported from the financial resources of the Agreement. Projects or
programmes under this form of cooperation may or may not be linked
to programmes in the sectors of concentration of the indicative
programmes, but may be a way of achieving the specific objectives of
the indicative programme or the results of initiatives by local
communities or decentralised agents.
2. Contributions for the financing of micro-projects and
decentralised cooperation shall be made by the Fund, in which case
the contribution shall not normally exceed three-quarters of the
total cost of each project and may not exceed the limit set in the
indicative programme. The remaining balance shall be provided:
(a) by the local community concerned in case of micro-projects
(either in kind or in the form of services or cash and adapted to
its capacity to contribute);
(b) by the agents of decentralised cooperation, provided that the
financial, technical, material and other resources brought in by
such agents shall not normally be less than 25 % of the estimated
cost of the project/programme; and
(c) exceptionally by the ACP State concerned, either in the form of
a financial contribution or through the use of public equipment or
the supply of services.
3. The procedures applicable to projects and programmes financed
within the framework of microprojects or decentralised cooperation
shall be those laid down in the Agreement, in particular those
referred to in multi-annual programmes.
CHAPTER 6
Humanitarian and emergency assistance
Article 72
1. Humanitarian and emergency assistance shall be accorded to the
population in ACP States faced with serious economic and social
difficulties of an exceptional nature resulting from natural
disasters, man-made crises such as wars and other conflicts or
extraordinary circumstances having comparable effects. The
humanitarian and emergency assistance shall be maintained for as
long as necessary to deal with the emergency needs resulting from
these situations.
2. Humanitarian and emergency assistance shall be granted
exclusively according to the needs and interests of victims of
disasters and in line with the principles of international
humanitarian law. In particular, there shall be no discrimination
between victims on grounds of race, ethnic origin, religion, gender,
age, nationality or political affiliation and free access to and
protection of victims shall be guaranteed as well as the security of
humanitarian personnel and equipment.
3. Humanitarian and emergency assistance shall aim to:
(a) safeguard human lives in crises and immediate post-crisis
situations brought about by natural disasters, conflict or war;
(b) contribute to the financing and delivery of humanitarian aid and
to the direct access to it of its intended beneficiaries by all
logistical means available;
(c) carry out short-term rehabilitation and reconstruction to enable
the parts of the population affected to benefit once more from a
minimum of socio-economic integration and, as soon as possible,
create the conditions for a resumption of development on the basis
of long-term objectives set by the ACP country concerned;
(d) address the needs arising from the displacement of people
(refugees, displaced persons and returnees) following natural or
man-made disasters so as to meet, for as long as necessary, all the
needs of refugees and displaced persons (wherever they may be) and
facilitate action for their voluntary repatriation and
re-integration in their country of origin; and
(e) assist the ACP State in setting up disaster prevention and
preparedness mechanisms, including prediction and early-warning
systems, with a view to reducing the consequences of disasters.
4. Similar assistance, as set out above, may be granted to ACP
States taking in refugees or returnees to meet acute needs not
covered by emergency assistance.
5. Underlining the developmental nature of the assistance granted in
accordance with this Article, assistance may be used exceptionally
together with the indicative programme at the request of the State
concerned.
6. Humanitarian and emergency assistance operations shall be
undertaken either at the request of the ACP country affected by the
crisis situation, the Commission, international organisations or
local or international non-State organisations. Such assistance
shall be administered and implemented under procedures permitting
operations that are rapid, flexible and effective. The Community
shall take adequate steps to facilitate speedy action, which is
required to meet the immediate needs for which emergency assistance
is needed.
Article 73
1. Post-emergency action, aimed at physical and social
rehabilitation consequent on the results of natural disasters or
extraordinary circumstances having comparable effects, may be
undertaken with Community assistance under this Agreement. Such
action, using effective and flexible mechanisms, must ease the
transition from the emergency phase to the development phase,
promote the socio-economic reintegration of the parts of the
population affected, remove as far as possible the causes of the
crisis and strengthen institutions and the ownership by local and
national actors of their role in formulating a sustainable
development policy for the ACP country concerned.
2. Short-term emergency action shall only in exceptional
circumstances be financed under the Fund where such assistance
cannot be financed from the Community's budget.
CHAPTER 7
Investment and private sector development support
Article 74
Cooperation shall, through financial and technical assistance,
support the policies and strategies for investment and private
sector development as set out in this Agreement.
Article 75
Investment promotion
The ACP States, the Community and its Member States, within the
scope of their respective competencies, recognising the importance
of private investment in the promotion of their development
cooperation and acknowledging the need to take steps to promote such
investment, shall:
(a) implement measures to encourage participation in their
development efforts by private investors who comply with the
objectives and priorities of ACP-EC development cooperation and with
the appropriate laws and regulations of their respective States;
(b) take measures and actions which help to create and maintain a
predictable and secure investment climate as well as enter into
negotiations on agreements which will improve such climate;
(c) encourage the EU private sector to invest and to provide
specific assistance to its counterparts in the ACP countries under
mutual business cooperation and partnerships;
(d) facilitate partnerships and joint ventures by encouraging
co-financing;
(e) sponsor sectoral investment fora to promote partnerships and
external investment;
(f) support efforts of the ACP States to attract financing, with
particular emphasis on private financing, for infrastructure
investments and revenue generating infrastructure critical for the
private sector;
(g) support capacity building for domestic investment promotion
agencies and institutions involved in promoting and facilitating
foreign investment;
(h) disseminate information on investment opportunities and business
operating conditions in the ACP States; and
(i) promote national, regional and ACP-EU private sector business
dialogue, cooperation and partnerships, in particular through an
ACP-EU private sector business forum. Support for operations of an
ACP-EU private sector business forum shall be provided in pursuit of
the following objectives:
(i) to facilitate dialogue within the ACP/EU private sector and
between the ACP/EU private sector and the bodies established under
the Agreement;
(ii) to analyse and periodically provide the relevant bodies with
information on the whole range of issues concerning relations
between the ACP and EU private sectors in the context of the
Agreement or, more generally, of economic relations between the
Community and the ACP countries; and
(iii) to analyse and provide the relevant bodies with information on
specific problems of a sectoral nature relating to, inter alia,
branches of production or types of products at regional or
sub-regional level.
Article 76
Investment finance and support
1. Cooperation shall provide long-term financial resources,
including risk capital, to assist in promoting growth in the private
sector and help to mobilise domestic and foreign capital for this
purpose. To this end, cooperation shall provide, in particular:
(a) grants for financial and technical assistance to support policy
reforms, human resource development, institutional capacity-building
or other forms of institutional support related to a specific
investment, measures to increase the competitiveness of enterprises
and to strengthen the capacities of the private financial and
non-financial intermediaries, investment facilitation and promotion
and competitiveness enhancement activities;
(b) advisory and consultative services to assist in creating a
responsive investment climate and information base to guide and
encourage the flow of capital;
(c) risk-capital for equity or quasi-equity investments, guarantees
in support of domestic and foreign private investment and loans or
lines of credit on the conditions laid down in Annex II "Terms and
Conditions of Financing" to this Agreement; and
(d) loans from the Bank's own resources.
2. Loans from the Bank's own resources shall be granted in
accordance with its statute and with the terms and conditions laid
down in Annex II to this Agreement.
Article 77
Investment guarantees
1. Investment guarantees are an increasingly important tool for
development finance as they contribute to reducing project risks and
inducing private capital flows. Cooperation shall therefore ensure
the increasing availability and use of risk insurance as a
risk-mitigating mechanism in order to boost investor confidence in
the ACP States.
2. Cooperation shall offer guarantees and assist with guarantees
funds covering risks for qualified investment. Specifically,
cooperation shall provide support to:
(a) reinsurance schemes to cover foreign direct investment by
eligible investors; against legal uncertainties and the major risks
of expropriation, currency transfer restriction, war and civil
disturbance, and breach of contract. Investors may insure projects
for any combination of the four types of coverage;
(b) guarantee programmes to cover risk in the form of partial
guarantees for debt financing. Both partial risk and partial credit
guarantee shall be available; and
(c) national and regional guarantee funds, involving, in particular,
domestic financial institutions or investors for encouraging the
development of the financial sector.
3. Cooperation shall also provide support to capacity-building,
institutional support and participation in the core funding of
national and/or regional initiatives to reduce the commercial risks
for investors (inter alia guarantee funds, regulatory bodies,
arbitration mechanisms and judiciary systems to enhance the
protection of investments improving the export credit systems).
4. Cooperation shall provide such support on the basis of
complementary and added value with respect to private and/or public
initiatives and, whenever feasible, in partnership with private and
other public organisations. The ACP and the EC will within the
framework of the ACP-EC Development Finance Cooperation Committee
undertake a joint study on the proposal to set up an ACP-EC
Guarantee Agency to provide and manage investment guarantee
programmes.
Article 78
Investment protection
1. The ACP States and the Community and its Member States, within
the scope of their respective competencies, affirm the need to
promote and protect either Party's investments on their respective
territories, and in this context affirm the importance of
concluding, in their mutual interest, investment promotion and
protection agreements which could also provide the basis for
insurance and guarantee schemes.
2. In order to encourage European investment in development projects
of special importance to, and promoted by the ACP States, the
Community and the Member States, on the one hand and the ACP States
on the other, may also conclude agreements relating to specific
projects of mutual interest where the Community and European
enterprises contribute towards their financing.
3. The Parties also agree to introduce, within the economic
partnership agreements, and while respecting the respective
competencies of the Community and its Member States, general
principles on protection and promotion of investments, which will
endorse the best results agreed in the competent international fora
or bilaterally.
TITLE III
TECHNICAL COOPERATION
Article 79
1. Technical cooperation shall assist the ACP States in the
development of national and regional manpower resources, the
sustained development of the institutions critical for development
success, including inter alia strengthening ACP consulting firms and
organisations, as well as exchange arrangements involving
consultants from both ACP and EU firms.
2. Furthermore, technical cooperation, shall be cost-effective and
relevant to the need for which it is intended, and shall also favour
the transfer of know-how and increase national and regional
capabilities. Technical cooperation shall contribute to the
achievement of project and programme goals, including efforts to
strengthen management capacity of the National and Regional
Authorising Officers. Technical assistance shall:
(a) be demand-driven and thus made available only at the request of
the ACP State or States concerned, and adapted to recipient needs;
(b) complement and support ACP efforts to identify their own
requirements;
(c) be monitored and followed up to guarantee effectiveness;
(d) encourage the participation of ACP experts, consultancy firms
and educational and research institutions in contracts financed from
the Fund and identify ways of employing qualified national and
regional personnel on Fund projects;
(e) encourage the secondment of ACP national cadres as consultants
to an institution in their own country, or a neighbouring country,
or to a regional organisation;
(f) aim at developing knowledge of national and regional manpower
constraints and potential and establish a register of ACP experts,
consultants and consultancy firms suitable for employment on
projects and programmes financed from the Fund;
(g) support intra-ACP technical assistance in order to promote the
exchange between the ACP States of technical assistance, management
and professional expertise;
(h) develop action programmes for long-term institution building and
staff development as an integral part of project and programme
planning, account being taken of the necessary financial
requirements;
(i) support arrangements to enhance the capacity of the ACP States
to build up their own expertise; and
(j) give special attention to the development of the ACP States'
capacities in project planning, implementation and evaluation, as
well budget management.
3. Technical assistance may be provided in all areas of cooperation
and within the limits of the mandate of this Agreement. The
activities covered would be diverse in scope and nature, and would
be tailored to meet the needs of the ACP States.
4. Technical cooperation may be either of a specific or a general
nature. The ACP-EC Development Finance Cooperation Committee shall
establish the guidelines for the implementation of technical
cooperation.
Article 80
With a view to reversing the brain drain from the ACP States, the
Community shall assist ACP States which so request to facilitate the
return of qualified ACP nationals resident in developed countries
through appropriate re-installation incentives.
TITLE IV
PROCEDURES AND MANAGEMENT SYSTEMS
Article 81
Procedures
Management procedures shall be transparent, easy to apply and shall
enable the decentralisation of tasks and responsibilities to the
field. The implementation of ACP-EU development cooperation shall be
open to non-State actors in areas that concern them. The detailed
procedural provisions for programming, preparation, implementation
and the management of financial and technical cooperation are laid
down in Annex IV on Implementation and Management Procedures. The
Council of Ministers may review, revise and amend these provisions
on the basis of a recommendation from the ACP-EC Development Finance
Cooperation Committee.
Article 82
Executing agents
For the implementation of financial and technical cooperation under
this Agreement, executing agents are designated. Detailed provisions
for the responsibilities of the executing agents are laid down in
Annex IV on Implementation and Management Procedures.
Article 83
ACP-EC Development Finance Cooperation Committee
1. The Council of Ministers shall at least once a year examine
whether the objectives of development finance cooperation are being
attained and shall examine the general and specific problems
resulting from the implementation of that cooperation. To this end,
an ACP-EC Development Finance Cooperation Committee, hereinafter
referred to as "the ACP-EC Committee", shall be set up within the
Council of Ministers.
2. The ACP-EC Committee shall, inter alia:
(a) ensure the overall achievement of the objectives and principles
of development finance cooperation and establish general guidelines
for their effective and timely implementation;
(b) examine the problems arising from the implementation of
development cooperation activities and propose appropriate measures;
(c) review the annexes to the Agreement to ensure their continued
relevance and recommend any appropriate amendments to the Council of
Ministers for approval; and
(d) examine the operations deployed within the framework of the
Agreement to attain the objectives of promoting private sector
development and investment and the operations of the Investment
Facility.
3. The ACP-EC Committee, which shall meet every quarter, shall be
composed, on a basis of parity, of representatives of the ACP States
and of the Community, or their authorised representatives. It shall
meet at ministerial level whenever one of the parties so requests
and at least once a year.
4. The Council of Ministers shall lay down the ACP-EC Committee's
rules of procedure, in particular the conditions for representation
and the number of members of the Committee, the detailed
arrangements for their deliberations and the conditions for holding
the chair.
5. The ACP-EC Committee may convene meetings of experts to study the
cause of any difficulties and bottlenecks, which may impede the
efficient implementation of development cooperation. These experts
shall make recommendations to the Committee on possible ways of
removing such difficulties and bottlenecks.
PART 5
GENERAL PROVISIONS FOR THE LEAST-DEVELOPED, LANDLOCKED AND ISLAND
ACP STATES (LDLICS)
CHAPTER 1
General provisions
Article 84
1. To enable LDLICs to take full advantage of the opportunities
offered by the Agreement so as to step up their respective rates of
development, cooperation shall ensure special treatment for the
least developed ACP countries and take due account of the
vulnerability of landlocked and island ACP countries. It shall also
take into consideration the needs of countries in post-conflict
situations.
2. Independently of the specific measures and provisions for the
least-developed, landlocked and island countries in the different
chapters of the Agreement, special attention shall be paid in
respect of these groups as well as countries in post-conflict
situations to:
(a) the strengthening of regional cooperation;
(b) transport and communications' infrastructure;
(c) the efficient exploitation of marine resources and the marketing
of products so produced and, in the case of landlocked countries,
inland fisheries;
(d) structural adjustment where account shall be taken of the level
of development of these countries and equally, at the implementation
stage, of the social dimension of adjustment; and
(e) the implementation of food strategies and integrated development
programmes.
CHAPTER 2
Least-developed ACP States
Article 85
1. The least-developed ACP States shall be accorded a special
treatment in order to enable them to overcome the serious economic
and social difficulties hindering their development so as to step up
their respective rates of development.
2. The list of least-developed countries is given in Annex VI. It
may be amended by a decision of the Council of Ministers where:
(a) a third State in a comparable situation accedes to this
Agreement; and
(b) the economic situation of an ACP State changes considerably and
durably to the extent that it needs to be included in the
least-developed category or its inclusion in that category is no
longer justified.
Article 86
The provisions adopted in respect of the least-developed ACP States
are contained in the following Articles: 2, 29, 32, 35, 37, 56, 68,
84, 85.
CHAPTER 3
Landlocked ACP States
Article 87
1. Specific provisions and measures shall be established to support
landlocked ACP States in their efforts to overcome the geographical
difficulties and other obstacles hampering their development so as
to enable them to step up their respective rates of development.
2. The list of landlocked ACP States is given in Annex VI. It may be
amended by decision of the Council of Ministers when a third State
in a comparable situation accedes to the Agreement.
Article 88
The provisions adopted in respect of the landlocked ACP States are
contained in the following Articles: 2, 32, 35, 56, 68, 84, 87.
CHAPTER 4
Island ACP States
Article 89
1. Specific provisions and measures shall be established to support
island ACP States in their efforts to overcome the natural and
geographical difficulties and other obstacles hampering their
development so as to enable them to step up their respective rates
of development.
2. The list of island ACP States is given in Annex VI. It may be
amended by decision of the Council of Ministers when a third State
in a comparable situation accedes to the Agreement.
Article 90
The provisions adopted in respect of the island ACP States are
contained in the following Articles: 2, 32, 35, 56, 68, 84, 89.
PART 6
FINAL PROVISIONS
Article 91
Conflict between this Agreement and other treaties
No treaty, convention, agreement or arrangement of any kind between
one or more Member States of the Community and one or more ACP
States may impede the implementation of this Agreement.
Article 92
Scope of territorial application
Subject to the special provisions regarding the relations between
the ACP States and the French overseas departments provided for
therein, this Agreement shall apply, on the one hand, to the
territories in which the Treaty establishing the European Community
is applied and under the conditions laid down in that Treaty and, on
the other hand, to the territories of the ACP States.
Article 93
Ratification and entry into force
1. This Agreement shall be ratified or approved by the signatory
Parties in accordance with their respective constitutional rules and
procedures.
2. The instruments of ratification or approval of this Agreement
shall be deposited in the case of the ACP States, with the General
Secretariat of the Council of the European Union and in the case of
the Community and the Member States, with the General Secretariat of
the ACP States. The Secretariats shall promptly notify the signatory
States and the Community.
3. This Agreement shall enter into force on the first day of the
second month following the date of deposit of the instruments of
ratification of the Member States and of at least two-thirds of the
ACP States, and of the instrument of approval of this Agreement by
the Community.
4. An ACP signatory State that has not completed the procedures set
out in paragraphs 1 and 2 by the date on which this Agreement enters
into force as provided for in paragraph 3 may do so only within the
12 months following that date, without prejudice to the provisions
of paragraph 6.
For such States this Agreement shall become applicable on the first
day of the second month following the completion of these
procedures. These States shall recognise the validity of any measure
taken to implement the Agreement after the date of its entry into
force.
5. The rules of procedure of the joint institutions set up under
this Agreement shall lay down the conditions under which the
representatives of signatory States referred to in paragraph 4 may
attend those institutions as observers.
6. The Council of Ministers may decide to accord special support to
ACP States party to previous ACP-EC Conventions which, in the
absence of normally established government institutions, have not
been able to sign or ratify this Agreement. This support may concern
institution building and economic and social development activities,
taking particular account of the needs of the most vulnerable
sections of the population. In this context, such countries will be
able to draw on the funds provided for in Part 4 of this Agreement
for financial and technical cooperation.
By way of derogation from paragraph 4, the countries concerned which
are signatories to the Agreement may complete the ratification
procedures within twelve months of the restoration of government
institutions.
The countries concerned which have neither signed nor ratified the
Agreement may accede to it by means of the accession procedure
provided for in Article 94.
Article 94
Accession
1. Any request for accession to this Agreement made by an
independent State whose structural characteristics and economic and
social situation are comparable to those of the ACP States shall be
presented to the Council of Ministers.
If the request is approved by the Council of Ministers, the State
concerned shall accede to this Agreement by depositing an act of
accession with the General Secretariat of the Council of the
European Union, which shall send a certified copy to the ACP
Secretariat and notify the Member States. The Council of Ministers
may lay down any amending measures that might be necessary.
The State concerned shall enjoy the same rights and be subject to
the same obligations as the ACP States. Its accession may not
infringe on the benefits enjoyed by the ACP States signatory to this
Agreement under the provisions on development cooperation financing.
The Council of Ministers may lay down the conditions and specific
arrangements for the accession of an individual State in a special
protocol that shall form an integral part of the Agreement.
2. The Council of Ministers shall be advised of any request made by
a third State to become a member of an economic grouping of ACP
States.
3. The Council of Ministers shall be advised of any request made by
a third State to become a member of the European Union. During the
negotiations between the Union and the applicant State, the
Community shall provide the ACP States with any relevant information
and they in turn shall convey their concerns to the Community so
that it can take them fully into account. The ACP Secretariat shall
be notified by the Community of any accession to the European Union.
Any new Member State of the European Union shall become a Party to
this Agreement from the date of its accession by means of a clause
to that effect in the act of accession. If the act of accession to
the Union does not provide for such automatic accession of the
Member State to this Agreement, the Member State concerned shall
accede by depositing an act of accession with the General
Secretariat of the Council of the European Union, which shall send a
certified copy to the ACP Secretariat and notify the Member States.
The Parties shall review the effects of the accession of new Member
States on this Agreement. The Council of Ministers may decide on any
transitional or amending measures that might be necessary.
Article 95
Duration of the agreement and revision clause
3. The Community and the Member States, on the one hand, and the ACP
States, on the other, shall notify the other Party not later than 12
months before the expiry of each five-year period of any review of
the provisions they desire to make with a view to a possible
amendment of the Agreement. This shall not apply, however, to the
provisions on economic and trade cooperation, for which a special
review procedure is provided for. Notwithstanding this time limit,
if one Party requests the review of any provisions of the Agreement,
the other Party shall have a period of two months in which to
request the extension of the review to other provisions related to
those which were the subject of the initial request.
Ten months before the expiry of this five-year period, the Parties
shall enter into negotiations with a view to examining any possible
amendments to the provisions that were the subject of the
notification.
Article 93 shall also apply to the amendments made.
The Council of Ministers shall adopt any transitional measures that
may be required in respect of the amended provisions until they come
into force.
4. Eighteen months before the end of the total period of the
Agreement, the Parties shall enter into negotiations in order to
examine what provisions shall subsequently govern their relations.
The Council of Ministers shall adopt any transitional measures that
may be required until the new Agreement comes into force.
Article 96
Essential elements: consultation procedure and appropriate measures
as regards human rights, democratic principles and the rule of law
1. Within the meaning of this Article, the term "Party" refers to
the Community and the Member States of the European Union, of the
one part, and each ACP State, of the other part.
2. (a) If, despite the political dialogue conducted regularly
between the Parties, a Party considers that the other Party has
failed to fulfil an obligation stemming from respect for human
rights, democratic principles and the rule of law referred to in
paragraph 2 of Article 9, it shall, except in cases of special
urgency, supply the other Party and the Council of Ministers with
the relevant information required for a thorough examination of the
situation with a view to seeking a solution acceptable to the
Parties. To this end, it shall invite the other Party to hold
consultations that focus on the measures taken or to be taken by the
party concerned to remedy the situation.
The consultations shall be conducted at the level and in the form
considered most appropriate for finding a solution.
The consultations shall begin no later than 15 days after the
invitation and shall continue for a period established by mutual
agreement, depending on the nature and gravity of the violation. In
any case, the consultations shall last no longer than 60 days.
If the consultations do not lead to a solution acceptable to both
Parties, if consultation is refused, or in cases of special urgency,
appropriate measures may be taken. These measures shall be revoked
as soon as the reasons for taking them have disappeared.
(b) The term "cases of special urgency" shall refer to exceptional
cases of particularly serious and flagrant violation of one of the
essential elements referred to in paragraph 2 of Article 9, that
require an immediate reaction.
The Party resorting to the special urgency procedure shall inform
the other Party and the Council of Ministers separately of the fact
unless it does not have time to do so.
(c) The "appropriate measures" referred to in this Article are
measures taken in accordance with international law, and
proportional to the violation. In the selection of these measures,
priority must be given to those which least disrupt the application
of this agreement. It is understood that suspension would be a
measure of last resort.
If measures are taken in cases of special urgency, they shall be
immediately notified to the other Party and the Council of
Ministers. At the request of the Party concerned, consultations may
then be called in order to examine the situation thoroughly and, if
possible, find solutions. These consultations shall be conducted
according to the arrangements set out in the second and third
subparagraphs of paragraph (a).
Article 97
Consultation procedure and appropriate measures as regards
corruption
1. The Parties consider that when the Community is a significant
partner in terms of financial support to economic and sectoral
policies and programmes, serious cases of corruption should give
rise to consultations between the Parties.
2. In such cases either Party may invite the other to enter into
consultations. Such consultations shall begin no later than 21 days
after the invitation and shall last no longer than 60 days.
3. If the consultations do not lead to a solution acceptable to both
Parties or if consultation is refused, the Parties shall take the
appropriate measures. In all cases, it is above all incumbent on the
Party where the serious cases of corruption have occurred to take
the measures necessary to remedy the situation immediately. The
measures taken by either Party must be proportional to the
seriousness of the situation. In the selection of these measures,
priority must be given to those which least disrupt the application
of this agreement. It is understood that suspension would be a
measure of last resort.
4. Within the meaning of this Article, the term "Party" refers to
the Community and the Member States of the European Union, of the
one part, and each ACP State, of the other part.
Article 98
Dispute settlement
1. Any dispute arising from the interpretation or application of
this Agreement between one or more Member States or the Community,
on the one hand, and one or more ACP States on the other, shall be
submitted to the Council of Ministers.
Between meetings of the Council of Ministers, such disputes shall be
submitted to the Committee of Ambassadors.
2. (a) If the Council of Ministers does not succeed in settling the
dispute, either Party may request settlement of the dispute by
arbitration. To this end, each Party shall appoint an arbitrator
within thirty days of the request for arbitration. In the event of
failure to do so, either Party may ask the Secretary-General of the
Permanent Court of Arbitration to appoint the second arbitrator.
(b) The two arbitrators shall in turn appoint a third arbitrator
within thirty days. In the event of failure to do so, either Party
may ask the Secretary-General of the Permanent Court of Arbitration
to appoint the third arbitrator.
(c) Unless the arbitrators decide otherwise, the procedure applied
shall be that laid down in the optional arbitration regulation of
the Permanent Court of Arbitration for International Organisations
and States. The arbitrators' decisions shall be taken by majority
vote within three months.
(d) Each Party to the dispute shall be bound to take the measures
necessary to carry out the decision of the arbitrators.
(e) For the application of this procedure, the Community and the
Member States shall be deemed to be one Party to the dispute.
Article 99
Denunciation clause
This Agreement may be denounced by the Community and its Member
States in respect of each ACP State and by each ACP State in respect
of the Community and its Member States, upon six months' notice.
Article 100
Status of the texts
The Protocols and Annexes attached to this Agreement shall form an
integral part thereof. Annexes II, III, IV and VI may be revised,
reviewed and/or amended by the Council of Ministers on the basis of
a recommendation from the ACP-EC Development Finance Cooperation
Committee. This Agreement, drawn up in two copies in the Danish,
Dutch, English, Finnish, French, German, Greek, Italian, Portuguese,
Spanish and Swedish languages, all texts being equally authentic,
shall be deposited in the archives of the General Secretariat of the
Council of the European Union and the Secretariat of the ACP States,
which shall both transmit a certified copy to the government of each
of the Signatory States.
Hecho en CotonŪ, el veintitrłs de junio del aęo dos mil.
Udfördiget i Cotonou den treogtyvende juni to tusind.
Geschehen zu Cotonou am dreiundzwanzigsten Juni zweitausend.
>ISO_7>øółżõ ėĮ÷ż Ź˙Į˙ż˙ž, ėĮłĖ õčś˙ėł ĮęõłĖ É˙įżč˙į ōž˙ šłūłĄōõĖ.
>ISO_1>Done at Cotonou on the twenty-third day of June in the year
two thousand.
Fait š Cotonou, le vingt-trois juin deux mille.
Fatto a Cotonou, addü ventitrł giugno duemila.
Gedaan te Cotonou, de drieūntwintigste juni tweeduizend.
Feito em Cotonu, em vinte e trśs de Junho de dois mil.
Tehty Cotonoussa kahdentenakymmenentenōkolmantena pōivōnō kesōkuuta
vuonna kaksituhatta.
Som skedde i Cotonou den tjugotredje juni tjugohundra.
Pour Sa Majestł le Roi des Belges
Voor Zijne Majesteit de Koning der Belgen
FŽr Seine Majestōt den KŠnig der Belgier
Cette signature engage łgalement la Communautł fran÷aise, la
Communautł flamande, la Communautł germanophone, la Rłgion wallonne,
la Rłgion flamande et la Rłgion de Bruxelles-Capitale.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de
Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest,
het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift bindet zugleich die Deutschsprachige
Gemeinschaft, die Flōmische Gemeinschaft, die FranzŠsische
Gemeinschaft, die Wallonische Region, die Flōmische Region und die
Region BrŽssel-Hauptstadt.
For Hendes Majestöt Danmarks Dronning
FŽr den Prōsidenten der Bundesrepublik Deutschland
>ISO_7>Ćłń Į˙ż ŠęŽõōę˙ Į÷Ė Åūū÷żłśČĖ Ä÷ü˙śęńĮčńĖ
>ISO_1>Por Su Majestad el Rey de Espaęa
Pour le Prłsident de la Rłpublique fran÷aise
Thar ceann Uachtarńn na hÉireann
For the President of Ireland
Per il Presidente della Repubblica italiana
Pour Son Altesse Royale le Grand-Duc de Luxembourg
Voor Hare Majesteit de Koningin der Nederlanden
FŽr den Bundesprōsidenten der Republik Österreich
Pelo Presidente da RepŪblica Portuguesa
Suomen Tasavallan Presidentin puolesta
FŠr Republiken Finlands President
Põ svenska regeringens vōgnar
For Her Majesty the Queen of the United Kingdom of Great Britain and
Northern Ireland
Por la Comunidad Europea
For Det Europöiske Föllesskab
FŽr die Europōische Gemeinschaft
>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń
>ISO_1>For the European Community
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Per la Comunitš europea
Voor de Europese Gemeenschap
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Põ Europeiska gemenskapens vōgnar
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Prżncipe
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ANNEXES TO THE AGREEMENT
TABLE OF CONTENTS
>TABLE POSITION>
ANNEX I
FINANCIAL PROTOCOL
1. For the purposes set out in this Agreement and for a period of
five years commencing 1 March 2000, the overall amount of the
Community's financial assistance to the ACP States shall be EUR
15200 million.
2. The Community's financial assistance shall comprise an amount up
to EUR 13500 million from the 9th European Development Fund (EDF).
3. The 9th EDF shall be allocated between the instruments of
cooperation as follows:
(a) EUR 10000 million in the form of grants shall be reserved for an
envelope for support for long-term development. This envelope shall
be used to finance national indicative programmes in accordance with
Articles 1 to 5 of Annex IV "Implementation and management
procedures" to this Agreement. From the envelope for support for
long-term development:
(i) EUR 90 million shall be reserved for the financing of the budget
of the Centre for the Development of Enterprise (CDE);
(ii) EUR 70 million shall be reserved for the financing of the
budget of the Centre for the Development of Agriculture (CTA); and
(iii) an amount not exceeding EUR 4 million shall be reserved for
the purposes referred to in Article 17 of this Agreement (Joint
Parliamentary Assembly).
(b) EUR 1300 million in the form of grants shall be reserved for the
financing of support for regional cooperation and integration of the
ACP States in accordance with Articles 6 to 14 of Annex IV
"Implementation and management procedures" to this Agreement.
(c) EUR 2200 million shall be allocated to finance the Investment
Facility according to the terms and conditions set out in Annex II
"Terms and conditions of financing" to this Agreement without
prejudice to the financing of the interest rate subsidies provided
for in Articles 2 and 4 of Annex II to this Agreement funded from
the resources mentioned in paragraph 3(a) of this Annex.
4. An amount of up to EUR 1700 million shall be provided from the
European Investment Bank in the form of loans made from its own
resources. These resources shall be granted for the purposes set out
in Annex II "Terms and conditions of financing" to this Agreement in
accordance with the conditions provided for by its statutes and the
relevant provisions of the terms and conditions for investment
financing as laid down in the aforementioned Annex. The Bank may,
from the resources it manages, contribute to the financing of
regional projects and programmes.
5. Any balances remaining from previous EDFs on the date of entry
into force of this Financial Protocol, as well as any amounts that
shall be decommitted at a later date from ongoing projects under
these Funds, shall be transferred to the 9th EDF and shall be used
in accordance with the conditions laid down in this Agreement. Any
resources thus transferred to the 9th EDF that previously had been
allocated to the indicative programme of an ACP State or region
shall remain allocated to that State or region. The overall amount
of this Financial Protocol, supplemented by the transferred balances
from previous EDFs, will cover the period of 2000-2007.
6. The Bank shall administer the loans made from its own resources,
as well as the operations financed under the Investment Facility.
All other financial resources of this Agreement shall be
administered by the Commission.
7. Before the expiry of this Financial Protocol, the Parties shall
assess the degree of realisation of commitments and disbursements.
This assessment shall constitute the basis for re-evaluating the
overall amount of resources as well for evaluating the need for new
resources to support financial cooperation under this Agreement.
8. In the event of the funds provided for in any of the instruments
of the Agreement being exhausted before the expiry of this Financial
Protocol, the joint ACP-EC Council of Ministers shall take the
appropriate measures.
ANNEX II
TERMS AND CONDITIONS OF FINANCING
CHAPTER 1
INVESTMENT FINANCING
Article 1
The terms and conditions of financing in relation to the operations
of the Investment Facility (Facility), the loans from own resources
of the European Investment Bank (Bank) and special operations shall
be as laid down in this Chapter. These resources may be channelled
to eligible enterprises, either directly or indirectly, through
eligible investment funds and/or financial intermediaries.
Article 2
Resources of the investment facility
1. The resources of the Facility may be used, inter alia, to:
(a) provide risk capital in the form of:
(i) equity participation in ACP enterprises, including financial
institutions;
(ii) quasi-capital assistance to ACP enterprises, including
financial institutions; and
(iii) guarantees and other credit enhancements which may be used to
cover political and other investment-related risks, both for foreign
and local investors or lenders.
(b) provide ordinary loans.
2. Equity participation shall normally be for non-controlling
minority holdings and shall be remunerated on the basis of the
performance of the project concerned.
3. Quasi-capital assistance may consist of shareholders' advances,
convertible bonds, conditional, subordinated and participating loans
or any other similar form of assistance. Such assistance may consist
in particular of:
(a) conditional loans, the servicing and/or the duration of which
shall be linked to the fulfilment of certain conditions with regard
to the performance of the project; in the specific case of
conditional loans for pre-investment studies or other
project-related technical assistance, servicing may be waived if the
investment is not carried out;
(b) participating loans, the servicing and/or the duration of which
shall be linked to the financial return of the project; and
(c) subordinated loans, which shall be repaid only after other
claims have been settled.
4. The remuneration of each operation shall be specified when the
loan is made. However:
(a) in the case of conditional or participating loans, the
remuneration shall normally comprise a fixed interest rate of not
more than 3 % and a variable component related to the performance of
the project; and
(b) in the case of subordinated loans, the interest rate shall be
market related.
5. Guarantees shall be priced so as to reflect the risks insured and
the particular characteristics of the operation.
6. The interest rate of ordinary loans shall comprise a reference
rate applied by the Bank for comparable loans with the same terms
and conditions as to grace and repayment periods and a mark up
determined by the Bank.
7. Ordinary loans may be extended on concessional terms and
conditions in the following cases:
(a) for infrastructure projects in the Least Developed Countries or
in post-conflict countries that are prerequisites for private sector
development. In such cases, the interest rate of the loan will be
reduced by 3 %; and
(b) for projects which involve restructuring operations in the
framework of privatisation or for projects with substantial and
clearly demonstrable social or environmental benefits. In such
cases, loans may be extended with an interest rate subsidy the
amount and form of which will be decided with respect to the
particular characteristics of the project. However, the interest
rate subsidy shall not be higher than 3 %.
The final interest rate shall, in any case, never be less than 50 %
of the reference rate.
8. The funds to be provided for these concessional purposes will be
made available from the Investment Facility and shall not exceed 5 %
of the overall amount allocated for investment financing by the
Investment Facility and by the Bank from its own resources.
9. Interest subsidies may be capitalised or may be used in the form
of grants to support project-related technical assistance,
particularly for financial institutions in the ACP countries.
Article 3
Operations of the investment facility
1. The Investment Facility shall operate in all economic sectors and
support investments of private and commercially run public sector
entities, including revenue generating economic and technological
infrastructure critical for the private sector. The Facility shall:
(a) be managed as a revolving fund and aim at being financially
sustainable. Its operations shall be on market-related terms and
conditions and shall avoid creating distortions on local markets and
displacing private sources of finances; and
(b) endeavour to have a catalytic effect by encouraging the
mobilisation of long-term local resources and attracting foreign
private investors and lenders to projects in the ACP States.
2. On expiry of the Financial Protocol, and in the absence of a
specific decision by the Council of Ministers, the cumulative net
reflows to the Investment Facility shall be carried over to the next
Protocol.
Article 4
Bank own resource loans
1. The Bank shall:
(a) contribute, through the resources it manages, to the economic
and industrial development of the ACP States on a national and
regional basis; and to this end, finance as a priority productive
projects and programmes or other investments aimed at promoting the
private sector in all economic sectors;
(b) establish close cooperation links with national and regional
development banks and with banking and financial institutions of the
ACP States and of the EU; and
(c) in consultation with the ACP State concerned, adapt the
arrangements and procedures for implementing development finance
cooperation, as set out in this Agreement, if necessary, to take
account of the nature of the projects and programmes and to act in
accordance with the objectives of this Agreement, within the
framework of the procedures laid down by its statute.
2. Loans from the Bank's own resources shall be granted under the
following terms and conditions:
(a) the reference rate of interest shall be the rate applied by the
Bank for a loan with the same conditions as to currency, and
repayment period on the day of signature of the contract or on the
date of disbursement;
(b) however:
(i) in principle, public sector projects shall be eligible for an
interest rate subsidy of 3 %;
(ii) private sector projects falling into the categories specified
in Article 2 (7)(b) shall be eligible for interest rates subsidies
on the same terms as those specified in Article 2(7)(b).
The final interest rate shall, in any case, never be less than 50 %
of the reference rate.
(c) the amount of the interest rate subsidy calculated in terms of
its value at the times of disbursement of the loan shall be charged
against the interest subsidy allocation of the Investment Facility
as defined in Article 2(8) and 2(9), and paid directly to the Bank;
and
(d) the repayment period of loans made by the Bank from its own
resources shall be determined on the basis of the economic and
financial characteristics of the project, but may not exceed 25
years. These loans shall normally comprise a grace period fixed by
reference to the construction period of the project.
3. For investments financed by the Bank from its own resources in
public sector companies, specific project-related guarantees or
undertakings may be required from the ACP State concerned.
Article 5
Conditions for foreign exchange rate risk
In order to minimise the effects of exchange rate fluctuations, the
problems of exchange rate risk shall be dealt with in the following
way:
(a) in the case of equity participation designed to strengthen an
enterprise's own funds, the exchange rate risk shall, as a general
rule, be borne by the Investment Facility;
(b) in the case of risk capital financing for small-and medium-sized
enterprises (SMEs), the exchange rate risk shall, as a general rule,
be shared by the Community, on the one part, and by the other
parties involved, on the other. On average, the foreign exchange
rate risk shall be shared equally; and
(c) where feasible and appropriate, particularly in countries
characterised by macroeconomic and financial stability, the Facility
will endeavour to extend loans in local ACP currencies, thus de
facto taking the foreign exchange risk.
Article 6
Conditions for foreign exchange transfer
The ACP States concerned shall, in respect of operations under the
Agreement, and in respect of which they have given their written
approval within the framework of this Agreement:
(a) grant exemption from all national or local duties, fiscal
charges on interest, commission and amortisation of loans due in
accordance with the law or laws of the ACP State or States
concerned;
(b) place at the disposal of the beneficiaries the currency
necessary for the payment of interest, commission and the
amortisation of loans due in terms of financing contracts granted
for the implementation of projects and programmes on their
territories; and
(c) make available to the Bank the foreign currency necessary for
the transfer of all sums received by it in national currency at the
exchange rate applicable between the Euro or other currencies of
transfer and the national currency at the date of the transfer.
These include all forms of remuneration, such as, inter alia,
interest, dividends, commissions and fees, as well as the
amortisation of loans and the proceeds from the sale of shares due
in terms of financing contracts granted for the implementation of
projects and programmes on their territories.
CHAPTER 2
SPECIAL OPERATIONS
Article 7
1. Cooperation shall support from the grant allocation:
(a) low-income housing to promote long-term development of the
housing sector, including secondary mortgage facilities;
(b) micro-finance to promote SMEs and micro-enterprises; and
(c) capacity building to strengthen and facilitate the effective
participation of the private sector in social and economic
development.
2. The ACP-EC Council of Ministers shall, after the signature of
this Agreement and on a proposal by the ACP-EC Development Finance
Cooperation Committee, decide on the modalities and the amount of
resources allocated from the long-term development envelope to
attain these objectives.
CHAPTER 3
FINANCING FOR SHORT-TERM FLUCTUATIONS IN EXPORT EARNINGS
Article 8
1. The Parties recognise that losses of export earnings as a result
of short-term fluctuations may jeopardise the development financing
requirements and the implementation of macroeconomic and sectoral
policies. The degree of dependence of an ACP State's economy on the
export of goods, and in particular from agricultural and mining
products shall, therefore, be a criterion for determining the
allocation of long-term development.
2. In order to mitigate the adverse effects of instability of export
earnings and safeguard the development programme jeopardised by the
drop in revenue, additional financial support may be mobilised from
the programmable resources for the country's long-term development
on the basis of Articles 9 and 10.
Article 9
Eligibility criteria
1. Eligibility for additional resources shall be established by:
a) - a 10 % (2 % in the case of least-developed countries) loss of
export earnings from goods compared with the arithmetical average of
the earnings in the first three years of the first four years
preceding the application year;
- or
- a 10 % (2 % in the case of least-developed countries ) loss of
export earnings from the total of agricultural or mineral products
compared with the arithmetical average of the earnings in the first
three years of the first four years preceding the application year
for countries where the agricultural or mineral export revenues
represent more than 40 % of total export revenues from goods; and
(b) a 10 % worsening in the programmed public deficit programmed for
the year in question or forecast for the following year.
3. The additional resources shall be reflected in the public
accounts of the country concerned. They shall be utilised in
accordance with programming rules and methods including the specific
provisions in Annex IV "Implementation and management procedures",
on the basis of agreements drawn up in advance between the Community
and the ACP State concerned in the year following the application.
By agreement of both Parties the resources may be used to finance
programmes included in national budget. However a part of the
additional resources may also be set aside for specific sectors.
Article 1 0
Advances
The system for allocating additional resources shall provide for
advances to cover any delays in obtaining consolidated trade
statistics and to ensure that the resources in question can be
included in the budget of the year following the application year.
Advances shall be mobilised on the basis of provisional export
statistics drawn up by the government and submitted to the
Commission in advance of the official final consolidated statistics.
The maximum advance shall be 80 % of the estimated amount of
additional resources for the application year. The amounts thus
mobilised shall be adjusted by common agreement between the
Commission and the government in the light of final consolidated
export statistics and the final figure of the public deficit.
Article 1 1
The provisions in this Chapter shall be subject to review at the
latest after two years of operation and subsequently at the request
of either Party..
CHAPTER 4
OTHER PROVISIONS
Article 12
Current payments and capital movements
1. Without prejudice to paragraph 3 hereafter, the Parties undertake
to impose no restrictions on any payments, in freely convertible
currency, on the current account of balance of payments between
residents of the Community and of the ACP States.
2. With regard to transactions on the capital account of balance of
payments, the Parties undertake to impose no restrictions on the
free movement of capital relating to direct investments made in
companies formed in accordance with the law of the host country and
investments made in accordance with this Agreement, and the
liquidation or repatriation of these investments and of any profit
stemming therefrom.
3. Where one or more ACP State or one or more Member State of the
Community is in serious balance of payments difficulties, or under
threat thereof, the ACP State, the Member State or the Community
may, in accordance with the conditions established under the GATT,
GATS and Article VIII and XIV of the Articles of Agreement of the
International Monetary Fund, adopt restrictions on current
transactions which shall be of limited duration and may not go
beyond what is necessary to remedy the balance of payments
situation. The Party taking the measures shall inform the other
Parties forthwith and shall submit to them as soon as possible a
timetable for the elimination of the measures concerned.
Article 13
Qualification and treatment of business entities
As regards arrangements that may be applied in matters of
establishment and provision of services, the ACP States, on the one
hand, and the Member States, on the other, shall treat nationals and
companies or firms of the ACP States and nationals and companies or
firms of the Member States respectively on a non-discriminatory
basis. However, if, for a given activity, an ACP State or a Member
State is unable to provide such treatment, the ACP State or the
Member State, as the case may be, shall not be bound to accord such
treatment for that activity to the nationals and companies or firms
of the State concerned.
Article 14
Definition of "companies and firms"
1. For the purpose of this Agreement, "companies or firms of a
Member State or an ACP State" mean companies or firms constituted
under civil or commercial law, including corporations, whether
public or otherwise, cooperative societies and other legal persons
and partnerships governed by public or private law, save for those
which are non-profit-making, formed in accordance with the law of a
Member State or an ACP State and whose statutory office, central
administration or principal place of business is a Member State or
an ACP State.
2. However, a company or firm having only its statutory office in a
Member State or an ACP State must be engaged in an activity which
has an effective and continuous link with the economy of that Member
State or ACP State.
CHAPTER 5
INVESTMENT PROTECTION AGREEMENTS
Article 15
1. When implementing the provisions of Article 78 of this Agreement,
the Parties shall take into account the following principles:
(a) a Contracting State may request where appropriate, the
negotiation of an investment promotion and protection agreement with
another Contracting State;
(b) the States party to such agreements shall practise no
discrimination between Contracting States party to this Agreement or
against each other in relation to third countries when opening
negotiations for concluding, applying and interpreting bilateral or
multilateral investment promotion and protection agreements;
(c) the Contracting States shall have the right to request a
modification or adaptation of the non-discriminatory treatment
referred to above when international obligations or changed
circumstances so necessitate;
(d) the application of the principles referred to above does not
purport to and cannot in practice infringe the sovereignty of any
Contracting Party to the Agreement; and
(e) the relation between the date of entry into force of any
agreement negotiated, provisions for the settlement of disputes and
the date of the investments concerned will be set out in the said
agreement, account being taken of the provisions set out above. The
Contracting Parties confirm that retroactivity shall not apply as a
general principle unless Contracting States stipulate otherwise.
2. With a view to facilitating the negotiation of bilateral
agreements on investment promotion and protection, the Contracting
Parties agree to study the main clauses of a model protection
agreement. The study, drawing on the provisions of the existing
bilateral agreements between the States Parties, will give
particular attention to the following issues:
(a) legal guarantees to ensure fair and equitable treatment and
protection of foreign investors;
(b) the most-favoured-investor clause;
(c) protection in the event of expropiation and nationalisation;
(d) the transfer of capital and profits, and
(e) international arbitration in the event of disputes between
investor and host State.
3. The Parties agree to study the capacity of the guarantee systems
to give a positive answer to the specific needs of small and
medium-sized enterprises of insuring their investments in ACP
States. The studies referred to above shall be started as soon as
possible after the signing of the Agreement. The result of these
studies shall be submitted, upon completion to the ACP-EC
Development Finance Cooperation Committee for consideration and
appropriate action.
ANNEX III
INSTITUTIONAL SUPPORT - CDE AND CTA
Article 1
Cooperation shall support the institutional mechanisms that provide
assistance for businesses and enterprises and promote agriculture
and rural development. In this context, cooperation shall help to:
(a) strengthen and enhance the role of the Centre for the
Development of Enterprise (CDE) so as to provide the ACP private
sector with the necessary support in the promotion of private sector
development activities; and
(b) strengthen and reinforce the role of the Centre for the
Development of Agriculture (CTA) in ACP institutional capacity
development, particularly information management, in order to
improve access to technologies for increasing agricultural
productivity, commercialisation, food security and rural
development.
Article 2
CDE
1. The CDE shall support the implementation of private-sector
development strategies in the ACP countries by providing
non-financial services to ACP companies and businesses and support
to joint initiatives set up by economic operators of the Community
and of the ACP States.
2. The CDE shall aim to assist private ACP enterprises to become
more competitive in all sectors of the economy. It shall in
particular:
(a) facilitate and promote business cooperation and partnerships
between ACP and EU enterprises;
(b) assist with the development of business support services through
support for capacity building in private sector owned organisations
or support for providers of technical, professional, management,
commercial and training support services;
(c) provide assistance for investment promotion activities, such as
investment promotion organisations, organisation of investment
conferences, training programmes, strategy workshops and follow-up
investment promotion missions; and
(d) support for initiatives that contribute to develop and transfer
technologies and know-how and best practices on all aspects of
business management.
3. The CDE shall also:
(a) inform the ACP private sector about the provisions of the
Agreement;
(b) diffuse information within the local ACP private sector about
the product quality and standards required in external markets; and
(c) provide information to European companies and private sector
organisations on business opportunities and modalities in ACP
countries.
4. The CDE shall extend its support for enterprises through
qualified and competent national and/or regional service-providing
intermediaries.
5. The activities of the CDE shall be based on the concept of
coordination, complementarity and added value in respect of any
private sector development initiatives taken by public or private
entities. The CDE shall exercise selectivity in undertaking its
tasks.
6. The Committee of Ambassadors shall be the supervisory authority
of the Centre. It shall, after the signature of this Agreement:
(a) lay down the statutes and rules of procedure of the Centre,
including its supervisory bodies;
(b) lay down the statutes relating to staff, financial and staff
regulations; (c) supervise the work of the bodies of the Centre; and
(d) lay down the rules of operation and the procedures for the
adoption of the Centre's budget.
7. The Committee of Ambassadors shall, in accordance with the
procedures and criteria determined by it, appoint the members of the
bodies of the Centre.
8. The budget of the Centre shall be financed in accordance with the
rules laid down in this Agreement in respect of development finance
cooperation.
Article 3
CTA
1. The mission of the CTA shall be to strengthen policy and
institutional capacity development and information and communication
management capacities of ACP agricultural and rural development
organisations. It shall assist such organisations in formulating and
implementing policies and programmes to reduce poverty, promote
sustainable food security, preserve the natural resource base, and
thus contribute to building self-reliance in ACP rural and
agricultural development.
2. The CTA shall:
(a) develop and provide information services and ensure better
access to research, training and innovations in the spheres of
agricultural and rural development and extension, in order to
promote agriculture and rural development; and
(b) develop and reinforce ACP capacities in order to:
(i) improve the formulation and management of agricultural and rural
development policies and strategies at national and regional levels
including improved capacity for data collection, policy research,
analysis and formulation;
(ii) improve the information and communication management, in
particular within the National Agricultural Strategy;
(iii) promote effective intra-institutional Information and
Communication Management (ICM) for performance monitoring, as well
as consortia with regional and international partners;
(iv) promote decentralised ICM at local and national levels;
(v) strengthen initiatives via regional cooperation; and
(vi) develop approaches for assessing the impact of policy on
agricultural and rural development.
3. The Centre shall support regional initiatives and networks and
shall progressively share capacity development programmes with
appropriate ACP organisations. To this end, the Centre shall support
decentralised regional information networks. Such networks shall be
built up gradually and efficiently.
4. The Committee of Ambassadors shall be the supervisory authority
of the Centre. It shall, after the signature of this Agreement:
(a) lay down the statutes and rules of procedures of the Centre,
including its supervisory bodies;
(b) lay down the statutes relating to staff, financial and staff
regulations;
(c) supervise the work of the bodies of the Centre; and
(d) lay down the rules of operation and the procedures for the
adoption of the Centre's budget.
5. The Committee of Ambassadors shall, in accordance with the
procedures and criteria determined by it, appoint the members of the
bodies of the Centre.
6. The budget of the Centre shall be financed in accordance with the
rules laid down in this Agreement in respect of development finance
cooperation.
ANNEX IV
IMPLEMENTATION AND MANAGEMENT PROCEDURES
CHAPTER 1
PROGRAMMING (NATIONAL)
Article 1
Operations financed by grants within the framework of this Agreement
shall be programmed at the beginning of the period covered by the
Financial Protocol. Programming for this purpose shall mean:
(a) the preparation and development of a Country Support Strategy
(CSS) based on the country's own medium-term development objectives
and strategies;
(b) a clear indication from the Community of the indicative
programmable financial allocation from which the country may benefit
during the five-year period as well as any other relevant
information;
(c) the preparation and adoption of an indicative programme for
implementing the CSS; and
(d) a review process covering the CSS, the indicative programme and
the volume of resources allocated to it.
Article 2
Country support strategy
The CSS shall be prepared by the ACP State concerned and the EU
following consultations with a wide range of actors in the
development process, and shall draw on lessons learned and best
practices. Each CSS shall be adapted to the needs and respond to the
specific circumstances of each ACP State. The CSS shall be an
instrument to prioritise activities and to build local ownership of
cooperation programmes. Any divergences between the country's own
analysis and that of the Community shall be noted. The CSS shall
include the following standard elements:
(a) an analysis of the political, economic and social country
context, constraints, capacities and prospects including an
assessment of basic needs, such as income per capita, population
size and social indicators, and vulnerability;
(b) a detailed outline of the country's medium-term development
strategy, clearly defined priorities and expected financing
requirements;
(c) an outline of relevant plans and actions of other donors present
in the country, in particular including those of the EU Member
States in their capacity as bilateral donors;
(d) response strategies, detailing the specific contribution the EU
can provide. These shall, to the extent possible, enable
complementarity with operations financed by the ACP State itself and
by other donors present in the country; and
(e) a definition of the nature and scope of the most appropriate
support mechanisms to be applied in implementing the above
strategies.
Article 3
Resource allocation
1. Resource allocation shall be based on needs and performance, as
defined in this Agreement. In this context:
(a) needs shall be assessed on the basis of criteria pertaining to
per capita income, population size, social indicators and level of
indebtedness, export earning losses and dependence on export
earnings, in particular from the sectors of agriculture and mining.
Special treatment shall be accorded to the least developed ACP
States and the vulnerability of island and landlocked states shall
duly be taken into account. In addition, account shall be taken of
the particular difficulties of post-conflict countries; and
(b) performance shall be assessed in an objective and transparent
manner on the basis of the following parameters: progress in
implementing institutional reforms, country performance in the use
of resources, effective implementation of current operations,
poverty alleviation or reduction, sustainable development measures
and macroeconomic and sectoral policy performance.
2. The allocated resources shall comprise two elements:
(a) an allocation to cover macroeconomic support, sectoral policies,
programmes and projects in support of the focal or non focal areas
of Community assistance; and
(b) an allocation to cover unforeseen needs such as emergency
assistance where such support cannot be financed from the EU budget,
contributions to internationally agreed debt relief initiatives and
support to mitigate adverse effects of instability in export
earnings.
3. This indicative amount shall facilitate the long-term programming
of Community aid for the country concerned. Together with the
uncommitted balances of resources allocated to the country under
previous EDF, and wherever possible Community budget resources,
these allocations shall be the basis for the preparation of the
indicative programme for the country concerned.
4. Provision will be made for those countries which, due to
exceptional circumstances, can not access normal programmable
resources.
Article 4
Preparation and adoption of the indicative programme
1. Upon receipt of the information referred to above, each ACP State
shall draw up and submit to the Community a draft indicative
programme on the basis of and consistent with its development
objectives and priorities as expressed in the CSS. The draft
indicative programme shall contain:
(a) the focal sector, sectors or areas on which support should be
concentrated;
(b) the most appropriate measures and operations for attaining the
objectives and targets in the focal sector, sectors or areas;
(c) the resources reserved for projects and programmes outside the
focal sector(s) and/or the broad outlines of such activities, as
well as an indication of the resources to be deployed for each of
these elements;
(d) identification of eligible non-State actors and the resources
allocated for non-State actors;
(e) proposals for regional projects and programmes; and
(f) a reserve for insurance against possible claims and to cover
cost increases and contingencies.
2. The draft indicative programme shall, as appropriate, contain the
resources reserved to reinforce human, material and institutional
ACP capacity for preparing and implementing national and regional
indicative programmes and for improving the management of the ACP
States' public investment projects cycle.
3. The draft indicative programme shall be the subject of an
exchange of views between the ACP State concerned and the Community.
The indicative programme shall be adopted by common agreement
between the Community and the ACP State concerned. It shall, when
adopted, be binding on both the Community and that State. This
indicative programme shall be annexed to the CSS and shall in
addition contain:
(a) specific and clearly identified operations, especially those
that can be committed before the next review;
(b) a timetable for implementation and review of the indicative
programme, including commitments and disbursements of resources; and
(c) the parameters and criteria for the reviews.
4. The Community and the ACP State concerned shall take all
necessary measures to ensure that the programming process is
completed within the shortest possible time and, save in exceptional
circumstances, within twelve months of the signing of the Financial
Protocol. In this context, the preparation of the CSS and the
indicative programme must be part of a continuous process leading to
the adoption of a single document.
Article 5
Review process
1. Financial cooperation between the ACP State and the Community
shall be sufficiently flexible to ensure that operations are kept
constantly in line with the objectives of this Agreement and to take
account of any changes occurring in the economic situation,
priorities and objectives of the ACP State concerned. In this
context, the National Authorising Officer and the Head of Delegation
shall:
(a) annually undertake an operational review of the indicative
programme; and
(b) undertake a mid-term and end-of-term review of the CSS and the
indicative programme in the light of current needs and performance.
2. In exceptional circumstances referred to in the provisions on
humanitarian and emergency assistance, the review can be carried out
on the demand of either Party.
3. The National Authorising Officer and the Head of Delegation
shall:
(a) take all necessary measures to ensure adherence to the
provisions of the indicative programme, including ensuring that the
timetable of commitments and disbursements agreed at the time of
programming is adhered to; and
(b) determine any causes of delay in implementation and propose
suitable measures to remedy the situation.
4. The annual operational review of the indicative programme shall
consist of a joint assessment of the implementation of the programme
and take into account the results of relevant activities of
monitoring and evaluation. This review shall be conducted locally
and shall be finalised between the National Authorising Officer and
the Head of Delegation within a period of 60 days. It shall in
particular cover an assessment of:
(a) the results achieved in the focal sector(s) measured against the
identified targets and impact indicators and sectoral policy
commitments;
(b) projects and programmes outside the focal sector(s) and/or in
the framework of multi-annual programmes;
(c) the use of resources set aside for non-State actors;
(d) the effectiveness in implementation of current operations and
the extent to which the timetable for commitments and payments have
been respected; and
(e) an extension of the programming perspective for the following
years.
5. The National Authorising Officer and the Head of Delegation shall
submit the report on the conclusion of the annual review to the
Development Finance Cooperation Committee, within 30 days of the
completion of the operational review. The Committee shall examine
the report in accordance with its responsibilities and powers under
the Agreement.
6. In the light of the annual operational reviews, the National
Authorising Officer and the Head of Delegation may at the mid-term
and end-of-term reviews, and within the above time frames, review
and adapt the CSS:
(a) where operational reviews indicate specific problems; and/or
(b) in the light of changed circumstances of an ACP State.
Such reviews shall be completed within a further period of 30 days
of the finalisation of the mid-term and end-of-term reviews. The end
of Financial Protocol review shall also include adaptation for the
new financial protocol in terms of both resource allocation and
preparation for the next programme.
7. Following the completion of mid-term and end-of-term reviews, the
Community may revise the resource allocation in the light of current
needs and performance of the ACP State concerned.
CHAPTER 2
PROGRAMMING AND PREPARATION (REGIONAL)
Article 6
Participation
1. Regional cooperation shall cover operations benefiting and
involving:
(a) two or more or all ACP States; and/or
(b) a regional body of which at least two ACP States are members.
2. Regional cooperation can also involve Overseas Countries and
Territories and outermost regions. The funding to enable
participation of these territories shall be additional to funds
allocated to the ACP States under the Agreement.
Article 7
Regional programmes
The ACP States concerned shall decide on the definition of
geographical regions. To the maximum extent possible, regional
integration programmes should correspond to programmes of existing
regional organisations with a mandate for economic integration. In
principle, in case the membership of several relevant regional
organisations overlaps, the regional integration programme should
correspond to the combined membership of these organisations. In
this context, the Community will provide specific support from
regional programmes to groups of ACP States who are committed to
negotiate economic partnership agreements with the EU.
Article 8
Regional programming
1. Programming shall take place at the level of each region. The
programming shall be a result of an exchange of views between the
Commission and the duly mandated regional organisation(s) concerned,
and in the absence of such a mandate, the National Authorising
Officers of the countries in that region. Where appropriate,
programming may include a consultation with eligible non-State
actors.
2. Programming for this purpose shall mean:
(a) preparation and development of a Regional Support Strategy (RSS)
based on the region's own medium-term development objectives and
strategies;
(b) a clear indication from the Community of the indicative resource
allocation from which the region may benefit during the five-year
period as well as any other relevant information;
(c) preparation and adoption of a Regional Indicative Programme
(RIP) for implementing the RSS; and
(d) a review process covering the RSS, the RIP and the volume of
resources allocated to each region.
3. The RSS shall be prepared by the Commission and the duly mandated
regional organisation(s) in collaboration with the ACP States in the
region concerned. The RSS will be an instrument to prioritise
activities and to build local ownership of supported programmes. The
RSS shall include the following standard elements:
(a) an analysis of the political, economic and social context of the
region;
(b) an assessment of the process and prospects of regional economic
integration and integration into the world economy;
(c) an outline of the regional strategies and priorities pursued and
the expected financing requirements;
(d) an outline of relevant activities of other external partners in
regional cooperation; and
(e) an outline of the specific EU contribution towards achievement
of the goals for regional cooperation and integration, complementary
insofar as possible to operations financed by the ACP States
themselves and by other external partners, particularly the EU
Member States.
Article 9
Resource allocation
At the beginning of the period covered by the Financial Protocol,
each region shall receive from the Community an indication of the
volume of resources from which it may benefit during a five-year
period. The indicative resource allocation shall be based on an
estimate of need and the progress and prospects in the process of
regional cooperation and integration. In order to achieve an
adequate scale and to increase efficiency, regional and national
funds may be mixed for financing regional operations with a distinct
national component.
Article 10
Regional indicative programme
1. On the basis of the resource allocation indicated above, the duly
mandated regional organisation(s), and in the absence of such a
mandate, the National Authorising Officers of the countries in the
region, shall draw up a draft Regional Indicative Programme. In
particular, the draft programme shall specify:
(a) the focal sectors and themes of Community aid;
(b) the most appropriate measures and operations to achieve the
objectives set for those sectors and themes; and
(c) the projects and programmes enabling those objectives to be
attained, insofar as they have been clearly identified as well as an
indication of the resources to be deployed for each of these
elements and a timetable for their implementation.
2. The Regional Indicative Programmes shall be adopted by common
agreement between the Community and the ACP States concerned.
Article 11
Review processFinancial cooperation between each ACP region and the Community
shall be sufficiently flexible to ensure that operations are kept
constantly in line with the objectives of this Agreement and to take
account of any changes occurring in the economic situation,
priorities and objectives of the region concerned. A mid-term and
end-of-term review of the regional indicative programmes shall be
undertaken to adapt the indicative programme to evolving
circumstances and to ensure that they are correctly implemented.
Following the completion of mid-term and end-of-term reviews, the
Community may revise the resource allocation in the light of current
needs and performance.
Article 12
Intra-ACP cooperation
At the beginning of the period covered by the Financial Protocol,
the Community shall indicate to the ACP Council of Ministers the
part of the funds earmarked for regional operations that shall be
set aside for operations that benefit many or all ACP States. Such
operations may transcend the concept of geographic location.
Article 13
Requests for financing
1. Requests for financing of regional programmes shall be submitted
by:
(a) a duly mandated regional body or organisation; or
(b) a duly mandated sub-regional body, organisation or an ACP State
in the region concerned at the programming stage, provided that the
operation has been identified in the RIP.
2. Requests for intra-ACP programmes shall be submitted by:
(a) at least 3 mandated regional bodies or organisations belonging
to different geographic regions, or the National Authorising
Officers of such regions; or
(b) the ACP Council of Ministers, or, by specific delegation, the
ACP Committee of Ambassadors; or
(c) international organisations carrying out operations that
contribute to the objectives of regional cooperation and
integration, subject to prior approval by the ACP Committee of
Ambassadors.
Article 14
Procedures for implementation
1. Regional programmes shall be implemented by the requesting body
or any other duly authorised institution or body.
2. Intra-ACP programmes shall be implemented by the requesting body
or their duly authorised agent. In the absence of a duly authorised
implementing body, and without prejudice to ad hoc projects and
programmes managed by the ACP Secretariat, the Commission shall be
responsible for the implementation of intra-ACP operations.
3. Account being taken of the objectives and inherent
characteristics of regional cooperation, operations undertaken in
this sphere shall be governed by the procedures established for
development finance cooperation where applicable.
CHAPTER 3
PROJECT IMPLEMENTATION
Article 15
Project identification, preparation and appraisal
1. Projects and programmes that have been presented by the ACP State
shall be subject to joint appraisal. The ACP-EC Development Finance
Cooperation Committee shall develop the general guidelines and
criteria for appraisal of projects and programmes.
2. Project or programme dossiers prepared and submitted for
financing must contain all information necessary for the appraisal
of the projects or programmes or, where such projects and programmes
have not been completely defined, provide the broad outlines
necessary for their appraisal. Such dossiers shall be officially
transmitted to the Community by the ACP States or the other eligible
beneficiaries in accordance with this Agreement.
3. Project and programme appraisal shall, take due account of
national human resource constraints and ensure a strategy favourable
to the promotion of such resources. It shall also take into account
the specific characteristics and constraints of each ACP State.
Article 16
Financing proposal and decision
1. The conclusions of the appraisal shall be summarised in a
financing proposal drawn up by the Community in close collaboration
with the ACP State concerned. This financing proposal shall be
submitted for approval by the Commission's decision-making body.
2. The financing proposal shall contain an advance timetable for the
technical and financial implementation of the project or programme,
including multi-annual programmes and global allocations for
operations of a small financial scale, and shall deal with the
duration of the different phases of implementation. The financing
proposal shall:
(a) take into account the comments of the ACP State or States
concerned; and
(b) be forwarded simultaneously to the ACP State or States concerned
and the Community.
3. The Commission shall finalise the financing proposal and forward
it, with or without amendment, to the Community's decision-making
body. The ACP State or States concerned shall be given an
opportunity to comment on any amendment of substance which the
Commission intends to make to the document. These comments shall be
reflected in the amended financing proposal.
4. The Community's decision-making body shall communicate its
decision within 120 days from the date of communication of the
financial proposal referred to above.
5. Where the financing proposal is not adopted by the Community, the
ACP State or States concerned shall be informed immediately of the
reasons for that decision. In such a case, the representatives of
the ACP State or States concerned may, within 60 days thereafter,
request either:
(a) that the matter be referred to the ACP-EC Development Finance
Cooperation Committee set up under the Agreement; or
(b) that they be given a hearing by the Community's decision-making
body.
6. Following such a hearing, a definitive decision to adopt or
reject the financing proposal shall be taken by the relevant
Community body to which the ACP State or States concerned may
forward, before the decision is taken, any facts which may appear
necessary to supplement the information available to it.
7. Multi-annual programmes shall, inter alia, finance training,
decentralised operations, micro-projects, trade promotion and trade
development, sets of operations of a limited scale in a specific
sector, project/programme management support and technical
cooperation.
8. In cases referred to above, the ACP State concerned may submit to
the Head of Delegation a multi-annual programme setting out its
broad outlines, the types of actions envisaged and the financial
commitment proposed:
(a) the financing decision on each multi-annual programme shall be
taken by the Chief Authorising Officer. The letter from the Chief
Authorising Officer to the National Authorising Officer notifying
such decision shall constitute the financing agreement; and
(b) within the framework of multi-annual programmes thus adopted,
the National Authorising Officer or, when the case arises, the agent
of decentralised cooperation which has been delegated functions for
this purpose or, in appropriate cases, other eligible beneficiaries
shall implement each individual action in accordance with the
relevant provisions of this Agreement and the terms of the financing
agreement referred to above. Where implementation is to be carried
out by agents of decentralised cooperation or other eligible
beneficiaries, the National Authorising Officer and the Head of
Delegation shall maintain financial responsibility and monitor the
operations regularly with a view to enabling them, inter alia, to
carry out their obligations.
9. At the end of each year, the National Authorising Officer in
consultation with the Head of Delegation, shall forward a report to
the Commission on the implementation of the multi-annual programmes.
Article 17
Financing agreement
1. Save as otherwise provided for in this Agreement, for any project
or programme financed by a grant from the Fund, a financing
agreement shall be drawn up between the Commission and the ACP State
or States concerned. Where the direct beneficiary is not an ACP
State, the Commission shall formalise the financing decision by
means of an exchange of letters with the beneficiary concerned.
2. The financing agreement shall be drawn up between the Commission
and the ACP State or States concerned within 60 days of the decision
of the Community's decision-making body. The agreement shall:
(a) specify, in particular the details of the Fund's financial
commitment and the financing arrangements and terms, the general and
specific provisions relating to the project or programme concerned
and shall also incorporate the advance timetable for the technical
implementation of the project or programme contained in the
financing proposal; and
(b) make adequate provision for appropriations to cover cost
increases and contingencies.
3. Once the financing agreement has been signed, disbursements shall
be made in accordance with the financing plan laid down therein. Any
unexpended balance left upon closure of the accounts of projects and
programmes shall accrue to the ACP State concerned and shall be so
specified in the Fund's books. It may be used in the manner laid
down in this Agreement for the financing of projects and programmes.
Article 18
Cost over-runs
1. Once it appears that cost over-runs beyond the limit set in the
financing agreement are likely to be incurred, the National
Authorising Officer shall, through the Head of Delegation, notify
the Chief Authorising Officer accordingly, as well as of the
measures which the National Authorising Officer intends to take in
order to cover such cost over-runs over the allocated
appropriations, either by reducing the scale of the project or
programme or by calling on national or other non-Community
resources.
2. If it is decided by agreement with the Community not to scale
down the project or programme or if it is not possible to cover them
by other resources, then such over-runs may be financed up to 20% of
the financial commitment for the project or programme concerned from
the indicative programme.
Article 19
Retroactive financing
1. In order to ensure early project start-up, avoid gaps between
sequential projects and prevent delays, the ACP States, in agreement
with the Commission, may, on completion of project appraisal and
before the financing decision is taken:
(a) issue invitations to tender for all types of contracts, with a
suspension clause; and
(b) pre-finance activities linked to the start-up of programmes,
preliminary and seasonal work, orders for equipment with long
delivery lead times as well as some on-going operations. Such
expenditures must satisfy the procedures provided for in the
Agreement.
3. Expenditure made by the ACP State in pursuance of this provision
shall be retroactively financed under the project or programme, once
the financing agreement is signed.
CHAPTER 4
COMPETITION AND PREFERENCES
Article 20
Eligibility
Save where a derogation is granted in accordance with the General
Regulations for contracts or Article 22:
(a) participation in invitations to tender and the award of the
contracts financed by the Fund shall be open on equal terms to:
(i) natural persons, companies or firms or public or semi-public
agencies of the ACP States and the Member States;
(ii) cooperative societies and other legal persons governed by
public or private law, of the Member States and/or the ACP States;
and
(iii) joint ventures or groupings of companies or firms of ACP
States and/or of a Member State.
(b) supplies must originate in the Community and/or the ACP States.
In this context, the definition of the concept of "originating
products" shall be assessed by reference to the relevant
international agreements and supplies originating in the Community
shall include supplies originating in the Overseas Countries and
Territories.
Article 21
Participation on equal terms
The ACP States and the Commission shall take the necessary measures
to ensure the widest possible participation on equal terms in
invitations to tender for works, supplies and services contracts,
including, as appropriate, measures to:
(a) ensure publication of invitations to tender in the Official
Journal of the European Communities, the Internet, the Official
Journals of all the ACP States and any other appropriate information
media;
(b) eliminate discriminatory practices or technical specifications
which might stand in the way of widespread participation on equal
terms;
(c) encourage cooperation between the companies and firms of the
Member States and of the ACP States;
(d) ensure that all the awarding criteria are specified in the
tender dossier; and
(e) ensure that the tender selected conforms to the requirements of
the tender dossier and meets the awarding criteria stated therein.
Article 22
Derogation
1. In order to ensure the optimum cost-effectiveness of the system,
natural or legal persons from non-ACP developing countries may be
authorised to participate in contracts financed by the Community at
the request of the ACP States concerned. The ACP States concerned
shall, on each occasion, provide the Head of Delegation with the
information needed for the Community to decide on such derogation,
with particular attention being given to:
(a) the geographical location of the ACP State concerned;
(b) the competitiveness of contractors, suppliers and consultants
from the Member States and the ACP States;
(c) the need to avoid excessive increases in the cost of performance
of the contract;
(d) transport difficulties or delays due to delivery times or other
similar problems; and
(e) technology that is the most appropriate and best suited to local
conditions.
2. Participation by third countries in contracts financed by the
Community may also be authorised:
(a) where the Community participates in the financing of regional or
inter-regional schemes involving such countries;
(b) in the case of co-financing projects and programmes; and
(c) in the case of emergency assistance.
3. In exceptional cases and in agreement with the Commission,
consultancy firms with experts who are nationals of third countries
may participate in service contracts.
Article 23
Competition
1. To simplify and streamline the general rules and regulations for
competition and preferences for EDF financed operations, contracts
shall be awarded through open and restricted procedures as well as
framework contract, direct agreement contracts and direct labour as
follows:
(a) open international invitation to tender through or after the
publication of a procurement notice in accordance with the
provisions of this Agreement;
(b) open local invitation to tender where the procurement notice is
published exclusively in the beneficiary ACP State;
(c) restricted international invitation to tender where the
Contracting Authority invites a limited number of candidates to take
part in the call for tender after the publication of a
pre-information notice;
(d) direct agreement contracts which involve simplified procedure
where the publication of the procurement notice is dispensed with
and the Contracting Authority invites a limited number of service
providers to present their offers; and
(e) direct labour agreement where contracts are performed through
public or semi-public agencies and departments of the beneficiary
States concerned.
2. Contracts financed from the Fund shall be concluded in accordance
with the following provisions:
(a) works contracts of a value:
(i) higher than EUR 5000000 shall be awarded in an open
international invitation to tender;
(ii) between EUR 300000 and EUR 5000000 shall be awarded through an
open local invitation to tender; and
(iii) lower than EUR 300000 shall be awarded by direct agreement
contract which involves a simplified procedure without publication
of a procurement notice.
(b) supply contracts of a value:
(i) higher than EUR 150000 shall be awarded through an open
international invitation to tender;
(ii) between EUR 30000 and EUR 150000 shall be awarded through an
open local invitation to tender; and
(iii) below EUR 30000 shall be awarded by direct agreement contract
which involves a simplified procedure without publication of a
procurement notice.
(c) service contracts of a value:
(i) higher than EUR 200000 shall be awarded through a restricted
international tender after publication of a procurement notice; and
(ii) below EUR 200000 shall be awarded by direct agreement contract
which involves a simplified procedure or a framework contract.
3. For works, supply and service contracts with a value of EUR 5000
or less, these can be awarded directly without competition.
4. In case of restricted invitation to tender, a short-list of
prospective tenderers shall be drawn up by the ACP State or States
concerned in agreement with the Head of Delegation following, where
applicable, a call for pre-qualification of tenders based on the
publication of a procurement notice.
5. In case of direct-agreement contracts, the ACP State shall enter
freely into such discussions as it may consider appropriate with the
prospective tenderers whom it has short-listed in accordance with
the Articles 20 to 22 and award the contract to the tenderers whom
it has selected.
6. The ACP States may request the Commission to negotiate, draw up,
conclude and implement service contracts directly on their behalf or
through its relevant agency.
Article 24
Direct labour
1. In case of direct labour operations, projects and programmes
shall be implemented through public or semi-public agencies or
departments of the State or States concerned or by the person
responsible for executing the operation.
2. The Community shall contribute to the costs of the department
involved by providing the equipment and/or materials that it lacks
and/or resources to allow it to acquire additional staff required in
the form of experts from within the ACP States concerned or other
ACP States. The participation of the Community shall cover only
costs incurred by supplementary measures and temporary expenditure
relating to execution strictly confined to the requirements of the
project in question.
Article 25
Emergency assistance contracts
Contracts under emergency assistance shall be undertaken in such a
way as to reflect the urgency of the situation. To this end, for all
operations relating to emergency assistance, the ACP State may, in
agreement with the Head of Delegation, authorise:
(a) the conclusion of contracts by direct agreement;
(b) the performance of contracts by direct labour;
(c) implementation through specialised agencies; and
(d) direct implementation by the Commission.
Article 26
Preferences
Measures shall be taken to encourage the widest participation of the
natural and legal persons of ACP States in the performance of
contracts financed by the Fund in order to permit the optimisation
of the physical and human resources of those States. To this end:
(a) for works contracts of a value of less than EUR 5000000,
tenderers of the ACP States, provided that at least one quarter of
the capital stock and management staff originates from one or more
ACP States, shall be accorded a 10 % price preference where tenders
of an equivalent economic, technical and administrative quality are
compared;
(b) for supply contracts, irrespective of the value of the supplies,
tenderers of the ACP States who offer supplies of at least 50 % in
contract value of ACP origin, shall be accorded a 15 % price
preference where tenders of equivalent economic, technical and
administrative quality are compared;
(c) in respect of service contracts, given the required competence,
preference shall be given to;
(i) experts, institutions or consultancy companies or firms from ACP
States where tenders of equivalent economic and technical quality
are compared,
(ii) offers submitted by an ACP firm in a consortium with European
partners, and
(iii) offers presented by European tenderers with ACP
sub-contractors or experts.
(d) where subcontracting is envisaged, preference shall be given by
the successful tenderer to natural persons, companies and firms of
ACP States capable of performing the contract required on similar
terms; and
(e) the ACP State may, in the invitation to tender, propose to the
prospective tenderers the assistance of other ACP States' companies
or firms or national experts or consultants selected by mutual
agreement. This cooperation may take the form either of a joint
venture, or of a subcontract or of on-the-job training of trainees.
Article 27
Award of contracts
1. Without prejudice to Article 24, the ACP State shall award the
contract to the tenderer:
(a) whose tender is found to be responsive to the tender dossier;
(b) for a works or supply contract, who has offered the most
advantageous tender as assessed, inter alia, on the basis of:
(i) the price, the operating and maintenance costs;
(ii) the qualifications of, and the guarantees offered by the
tenderers, as well as the technical qualities of the tender,
including the offer of an after-sales service in the ACP State; and
(iii) the nature of, the conditions and the time limit for executing
the contracts, and the adaptation to local conditions.
(c) for a service contract who offers the most advantageous tender
taking into account, inter alia, the price, the technical value of
the tender, the organisation and the methodology proposed for the
provision of the services as well as the competence, independence
and availability of the personnel proposed.
2. Where two tenders are acknowledged to be equivalent on the basis
of the criteria stated above, preference shall be given:
(a) to the tenderer of an ACP State; or
(b) if no such tender is forthcoming, to the tenderer who:
(i) permits the best possible use of the physical and human
resources of the ACP States;
(ii) offers the greatest subcontracting possibilities to ACP
companies, firms or natural persons; or
(iii) is a consortium of natural persons, companies and firms from
ACP States and the Community.
Article 28
General regulations for contracts
1. The award of contracts financed from the resources of the Fund
shall be governed by this Annex and the procedures which shall be
adopted by decision of the Council of Ministers at the first meeting
following the signing of this Agreement, upon the recommendation of
the ACP-EC Development Finance Cooperation Committee. These
procedures shall respect the provisions of this Annex and the
Community's procurement rules for cooperation with third countries.
2. Pending the adoption of these procedures, the current EDF rules
as contained in the current general regulations and general
conditions of contracts shall apply.
Article 29
General conditions for contracts
Performance of works, supply and service contracts financed from the
resources of the Fund shall be governed by:
(a) the general conditions applicable to contracts financed by the
Fund which shall be adopted by decision of the Council of Ministers
at the first meeting following the signing of this Agreement, upon
the recommendation of the ACP-EC Development Finance Cooperation
Committee; or
(b) in the case of co-financed projects and programmes, or where a
derogation to third parties has been granted or in accelerated
procedures or in other appropriate cases, such other general
conditions as may be agreed by the ACP State concerned and the
Community, i.e.:
(i) the general conditions for contracts prescribed by the national
legislation of the ACP State concerned or its established practices
regarding international contracts; or
(ii) any other international general conditions for contracts.
Article 30
Settlement of disputes
Any dispute arising between the authorities of an ACP State and a
contractor, supplier or provider of services during the performance
of a contract financed by the Fund shall:
(a) in the case of a national contract, be settled in accordance
with the national legislation of the ACP State concerned; and
(b) in the case of a transnational contract be settled either:
(i) if the Parties to the contract so agree, in accordance with the
national legislation of the ACP State concerned or its established
international practices; or
(ii) by arbitration in accordance with the procedural rules which
will be adopted by decision of the Council of Ministers at the first
meeting following the signing of this Agreement, upon the
recommendation of the ACP-EC Development Finance Cooperation
Committee.
Article 31
Tax and customs arrangements
1. The ACP States shall apply to contracts financed by the Community
tax and customs arrangements no less favourable than those applied
by them to the most favoured States or international development
organisations with which they have relations. For the purpose of
determining the most-favoured-nation (MFN) treatment, account shall
not be taken of arrangements applied by the ACP State concerned to
other ACP States, or to other developing countries.
2. Subject to the above provisions the following shall apply to
contracts financed by the Community:
(a) the contract shall not be subject in the beneficiary ACP State
to stamp or registration duties or to fiscal charges having
equivalent effect, whether such charges already exist or are to be
instituted in the future; however, such contracts shall be
registered in accordance with the laws in force in the ACP State and
a fee corresponding to the service rendered may be charged for it;
(b) profits and/or income arising from the performance of contracts
shall be taxable according to the internal fiscal arrangements of
the ACP State concerned, provided that the natural or legal persons
who realise such profit and/or income have a permanent place of
business in that State, or that the performance of the contract
takes longer than six months;
(c) enterprises which must import professional equipment in order to
carry out works contracts shall, if they so request, benefit from
the system of temporary admission as laid down by the national
legislation of the beneficiary ACP State in respect of the said
equipment;
(d) professional equipment necessary for carrying out tasks defined
in a service contract shall be temporarily admitted into the
beneficiary ACP State or States in accordance with its national
legislation free of fiscal, import and customs duties and of other
charges having equivalent effect where these duties and charges do
not constitute remuneration for services rendered;
(e) imports under supply contracts shall be admitted into the
beneficiary ACP State without customs duties, import duties, taxes
or fiscal charges having equivalent effect. The contract for
supplies originating in the ACP State concerned shall be concluded
on the basis of the ex-works price of the supplies to which may be
added such internal fiscal charges as may be applicable to those
supplies in the ACP State;
(f) fuels, lubricants and hydrocarbon binders and, in general, all
materials used in the performance of works contracts shall be deemed
to have been purchased on the local market and shall be subject to
fiscal rules applicable under the national legislation in force in
the beneficiary ACP State; and
(g) personal and household effects imported for use by natural
persons, other than those recruited locally, engaged in carrying out
tasks defined in a service contract and members of their families,
shall be exempt from customs or import duties, taxes and other
fiscal charges having equivalent effect, within the limit of the
national legislation in force in the beneficiary ACP State.
3. Any matter not covered by the above provisions on tax and customs
arrangements shall remain subject to the national legislation of the
ACP State concerned.
CHAPTER 5
MONITORING AND EVALUATION
Article 32
Objectives
The objective of monitoring and evaluation shall consist in the
regular assessment of development operations (preparation,
implementation and subsequent operation) with a view to improving
the development effectiveness of on-going and future operations.
Article 33
Modalities
1. Without prejudice to evaluations carried out by the ACP States or
the Commission, this work will be done jointly by the ACP State(s)
and the Community. The ACP-EC Development Finance Cooperation
Committee shall ensure the joint character of the joint monitoring
and evaluation operations. In order to assist the ACP-EC Development
Finance Cooperation Committee, the Commission and the ACP General
Secretariat shall prepare and implement the joint monitoring and
evaluations and report to the Committee. The Committee shall, at its
first meeting after the signature of the Agreement, fix the
operational modalities aimed at ensuring the joint character of the
operations and shall, on a yearly basis, approve the work programme.
2. Monitoring and evaluation activities shall notably:
(a) provide regular and independent assessments of the Fund's
operations and activities by comparing results with objectives; and
thereby
(b) enable the ACP States and the Commission and the Joint
Institutions, to feed the lessons of experience back into the design
and execution of future policies and operations.
CHAPTER 6
MANAGEMENT AND EXECUTING AGENTS
Article 34
The Chief Authorising Officer
1. The Commission shall appoint the Chief Authorising Officer of the
Fund, who shall be responsible for managing the resources of the
Fund. The Chief Authorising Officer shall be responsible for
commitment, clearance, authorisation and accounting of expenditure
under the Fund.
2. The Chief Authorising Officer shall:
(a) commit, clear and authorise expenditure and keep accounts of
commitments and authorisations;
(b) ensure that financing decisions are carried out;
(c) in close cooperation with the National Authorising Officer, make
commitment decisions and financial arrangements that prove necessary
to ensure proper execution of approved operations from the economic
and technical viewpoints;
(d) prepare the tender dossier before the invitations to tender are
issued, for:
(i) open international tender, and
(ii) restricted international invitation to tender with
prequalification.
(e) approve the proposals for the placing of contracts subject to
the powers exercised by the Head of Delegation under Article 36;
(f) ensure publication in reasonable time of international
invitations to tender.
3. The Chief Authorising Officer shall, at the end of each year,
make available a detailed balance sheet of the Fund showing balances
of contributions paid into the Fund by the Member States and global
disbursements in respect of each financing heading.
Article 35
National Authorising Officer
1. The Government of each ACP States shall appoint a National
Authorising Officer to represent it in all operations financed from
the resources of the Fund managed by the Commission and the Bank.
The National Authorising Officer may delegate some of these
functions and shall inform the Chief Authorising Officer of any such
delegation. The National Authorising Officer shall:
(a) in close cooperation with the Head of Delegation be responsible
for the preparation, submission and appraisal of projects and
programmes;
(b) in close cooperation with the Head of Delegation, issue
invitations for local open tender, receive tenders, both local and
international( open and restricted), preside over the examination of
tenders, establish the results of this examination, sign contracts
and riders thereto and approve expenditure;
(c) submit, before issuing local open invitations to tender, the
invitation to tender dossier to the Head of Delegation who shall
give his agreement within 30 days;
(d) complete the evaluation of tenders within the tender validity
period taking into consideration the period required for the
approval of contracts;
(e) transmit the results of the examination of and a proposal for
placing the contract to the Head of Delegation for his approval
within the time limits set out in Article 36;
(f) clear and authorise expenditure within the limits of the funds
assigned to him; and
(g) during the execution operations, make any adaptation
arrangements necessary to ensure the proper execution of approved
projects or programmes from the economic and technical viewpoint.
2. The National Authorising Officer shall, during the execution of
operations and subject to the requirement to inform the Head of
Delegation, decide on:
(a) technical adjustments and alterations in matters of detail so
long as they do not affect the technical solution adopted and remain
within the limits of the reserve for adjustments;
(b) alterations to estimates during execution;
(c) transfers from item to item within estimates;
(d) changes of site for multiple-unit projects or programmes where
justified on technical, economic or social grounds;
(e) imposition or remission of penalties for delay;
(f) acts discharging guarantors;
(g) purchase of goods, irrespective of their origin, on the local
market;
(h) use of construction equipment and machinery not originating in
the Member States or ACP States provided there is no production of
comparable equipment and machinery in the Member States or ACP
States;
(i) subcontracting;
(j) final acceptance, provided that the Head of Delegation is
present at provisional acceptance, endorses the corresponding
minutes and, where appropriate, is present at the final acceptance,
in particular where the extent of the reservations recorded at the
provisional acceptance necessitates major additional work; and
(k) hiring of consultants and other technical assistance experts.
Article 36
Head of delegation
1. The Commission shall be represented in each ACP State or in each
regional grouping, which expressly so requests, by a delegation
under the authority of a Head of Delegation, with the approval of
the ACP State or States concerned. Where a Head of Delegation is
appointed to a group of ACP States, appropriate steps shall be taken
to ensure that the Head of Delegation is represented by a deputy
resident in each of the States in which the Head of Delegation is
not resident. The Head of Delegation shall represent the Commission
in all spheres of its competence and in all its activities.
2. To this end, and in close cooperation with the National
Authorising Officer, the Head of Delegation shall:
(a) at the request of the ACP State concerned, participate and give
assistance in the preparation of projects and programmes and in
negotiating technical assistance contracts;
(b) participate in appraising projects and programmes, preparing
tender dossiers and seeking ways to simplify project and programme
appraisal and implementation procedures;
(c) prepare financing proposals;
(d) approve, before the National Authorising Officer issues them,
the local open invitation to tender and the emergency assistance
contract dossiers within 30 days of their submission to him by the
National Authorising Officer;
(e) be present at the opening of tenders and receive copies of them
and of the results of their examination;
(f) approve, within 30 days, the National Authorising Officer's
proposal for the placing of local open tenders, direct agreement
contracts, emergency assistance contracts, service contracts and
works contracts with a value less than EUR 5 million and supply
contracts with a value less than EUR 1 million;
(g) for all other contracts not covered by the above, approve within
30 days the National Authorising Officer's proposal for the placing
of the contract wherever the following conditions are fulfilled:
(i) the tender selected is the lowest of those conforming to the
requirements of the tender dossier;
(ii) the tender selected meets all the selection criteria stated in
the tender dossier; and
(iii) the tender selected does not exceed the sum earmarked for the
contract.
(h) where the conditions set out in paragraph (g) are not fulfilled,
forward the proposal to the Chief Authorising Officer who shall
decide thereon within 60 days of the receipt of the Head of
Delegation. Where the price of the selected tender exceeds the sum
earmarked for the contract, the Chief Authorising Officer shall,
upon giving approval to the award, make the necessary financial
commitment;
(i) endorse contracts and estimates in the case of direct labour,
riders thereto as well as payment authorisations issued by the
National Authorising Officer;
(j) ensure that the projects and programmes financed from the
resources of the Fund managed by the Commission are properly
executed from the financial and technical viewpoints;
(k) cooperate with the national authorities of the ACP State where
he represents the Commission in evaluating operations regularly;
(l) communicate to the ACP State all information and relevant
documents on the procedures for implementing development finance
cooperation especially as regards appraisal criteria and tender
evaluation criteria; and
(m) on a regular basis, inform the national authorities of Community
activities which may directly concern cooperation between the
Community and the ACP States.
3. The Head of Delegation shall have the necessary instructions and
delegated powers to facilitate and expedite all operations under the
Agreement. Any further delegation of administrative and/or financial
powers to the Head of Delegation other than described in this
Article shall be notified to the National Authorising Officers and
the Council of Ministers.
Article 37
Payments and paying agents
1. For the purpose of effecting payments in the national currencies
of the ACP States, accounts denominated in the currencies of the
Members States or in Euro shall be opened in each ACP State in the
name of the Commission with a national public or semi-public
financial institution chosen by agreement between the ACP State and
the Commission. This institution shall exercise the functions of
National Paying Agent.
2. The National Paying Agent shall receive no remuneration for its
services and no interest shall be payable by it on deposited funds.
The local accounts shall be replenished by the Commission in the
currency of one of the Member States or in Euro, based on estimates
of future cash requirements, which shall be made sufficiently in
advance to avoid the need for pre-financing by ACP States and to
prevent delayed disbursements.
3. For the purpose of effecting payments in Euro, accounts
denominated in Euro shall be opened in the name of the Commission
with financing institutions in the Member States. These institutions
shall exercise the functions of Paying Agents in Europe.
4. Payments from the European accounts, which will be executed on
the instruction of the Commission or by the Head of Delegation
acting on its behalf, may be made in respect of expenditure
authorised by the National Authorising Officer or by the Chief
Authorising Officer with the prior authorisation of the National
Authorising Officer.
5. Within the limits of the funds available in the accounts, the
Paying Agents shall make disbursements authorised by the National
Authorising Officer or, as appropriate, the Chief Authorising
Officer, after verifying that the supporting documents provided are
substantially correct and in order, and that the discharge given for
payment is valid.
6. The procedures for clearance, authorisation and payment of
expenditure must be completed within a period of 90 days from the
date on which the payment becomes due. The National Authorising
Officer shall process and deliver the payment authorisation to the
Head of Delegation not later than 45 days before the due date.
7. Claims for delayed payments shall be borne by the ACP State or
States concerned, and by the Commission from its own resources, for
that part of the delay for which each party is responsible in
accordance with the above procedures.
8. The Paying Agents, the National Authorising Officer, the Head of
Delegation and the responsible Commission departments shall remain
financially liable until the Commission gives final clearance for
the operations for the execution of which they are responsible.
ANNEX V
TRADE REGIME APPLICABLE DURING THE PREPARATORY PERIOD REFERRED TO IN
ARTICLE 37 (1)
CHAPTER 1
GENERAL TRADE ARRANGEMENTS
Article 1
Products originating in the ACP States shall be imported into the
Community free of customs duties and charges having equivalent
effect.
(a) For products originating in the ACP States:
- listed in Annex I to the Treaty where they come under a common
organization of the market within the meaning of Article 34 of the
Treaty, or
- subject, on import into the Community, to specific rules
introduced as a result of the implementation of the common
agricultural policy,
the Community shall take the necessary measures to ensure more
favorable treatment than that granted to third countries benefiting
from the most-favored-nation clause for the same products.
(b) If, during the application of this Annex, the ACP States request
that new lines of agricultural production or agricultural products
which are not the subject of specific arrangements when this Annex
enters into force should benefit from such arrangements, the
Community shall examine these requests in consultation with the ACP
States.
(c) Notwithstanding the above, the Community shall, in the context
of the special relations and special nature of ACP-EC cooperation,
examine on a case-by-case basis the requests from the ACP States for
preferential access for their agricultural products to the Community
market and shall notify its decision on these reasoned requests if
possible within four months, and in any case not more than six
months after the date of their submission.
Within the context of subparagraph (a), the Community shall take its
decisions in particular with reference to concessions granted to
developing third countries. It shall take account of the
possibilities offered by the off-season market.
(d) The arrangements referred to in subparagraph (a) shall enter
into force at the same time as this Agreement and shall remain
applicable for the duration of the preparatory period defined in
Article 37(1) of the Agreement.
However, if during this period, the Community:
- subjects one or more products to common organization of the market
or to specific rules introduced as a result of the implementation of
the common agricultural policy, it shall reserve the right to adapt
the import treatment for those products originating in the ACP
States, following consultations within the Council of Ministers. In
such cases, the provisions of subparagraph (a) shall be applicable;
- modifies the common organization of the market in a particular
product or the specific rules introduced as a result of the
implementation of the common agricultural policy, it shall reserve
the right to modify the arrangements laid down for products
originating in the ACP States, following consultations within the
Council of Ministers. In such cases the Community shall undertake to
ensure that products originating in the ACP States continue to enjoy
an advantage comparable to that previously enjoyed in relation to
products originating in third countries benefiting from the
most-favored-nation clause.
(e) Where the Community intends to conclude a preferential agreement
with third States it shall inform the ACP States thereof.
Consultations shall take place where the ACP States so request in
order to safeguard their interests.
Article 2
1. The Community shall not apply to imports of products originating
in the ACP States any quantitative restrictions or measures having
equivalent effect.
2. Paragraph 1 shall not preclude prohibitions or restrictions on
imports, exports or goods in transit justified on grounds of public
morality, public policy or public security, the protection of health
and life of humans, animals and plants, the protection of national
treasures possessing artistic, historic or archaeological value,
conservation of exhaustible natural resources if such measures are
made effective in conjunction with restrictions on domestic
production or consumption, or the protection of industrial and
commercial property.
3. Such prohibitions or restrictions shall in no case constitute a
means of arbitrary or unjustifiable discrimination or a disguised
restriction of trade generally.
In cases where implementation of the measures referred to in
paragraph 2 affects the interests of one or more ACP States,
consultation shall be held at the request of the latter, in
accordance with the provisions of Article 12 of this Agreement, with
a view to reaching a satisfactory solution.
Article 3
1. Where new measures or measures stipulated in programmes adopted
by the Community for the approximation of laws and regulations in
order to facilitate the movement of goods are likely to affect the
interests of one or more ACP States, the Community shall, prior to
adopting such measures, inform the ACP States thereof through the
Council of Ministers.
2. In order to enable the Community to take into consideration the
interests of the ACP State concerned, consultations shall be held at
the request of the latter in accordance with the provisions of
Article 12 of this Agreement, with a view to reaching a satisfactory
solution.
Article 4
1. Where existing Community rules or regulations adopted in order to
facilitate the movement of goods affect the interests of one or more
ACP States or where these interests are affected by the
interpretation, application or administration of such rules or
regulations, consultations shall be held at the request of the ACP
States concerned with a view to reaching a satisfactory solution.
2. With a view to finding a satisfactory solution, the ACP States
may also bring up within the Council of Ministers any other problems
relating to the movement of goods which might result from measures
taken or envisaged by the Member States.
3. The relevant institutions of the Community shall, to the greatest
possible extent, inform the Council of Ministers of such measures in
order to ensure effective consultations.
Article 5
1. The ACP States shall not be required to assume, in respect of
imports of products originating in the Community, obligations
corresponding to the commitment entered into by the Community under
this Annex in respect of imports of the products originating in the
ACP States.
(a) In their trade with the Community, the ACP States shall not
discriminate among the Member States and shall grant to the
Community treatment no less favorable than most-favoured-nation
treatment.
(b) The most-favoured-nation treatment referred to in subparagraph
(a) shall not apply in respect of trade or economic relations
between ACP States or between one or more ACP States and other
developing countries.
Article 6
Each Party shall communicate its customs tariff to the Council of
Ministers within three months of the entry into force of this Annex.
Each Party shall also communicate any subsequent amendments to its
tariff as and when they come into force.
Article 7
1. The concept of "originating products" for the purposes of
implementing this Annex, and the methods of administrative
cooperation relating thereto, are defined in Protocol annexed
hereto.
3. Where the concept of "originating products" has not yet been
defined for a given product pursuant to paragraphs 1 or 2, each
Contracting Party shall continue to apply its own rules.
Article 8
1. Where any product is being imported into the Community in such
increased quantities and under such conditions as to cause or
threaten to cause serious injury to its domestic producers of like
or directly competitive products or serious disturbances in any
sector of the economy or difficulties which could bring about
serious deterioration in the economic situation of a region, the
Community may take appropriate measures under the conditions and in
accordance with the procedures laid down in Article 9.
2. The Community undertakes not to use other means for protectionism
purposes or to hamper structural development. The Community will
refrain from using safeguard measures having the same effect.
3. Safeguard measures shall be restricted to those which would least
disturb trade between the Contracting Parties in implementing the
objectives of this Agreement and must not exceed the scope of what
is strictly necessary to remedy the difficulties that have arisen.
4. When applied, safeguard measures shall take into account the
existing level of the ACP exports concerned to the Community and
their potential for development. Particular attention shall be paid
to the interests of the least-developed, landlocked and island ACP
States.
Article 9
1. Prior consultation shall take place concerning the application of
the safeguard clause, both when such measures are first adopted and
when they are extended. The Community shall provide the ACP States
with all the information required for such consultations and shall
provide the data from which to determine to what extent imports from
an ACP State of a specific product have caused the effects referred
to in Article 8(1).
2. Where consultations have taken place, safeguard measures, or
arrangements jointly agreed upon by the ACP States concerned and the
Community, shall enter into force thereafter.
3. However, the prior consultations provided for in paragraphs 1 and
2 shall not prevent any immediate decisions which the Community, in
accordance with Article 8(1), might take where special factors have
necessitated such decisions.
4. In order to facilitate the examination of factors that may cause
market disturbances, a mechanism shall be instituted for the
statistical surveillance of certain ACP exports to the Community.
5. The Parties undertake to hold regular consultations with a view
to finding satisfactory solutions to problems which might result
from the application of the safeguard clause.
6. The prior consultations as well as the regular consultations and
the surveillance mechanism referred to in paragraphs 1 to 5 shall be
implemented in accordance with Protocol 2 annexed hereto.
Article 10
The Council of Ministers shall, at the request of any Party
concerned, consider the economic and social effects of the
application of the safeguard clause.
Article 11
When safeguard measures are being taken, modified or removed,
particular attention shall be paid to the interests of the
least-developed, landlocked and island ACP States.
Article 12
In order to ensure the effective implementation of this Annex, the
Parties agree to inform and consult each other.
In addition to the cases for which consultations are specifically
provided for in Articles 2 to 9 of this Annex, consultations shall
also take place, at the request of the Community or the ACP States,
and in accordance with the conditions provided for in the procedural
rules in Article 12 of this Agreement, particularly in the following
cases:
(1) where Parties intend to take any trade measures affecting the
interests of one or more Parties under this Annex, they shall inform
the Council of Ministers thereof. Consultations shall take place,
where the Parties concerned so request, in order to take account of
their respective interests;
(2) if, during the application of this Annex, the ACP States
consider that agricultural products covered by Artic1e 1(2)(a) other
than those subject to special treatment should benefit form such
treatment, consultations may take place within the Council of
Ministers;
(3) where a Party considers that obstacles to the movement of goods
arise as a result of the existing rules of another Party or the
interpretation, application or administration thereof;
(4) where the Community takes safeguard measures in accordance with
the provisions of Article 8, consultations on these measures may
take place within the Council of Ministers, where the Parties
concerned so request, notably with a view to ensuring compliance
with Article 8(3).
Such consultations must be completed within three months.
CHAPTER 2
SPECIAL UNDERTAKING ON SUGAR AND BEEF AND VEAL
Article 13
1. In accordance with Article 25 of the ACP-EEC Convention of Lomł
signed on 28 February 1975 and with Protocol 3 annexed thereto, the
Community has undertaken for an indefinite period, notwithstanding
the other provisions of this Annex, to purchase and import, at
guaranteed prices, specific quantities of cane sugar, raw or white,
which originates in the ACP States producing and exporting cane
sugar and which those States have undertaken to deliver to it.
2. The conditions for the implementation of the aforementioned
Article 25 have been laid down by Protocol 3 referred to in
paragraph 1. The text of the Protocol is attached to this Annex as
Protocol 3.
4. For the purpose of Article 8 of the said Protocol the
institutions established under this Agreement may be used during the
period of application of this Agreement.
6. The declarations contained in Annexes XIII, XXI and XXII of the
Final Act to the ACP-EEC Convention of Lomł signed on 28 February
1975 are reaffirmed and their provisions shall continue to apply.
These declarations are annexed as such to Protocol 3.
7. This Article and Protocol 3 shall not apply to relations between
the ACP States and the French overseas departments.
Article 14
The special undertaking on beef and veal, defined in Protocol 4
annexed hereto shall apply.
CHAPTER 3
FINAL PROVISIONS
Article 15
The Protocols attached to this Annex shall form an integral part
thereof.
PROTOCOL 1
concerning the definition of the concept of "originating products"
and methods of administrative cooperation
INDEX
>TABLE POSITION>
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Protocol:
(a) "manufacture" means any kind of working or processing including
assembly or specific operations;
(b) "material" means any ingredient, raw material, component or
part, etc., used in the manufacture of the product;
(c) "product" means the product being manufactured, even if it is
intended for later use in another manufacturing operation;
(d) "goods" means both materials and products;
(e) "customs value" means the value as determined in accordance with
the 1994 Agreement on implementation of Article VII of the General
Agreement on Tariffs and Trade (WTO Agreement on customs valuation);
(f) "ex-works price" means the price paid for the product ex works
to the manufacturer in whose undertaking the last working or
processing is carried out, provided the price includes the value of
all the materials used, minus any internal taxes which are, or may
be, repaid when the product obtained is exported;
(g) "value of materials" means the customs value at the time of
importation of the non-originating materials used, or, if this is
not known and cannot be ascertained, the first ascertainable price
paid for the materials in the territory concerned;
(h) "value of originating materials" means the value of such
materials as defined in subparagraph (g) applied mutatis mutandis;
(i) "added value" shall be taken to be the ex-works price minus the
customs value of third-country materials imported into the
Community, the ACP States or the Overseas Countries and Territories;
(j) "chapters" and "headings" mean the chapters and the headings
(four-digit codes) used in the nomenclature which makes up the
Harmonized Commodity Description and Coding System, referred to in
this Protocol as "the Harmonized System" or "HS";
(k) "classified" refers to the classification of a product or
material under a particular heading;
(l) "consignment" means products which are either sent
simultaneously from one exporter to one consignee or covered by a
single transport document covering their shipment from the exporter
to the consignee or, in the absence of such a document, by a single
invoice;
(m) "territories" includes territorial waters.
TITLE II
DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"
Article 2
General requirements
1. For the purpose of implementing the trade co-operation provisions
of ANNEX V, the following products shall be considered as
originating in the ACP States:
(a) products wholly obtained in the ACP States within the meaning of
Article 3 of this Protocol;
(b) products obtained in the ACP States incorporating materials
which have not been wholly obtained there, provided that such
materials have undergone sufficient working or processing in the ACP
States within the meaning of Article 4 of this Protocol.
2. For the purpose of implementing paragraph 1, the territories of
the ACP States shall be considered as being one territory.
Originating products made up of materials wholly obtained or
sufficiently worked or processed in two or more ACP States shall be
considered as products originating in the ACP State where the last
working or processing took place, provided the working or processing
carried out there goes beyond that referred to in Article 5 of this
Protocol.
Article 3
Wholly obtained products
1. The following shall be considered as wholly obtained, in the ACP
States or in the Community, or in the overseas countries and
territories defined in Annex III, hereafter referred to as the OCT:
(a) mineral products extracted from their soil or from their seabed;
(b) vegetable products harvested there;
(c) live animals born and raised there;
(d) products from live animals raised there;
(e) products obtained by hunting or fishing conducted there;
(f) products of sea fishing and other products taken from the sea
outside the territorial waters by their vessels;
(g) products made aboard their factory ships exclusively from
products referred to in subparagraph (f);
(h) used articles collected there fit only for the recovery of raw
materials, including used tyres fit only for retreading or for use
as waste;
(i) waste and scrap resulting from manufacturing operations
conducted there;
(j) products extracted from marine soil or subsoil outside their
territorial waters provided that they have sole rights to work that
soil or subsoil;
(k) goods produced there exclusively from the products specified in
subparagraphs (a) to (j).
2. The terms "their vessels" and "their factory ships" in paragraph
1(f) and (g) shall apply only to vessels and factory ships:
(a) which are registered or recorded in an EC Member State, in an
ACP State or in an OCT
(b) which sail under the flag of an EC Member State, of an ACP State
or of an OCT;
(c) which are owned to an extent of at least 50 per cent by
nationals of States party to the Agreement, or of an OCT, or by a
company with its head office in one of these States or OCT, of which
the Chairman of the Board of Directors or the Supervisory Board, and
the majority of the members of such boards are nationals of States
party to the Agreement, or of an OCT, and of which, in addition, in
the case of partnerships or limited companies, at least half the
capital belongs to those States party to the Agreement or to public
bodies or nationals of the said States, or of an OCT;
(d) of which at least 50 % of the crew, master and officers
included, are nationals of States party to the Agreement, or of an
OCT.
3. Notwithstanding the provisions of paragraph 2, the Community
shall recognise, upon request of an ACP State, that vessels
chartered or leased by the ACP State be treated as "their vessels"
to undertake fisheries activities in its exclusive economic zone
under the following conditions:
- that the ACP State offered the Community the opportunity to
negotiate a fisheries agreement and the Community did not accept
this offer;
- that at least 50 % of the crew, master and officers included are
nationals of States party to the Agreement, or of an OCT;
- that the charter or lease contract has been accepted by the ACP-EC
Customs Cooperation Committee as providing adequate opportunities
for developing the capacity of the ACP State to fish on its own
account and in particular as conferring on the ACP State the
responsibility for the nautical and commercial management of the
vessel placed at its disposal for a significant period of time.
Article 4
Sufficiently worked or processed products
1. For the purposes of this Protocol, products which are not wholly
obtained are considered to be sufficiently worked or processed in
the ACP States, or in the Community or in the OCT, when the
conditions set out in the list in Annex II are fulfilled.
The conditions referred to above indicate, for all products covered
by this Agreement, the working or processing which must be carried
out on non-originating materials used in manufacturing and apply
only in relation to such materials. Accordingly, it follows that if
a product, which has acquired originating status by fulfilling the
conditions set out in the list is used in the manufacture of another
product, the conditions applicable to the product in which it is
incorporated do not apply to it, and no account shall be taken of
the non-originating materials which may have been used in its
manufacture.
2. Notwithstanding paragraph 1, non-originating materials which,
according to the conditions set out in the list, should not be used
in the manufacture of a given product may nevertheless be used,
provided that:
(a) their total value does not exceed 15 per cent of the ex-works
price of the product;
(b) any of the percentages given in the list for the maximum value
of non-originating materials are not exceeded through the
application of this paragraph.
3. Paragraphs 1 and 2 shall apply except as provided in Article 5.
Article 5
Insufficient working or processing operations
1. Without prejudice to paragraph 2, the following operations shall
be considered as insufficient working or processing to confer the
status of originating products, whether or not the requirements of
Article 4 are satisfied:
(a) operations to ensure the preservation of products in good
condition during transport and storage (ventilation, spreading out,
drying, chilling, placing in salt, sulphur dioxide or other aqueous
solutions, removal of damaged parts, and like operations);
(b) simple operations consisting of removal of dust, sifting or
screening, sorting, classifying, matching (including the making-up
of sets of articles), washing, painting, cutting up;
c) (i) changes of packaging and breaking up and assembly of
packages;
(ii) simple placing in bottles, flasks, bags, cases, boxes, fixing
on cards or boards, etc., and all other simple packaging operations;
(d) affixing marks, labels and other like distinguishing signs on
products or their packaging;
(e) simple mixing of products, whether or not of different kinds,
where one or more components of the mixtures do not meet the
conditions laid down in this Protocol to enable them to be
considered as originating in an ACP State, in the Community or in
the OCT;
(f) simple assembly of parts to constitute a complete product;
(g) a combination of two or more operations specified in
subparagraphs (a) to (f);
(h) slaughter of animals.
2. All the operations carried out in either the ACP States, the
Community or the OCT on a given product shall be considered together
when determining whether the working or processing undergone by that
product is to be regarded as insufficient within the meaning of
paragraph 1.
Article 6
Cumulation of origin
Cumulation with the OCT and the Community
1. Materials originating in the Community or in the OCT shall be
considered as materials originating in the ACP States when
incorporated into a product obtained there. It shall not be
necessary that such materials have undergone sufficient working or
processing, provided they have undergone working or processing going
beyond that referred to in Article 5.
2. Working and processing carried out in the Community or in the OCT
shall be considered as having been carried out in the ACP States,
when the materials undergo subsequent working or processing in the
ACP States.
Cumulation with South Africa
3. Subject to the provisions of paragraphs 4, 5, 6, 7 and 8,
materials originating in South Africa shall be considered as
originating in the ACP States when incorporated into a product
obtained there. It shall not be necessary that such materials have
undergone sufficient working or processing.
4. Products which have acquired originating status by virtue of
paragraph 3 shall only continue to be considered as products
originating in the ACP States when the value added there exceeds the
value of the materials used originating in South Africa. If this is
not so, the products concerned shall be considered as originating in
South Africa. In the allocation of origin, no account shall be taken
of materials originating in South Africa which have undergone
sufficient working or processing in the ACP States.
5. The cumulation provided for in paragraph 3 may only be applied
after 3 years for the products listed in Annex XI and 6 years for
the products listed in Annex XII respectively, as from the
provisional application of the Agreement on Trade, Development and
Co-operation between the European Community and the Republic of
South Africa. The cumulation provided for in paragraph 3 shall not
be applicable to the products listed in Annex XIII.
6. Notwithstanding paragraph 5, the cumulation provided for in
paragraph 3 may be applied at the request of the ACP States for the
products listed in Annexes XI and XII. The ACP-EC Committee of
Ambassadors shall decide on the ACP requests, product per product,
on the basis of a report drawn up by the ACP-EC Customs Co-operation
Committee in accordance with Article 37. In the examination of
requests, account shall be taken of the risk of the circumvention of
the trade provisions of the Agreement on Trade, Development and
Co-operation between the European Community and the Republic of
South Africa.
7. The cumulation provided for in paragraph 3 shall only be
applicable to the products listed in Annex XIV when the tariffs on
these products in the framework of the Agreement on Trade,
Development and Co-operation between the European Community and the
Republic of South Africa have been eliminated. The European
Commission shall publish in the Official Journal of the European
Communities (C series) the date on which the conditions of this
paragraph have been fulfilled.
8. The cumulation provided for in paragraph 3 may only be applied
where the South African materials used have acquired the status of
originating products by an application of the rules of origin
identical to those set out in this Protocol. The ACP States shall
provide the Community with details of agreements and their
corresponding rules of origin which have been concluded with South
Africa. The European Commission shall publish in the Official
Journal of the European Communities (C series) the date on which the
ACP States have met the obligations laid down in this paragraph.
9. Without prejudice to paragraphs 5 and 7, working and processing
carried out in South Africa shall be considered as having been
carried out in an other Member State of the South African Customs
Union (SACU) when the materials undergo subsequent working or
processing in that other Member State of SACU.
10. Without prejudice to paragraphs 5 and 7 and at the request of
the ACP States, working and processing carried out in South Africa,
shall be considered as having been carried out in the ACP States,
when the materials undergo subsequent working or processing in an
ACP State within the context of a regional economic integration
agreement.
Unless there is a specific request by either party for a referral of
the decision to the ACP-EC Council of Ministers, the ACP-EC Customs
Cooperation Committee shall decide on the ACP requests in accordance
with Article 37.
Cumulation with neighbouring developing countries
11. At the request of the ACP States, materials originating in a
neighbouring developing country, other than an ACP State, belonging
to a coherent geographical entity, shall be considered as materials
originating in the ACP States when incorporated into a product
obtained there. It shall not be necessary that such materials have
undergone sufficient working or processing, provided that:
- the working or processing carried out in the ACP State exceeds the
operations listed in Article 5. However, products of Chapter 50 to
63 of the Harmonised System shall in addition undergo in the ACP
State at least working or processing as a result of which the
product obtained is classified in a heading which is different from
those in which the materials originating in the non-ACP developing
country used in its manufacture, are classified. For products listed
in Annex IX to this Protocol, only the specific processing referred
to in column 3 shall apply, whether or not it involves a change of
heading,
- the ACP States, the Community and the other countries concerned
have concluded an agreement on adequate administrative procedures
which will ensure correct implementation of this paragraph.
This paragraph shall not apply to tuna products classified under
Harmonised System Chapters 3 or 16, rice products of HS Code 1006 or
the textile products listed in Annex X to this Protocol.
For the purpose of determining whether the products originate in the
non-ACP developing country, the provisions of this Protocol shall
apply.
Unless there is a specific request by either party for a referral of
the decision to the ACP-EC Council of Ministers, the ACP-EC Customs
Cooperation Committee shall decide on the ACP requests in accordance
with Article 37.
Article 7
Unit of qualification
1. The unit of qualification for the application of the provisions
of this Protocol shall be the particular product which is considered
as the basic unit when determining classification using the
nomenclature of the Harmonized System.
Accordingly, it follows that:
- when a product composed of a group or assembly of articles is
classified under the terms of the Harmonized System in a single
heading, the whole constitutes the unit of qualification;
- when a consignment consists of a number of identical products
classified under the same heading of the Harmonized System, each
product must be taken individually when applying the provisions of
this Protocol.
2. Where, under General Rule 5 of the Harmonized System, packaging
is included with the product for classification purposes, it shall
be included for the purposes of determining origin.
Article 8
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of
equipment, machine, apparatus or vehicle, which are part of the
normal equipment and included in the price thereof or which are not
separately invoiced, shall be regarded as one with the piece of
equipment, machine, apparatus or vehicle in question.
Article 9
Sets
Sets, as defined in General Rule 3 of the Harmonized System, shall
be regarded as originating when all component products are
originating. Nevertheless, when a set is composed of originating and
non-originating products, the set as a whole shall be regarded as
originating, provided that the value of the non-originating products
does not exceed 15 per cent of the ex-works price of the set.
Article 10
Neutral elements
In order to determine whether a product originates, it shall not be
necessary to determine the origin of the following which might be
used in its manufacture:
(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools;
(d) goods which do not enter and which are not intended to enter
into the final composition of the product.
TITLE III
TERRITORIAL REQUIREMENTS
Article 11
Principle of territoriality
1. The conditions set out in Title II relative to the acquisition of
originating status must be fulfilled without interruption in the ACP
States, except as provided for in Article 6.
2. If originating goods exported from the ACP States, the Community
or the OCT to another country are returned, except insofar as
provided for in Article 6, they must be considered as
non-originating, unless it can be demonstrated to the satisfaction
of the customs authorities that:
(a) the goods returned are the same goods as those exported; and
(b) they have not undergone any operation beyond that necessary to
preserve them in good condition while in that country or while being
exported.
Article 12
Direct transport
1. The preferential treatment provided for under the trade
co-operation provisions of Annex V applies only to products,
satisfying the requirements of this Protocol, which are transported
directly between the territory of the ACP States, of the Community,
of the OCT or of South Africa for the purposes of Article 6 without
entering any other territory. However, products constituting one
single consignment may be transported through other territories
with, should the occasion arise, transshipment or temporary
warehousing in such territories, provided that they remain under the
surveillance of the customs authorities in the country of transit or
warehousing and do not undergo operations other than unloading,
reloading or any operation designed to preserve them in good
condition.
Originating products may be transported by pipeline across territory
other than that of an ACP State, of the Community or of an OCT.
2. Evidence that the conditions set out in paragraph 1 have been
fulfilled shall be supplied to the customs authorities of the
importing country by the production of:
(a) a single transport document covering the passage from the
exporting country through the country of transit; or
(b) a certificate issued by the customs authorities of the country
of transit:
(i) giving an exact description of the products;
(ii) stating the dates of unloading and reloading of the products
and, where applicable, the names of the ships, or the other means of
transport used; and
(iii) certifying the conditions under which the products remained in
the transit country; or
(c) failing these, any substantiating documents.
Article 13
Exhibitions
1. Originating products, sent from an ACP State for exhibition in a
country other than those referred to in Article 6 and sold after the
exhibition for importation into the Community shall benefit on
importation from the provisions of Annex V provided it is shown to
the satisfaction of the customs authorities that:
(a) an exporter has consigned these products from an ACP State to
the country in which the exhibition is held and has exhibited them
there;
(b) the products have been sold or otherwise disposed of by that
exporter to a person in the Community;
(c) the products have been consigned during the exhibition or
immediately thereafter in the state in which they were sent for
exhibition; and
(d) the products have not, since they were consigned for exhibition,
been used for any purpose other than demonstration at the
exhibition.
2. A proof of origin must be issued or made out in accordance with
the provisions of Title IV and submitted to the customs authorities
of the importing country in the normal manner. The name and address
of the exhibition must be indicated thereon. Where necessary,
additional documentary evidence of the conditions under which they
have been exhibited may be required.
3. Paragraph 1 shall apply to any trade, industrial, agricultural or
crafts exhibition, fair or similar public show or display which is
not organized for private purposes in shops or business premises
with a view to the sale of foreign products, and during which the
products remain under customs control.
TITLE IV
PROOF OF ORIGIN
Article 14
General requirements
1. Products originating in the ACP States shall, on importation into
the Community benefit from Annex V upon submission of either:
(a) a movement certificate EUR.1, a specimen of which appears in
Annex IV; or
(b) in the cases specified in Article 19(1), a declaration, the text
of which appears in Annex V to this Protocol, given by the exporter
on an invoice, a delivery note or any other commercial document
which describes the products concerned in sufficient detail to
enable them to be identified (hereinafter referred to as the
"invoice declaration").
2. Notwithstanding paragraph 1, originating products within the
meaning of this Protocol shall, in the cases specified in Article
25, benefit from Annex V without it being necessary to submit any of
the documents referred to above.
Article 15
Procedure for the issue of a movement certificate EUR.1
1. A movement certificate EUR.1 shall be issued by the customs
authorities of the exporting country on application having been made
in writing by the exporter or, under the exporter's responsibility,
by his authorized representative.
2. For this purpose, the exporter or his authorized representative
shall fill out both the movement certificate EUR.1 and the
application form, specimens of which appear in Annex IV. These forms
shall be completed in accordance with the provisions of this
Protocol. If they are handwritten, they shall be completed in ink in
printed characters. The description of the products must be given in
the box reserved for this purpose without leaving any blank lines.
Where the box is not completely filled, a horizontal line must be
drawn below the last line of the description, the empty space being
crossed through.
3. The exporter applying for the issue of a movement certificate
EUR.1 shall be prepared to submit at any time, at the request of the
customs authorities of the exporting ACP State where the movement
certificate EUR.1 is issued, all appropriate documents proving the
originating status of the products concerned as well as the
fulfillment of the other requirements of this Protocol.
4. A movement certificate EUR.1 shall be issued by the customs
authorities of the exporting ACP State if the products concerned can
be considered as products originating in the ACP States or in one of
the other countries referred to in Article 6 and fulfil the other
requirements of this Protocol.
5. The issuing customs authorities shall take any steps necessary to
verify the originating status of the products and the fulfillment of
the other requirements of this Protocol. For this purpose, they
shall have the right to call for any evidence and to carry out any
inspection of the exporter's accounts or any other check considered
appropriate. The issuing customs authorities shall also ensure that
the forms referred to in paragraph 2 are duly completed. In
particular, they shall check whether the space reserved for the
description of the products has been completed in such a manner as
to exclude all possibility of fraudulent additions.
6. The date of issue of the movement certificate EUR.1 shall be
indicated in Box 11 of the certificate.
7. A movement certificate EUR.1 shall be issued by the customs
authorities and made available to the exporter as soon as actual
exportation has been effected or ensured.
Article 16
Movement certificates EUR.1 issued retrospectively
1. Notwithstanding Article 15(7), a movement certificate EUR.1 may
exceptionally be issued after exportation of the products to which
it relates if:
(a) it was not issued at the time of exportation because of errors
or involuntary omissions or special circumstances; or
(b) it is demonstrated to the satisfaction of the customs
authorities that a movement certificate EUR.1 was issued but was not
accepted at importation for technical reasons.
2. For the implementation of paragraph 1, the exporter must indicate
in his application the place and date of exportation of the products
to which the movement certificate EUR.1 relates, and state the
reasons for his request.
3. The customs authorities may issue a movement certificate EUR.1
retrospectively only after verifying that the information supplied
in the exporter's application agrees with that in the corresponding
file.
4. Movement certificates EUR.1 issued retrospectively must be
endorsed with one of the following phrases:
"NACHTRÄGLICH AUSGESTELLT", "DELIVRÉ A POSTERIORI", "RILASCIATO A
POSTERIORI", "AFGEGEVEN A POSTERIORI", "ISSUED RETROSPECTIVELY",
"UDSTEDT EFTERFŲLGENDE", ">ISO_7>ÅŹÄĻČÅĶ ÅŹ ŌŁĶ ÕÓŌÅŃŁĶ",
">ISO_1>EXPEDIDO A POSTERIORI", "EMITIDO A POSTERIORI", "ANNETTU
JÄLKIKÄTEEN", "UTFÄRDAT I EFTERHAND".
5. The endorsement referred to in paragraph 4 shall be inserted in
the "Remarks" box of the movement certificate EUR.1.
Article 17
Issue of a duplicate movement certificate EUR.1
1. In the event of theft, loss or destruction of a movement
certificate EUR.1, the exporter may apply to the customs authorities
which issued it for a duplicate made out on the basis of the export
documents in their possession.
2. The duplicate issued in this way must be endorsed with one of the
following words:
"DUPLIKAT", "DUPLICATA", "DUPLICATO", "DUPLICAAT", "DUPLICATE",
">ISO_7>ĮĶŌÉĆŃĮÖĻ", ">ISO_1>DUPLICADO", "SEGUNDA VIA",
"KAKSOISKAPPALE".
3. The endorsement referred to in paragraph 2 shall be inserted in
the "Remarks" box of the duplicate movement certificate EUR.1.
4. The duplicate, which must bear the date of issue of the original
movement certificate EUR.1, shall take effect as from that date.
Article 18
Issue of movement certificates EUR.1 on the basis of a proof of
origin issued or made out previously
When originating products are placed under the control of a customs
office in an ACP State or in the Community , it shall be possible to
replace the original proof of origin by one or more movement
certificates EUR.1 for the purpose of sending all or some of these
products elsewhere within the ACP States or within the Community.
The replacement movement certificate(s) EUR.1 shall be issued by the
customs office under whose control the products are placed.
Article 19
Conditions for making out an invoice declaration
1. An invoice declaration as referred to in Article 14(1)(b) may be
made out:
(a) by an approved exporter within the meaning of Article 20, or
(b) by any exporter for any consignment consisting of one or more
packages containing originating products whose total value does not
exceed EUR 6000.
2. An invoice declaration may be made out if the products concerned
can be considered as products originating in the ACP States or in
one of the other countries referred to in Article 6 and fulfil the
other requirements of this Protocol.
3. The exporter making out an invoice declaration shall be prepared
to submit at any time, at the request of the customs authorities of
the exporting country, all appropriate documents proving the
originating status of the products concerned as well as the
fulfillment of the other requirements of this Protocol.
4. An invoice declaration shall be made out by the exporter by
typing, stamping or printing on the invoice, the delivery note or
another commercial document, the declaration, the text of which
appears in Annex V to this Protocol, using one of the linguistic
versions set out in that Annex and in accordance with the provisions
of the domestic law of the exporting country. If the declaration is
handwritten, it shall be written in ink in printed characters.
5. Invoice declarations shall bear the original signature of the
exporter in manuscript. However, an approved exporter within the
meaning of Article 20 shall not be required to sign such
declarations provided that he gives the customs authorities of the
exporting country a written undertaking that he accepts full
responsibility for any invoice declaration which identifies him as
if it had been signed in manuscript by him.
6. An invoice declaration may be made out by the exporter when the
products to which it relates are exported, or after exportation on
condition that it is presented in the importing country no longer
than two years after the importation of the products to which it
relates.
Article 20
Approved exporter
1. The customs authorities of the exporting country may authorize
any exporter who makes frequent shipments of products under the
trade co-operation provisions of ANNEX V to make out invoice
declarations irrespective of the value of the products concerned. An
exporter seeking such authorization must offer to the satisfaction
of the customs authorities all guarantees necessary to verify the
originating status of the products as well as the fulfillment of the
other requirements of this Protocol.
2. The customs authorities may grant the status of approved exporter
subject to any conditions which they consider appropriate.
3. The customs authorities shall grant to the approved exporter a
customs authorization number which shall appear on the invoice
declaration.
4. The customs authorities shall monitor the use of the
authorization by the approved exporter.
5. The customs authorities may withdraw the authorization at any
time. They shall do so where the approved exporter no longer offers
the guarantees referred to in paragraph 1, does not fulfil the
conditions referred to in paragraph 2 or otherwise makes an
incorrect use of the authorization.
Article 21
Validity of proof of origin
1. A proof of origin shall be valid for ten months from the date of
issue in the exporting country, and must be submitted within the
said period to the customs authorities of the importing country.
2. Proofs of origin which are submitted to the customs authorities
of the importing country after the final date for presentation
specified in paragraph 1 may be accepted for the purpose of applying
preferential treatment, where the failure to submit these documents
by the final date set is due to exceptional circumstances.
3. In other cases of belated presentation, the customs authorities
of the importing country may accept the proofs of origin where the
products have been submitted before the said final date.
Article 22
Transit procedure
When the products enter an ACP State or OCT other than the country
of origin, a further period of validity of 4 months shall begin on
the date on which the customs authorities in the country of transit
enter the following in box 7 of the certificate EUR.1:
- the word "transit",
- the name of the country of transit,
- the official stamp, a specimen of which had been made available to
the Commission, in conformity with Article 31,
- date of the endorsements.
Article 23
Submission of proof of origin
Proofs of origin shall be submitted to the customs authorities of
the importing country in accordance with the procedures applicable
in that country. The said authorities may require a translation of a
proof of origin and may also require the import declaration to be
accompanied by a statement from the importer to the effect that the
products meet the conditions required for the implementation of
Annex V.
Article 24
Importation by installments
Where, at the request of the importer and on the conditions laid
down by the customs authorities of the importing country, dismantled
or non-assembled products within the meaning of General Rule 2(a) of
the Harmonized System falling within Sections XVI and XVII or
heading Nos 7308 and 9406 of the Harmonized System are imported by
installments, a single proof of origin for such products shall be
submitted to the customs authorities upon importation of the first
installment.
Article 25
Exemptions from proof of origin
1. Products sent as small packages from private persons to private
persons or forming part of travellers' personal luggage shall be
admitted as originating products without requiring the submission of
a proof of origin, provided that such products are not imported by
way of trade and have been declared as meeting the requirements of
this Protocol and where there is no doubt as to the veracity of such
a declaration. In the case of products sent by post, this
declaration can be made on the customs declaration CN22/CN23 or on a
sheet of paper annexed to that document.
2. Imports which are occasional and consist solely of products for
the personal use of the recipients or travellers or their families
shall not be considered as imports by way of trade if it is evident
from the nature and quantity of the products that no commercial
purpose is in view.
3. Furthermore, the total value of these products shall not exceed
EUR 500 in the case of small packages or EUR 1200 in the case of
products forming part of travellers' personal luggage.
Article 26
Information procedure for cumulation purposes
1. When Articles 2(2) and 6(1) are applied, the evidence of
originating status within the meaning of this protocol of the
materials coming from the other ACP States, the Community or the OCT
shall be given by a movement certificate EUR 1 or by the supplier's
declaration, a specimen of which appears in Annex VI A to this
Protocol, given by the exporter in the State or OCT from which the
materials came.
2. When Articles 2(2), 6(2) and 6(9) are applied, the evidence of
the working or processing carried out in the other ACP States, the
Community, the OCT or South Africa shall be given by the supplier's
declaration a specimen of which appears in Annex VI B to this
Protocol, given by the exporter in the State or OCT from which the
materials came.
3. A separate supplier's declaration shall be given by the supplier
for each consignment of material on the commercial invoice related
to that shipment or in an annex to that invoice, or on a delivery
note or other commercial document related to that shipment which
describes the materials concerned in sufficient detail to enable
them to be identified.
4. The supplier's declaration may be made out on a pre-printed form.
5. The suppliers' declarations shall be signed in manuscript.
However, where the invoice and the supplier's declaration are
established using electronic data-processing methods, the supplier's
declaration need not be signed in manuscript provided the
responsible official in the supplying company is identified to the
satisfaction of the customs authorities in the State where the
suppliers' declarations are established. The said customs
authorities may lay down conditions for the implementation of this
paragraph.
6. The supplier's declarations are submitted to the competent
customs office in the exporting ACP State requested to issue the
movement certificate EUR 1.
7. Suppliers' declarations made and information certificates issued
before the date of entry into force of this Protocol in accordance
with Article 23 of Protocol 1 to the Fourth ACP-EC Convention shall
remain valid.
Article 27
Supporting documents
The documents referred to in Articles 15(3) and 19(3) used for the
purpose of proving that products covered by a movement certificate
EUR.1 or an invoice declaration can be considered as products
originating in an ACP State or in one of the other countries
referred to in Article 6 and fulfil the other requirements of this
Protocol may consist inter alia of the following:
(a) direct evidence of the processes carried out by the exporter or
supplier to obtain the goods concerned, contained for example in his
accounts or internal bookkeeping;
(b) documents proving the originating status of materials used,
issued or made out in an ACP State or in one of the other countries
referred to in Article 6 where these documents are used in
accordance with domestic law;
(c) documents proving the working or processing of materials in the
ACP States, in the Community or in the OCT, issued or made out in an
ACP State, in the Community or in an OCT, where these documents are
used in accordance with domestic law;
(d) movement certificates EUR.1 or invoice declarations proving the
originating status of materials used, issued or made out in the ACP
States or in one of the other countries referred to in Article 6 and
in accordance with this Protocol.
Article 28
Preservation of proof of origin and supporting documents
1. The exporter applying for the issue of a movement certificate
EUR.1 shall keep for at least three years the documents referred to
in Article 15(3).
2. The exporter making out an invoice declaration shall keep for at
least three years a copy of this invoice declaration as well as the
documents referred to in Article 19(3).
3. The customs authorities of the exporting country issuing a
movement certificate EUR.1 shall keep for at least three years the
application form referred to in Article 15(2).
4. The customs authorities of the importing country shall keep for
at least three years the movement certificates EUR.1 and the invoice
declarations submitted to them.
Article 29
Discrepancies and formal errors
1. The discovery of slight discrepancies between the statements made
in the proof of origin and those made in the documents submitted to
the customs office for the purpose of carrying out the formalities
for importing the products shall not ipso facto render the proof of
origin null and void if it is duly established that this document
does correspond to the products submitted.
2. Obvious formal errors such as typing errors on a proof of origin
should not cause this document to be rejected if these errors are
not such as to create doubts concerning the correctness of the
statements made in this document.
Article 30
Amounts expressed in euro
1. The amounts to be used in any given national currency of a Member
State shall be the equivalent in that national currency of the
amounts expressed in euro as at the first working day in October
1999.
2. The amounts expressed in euro and their equivalents in the
national currencies of some EC Member States may be reviewed by the
Community if necessary and shall be notified by the Community to the
Customs Cooperation Committee not later than one month before they
shall come into force. When carrying out this review, the Community
shall ensure that there will be no decrease in the amounts to be
used in any national currency and shall furthermore consider the
desirability of preserving the effects of the limits concerned in
real terms. For this purpose, it may decide to modify the amounts
expressed in euro.
3. When the products are invoiced in the currency of another EC
Member State, the importing country shall recognize the amount
notified by the Member State concerned.
TITLE V
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 31
Mutual assistance
1. The ACP States shall send to the Commission specimens of the
stamps used together with the addresses of the customs authorities
competent to issue movement certificates EUR.1 and carry out the
subsequent verification of movement certificates EUR.1 and invoice
declarations.
Movement certificates EUR.1 and invoice declarations shall be
accepted for the purpose of applying preferential treatment from the
date the information is received by the Commission.
The Commission shall send this information to the customs
authorities of the Member States.
2. In order to ensure the proper application of this Protocol, the
Community, the OCT, the ACP States shall assist each other, through
the competent customs administrations, in checking the authenticity
of the movement certificates EUR.1, the invoice declarations or
supplier's declarations and the correctness of the information given
in these documents.
The authorities consulted shall furnish the relevant information
concerning the conditions under which the product has been made,
indicating especially the conditions in which the rules of origin
have been respected in the various ACP States, Member States, OCT
concerned.
Article 32
Verification of proofs of origin
1. Subsequent verifications of proofs of origin shall be carried out
at random or whenever the customs authorities of the importing
country have reasonable doubts as to the authenticity of such
documents, the originating status of the products concerned or the
fulfilment of the other requirements of this Protocol.
2. For the purposes of implementing the provisions of paragraph 1,
the customs authorities of the importing country shall return the
movement certificate EUR.1 and the invoice, if it has been
submitted, the invoice declaration, or a copy of these documents, to
the customs authorities of the exporting country giving, where
appropriate, the reasons for the enquiry. Any documents and
information obtained suggesting that the information given on the
proof or origin is incorrect shall be forwarded in support of the
request for verification.
3. The verification shall be carried out by the customs authorities
of the exporting country. For this purpose, they shall have the
right to call for any evidence and to carry out any inspection of
the exporter's accounts or any other check considered appropriate.
4. If the customs authorities of the importing country decide to
suspend the granting of preferential treatment to the products
concerned while awaiting the results of the verification, release of
the products shall be offered to the importer subject to any
precautionary measures judged necessary.
5. The customs authorities requesting the verification shall be
informed of the results of this verification as soon as possible.
These results must indicate clearly whether the documents are
authentic and whether the products concerned can be considered as
products originating in the ACP States or in one of the countries
referred to in Article 6 and fulfil the other requirements of this
Protocol.
6. If in cases of reasonable doubt there is no reply within ten
months of the date of the verification request or if the reply does
not contain sufficient information to determine the authenticity of
the document in question or the real origin of the products, the
requesting customs authorities shall, except in exceptional
circumstances, refuse entitlement to the preferences.
7. Where the verification procedure or any other available
information appears to indicate that the provisions of this Protocol
are being contravened, the ACP State on its own initiative or at the
request of the Community shall carry out appropriate enquires or
arrange for such enquiries to be carried out with due urgency to
identify and prevent such contraventions and for this purpose the
ACP State concerned may invite the participation of the Community in
these enquiries.
Article 33
Verification of suppliers' declarations
1. Verification of suppliers' declaration may be carried out at
random or whenever the customs authorities of the importing State
have reasonable doubts as to the authenticity of the document or the
accuracy or completeness of the information concerning the true
origin of the materials in question.
2. The customs authorities to which a supplier's declaration is
submitted may request the customs authorities of the State where the
declaration was made to issue an information certificate, a specimen
of which appears in Annex VII to this Protocol. Alternatively, the
customs authorities to which a supplier's declaration is submitted
may request the exporter to produce an information certificate
issued by the customs authorities of the State where the declaration
was made.
A copy of the information certificate shall be preserved by the
office which has issued it for at least three years.
3. The requesting customs authorities shall be informed of the
results of the verification as soon as possible. The results must be
such as to indicate positively whether the declaration concerning
the status of the materials is correct.
4. For the purpose of verification, suppliers shall keep for not
less than three years a copy of the document containing the
declaration together with all necessary evidence showing the true
status of the materials.
5. The customs authorities in the State where the supplier's
declaration is established shall have the right to call for any
evidence or to carry out any check which they consider appropriate
in order to verify the correctness of any supplier's declaration.
6. Any movement certificate EUR.1 or invoice declaration issued or
made out on the basis of an incorrect supplier's declaration shall
be considered null and void.
Article 34
Dispute settlement
Where disputes arise in relation to the verification procedures of
Articles 32 and 33 which cannot be settled between the customs
authorities requesting a verification and the customs authorities
responsible for carrying out this verification or where they raise a
question as to the interpretation of this Protocol, they shall be
submitted to the Customs Cooperation Committee.
In all cases the settlement of disputes between the importer and the
customs authorities of the importing country shall be under the
legislation of the said country.
Article 35
Penalties
Penalties shall be imposed on any person who draws up, or causes to
be drawn up, a document which contains incorrect information for the
purpose of obtaining a preferential treatment for products.
Article 36
Free zones
1. The ACP States shall take all necessary steps to ensure that
products traded under cover of a proof of origin or a supplier's
declaration and which in the course of transport use a free zone
situated in their territory, are not substituted by other goods and
do not undergo handling other than normal operations designed to
prevent their deterioration.
2. By means of an exemption to the provisions contained in paragraph
1, when originating products are imported into a free zone under
cover of a proof of origin and undergo treatment or processing, the
authorities concerned shall issue a new EUR.1 certificate at the
exporter's request, if the treatment or processing undergone is in
conformity with the provisions of this Protocol.
Article 37
Customs Cooperation Committee
1. A Customs Cooperation Committee, hereinafter referred to as "the
Committee", shall be set up and charged with carrying out
administrative cooperation with a view to the correct and uniform
application of this Protocol and with carrying out any other task in
the customs field which may be entrusted to it.
2. The Committee shall examine regularly the effect on the ACP
States and in particular on the least developed ACP States of
application of the rules of origin and shall recommend to the
Council of Ministers appropriate measures.
3. The Committee shall take decisions on cumulation under the
conditions laid down in Article 6.
4. The Committee shall take decisions on derogations from this
Protocol, under the conditions laid down in Article 38.
5. The Committee shall meet regularly, in particular to prepare the
decisions of the Council of Ministers pursuant to Article 40.
6. The Committee shall be composed on the one hand of experts from
the Member States and of Commission officials responsible for
customs questions, and on the other hand of experts representing the
ACP States and of officials of regional groupings of the ACP States
who are responsible for customs questions. The Committee may call
upon appropriate expertise where necessary.
Article 38
Derogations
1. Derogations from this Protocol may be adopted by the Committee
where the development of existing industries or the creation of new
industries justifies them.
The ACP State or States concerned shall, either before or when the
ACP States submit the matter to the Committee, notify the Community
of its request for a derogation together with the reasons for the
request in accordance with paragraph 2.
The Community shall respond positively to all the ACP requests which
are duly justified in conformity with this Article and which cannot
cause serious injury to an established Community industry.
2. In order to facilitate the examination by the Committee of
requests for derogation, the ACP State making the request shall, by
means of the form given in Annex VIII to this Protocol, furnish in
support of its request the fullest possible information covering in
particular the points listed below:
- description of the finished product,
- nature and quantity of materials originating in a third country,
- nature and quantity of materials originating in ACP States, the
Community or the OCT, or which have been processed there,
- manufacturing processes,
- value added,
- number of employees in the enterprise concerned,
- anticipated volume of exports to the Community,
- other possible sources of supply for raw materials
- reasons for the duration requested in the light of efforts made to
find new sources of supply,
- other observations.
The same rules shall apply to any requests for extension.
The Committee may modify the form.
3. The examination of requests shall in particular take into
account:
(a) the level of development or the geographical situation of the
ACP State or States concerned;
(b) cases where the application of the existing rules of origin
would significantly affect the ability of an existing industry in an
ACP State to continue its exports to the Community, with particular
reference to cases where this could lead to cessation of its
activities;
(c) specific cases where it can be clearly demonstrated that
significant investment in an industry could be deterred by the rules
of origin and where a derogation favouring the realisation of the
investment programme would enable these rules to be satisfied by
stages.
4. In every case an examination shall be made to ascertain whether
the rules relating to cumulation of origin do not provide a solution
to the problem.
5. In addition when a request for derogation concerns a
least-developed or an island ACP State, its examination shall be
carried out with a favourable bias having particular regard to:
(a) the economic and social impact of the decision to be taken
especially in respect of employment;
(b) the need to apply the derogation for a period taking into
account the particular situation of the ACP State concerned and its
difficulties.
6. In the examination of requests, special account shall be taken,
case by case, of the possibility of conferring originating status on
products which include in their composition materials originating in
neighbouring developing countries, least-developed countries or
developing countries with which one or more ACP States have special
relations, provided that satisfactory administrative co-operation
can be established.
7. Without prejudice to paragraphs 1 to 6, the derogation shall be
granted where the value added to the non-originating products used
in the ACP State or States concerned is at least 45 % of the value
of the finished product, provided that the derogation is not such as
to cause serious injury to an economic sector of the Community or of
one or more Member States.
8. Notwithstanding paragraphs 1 to 7, derogations concerning canned
tuna and tuna loins shall only be granted within an annual quota of
8000 tonnes for canned tuna and within an annual quota of 2000
tonnes for tuna loins.
Applications for such derogations shall be submitted by the ACP
States in accordance with the abovementioned quota to the Committee,
which shall grant them automatically and put them into force by
means of a decision.
9. The Committee shall take steps necessary to ensure that a
decision is reached as quickly as possible and in any case not later
than seventy-five working days after the request is received by the
EC Co-chairman of the Committee. If the Community does not inform
the ACP States of its position on the request within this period,
the request shall be deemed to have been accepted. In the event of a
decision not being taken by the Committee, the Committee of
Ambassadors shall be called upon to decide within one month of the
date on which the matter is referred to it.
10. (a) The derogation shall be valid for a period, generally of
five years, to be determined by the Committee.
(b) The derogation decision may provide for renewals without a new
decision of the Committee being necessary, provided that the ACP
State or States concerned submit, three months before the end of
each period, proof that they are still unable to meet the conditions
of this Protocol which have been derogated from.
If any objection is made to the extension, the Committee shall
examine it as soon as possible and decide whether to prolong the
derogation. The Committee shall proceed as provided for in paragraph
9. All necessary measures shall be taken to avoid interruptions in
the application of the derogation.
(c) In the periods referred to in subparagraphs (a) and (b), the
Committee may review the terms for implementing the derogation
should a significant change be found to have taken place in the
substantive factors governing the decision to grant the derogation.
On conclusion of its review the Committee may decide to amend the
terms of its decision as regards the scope of derogation or any
other condition previously laid down.
TITLE VI
CEUTA AND MELILLA
Article 39
Special conditions
1. The term "Community" used in this Protocol shall not cover Ceuta
and Melilla. The term "products originating in the Community" shall
not cover products originating in Ceuta and Melilla.
2. The provisions of this Protocol shall apply mutatis mutandis in
determining whether products may be deemed as originating in the ACP
States when imported into Ceuta and Melilla.
3. Where products wholly obtained in Ceuta, Melilla, the OCT or the
Community undergo working and processing in the ACP States, they
shall be considered as having been wholly obtained in the ACP
States.
4. Working or processing carried out in Ceuta, Melilla, the OCT or
the Community shall be considered as having been carried out in the
ACP States, when materials undergo further working or processing in
the ACP States.
5. For the purpose of implementing paragraphs 3 and 4, the
insufficient operations listed in Article 5 shall not be considered
as working or processing.
6. Ceuta and Melilla shall be considered as a single territory.
TITLE VII
FINAL PROVISIONS
Article 40
Revision of rules of origin
In accordance with Article 7 of Annex V, the Council of Ministers
shall examine annually, or whenever the ACP States or the Community
so request, the application of the provisions of this Protocol and
their economic effects with a view to making any necessary
amendments or adaptations.
The Council of Ministers shall take into account among other
elements the effects on the rules of origin of technological
developments.
The decisions taken shall be implemented as soon as possible.
Article 41
Annexes
The Annexes to this Protocol shall form an integral part thereof.
Article 42
Implementation of the Protocol
The Community and the ACP States shall each take the steps necessary
to implement this Protocol.
Annex I to Protocol 1
INTRODUCTORY NOTES TO THE LIST IN ANNEX II
Note 1:
The list sets out the conditions required for all products to be
considered as sufficiently worked or processed within the meaning of
Article 4 of the Protocol.
Note 2:
1. first two columns in the list describe the product obtained. The
first column gives the heading number or chapter number used in the
Harmonized System and the second column gives the description of
goods used in that system for that heading or chapter. For each
entry in the first two columns a rule is specified in columns 3 or
4. Where, in some cases, the entry in the first column is preceded
by an "ex", this signifies that the rules in columns 3 or 4 apply
only to the part of that heading as described in column 2.
2. Where several heading numbers are grouped together in column 1 or
a chapter number is given and the description of products in column
2 is therefore given in general terms, the adjacent rules in columns
3 or 4 apply to all products which, under the Harmonized System, are
classified in headings of the chapter or in any of the headings
grouped together in column 1.
3. Where there are different rules in the list applying to different
products within a heading, each indent contains the description of
that part of the heading covered by the adjacent rules in columns 3
or 4.
4. Where, for an entry in the first two columns, a rule is specified
in both columns 3 and 4, the exporter may opt, as an alternative, to
apply either the rule set out in column 3 or that set out in column
4. If no origin rule is given in column 4, the rule set out in
column 3 has to be applied.
Note 3:
1. The provisions of Article 4 of the Protocol concerning products
having acquired originating status which are used in the manufacture
of other products apply regardless of whether this status has been
acquired inside the factory where these products are used or in
another factory in the Community or in the ACP States.
Example:
An engine of heading No 8407, for which the rule states that the
value of the non-originating materials which may be incorporated may
not exceed 40 per cent of the ex-works price, is made from "other
alloy steel roughly shaped by forging" of heading No ex 7224.
If this forging has been forged in the Community from a
non-originating ingot, it has already acquired originating status by
virtue of the rule for heading No ex 7224 in the list. The forging
can then count as originating in the value calculation for the
engine regardless of whether it was produced in the same factory or
in another factory in the Community. The value of the
non-originating ingot is thus not taken into account when adding up
the value of the non-originating materials used.
2. The rule in the list represents the minimum amount of working or
processing required and the carrying out of more working or
processing also confers originating status; conversely, the carrying
out of less working or processing cannot confer originating status.
Thus if a rule provides that non-originating material at a certain
level of manufacture may be used, the use of such material at an
earlier stage of manufacture is allowed and the use of such material
at a later stage is not.
3. Without prejudice to Note 3.2 where a rule states that "materials
of any heading" may be used, materials of the same heading as the
product may also be used, subject, however, to any specific
limitations which may also be contained in the rule. However, the
expression "manufacture from materials of any heading, including
other materials of heading No ..." means that only materials
classified in the same heading as the product of a different
description than that of the product as given in column 2 of the
list may be used.
4. When a rule in the list specifies that a product may be
manufactured from more than one material, this means that any one or
more materials may be used. It does not require that all be used.
Example:
The rule for fabrics of heading Nos 5208 to 5212 provides that
natural fibres may be used and that chemical materials, among other
materials, may also be used. This does not mean that both have to be
used; it is possible to use one or the other or both.
5. Where a rule in the list specifies that a product must be
manufactured from a particular material, the condition obviously
does not prevent the use of other materials which, because of their
inherent nature, cannot satisfy the rule. (See also Note 6.3 below
in relation to textiles).
Example:
The rule for prepared foods of heading No 1904 which specifically
excludes the use of cereals and their derivatives does not prevent
the use of mineral salts, chemicals and other additives which are
not products from cereals.
However, this does not apply to products which, although they cannot
be manufactured from the particular materials specified in the list,
can be produced from a material of the same nature at an earlier
stage of manufacture.
Example:
In the case of an article of apparel of ex Chapter 62 made from
non-woven materials, if the use of only non-originating yarn is
allowed for this class of article, it is not possible to start from
non-woven cloth - even if non-woven cloths cannot normally be made
from yarn. In such cases, the starting material would normally be at
the stage before yarn - that is the fibre stage.
6. Where, in a rule in the list, two percentages are given for the
maximum value of non-originating materials that can be used, then
these percentages may not be added together. In other words, the
maximum value of all the non-originating materials used may never
exceed the highest of the percentages given. Furthermore, the
individual percentages must not be exceeded in relation to the
particular materials they apply to.
Note 4:
1. The term "natural fibres" is used in the list to refer to fibres
other than artificial or synthetic fibres. It is restricted to the
stages before spinning takes place, including waste, and, unless
otherwise specified, includes fibres that have been carded, combed
or otherwise processed but not spun.
2. The term "natural fibres" includes horsehair of heading No 0503,
silk of heading Nos 5002 and 5003 as well as the wool fibres, fine
or coarse animal hair of heading Nos 5101 to 5105, the cotton fibres
of heading Nos 5201 to 5203 and the other vegetable fibres of
heading Nos 5301 to 5305.
3. The terms "textile pulp", "chemical materials" and "paper-making
materials" are used in the list to describe the materials not
classified in Chapters 50 to 63, which can be used to manufacture
artificial, synthetic or paper fibres or yarns.
4. The term "man-made staple fibres" is used in the list to refer to
synthetic or artificial filament tow, staple fibres or waste, of
heading Nos 5501 to 5507.
Note 5:
1. Where for a given product in the list a reference is made to this
note, the conditions set out in column 3 shall not be applied to any
basic textile materials, used in the manufacture of this product,
which, taken together, represent 10 per cent or less of the total
weight of all the basic textile materials used. (See also Notes 5.3
and 5.4 below).
2. However, the tolerance mentioned in Note 5.1 may only be applied
to mixed products which have been made from two or more basic
textile materials.
The following are the basic textile materials:
- silk,
- wool,
- coarse animal hair,
- fine animal hair,
- horsehair,
- cotton,
- paper-making materials and paper,
- flax,
- true hemp,
- jute and other textile bast fibres,
- sisal and other textile fibres of the genus Agave,
- coconut, abaca, ramie and other vegetable textile fibres,
- synthetic man-made filaments,
- artificial man-made filaments,
- current conducting filaments,
- synthetic man-made staple fibres of polypropylene,
- synthetic man-made staple fibres of polyester,
- synthetic man-made staple fibres of polyamide,
- synthetic man-made staple fibres of polyacrylonitrile,
- synthetic man-made staple fibres of polyimide,
- synthetic man-made staple fibres of polytetrafluoroethylene,
- synthetic man-made staple fibres of polyphenylene sulphide,
- synthetic man-made staple fibres of polyvinyl chloride,
- other synthetic man-made staple fibres,
- artificial man-made staple fibres of viscose,
- other artificial man-made staple fibres,
- yarn made of polyurethane segmented with flexible segments of
polyether whether or not gimped,
- yarn made of polyurethane segmented with flexible segments of
polyester whether or not gimped,
- products of heading No 5605 (metallized yarn) incorporating strip
consisting of a core of aluminium foil or of a core of plastic film
whether or not coated with aluminium powder, of a width not
exceeding 5 mm, sandwiched by means of a transparent or coloured
adhesive between two layers of plastic film,
- other products of heading No 5605.
Example:
A yarn of heading No 5205 made from cotton fibres of heading No 5203
and synthetic staple fibres of heading No 5506 is a mixed yarn.
Therefore, non-originating synthetic staple fibres that do not
satisfy the origin rules (which require manufacture from chemical
materials or textile pulp) may be used up to a weight of 10 per cent
of the yarn.
Example:
A woollen fabric of heading No 5112 made from woollen yarn of
heading No 5107 and synthetic yarn of staple fibres of heading No
5509 is a mixed fabric. Therefore synthetic yarn which does not
satisfy the origin rules (which require manufacture from chemical
materials or textile pulp) or woollen yarn that does not satisfy the
origin rules (which require manufacture from natural fibres, not
carded or combed or otherwise prepared for spinning) or a
combination of the two may be used provided their total weight does
not exceed 10 per cent of the weight of the fabric.
Example:
Tufted textile fabric of heading No 5802 made from cotton yarn of
heading No 5205 and cotton fabric of heading No 5210 is only a mixed
product if the cotton fabric is itself a mixed fabric being made
from yarns classified in two separate headings or if the cotton
yarns used are themselves mixtures.
Example:
If the tufted textile fabric concerned had been made from cotton
yarn of heading No 5205 and synthetic fabric of heading No 5407,
then, obviously, the yarns used are two separate basic textile
materials and the tufted textile fabric is accordingly a mixed
product.
3. In the case of products incorporating "yarn made of polyurethane
segmented with flexible segments of polyether whether or not gimped"
this tolerance is 20 per cent in respect of this yarn.
4. In the case of products incorporating "strip consisting of a core
of aluminium foil or of a core of plastic film whether or not coated
with aluminium powder, of a width not exceeding 5 mm, sandwiched by
means of an adhesive between two layers of plastic film", this
tolerance is 30 per cent in respect of this strip.
Note 6:
1. In the case of those textile products, which are marked in the
list by a footnote referring to this Introductory Note, textile
trimmings and accessories which do not satisfy the rule set out in
the list in column 3 for the made up products concerned may be used
provided that their weight does not exceed 10 % of the total weight
of all the textile materials incorporated.
Textile trimmings and accessories are those classified in Chapters
50 to 63. Linings and interlinings are not be regarded as trimmings
or accessories.
2. Any non-textile trimmings and accessories or other materials used
which contain textiles do not have to satisfy the conditions set out
in column 3 even though they fall outside the scope of Note 3.5.
3. In accordance with Note 3.5, any non-originating non-textile
trimmings and accessories or other product, which do not contain any
textiles, may, anyway, be used freely where they cannot be made from
the materials listed in column 3.
- For example(1), if a rule in the list says that for a particular
textile item, such as a blouse, yarn must be used, this does not
prevent the use of metal items, such as buttons, because they cannot
be made from textile materials.
4. Where a percentage rule applies, the value of trimmings and
accessories must be taken into account when calculating the value of
the non-originating materials incorporated.
Note 7:
1. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901,
ex 2902 and ex 3403, the "specific processes" are the following:
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process(2);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all the following operations: processing
with concentrated sulphuric acid, oleum or sulphuric anhydride;
neutralization with alkaline agents; decolorization and purification
with naturally active earth, activated earth, activated charcoal or
bauxite;
(g) polymerization;
(h) alkylation;
(i) isomerization.
2. For the purposes of heading Nos 2710, 2711 and 2712, the
"specific processes" are the following:
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process(3)
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all the following operations: processing
with concentrated sulphuric acid, oleum or sulphuric anhydride;
neutralization with alkaline agents; decolorization and purification
with naturally active earth, activated earth, activated charcoal or
bauxite;
(g) polymerization;
(h) alkylation;
(i) isomerization;
(j) in respect of heavy oils falling within heading No ex 2710 only,
desulphurization with hydrogen resulting in a reduction of at least
85 per cent of the sulphur content of the products processed (ASTM D
1266-59 T method);
(k) in respect of products falling within heading No 2710 only,
deparaffining by a process other than filtering;
(l) in respect of heavy oils falling within heading No ex 2710 only,
treatment with hydrogen at a pressure of more than 20 bar and a
temperature of more than 250 °C with the use of a catalyst, other
than to effect desulphurization, when the hydrogen constitutes an
active element in a chemical reaction. The further treatment with
hydrogen of lubricating oils of heading No ex 2710 (e.g.
hydrofinishing or decolorization) in order, more especially, to
improve colour or stability shall not, however, be deemed to be a
specific process;
(m) in respect of fuel oils falling within heading No ex 2710 only,
atmospheric distillation, on condition that less than 30 per cent of
these products distils, by volume, including losses, at 300 °C by
the ASTM D 86 method;
(n) in respect of heavy oils other than gas oils and fuel oils
falling within heading No ex 2710 only, treatment by means of a
high-frequency electrical brush-discharge.
3. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901,
ex 2902 and ex 3403, simple operations such as cleaning, decanting,
desalting, water separation, filtering, colouring, marking,
obtaining a sulphur content as a result of mixing products with
different sulphur contents, any combination of these operations or
like operations do not confer origin.
(1) This example is given for the purpose of explanation only. It is
not legally binding.
(2) See additional Explanatory Note 4(b) to Chapter 27 of the
Combined Nomenclature.
(3) This example is given for the purpose of explanation only. It is
not legally binding.
Annex II to Protocol 1
List of working or processing required to be carried out on
non-originating materials in order that the product manufactured can
obtain originating status
The products mentioned in the list may not all be covered by this
Agreement. It is therefore necessary to consult the other parts of
this Agreement.
>TABLE POSITION>
Annex III to Protocol 1
OVERSEAS COUNTRIES AND TERRITORIES
Within the meaning of this Protocol "overseas countries and
territories" shall mean the countries and territories referred to in
Part Four of the Treaty establishing the European Community listed
below:
(This list does not prejudge the status of these countries and
territories, or future changes in their status.)
2. Overseas territories of the French Republic:
- New Caledonia,
- French Polynesia,
- French Southern and Antarctic Territories,
- Wallis and Futuna Islands.
4. Overseas countries of the Kingdom of the Netherlands:
- Aruba,
- Netherlands Antilles:
- Bonaire,
- Cura÷ao,
- Saba,
- Sint Eustatius,
- Sint Maarten.
5. British overseas countries and territories:
- Anguilla,
- Cayman Islands,
- Falkland Islands,
- South Georgia and South Sandwich Islands,
- Montserrat,
- Pitcairn,
- Saint Helena, Ascension Island, Tristan da Cunha
- British Antarctic Territory,
- British Indian Ocean Territory,
- Turks and Caicos Islands,
- British Virgin Islands.
Annex IV to Protocol 1
FORM FOR MOVEMENT CERTIFICATE
1. Movement certificates EUR.1 shall be made out on the form of
which a specimen appears in this Annex. This form shall be printed
in one or more of the languages in which the Agreement is drawn up.
Certificates shall be made out in one of these languages and in
accordance with the provisions of the domestic law of the exporting
State if they are handwritten, they shall be completed in ink and in
capital letters.
2. Each certificate shall measure 210 x 297 mm, a tolerance of up to
plus 8 mm or minus 5 mm in the length may be allowed. The paper used
must be white, sized for writing, not containing mechanical pulp and
weighing not less than 25 g/m2. It shall have a printed green
guilloche pattern background making any falsification by mechanical
or chemical means apparent to the eye.
3. The exporting States may reserve the right to print the
certificates themselves or may have them printed by approved
printers. In the latter case each certificate must include a
reference to such approval. Each certificate must bear the name and
address of the printer or a mark by which the printer can be
identified. It shall also bear a serial number, either printed or
not, by which it can be identified.
>PIC FILE= "L_2000317EN.018901.EPS">
>PIC FILE= "L_2000317EN.019001.EPS">
>PIC FILE= "L_2000317EN.019101.EPS">
>PIC FILE= "L_2000317EN.019201.EPS">
Annex V to Protocol 1
>PIC FILE= "L_2000317EN.019302.EPS">
>PIC FILE= "L_2000317EN.019401.EPS">
Annex via to Protocol 1
>PIC FILE= "L_2000317EN.019502.EPS">
Annex VIB to Protocol 1
>PIC FILE= "L_2000317EN.019602.EPS">
Annex VII to Protocol 1
Information Certificate
1. The form of information certificate given in this Annex shall be
used and be printed in one or more of the official languages in
which the Agreement is drawn up and in accordance with the
provisions of the domestic law of the exporting State. Information
certificates shall be completed in one of those languages; if they
are handwritten, they shall be completed in ink in capital letters.
They shall bear a serial number, whether or not printed, by which
they can be identified.
2. The information certificate shall measure 210 x 297 mm, a
tolerance of up to plus 8 mm or minus 5 mm in the length may be
allowed. The paper must be white, sized for writing, not containing
mechanical pulp and weighing not less than 25g/m2.
3. The national administrators may reserve the right to print the
forms themselves or may have them printed by printers approved by
them. In the latter case, each form must include a reference to such
approval. The forms shall bear the name and address of the printer
or a mark by which the printer can be identified.
>PIC FILE= "L_2000317EN.019901.EPS">
>PIC FILE= "L_2000317EN.020001.EPS">
Annex VIII to Protocol 1
>PIC FILE= "L_2000317EN.020102.EPS">
>PIC FILE= "L_2000317EN.020201.EPS">
Annex IX to Protocol 1
LIST OF WORKING OR PROCESSING CONFERRING THE CHARACTER OF ACP ORIGIN
ON A PRODUCT OBTAINED WHEN WORKING OR PROCESSING IS CARRIED OUT ON
TEXTILE MATERIALS ORIGINATING IN DEVELOPING COUNTRIES REFERRED TO IN
ARTICLE 6(11) OF THIS PROTOCOL
Textiles and textile articles falling within Section XI
>TABLE POSITION>
Remarks concerning finishing operations - Special cases
It is possible that in particular manufacturing operations, the
accomplishment of finishing operations, especially in the case of a
combination of operations, is of such importance that these
operations must be considered as going beyond simple finishing. In
these particular cases, the non-accomplishing of finishing
operations will deprive the making-up of its complete nature.
Annex X to Protocol 1
TEXTILE PRODUCTS EXCLUDED FROM THE CUMULATION PROCEDURE WITH CERTAIN
DEVELOPING COUNTRIES REFERRED TO IN ARTICLE 6 (11) OF THIS PROTOCOL
>TABLE POSITION>
Annex XI to Protocol 1
PRODUCTS FOR WHICH THE CUMULATION PROVISIONS WITH SOUTH AFRICA
REFERRED TO IN ARTICLE 6(3) APPLY AFTER 3 YEARS FROM THE PROVISIONAL
APPLICATION OF THE AGREEMENT ON TRADE, DEVELOPMENT AND COOPERATION
BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF SOUTH AFRICA
Industrial Products
CN code 96
Salt (including table salt and denatured salt)
2501 00 51
2501 00 91
2501 00 99
Alkali or alkaline-earth metals; rare-earth metals
2805 11 00
2805 19 00
2805 21 00
2805 22 00
2805 30 10
2805 30 90
2805 40 10
Ammonia, anhydrous or in aqueous solution
2814 10 00
2814 20 00
Sodium hydroxide (caustic soda)
2815 11 00
2815 12 00
Zinc oxide; zinc peroxide
2817 00 00
Artificial corundum
2818 10 00
2818 20 00
2818 30 00
Chromium oxides and hydroxides
2819 10 00
2819 90 00
Manganese oxides
2820 10 00
2820 90 00
Titanium oxides
2823 00 00
Hydrazine and hydroxylamine
2825 80 00
Chlorides, chloride oxides and chloride hydroxides
2827 10 00
Sulphides; polysulphides
2830 10 00
Phosphinates (hypophosphites), phosphonates
2835 10 00
2835 22 00
2835 23 00
2835 24 00
2835 25 10
2835 25 90
2835 26 10
2835 26 90
2835 29 10
2835 29 90
2835 31 00
2835 39 10
2835 39 30
2835 39 70
Carbonates; peroxocarbonates (percarbonates);
2836 20 00
2836 40 00
2836 60 00
Salts of oxometallic or peroxometallic acids
2841 61 00
Radioactive chemical elements
2844 30 11
2844 30 19
2844 30 51
Isotopes other than those of heading No 2844
2845 10 00
2845 90 10
Carbides, whether or not chemically defined
2849 20 00
2849 90 30
Hydrides, nitrides, azides, silicides and borides
2850 00 70
Cyclic hydrocarbons
2902 50 00
Halogenated derivatives of hydrocarbons
2903 11 00
2903 12 00
2903 13 00
2903 14 00
2903 15 00
2903 16 00
2903 19 10
2903 19 90
2903 21 00
2903 23 00
2903 29 00
2903 30 10
2903 30 31
2903 30 33
2903 30 38
2903 30 90
2903 41 00
2903 42 00
2903 43 00
2903 44 10
2903 44 90
2903 45 10
2903 45 15
2903 45 20
2903 45 25
2903 45 30
2903 45 35
2903 45 40
2903 45 45
2903 45 50
2903 45 55
2903 45 90
2903 46 10
2903 46 20
2903 46 90
2903 47 00
2903 49 10
2903 49 20
2903 49 90
2903 51 90
2903 59 10
2903 59 30
2903 59 90
2903 61 00
2903 62 00
2903 69 10
2903 69 90
Acyclic alcohols and their halogenated, sulphonated derivatives
2905 11 00
2905 12 00
2905 13 00
2905 14 10
2905 14 90
2905 15 00
2905 16 10
2905 16 90
2905 17 00
2905 19 10
2905 19 90
2905 22 10
2905 22 90
2905 29 10
2905 29 90
2905 31 00
2905 32 00
2905 39 10
2905 39 90
2905 41 00
2905 42 00
2905 49 10
2905 49 51
2905 49 59
2905 49 90
2905 50 10
2905 50 30
2905 50 99
Phenols; phenol-alcohols
2907 11 00
2907 15 00
2907 22 10
Ethers, ether-alcohols, ether-phenols
2909 11 00
2909 19 00
2909 20 00
2909 30 31
2909 30 39
2909 30 90
2909 41 00
2909 42 00
2909 43 00
2909 44 00
2909 49 10
2909 49 90
2909 50 10
2909 50 90
2909 60 00
Epoxides, epoxyalcohols, epoxyphenols and epoxyethols
2910 20 00
Aldehydes, whether or not with other oxygen functions
2912 41 00
2912 60 00
Ketones and quinones, whether or not with other oxygen fonctions
2914 11 00
2914 21 00
Saturated acyclic monocarboxylic acids
2915 11 00
2915 12 00
2915 13 00
2915 21 00
2915 22 00
2915 23 00
2915 24 00
2915 29 00
2915 31 00
2915 32 00
2915 33 00
2915 34 00
2915 35 00
2915 39 10
2915 39 30
2915 39 50
2915 39 90
2915 40 00
2915 50 00
2915 60 10
2915 60 90
2915 70 15
2915 70 20
2915 70 25
2915 70 30
2915 70 80
2915 90 10
2915 90 20
2915 90 80
Unsaturated acyclic monocarboxylic acids
2916 12 10
2916 12 20
2916 12 90
2916 14 10
2916 14 90
Polycarboxylic acids, their anhydrides, halides
2917 11 00
2917 14 00
2917 35 00
2917 36 00
2917 37 00
Carboxylic acids with additional oxygen function
2918 14 00
2918 15 00
2918 22 00
2918 90 00
Amine-function compounds
2921 11 10
2921 11 90
2921 12 00
2921 19 10
2921 19 30
2921 19 90
2921 21 00
2921 22 00
2921 29 00
2921 30 10
2921 30 90
2921 41 00
2921 42 10
2921 42 90
2921 43 10
2921 43 90
2921 44 00
2921 45 00
2921 49 10
2921 49 90
2921 51 10
2921 51 90
2921 59 00
Oxygen-function amino-compounds
2922 11 00
2922 12 00
2922 13 00
2922 19 00
2922 21 00
2922 22 00
2922 29 00
2922 30 00
2922 42 10
2922 43 00
2922 49 80
2922 50 00
Carboxyamide-function compounds
2924 21 10
2924 21 90
2924 29 30
Nitrile-function compounds
2926 10 00
2926 90 90
Organo-sulphur compounds
2930 20 00
2930 90 12
2930 90 14
2930 90 16
Other organo-inorganic compounds
2931 00 40
Heterocyclic compounds with oxygen hetero-atom(s)
2932 12 00
2932 13 00
2932 21 00
Heterocyclic compounds with nitrogen hetero-atom(s)
2933 61 00
Sulphonamides
2935 00 00
Mineral or chemical fertilizers, nitrogenous
3102 10 10
3102 10 90
3102 21 00
3102 29 00
3102 30 10
3102 30 90
3102 40 10
3102 40 90
3102 50 90
3102 60 00
3102 70 90
3102 80 00
3102 90 00
Mineral or chemical fertilizers, phosphatic
3103 10 10
3103 10 90
Mineral or chemical fertilizers
3105 10 00
3105 20 10
3105 20 90
3105 30 10
3105 30 90
3105 40 10
3105 40 90
3105 51 00
3105 59 00
3105 60 10
3105 60 90
3105 90 91
3105 90 99
Tanning extracts of vegetable origin
3201 20 00
3201 90 20
Other colouring matter
3206 11 00
3206 19 00
3206 20 00
3206 30 00
3206 41 00
3206 42 00
3206 43 00
3206 49 90
3206 50 00
Activated carbon; activated natural mineral products
3802 10 00
3802 90 00
Insecticides, rodenticides, fungicides, herbicides
3808 10 20
3808 10 30
3808 30 11
3808 30 13
3808 30 15
3808 30 17
3808 30 21
3808 30 23
3808 30 27
3808 30 30
3808 30 90
Prepared rubber accelerators; compound plasticiser
3812 30 20
Organic composite solvents and thinners
3814 00 90
Mixed alkylbenzenes and mixed alkylnaphthalenes,
3817 10 10
3817 10 50
3817 10 80
3817 20 00
Prepared binders for foundry moulds or cores
3824 90 90
Polymers of ethylene, in primary forms
3901 10 10
3901 10 90
3901 20 00
3901 30 00
3901 90 00
Polymers of propylene or of other olefins
3902 10 00
3902 20 00
3902 30 00
3902 90 00
Polymers of styrene, in primary forms
3903 11 00
3903 19 00
3903 20 00
3903 30 00
3903 90 00
Polymers of vinyl chloride
3904 10 00
3904 21 00
3904 22 00
3904 30 00
3904 40 00
3904 50 00
3904 61 90
3904 69 00
3904 90 00
Polymers of vinyl acetate
3905 12 00
Polyacetals, other polyethers and epoxide resins
3907 20 19
3907 20 90
3907 60 90
3907 91 10
3907 91 90
3907 99 10
3907 99 90
Other plates, sheets, film, foil and strip
3920 10 22
3920 10 28
3920 10 40
3920 10 80
3920 20 21
3920 20 29
3920 20 71
3920 20 79
3920 20 90
3920 30 00
3920 41 11
3920 41 19
3920 41 91
3920 41 99
3920 42 11
3920 42 19
3920 42 91
3920 42 99
3920 51 00
3920 59 00
3920 61 00
3920 62 10
3920 62 90
3920 63 00
3920 69 00
3920 71 11
3920 71 19
3920 71 90
3920 72 00
3920 73 10
3920 73 50
3920 73 90
3920 79 00
3920 91 00
3920 92 00
3920 93 00
3920 94 00
3920 99 11
3920 99 19
3920 99 50
3920 99 90
Other plates, sheets, film, foil and strip
3921 90 19
Articles for the conveyance or packing of goods
3923 21 00
Retreaded or used pneumatic tyres of rubber
4012 10 30
4012 10 50
4012 10 80
4012 20 90
4012 90 10
4012 90 90
Inner tubes, of rubber
4013 10 10
4013 10 90
4013 20 00
4013 90 10
4013 90 90
Leather of bovine or equine animals, without hair
4104 10 91
4104 10 95
4104 10 99
4104 21 00
4104 22 90
4104 29 00
4104 31 11
4104 31 19
4104 31 30
4104 31 90
4104 39 10
4104 39 90
Sheep or lamb skin leather, without wool on
4105 20 00
Leather of other animals, without hair on
4107 10 10
4107 29 10
4107 90 10
4107 90 90
Chamois (including combination chamois) leather
4108 00 10
4108 00 90
Patent leather and patent laminated leather
4109 00 00
Composition leather with a basis of leather or leather
4111 00 00
Articles of apparel and clothing accessories
4203 10 00
4203 21 00
4203 29 10
4203 29 91
4203 29 99
4203 30 00
4203 40 00
Particle board and similar board of wood
4410 11 00
4410 19 10
4410 19 30
4410 19 50
4410 19 90
4410 90 00
Fibreboard of wood or other ligneous materials
4411 11 00
4411 19 00
4411 21 00
4411 29 00
4411 31 00
4411 39 00
4411 91 00
4411 99 00
Plywood, veneered panels and similar laminated wood
4412 13 11
4412 13 19
4412 13 90
4412 14 00
4412 19 00
4412 22 10
4412 22 91
4412 22 99
4412 23 00
4412 29 20
4412 29 80
4412 92 10
4412 92 91
4412 92 99
4412 93 00
4412 99 20
4412 99 80
Builders' joinery and carpentry of wood
4418 10 10
4418 10 50
4418 10 90
4418 20 10
4418 20 50
4418 20 80
4418 30 10
4418 90 10
Wood marquetry and inlaid wood; caskets and cases
4420 90 11
4420 90 19
Articles of natural cork
4503 10 10
4503 10 90
4503 90 00
Plaits and similar products of plaiting materials
4601 99 10
Basketwork, wickerwork and other articles
4602 90 10
Registers, account books, note books, order books
4820 10 30
Children's picture, drawing or colouring books
4903 00 00
Maps and hydrographic or similar charts of all kinds
4905 10 00
Transfers (decalcomanias)
4908 10 00
4908 90 00
Printed or illustrated postcards; printed cards
4909 00 10
4909 00 90
Calendars of any kind, printed, including calendars
4910 00 00
Other printed matter, including printed pictures
4911 10 10
4911 10 90
4911 91 80
4911 99 00
Silk yarn (other than yarn spun from silk waste)
5004 00 10
5004 00 90
Yarn spun from silk waste, not put up for retail sale
5005 00 10
5005 00 90
Silk yarn and yarn spun from silk waste, put up for retail sale
5006 00 10
5006 00 90
Woven fabrics of silk or of silk waste
5007 10 00
5007 20 11
5007 20 19
5007 20 21
5007 20 31
5007 20 39
5007 20 41
5007 20 51
5007 20 59
5007 20 61
5007 20 69
5007 20 71
5007 90 10
5007 90 30
5007 90 50
5007 90 90
Yarn of carded wool, not put up for retail sale
5106 10 10
5106 10 90
5106 20 11
5106 20 19
5106 20 91
5106 20 99
Yarn of combed wool, not put up for retail sale
5107 10 10
5107 10 90
5107 20 10
5107 20 30
5107 20 51
5107 20 59
5107 20 91
5107 20 99
Yarn of fine animal hair (carded or combed), not put up for retail
sale
5108 10 10
5108 10 90
5108 20 10
5108 20 90
Yarn of wool or of fine animal hair, put up for retail sale
5109 10 10
5109 10 90
5109 90 10
5109 90 90
Yarn of coarse animal hair or of horsehair
5110 00 00
Woven fabrics of carded wool or of carded fine animal hair
5111 11 11
5111 11 19
5111 11 91
5111 11 99
5111 19 11
5111 19 19
5111 19 31
5111 19 39
5111 19 91
5111 19 99
5111 20 00
5111 30 10
5111 30 30
5111 30 90
5111 90 10
5111 90 91
5111 90 93
5111 90 99
Woven fabrics of combed wool or of combed fine animal hair
5112 11 10
5112 11 90
5112 19 11
5112 19 19
5112 19 91
5112 19 99
5112 20 00
5112 30 10
5112 30 30
5112 30 90
5112 90 10
5112 90 91
5112 90 93
5112 90 99
Woven fabrics of coarse animal hair or of horsehair
5113 00 00
Cotton sewing thread, whether or not put up for retail sale
5204 11 00
5204 19 00
5204 20 00
Cotton yarn (other than sewing thread)
5205 11 00
5205 12 00
5205 13 00
5205 14 00
5205 15 10
5205 15 90
5205 21 00
5205 22 00
5205 23 00
5205 24 00
5205 26 00
5205 27 00
5205 28 00
5205 31 00
5205 32 00
5205 33 00
5205 34 00
5205 35 10
5205 35 90
5205 41 00
5205 42 00
5205 43 00
5205 44 00
5205 46 00
5205 47 00
5205 48 00
Cotton yarn (other than sewing thread)
5206 11 00
5206 12 00
5206 13 00
5206 14 00
5206 15 10
5206 15 90
5206 21 00
5206 22 00
5206 23 00
5206 24 00
5206 25 10
5206 25 90
5206 31 00
5206 32 00
5206 33 00
5206 34 00
5206 35 10
5206 35 90
5206 41 00
5206 42 00
5206 43 00
5206 44 00
5206 45 10
5206 45 90
Cotton yarn (other than sewing thread) put up for retail sale
5207 10 00
5207 90 00
Flax yarn
5306 10 11
5306 10 19
5306 10 31
5306 10 39
5306 10 50
5306 10 90
5306 20 11
5306 20 19
5306 20 90
Yarn of other vegetable textile fibres; paper yarn
5308 20 10
5308 20 90
5308 30 00
5308 90 11
5308 90 13
5308 90 19
5308 90 90
Woven fabrics of flax
5309 11 11
5309 11 19
5309 11 90
5309 19 10
5309 19 90
5309 21 10
5309 21 90
5309 29 10
5309 29 90
Woven fabrics of jute or of other textile bast fibres
5310 10 10
5310 10 90
5310 90 00
Woven fabrics of other vegetable textile fibres
5311 00 10
5311 00 90
Sewing thread of man-made filaments
5401 10 11
5401 10 19
5401 10 90
5401 20 10
5401 20 90
Synthetic filament yarn (other than sewing thread)
5402 10 10
5402 10 90
5402 20 00
5402 31 10
5402 31 30
5402 31 90
5402 32 00
5402 33 10
5402 33 90
5402 39 10
5402 39 90
5402 41 10
5402 41 30
5402 41 90
5402 42 00
5402 43 10
5402 43 90
5402 49 10
5402 49 91
5402 49 99
5402 51 10
5402 51 30
5402 51 90
5402 52 10
5402 52 90
5402 59 10
5402 59 90
5402 61 10
5402 61 30
5402 61 90
5402 62 10
5402 62 90
5402 69 10
5402 69 90
Artificial filament yarn (other than sewing thread)
5403 10 00
5403 20 10
5403 20 90
5403 31 00
5403 32 00
5403 33 10
5403 33 90
5403 39 00
5403 41 00
5403 42 00
5403 49 00
Synthetic monofilament of 67 decitex or more
5404 10 10
5404 10 90
5404 90 11
5404 90 19
5404 90 90
Artificial monofilament of 67 decitex or more
5405 00 00
Man-made filament yarn (other than sewing thread)
5406 10 00
5406 20 00
Woven fabrics of synthetic filament yarn
5407 10 00
5407 20 11
5407 20 19
5407 20 90
5407 30 00
5407 41 00
5407 42 00
5407 43 00
5407 44 00
5407 51 00
5407 52 00
5407 53 00
5407 54 00
5407 61 10
5407 61 30
5407 61 50
5407 61 90
5407 69 10
5407 69 90
5407 71 00
5407 72 00
5407 73 00
5407 74 00
5407 81 00
5407 82 00
5407 83 00
5407 84 00
5407 91 00
5407 92 00
5407 93 00
5407 94 00
Woven fabrics of artificial filament yarn
5408 10 00
5408 21 00
5408 22 10
5408 22 90
5408 23 10
5408 23 90
5408 24 00
5408 31 00
5408 32 00
5408 33 00
5408 34 00
Synthetic filament tow
5501 10 00
5501 20 00
5501 30 00
5501 90 00
Artificial filament tow
5502 00 10
5502 00 90
Synthetic staple fibres, not carded, combed or otherwise
5503 10 11
5503 10 19
5503 10 90
5503 20 00
5503 30 00
5503 40 00
5503 90 10
5503 90 90
Artificial staple fibres, not carded, combed or otherwise
5504 10 00
5504 90 00
Waste (including noils, yarn waste)
5505 10 10
5505 10 30
5505 10 50
5505 10 70
5505 10 90
5505 20 00
Synthetic staple fibres, carded, combed or otherwise
5506 10 00
5506 20 00
5506 30 00
5506 90 10
5506 90 91
5506 90 99
Artificial staple fibres, carded, combed or otherwise
5507 00 00
Sewing thread of man-made staple fibres
5508 10 11
5508 10 19
5508 10 90
5508 20 10
5508 20 90
Yarn (other than sewing thread) of synthetic staple fibres
5509 11 00
5509 12 00
5509 21 10
5509 21 90
5509 22 10
5509 22 90
5509 31 10
5509 31 90
5509 32 10
5509 32 90
5509 41 10
5509 41 90
5509 42 10
5509 42 90
5509 51 00
5509 52 10
5509 52 90
5509 53 00
5509 59 00
5509 61 10
5509 61 90
5509 62 00
5509 69 00
5509 91 10
5509 91 90
5509 92 00
5509 99 00
Yarn (other than sewing thread) of artificial staple fibres
5510 11 00
5510 12 00
5510 20 00
5510 30 00
5510 90 00
Yarn (other than sewing thread) of man-made staple fibres
5511 10 00
5511 20 00
5511 30 00
Wadding of textile materials and articles thereof
5601 10 10
5601 10 90
5601 21 10
5601 21 90
5601 22 10
5601 22 91
5601 22 99
5601 29 00
5601 30 00
Felt, whether or not impregnated
5602 10 11
5602 10 19
5602 10 31
5602 10 35
5602 10 39
5602 10 90
5602 21 00
5602 29 10
5602 29 90
5602 90 00
Nonwovens, whether or not impregnated
5603 11 10
5603 11 90
5603 12 10
5603 12 90
5603 13 10
5603 13 90
5603 14 10
5603 14 90
5603 91 10
5603 91 90
5603 92 10
5603 92 90
5603 93 10
5603 93 90
5603 94 10
5603 94 90
Rubber thread and cord, textile covered
5604 10 00
5604 20 00
5604 90 00
Metallised yarn, whether or not gimped
5605 00 00
Gimped yarn, and strip
5606 00 10
5606 00 91
5606 00 99
Articles of yarn, strip
5609 00 00
Carpets and other textile floor coverings
5701 10 10
5701 10 91
5701 10 93
5701 10 99
5701 90 10
5701 90 90
Woven pile fabrics and chenille fabrics
5801 10 00
5801 21 00
5801 22 00
5801 23 00
5801 24 00
5801 25 00
5801 26 00
5801 31 00
5801 32 00
5801 33 00
5801 34 00
5801 35 00
5801 36 00
5801 90 10
5801 90 90
Terry towelling and similar woven terry fabrics
5802 11 00
5802 19 00
5802 20 00
5802 30 00
Gauze, other than narrow fabrics
5803 10 00
5803 90 10
5803 90 30
5803 90 50
5803 90 90
Tulles and other net fabrics, not including woven
5804 10 11
5804 10 19
5804 10 90
5804 21 10
5804 21 90
5804 29 10
5804 29 90
5804 30 00
Hand-woven tapestries of the type Gobelins
5805 00 00
Narrow woven fabrics
5806 10 00
5806 20 00
5806 31 10
5806 31 90
5806 32 10
5806 32 90
5806 39 00
5806 40 00
Labels, badges and similar articles of textile matter
5807 10 10
5807 10 90
5807 90 10
5807 90 90
Braids in the piece; ornamental trimmings
5808 10 00
5808 90 00
Woven fabrics of metal thread and woven fabrics
5809 00 00
Embroidery in the piece, in strips or in motifs
5810 10 10
5810 10 90
5810 91 10
5810 91 90
5810 92 10
5810 92 90
5810 99 10
5810 99 90
Quilted textile products in the piece
5811 00 00
Textile fabrics coated with gum
5901 10 00
5901 90 00
Tyre cord fabric of high tenacity yarn of nylon
5902 10 10
5902 10 90
5902 20 10
5902 20 90
5902 90 10
5902 90 90
Textile fabrics impregnated, coated, covered
5903 10 10
5903 10 90
5903 20 10
5903 20 90
5903 90 10
5903 90 91
5903 90 99
Linoleum, whether or not cut to shape
5904 10 00
5904 91 10
5904 91 90
5904 92 00
Textile wall coverings
5905 00 10
5905 00 31
5905 00 39
5905 00 50
5905 00 70
5905 00 90
Rubberized textile fabrics
5906 10 10
5906 10 90
5906 91 00
5906 99 10
5906 99 90
Textile fabrics otherwise impregnated, coated or covered
5907 00 10
5907 00 90
Textile wicks, woven, plaited or knitted
5908 00 00
Textile hosepiping and similar textile tubing
5909 00 10
5909 00 90
Transmission or conveyor belts or belting
5910 00 00
Textile products and articles, for technical uses
5911 10 00
5911 20 00
5911 31 11
5911 31 19
5911 31 90
5911 32 10
5911 32 90
5911 40 00
5911 90 10
5911 90 90
Pile fabrics, including "long pile" fabrics
6001 10 00
6001 21 00
6001 22 00
6001 29 10
6001 29 90
6001 91 10
6001 91 30
6001 91 50
6001 91 90
6001 92 10
6001 92 30
6001 92 50
6001 92 90
6001 99 10
6001 99 90
Men's or boys' overcoats, car-coats, capes, cloaks
6101 10 10
6101 10 90
6101 20 10
6101 20 90
6101 30 10
6101 30 90
6101 90 10
6101 90 90
Women's or girls' overcoats, car-coats, capes, cloaks
6102 10 10
6102 10 90
6102 20 10
6102 20 90
6102 30 10
6102 30 90
6102 90 10
6102 90 90
Men's or boys' suits, ensembles, jackets, blazers
6103 41 10
6103 41 90
6103 42 10
6103 42 90
6103 43 10
6103 43 90
6103 49 10
6103 49 91
6103 49 99
Women's or girls' suits, ensembles, jackets, blazers
6104 51 00
6104 52 00
6104 53 00
6104 59 00
6104 61 10
6104 61 90
6104 62 10
6104 62 90
6104 63 10
6104 63 90
6104 69 10
6104 69 91
6104 69 99
Men's or boys' underpants, briefs, nightshirts, pyjamas
6107 11 00
6107 12 00
6107 19 00
6107 21 00
6107 22 00
6107 29 00
6107 91 10
6107 91 90
6107 92 00
6107 99 00
Women's or girls' slips, petticoats, briefs, panties
6108 11 10
6108 11 90
6108 19 10
6108 19 90
6108 21 00
6108 22 00
6108 29 00
6108 31 10
6108 31 90
6108 32 11
6108 32 19
6108 32 90
6108 39 00
6108 91 10
6108 91 90
6108 92 00
6108 99 10
6108 99 90
T-shirts, singlets and other vests, knitted or crocheted
6109 10 00
6109 90 10
6109 90 30
Track suits, ski suits and swimwear, knitted or crocheted
6112 11 00
6112 12 00
6112 19 00
6112 20 00
6112 31 10
6112 31 90
6112 39 10
6112 39 90
6112 41 10
6112 41 90
6112 49 10
6112 49 90
Garments, made up of knitted or crocheted fabrics
6113 00 10
6113 00 90
Other garments, knitted or crocheted
6114 10 00
6114 20 00
6114 30 00
6114 90 00
Panty hose, tights, stockings, socks and other hosiery
6115 11 00
6115 12 00
6115 19 10
6115 19 90
6115 20 11
6115 20 19
6115 20 90
6115 91 00
6115 92 00
6115 93 10
6115 93 30
6115 93 91
6115 93 99
6115 99 00
Gloves, mittens and mitts, knitted or crocheted
6116 10 20
6116 10 80
6116 91 00
6116 92 00
6116 93 00
6116 99 00
Other made up clothing accessories, knitted or crocheted
6117 10 00
6117 20 00
6117 80 10
6117 80 90
6117 90 00
Men's or boys' overcoats, car-coats, capes, cloaks
6201 11 00
6201 12 10
6201 12 90
6201 13 10
6201 13 90
6201 19 00
6201 91 00
6201 92 00
6201 93 00
6201 99 00
Women's or girls' overcoats, car-coats, capes, cloaks
6202 11 00
6202 12 10
6202 12 90
6202 13 10
6202 13 90
6202 19 00
6202 91 00
6202 92 00
6202 93 00
6202 99 00
Men's or boys' suits, ensembles, jackets, blazers
6203 41 10
6203 41 30
6203 41 90
6203 42 11
6203 42 31
6203 42 33
6203 42 35
6203 42 51
6203 42 59
6203 42 90
6203 43 11
6203 43 19
6203 43 31
6203 43 39
6203 43 90
6203 49 11
6203 49 19
6203 49 31
6203 49 39
6203 49 50
6203 49 90
Women's or girls' suits, ensembles, jackets, blazers
6204 51 00
6204 52 00
6204 53 00
6204 59 10
6204 59 90
6204 61 10
6204 61 80
6204 61 90
6204 62 11
6204 62 31
6204 62 33
6204 62 39
6204 62 51
6204 62 59
6204 62 90
6204 63 11
6204 63 18
6204 63 31
6204 63 39
6204 63 90
6204 69 11
6204 69 18
6204 69 31
6204 69 39
6204 69 50
6204 69 90
Men's or boys' shirts
6205 10 00
6205 20 00
6205 30 00
6205 90 10
6205 90 90
Men's or boys' singlets and other vests, underpants
6207 11 00
6207 19 00
6207 21 00
6207 22 00
6207 29 00
6207 91 10
6207 91 90
6207 92 00
6207 99 00
Women's or girls' singlets and other vests, slips
6208 11 00
6208 19 10
6208 19 90
6208 21 00
6208 22 00
6208 29 00
6208 91 11
6208 91 19
6208 91 90
6208 92 10
6208 92 90
6208 99 00
Brassiųres, girdles, corsets, braces, suspenders
6212 10 00
6212 20 00
6212 30 00
6212 90 00
Handkerchiefs
6213 10 00
6213 20 00
6213 90 00
Shawls, scarves, mufflers, mantillas, veils
6214 10 00
6214 20 00
6214 30 00
6214 40 00
6214 90 10
6214 90 90
Ties, bow ties and cravats
6215 10 00
6215 20 00
6215 90 00
Gloves, mittens and mitts
6216 00 00
Other made up clothing accessories
6217 10 00
6217 90 00
Blankets and travelling rugs
6301 10 00
6301 20 10
6301 20 91
6301 20 99
6301 30 10
6301 30 90
6301 40 10
6301 40 90
6301 90 10
6301 90 90
Sacks and bags
6305 10 10
6305 10 90
6305 20 00
6305 32 11
6305 32 81
6305 32 89
6305 32 90
6305 33 10
6305 33 91
6305 33 99
6305 39 00
6305 90 00
Tarpaulins, awnings and sunblinds; tents; sails
6306 11 00
6306 12 00
6306 19 00
6306 21 00
6306 22 00
6306 29 00
6306 31 00
6306 39 00
6306 41 00
6306 49 00
6306 91 00
6306 99 00
Other made up articles, including dress patterns
6307 10 10
6307 10 30
6307 10 90
6307 20 00
6307 90 10
6307 90 91
6307 90 99
Sets consisting of woven fabric and yarn
6308 00 00
Worn clothing and other worn articles
6309 00 00
Waterproof footwear with outer soles and uppers of rubber
6401 10 10
6401 10 90
6401 91 10
6401 91 90
6401 92 10
6401 92 90
6401 99 10
6401 99 90
Other footwear with outer soles and uppers of rubber
6402 12 10
6402 12 90
6402 19 00
6402 20 00
6402 30 00
6402 91 00
6402 99 10
6402 99 31
6402 99 39
6402 99 50
6402 99 91
6402 99 93
6402 99 96
6402 99 98
Footwear with outer soles of rubber, plastics, leather
6403 12 00
6403 19 00
6403 20 00
6403 30 00
6403 40 00
6403 51 11
6403 51 15
6403 51 19
6403 51 91
6403 51 95
6403 51 99
6403 59 11
6403 59 31
6403 59 35
6403 59 39
6403 59 50
6403 59 91
6403 59 95
6403 59 99
6403 91 11
6403 91 13
6403 91 16
6403 91 18
6403 91 91
6403 91 93
6403 91 96
6403 91 98
6403 99 11
6403 99 31
6403 99 33
6403 99 36
6403 99 38
6403 99 50
6403 99 91
6403 99 93
6403 99 96
6403 99 98
Footwear with outer soles of rubber, plastics, leather
6404 11 00
6404 19 10
6404 19 90
6404 20 10
6404 20 90
Other footwear
6405 10 10
6405 10 90
6405 20 10
6405 20 91
6405 20 99
6405 90 10
6405 90 90
Parts of footwear (including uppers)
6406 10 11
6406 10 19
6406 10 90
6406 20 10
6406 20 90
6406 91 00
6406 99 10
6406 99 30
6406 99 50
6406 99 60
6406 99 80
Unglazed ceramic flags and paving, hearth or wall tiles
6907 10 00
6907 90 10
6907 90 91
6907 90 93
6907 90 99
Glazed ceramic flags and paving, hearth or wall tiles
6908 10 10
6908 10 90
6908 90 11
6908 90 21
6908 90 29
6908 90 31
6908 90 51
6908 90 91
6908 90 93
6908 90 99
Tableware, kitchenware, other household articles
6911 10 00
6911 90 00
Ceramic tableware, kitchenware, other household articles
6912 00 10
6912 00 30
6912 00 50
6912 00 90
Statuettes and other ornamental ceramic articles
6913 10 00
6913 90 10
6913 90 91
6913 90 93
6913 90 99
Glassware of a kind used for table, kitchen
7013 10 00
7013 21 11
7013 21 19
7013 21 91
7013 21 99
7013 29 10
7013 29 51
7013 29 59
7013 29 917013 29 99
7013 31 10
7013 31 90
7013 32 00
7013 39 10
7013 39 91
7013 39 99
7013 91 10
7013 91 90
7013 99 10
7013 99 90
Glass fibres (including glass wool)
7019 11 00
7019 12 00
7019 19 10
7019 19 90
7019 31 00
7019 32 00
7019 39 10
7019 39 90
7019 40 00
7019 51 10
7019 51 90
7019 52 00
7019 59 10
7019 59 90
7019 90 10
7019 90 30
7019 90 91
7019 90 99
Other articles of precious metal
7115 90 10
7115 90 90
Ferro-alloys
7202 50 00
7202 70 00
7202 91 00
7202 92 00
7202 99 30
7202 99 80
Copper bars, rods and profiles
7407 10 00
7407 21 10
7407 21 90
7407 22 10
7407 22 90
7407 29 00
Copper wire
7408 11 00
7408 19 10
7408 19 90
7408 21 00
7408 22 00
7408 29 00
Copper plates, sheets and strip
7409 11 00
7409 19 00
7409 21 00
7409 29 00
7409 31 00
7409 39 00
7409 40 10
7409 40 90
7409 90 10
7409 90 90
Copper foil (whether or not printed or backed with)
7410 11 00
7410 12 00
7410 21 00
7410 22 00
Copper tubes and pipes
7411 10 11
7411 10 19
7411 10 90
7411 21 10
7411 21 90
7411 22 00
7411 29 10
7411 29 90
Copper tube or pipe fittings
7412 10 00
7412 20 00
Stranded wire, cables, plaited bands and the like
7413 00 91
7413 00 99
Cloth (including endless bands), grill and netting
7414 20 00
7414 90 00
Nails, tacks, drawing pins, staples
7415 10 00
7415 21 00
7415 29 00
7415 31 00
7415 32 00
7415 39 00
Copper springs
7416 00 00
Cooking or heating apparatus
7417 00 00
Table, kitchen or other household articles
7418 11 00
7418 19 00
7418 20 00
Other articles of copper
7419 10 00
7419 91 00
7419 99 00
Aluminium bars, rods and profiles
7604 10 10
7604 10 90
7604 21 00
7604 29 10
7604 29 90
Aluminium wire
7605 11 00
7605 19 00
7605 21 00
7605 29 00
Aluminium plates, sheets and strip
7606 11 10
7606 11 91
7606 11 93
7606 11 99
7606 12 10
7606 12 50
7606 12 91
7606 12 93
7606 12 99
7606 91 00
7606 92 00
Aluminium foil
7607 11 10
7607 11 90
7607 19 10
7607 19 91
7607 19 99
7607 20 10
7607 20 91
7607 20 99
Aluminium tubes and pipes
7608 10 90
7608 20 30
7608 20 91
7608 20 99
Aluminium tube or pipe fittings
7609 00 00
Aluminium structures
7610 10 00
7610 90 10
7610 90 90
Aluminium reservoirs, tanks, vats
7611 00 00
Aluminium casks, drums, cans, boxes
7612 10 00
7612 90 10
7612 90 20
7612 90 91
7612 90 98
Aluminium containers for compressed or liquefied
7613 00 00
Stranded wire, cables, plaited bands and the like
7614 10 00
7614 90 00
Table, kitchen or other household articles
7615 11 00
7615 19 10
7615 19 90
7615 20 00
Other articles of aluminium
7616 10 00
7616 91 00
7616 99 10
7616 99 90
Unwrought lead
7801 10 00
7801 91 00
7801 99 91
7801 99 99
Tungsten (wolfram) and articles thereof, including waste
8101 10 00
8101 91 10
Molybdenum and articles thereof, including waste
8102 10 00
8102 91 10
8102 93 00
Magnesium and articles thereof, including waste
8104 11 00
8104 19 00
Cadmium and articles thereof, including waste
8107 10 10
Titanium and articles thereof, including waste
8108 10 10
8108 10 90
8108 90 30
8108 90 50
8108 90 70
8108 90 90
Zirconium and articles thereof, including waste
8109 10 10
8109 90 00
Antimony and articles thereof, including waste
8110 00 11
8110 00 19
Beryllium, chromium, germanium, vanadium, gallium
8112 20 31
8112 30 20
8112 30 90
8112 91 10
8112 91 31
8112 99 30
Cermets and articles thereof, including waste
8113 00 20
8113 00 40
Nuclear reactors; fuel elements (cartridges)
8401 10 00
8401 20 00
8401 30 00
8401 40 10
8401 40 90
Hydraulic turbines, water wheels, and regulators
8410 11 00
8410 12 00
8410 13 00
8410 90 10
8410 90 90
Turbo-jets, turbo-propellers and other gas turbines
8411 11 90
8411 12 90
8411 21 90
8411 22 90
8411 81 90
8411 82 91
8411 82 93
8411 82 99
8411 91 90
8411 99 90
Air or vacuum pumps, air or other gas compressors
8414 10 30
8414 10 50
8414 10 90
8414 20 91
8414 20 99
8414 30 30
8414 30 91
8414 30 99
8414 40 10
8414 40 90
8414 51 90
8414 59 30
8414 59 50
8414 59 90
8414 60 00
8414 80 21
8414 80 29
8414 80 31
8414 80 39
8414 80 41
8414 80 49
8414 80 60
8414 80 71
8414 80 79
8414 80 90
8414 90 90
Fork-lift trucks; other works trucks
8427 10 10
8427 10 90
8427 20 11
8427 20 19
8427 20 90
8427 90 00
Sewing machines, other than book-sewing machines
8452 10 11
8452 10 19
8452 10 90
8452 21 00
8452 29 00
8452 30 10
8452 30 90
8452 40 00
8452 90 00
Electro-mechanical domestic appliances
8509 10 10
8509 10 90
8509 20 00
8509 30 00
8509 40 00
8509 80 00
8509 90 10
8509 90 90
Electric instantaneous or storage water heaters
8516 29 91
8516 31 10
8516 31 90
8516 40 10
8516 40 90
8516 50 00
8516 60 70
8516 71 00
8516 72 00
8516 79 80
Turntables (record-decks), record-players, cassette-players
8519 10 00
8519 21 00
8519 29 00
8519 31 00
8519 39 00
8519 40 00
8519 93 31
8519 93 39
8519 93 81
8519 93 89
8519 99 12
8519 99 18
8519 99 90
Magnetic tape recorders and other sound recording
8520 10 00
8520 32 19
8520 32 50
8520 32 91
8520 32 99
8520 33 19
8520 33 90
8520 39 10
8520 39 90
8520 90 90
Video recording or reproducing apparatus
8521 10 30
8521 10 80
8521 90 00
Parts and accessories
8522 10 00
8522 90 30
8522 90 91
8522 90 98
Prepared unrecorded media for sound recording
8523 30 00
Records, tapes and other recorded media
8524 10 00
8524 32 00
8524 39 00
8524 51 00
8524 52 00
8524 53 00
8524 60 00
8524 99 00
Reception apparatus for radio-telephony
8527 12 10
8527 12 90
8527 13 10
8527 13 91
8527 13 99
8527 21 20
8527 21 52
8527 21 59
8527 21 70
8527 21 92
8527 21 98
8527 29 00
8527 31 11
8527 31 19
8527 31 91
8527 31 93
8527 31 98
8527 32 90
8527 39 10
8527 39 91
8527 39 99
8527 90 91
8527 90 99
Reception apparatus for television
8528 12 14
8528 12 16
8528 12 18
8528 12 22
8528 12 28
8528 12 52
8528 12 54
8528 12 56
8528 12 58
8528 12 62
8528 12 66
8528 12 72
8528 12 76
8528 12 81
8528 12 89
8528 12 91
8528 12 98
8528 13 00
8528 21 14
8528 21 16
8528 21 18
8528 21 90
8528 22 00
8528 30 10
8528 30 90
Parts suitable for use solely or principally with
8529 10 20
8529 10 31
8529 10 39
8529 10 40
8529 10 50
8529 10 70
8529 10 90
8529 90 51
8529 90 59
8529 90 70
8529 90 81
8529 90 89
Electric sound or visual signalling apparatus
8531 10 20
8531 10 30
8531 10 80
8531 80 90
8531 90 90
Thermionic, cold cathode or photocathode valves
8540 11 11
8540 11 13
8540 11 15
8540 11 19
8540 11 91
8540 11 99
8540 12 00
8540 20 10
8540 20 30
8540 20 90
8540 40 00
8540 50 00
8540 60 00
8540 71 00
8540 72 00
8540 79 00
8540 81 00
8540 89 11
8540 89 19
8540 89 90
8540 91 00
8540 99 00
Electronic integrated circuits and microassemblies
8542 14 25
Insulated (including enamelled or anodised) wire
8544 11 10
8544 11 90
8544 19 10
8544 19 90
8544 20 00
8544 30 90
8544 41 10
8544 41 90
8544 49 20
8544 49 80
8544 51 00
8544 59 10
8544 59 20
8544 59 80
8544 60 10
8544 60 90
8544 70 00
Motor vehicles for the transport of ten or more persons
8702 10 91
8702 10 99
8702 90 31
8702 90 39
8702 90 90
Motor vehicles for the transport of goods
8704 10 11
8704 10 19
8704 10 90
8704 21 10
8704 21 91
8704 21 99
8704 22 10
8704 23 10
8704 31 10
8704 31 91
8704 31 99
8704 32 10
8704 90 00
Special purpose motor vehicles
8705 10 00
8705 20 00
8705 30 00
8705 40 00
8705 90 10
8705 90 30
8705 90 90
Works trucks, self-propelled, not fitted with lift
8709 11 10
8709 11 90
8709 19 10
8709 19 90
8709 90 10
8709 90 90
Motor-cycles (including mopeds)
8711 10 00
8711 20 10
8711 20 91
8711 20 93
8711 20 98
8711 30 10
8711 30 90
8711 40 00
8711 50 00
8711 90 00
Bicycles and other cycles
8712 00 10
8712 00 30
8712 00 80
Photocopying apparatus
9009 11 00
9009 12 00
9009 21 00
9009 22 10
9009 22 90
9009 30 00
9009 90 10
9009 90 90
Liquid crystal devices
9013 10 00
9013 20 00
9013 80 11
9013 80 19
9013 80 30
9013 80 90
9013 90 10
9013 90 90
Wrist-watches, pocket-watches and other watches
9101 11 00
9101 12 00
9101 19 00
9101 21 00
9101 29 00
9101 91 00
9101 99 00
Wrist-watches, pocket-watches and other watches
9102 11 00
9102 12 00
9102 19 00
9102 21 00
9102 29 00
9102 91 00
9102 99 00
Clocks with watch movements
9103 10 00
9103 90 00
Other clocks
9105 11 00
9105 19 00
9105 21 00
9105 29 00
9105 91 00
9105 99 10
9105 99 90
Pianos, including automatic pianos; harpsichords
9201 10 10
9201 10 90
9201 20 00
9201 90 00
Revolvers and pistols
9302 00 10
9302 00 90
Other firearms and similar devices
9303 10 00
9303 20 30
9303 20 80
9303 30 00
9303 90 00
Other arms (for example, spring, air or gas guns)
9304 00 00
Parts and accessories of articles of Nos 9
9305 10 00
9305 21 00
9305 29 10
9305 29 30
9305 29 80
9305 90 90
Bombs, grenades, torpedoes, mines, missiles
9306 10 00
9306 21 00
9306 29 40
9306 29 70
9306 30 10
9306 30 91
9306 30 93
9306 30 98
9306 90 90
Seats (other than those of heading No 9402)
9401 20 00
9401 90 10
9401 90 30
9401 90 80
Other furniture and parts thereof
9403 40 10
9403 40 90
9403 90 10
9403 90 30
9403 90 90
Mattress supports; articles of bedding
9404 10 00
9404 21 10
9404 21 90
9404 29 10
9404 29 90
9404 30 10
9404 30 90
9404 90 10
9404 90 90
Lamps and lighting fittings including searchlights
9405 10 21
9405 10 29
9405 10 30
9405 10 50
9405 10 91
9405 10 99
9405 20 11
9405 20 19
9405 20 30
9405 20 50
9405 20 91
9405 20 99
9405 30 00
9405 40 10
9405 40 31
9405 40 35
9405 40 39
9405 40 91
9405 40 95
9405 40 99
9405 50 00
9405 60 91
9405 60 99
9405 91 11
9405 91 19
9405 91 90
9405 92 90
9405 99 90
Prefabricated buildings
9406 00 10
9406 00 31
9406 00 39
9406 00 90
Other toys; reduced-size ("scale") models
9503 10 10
9503 10 90
9503 20 10
9503 20 90
9503 30 10
9503 30 30
9503 30 90
9503 41 00
9503 49 10
9503 49 30
9503 49 90
9503 50 00
9503 60 10
9503 60 90
9503 70 00
9503 80 10
9503 80 90
9503 90 10
9503 90 32
9503 90 34
9503 90 35
9503 90 37
9503 90 51
9503 90 55
9503 90 99
Brooms, brushes
9603 10 00
9603 21 00
9603 29 10
9603 29 30
9603 29 90
9603 30 10
9603 30 90
9603 40 10
9603 40 90
9603 50 00
9603 90 10
9603 90 91
9603 90 99
Agricultural Products
CN code 96
Live horses, asses, mules and hinnies
0101 19 90
0101 20 90
Other live animals
0106 00 20
Edible offal of bovine animals, swine, sheep, goat
0206 30 21
0206 41 91
0206 80 91
0206 90 91
Meat and edible offal
0207 13 91
0207 14 91
0207 26 91
0207 27 91
0207 35 91
0207 36 89
Other meat and edible meat offal, fresh, chilled
0208 10 11
0208 10 19
0208 90 10
0208 90 50
0208 90 60
0208 90 80
Meat and edible meat offal, salted, in brine, drie
0210 90 10
0210 90 60
0210 90 79
0210 90 80
Birds' eggs, in shell, fresh, preserved or cooked
0407 00 90
Edible products of animal origin, not elsewhere sp
0410 00 00
Bulbs, tubers, tuberous roots, corms, crowns
0601 20 30
0601 20 90
Other live plants (including their roots), cutting
0602 20 90
0602 30 00
0602 40 10
0602 40 90
0602 90 10
0602 90 30
0602 90 41
0602 90 45
0602 90 49
0602 90 51
0602 90 59
0602 90 70
0602 90 91
0602 90 99
Foliage, branches and other parts of plants
0604 91 21
0604 91 29
0604 91 49
0604 99 90
Potatoes, fresh or chilled
0701 90 59
0701 90 90
Onions, shallots, garlic, leeks
0703 20 00
Other vegetables, fresh or chilled
0709 10 40
0709 51 30
0709 52 00
0709 60 99
0709 90 31
0709 90 71
0709 90 73
Vegetables (uncooked or cooked by steaming or boiling
0710 80 59
Vegetables provisionally preserved
0711 90 10
Dried vegetables, whole, cut, sliced, broken
0712 90 05
Other nuts, fresh or dried, whether or not shelled
0802 12 90
Dates, figs, pineapples, avocados, guavas, mangoes
0804 10 00
Citrus fruit, fresh or dried
0805 40 95
Grapes, fresh or dried
0806 20 91
0806 20 92
0806 20 98
Apricots, cherries, peaches (including nectarines)
0809 40 10
0809 40 90
Other fruit, fresh
0810 40 50
Fruit and nuts, uncooked or cooked by steaming
0811 20 19
0811 20 51
0811 20 90
0811 90 31
0811 90 50
0811 90 85
Fruit and nuts, provisionally preserved
0812 90 40
Fruit, dried
0813 10 00
0813 30 00
0813 40 30
0813 40 95
Coffee, whether or not roasted or decaffeinated
0901 12 00
0901 21 00
0901 22 00
0901 90 90
Cloves (whole fruit, cloves and stems)
0907 00 00
Ginger, saffron, turmeric (curcuma), thyme, bay leaf
0910 40 13
0910 40 19
0910 40 90
0910 91 90
0910 99 99
Seeds, fruit and spores, of a kind used for sowing
1209 11 00
1209 19 00
Locust beans, seaweeds and other algae, sugar beet
1212 92 00
Pig fat (including lard) and poultry fat
1501 00 90
Lard stearin, lard oil, oleostearin, oleo-oil
1503 00 90
Ground-nut oil and its fractions, whether or not refined
1508 10 90
1508 90 90
Palm oil and its fractions, whether or not refined
1511 90 11
1511 90 19
1511 90 99
Coconut (copra), palm kernel or babassu oil
1513 11 91
1513 11 99
1513 19 11
1513 19 19
1513 19 91
1513 19 99
1513 21 30
1513 21 90
1513 29 11
1513 29 19
1513 29 50
1513 29 91
1513 29 99
Other fixed vegetable fats and oils
1515 19 90
1515 21 90
1515 29 90
1515 50 19
1515 50 99
1515 90 29
1515 90 39
1515 90 51
1515 90 59
1515 90 91
1515 90 99
Animal or vegetable fats and oils
1516 10 10
1516 10 90
1516 20 91
1516 20 96
1516 20 98
Margarine; edible mixtures
1517 10 90
1517 90 91
1517 90 99
Animal or vegetable fats and oils
1518 00 10
1518 00 91
1518 00 99
Sausages and similar products, of meat, meat offal
1601 00 10
Extracts and juices of meat, fish or crustaceans
1603 00 10
Molasses
1703 10 00
1703 90 00
Cocoa paste, whether or not defatted
1803 10 00
1803 20 00
Cocoa butter, fat and oil
1804 00 00
Cocoa powder, not containing added sugar or other
1805 00 00
Vegetables, fruit, nuts and other edible parts
2001 90 60
2001 90 70
2001 90 75
2001 90 85
2001 90 91
Other vegetables prepared or preserved otherwise
2004 90 30
Other vegetables prepared or preserved otherwise
2005 70 10
2005 70 90
2005 90 10
2005 90 30
2005 90 50
2005 90 60
2005 90 70
2005 90 75
2005 90 80
Vegetables, fruit, nuts, fruit-peel and other parts
2006 00 91
Fruit, nuts and other edible parts of plants
2008 11 10
2008 11 92
2008 11 96
2008 19 11
2008 19 13
2008 19 51
2008 19 93
2008 30 71
2008 91 00
2008 92 12
2008 92 14
2008 92 32
2008 92 34
2008 92 36
2008 92 38
2008 99 11
2008 99 19
2008 99 38
2008 99 40
2008 99 47
Fruit juices (including grape must)
2009 80 36
2009 80 38
2009 80 88
2009 80 89
2009 80 95
2009 80 96
Yeasts (active or inactive)
2102 30 00
Sauces and preparations therefor
2103 10 00
2103 30 90
2103 90 90
Soups and broths and preparations therefor
2104 10 10
2104 10 90
2104 20 00
Food preparations not elsewhere specified
2106 90 92
Waters, including mineral waters and aerated water
2202 10 00
2202 90 10
Other fermented beverages (for example, cider)
2206 00 31
2206 00 39
2206 00 51
2206 00 59
2206 00 81
2206 00 89
Undenatured ethyl alcohol of an alcoholic strength
2208 50 11
2208 50 19
2208 50 91
2208 50 99
2208 60 11
2208 60 91
2208 60 99
2208 70 10
2208 70 90
2208 90 11
2208 90 19
2208 90 57
2208 90 69
2208 90 74
2208 90 78
Preparations of a kind used in animal feeding
2309 10 90
2309 90 91
2309 90 93
2309 90 98
Unmanufactured tobacco; tobacco refuse
2401 10 30
2401 10 50
2401 10 70
2401 10 80
2401 10 90
2401 20 30
2401 20 49
2401 20 50
2401 20 80
2401 20 90
2401 30 00
Cigars, cheroots, cigarillos and cigarettes
2402 10 00
2402 20 10
2402 20 90
2402 90 00
Other manufactured tobacco and manufactured tobacco
2403 10 10
2403 10 90
2403 91 00
2403 99 10
2403 99 90
Casein, caseinates and other casein derivatives
3501 10 90
3501 90 10
3501 90 90
Albumins
3502 90 70
Industrial monocarboxylic fatty acids; acid oils
3823 12 00
3823 70 00
Annex XII to Protocol 1
PRODUCTS FOR WHICH THE CUMULATION PROVISIONS WITH SOUTH AFRICA
REFERRED TO IN ARTICLE 6(3) APPLY AFTER 6 YEARS FROM THE PROVISIONAL
APPLICATION OF THE AGREEMENT ON TRADE, DEVELOPMENT AND COOPERATION
BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF SOUTH AFRICA
Industrial Products (1)
CN code 96
Woven fabrics of cotton, containing 85 % or more
5208 11 10
5208 11 90
5208 12 11
5208 12 13
5208 12 15
5208 12 19
5208 12 91
5208 12 93
5208 12 95
5208 12 99
5208 13 00
5208 19 00
5208 21 10
5208 21 90
5208 22 11
5208 22 13
5208 22 15
5208 22 19
5208 22 91
5208 22 93
5208 22 95
5208 22 99
5208 23 00
5208 29 00
5208 31 00
5208 32 11
5208 32 13
5208 32 15
5208 32 19
5208 32 91
5208 32 93
5208 32 95
5208 32 99
5208 33 00
5208 39 00
5208 41 00
5208 42 00
5208 43 00
5208 49 00
5208 51 00
5208 52 10
5208 52 90
5208 53 00
5208 59 00
Woven fabrics of cotton, containing 85 % or more
5209 11 00
5209 12 00
5209 19 00
5209 21 00
5209 22 00
5209 29 00
5209 31 00
5209 32 00
5209 39 00
5209 41 00
5209 42 00
5209 43 00
5209 49 10
5209 49 90
5209 51 00
5209 52 00
5209 59 00
Woven fabrics of cotton, containing less than 85 %
5210 11 10
5210 11 90
5210 12 00
5210 19 00
5210 21 10
5210 21 90
5210 22 00
5210 29 00
5210 31 10
5210 31 90
5210 32 00
5210 39 00
5210 41 00
5210 42 00
5210 49 00
5210 51 00
5210 52 00
5210 59 00
Woven fabrics of cotton, containing less than 85 %
5211 11 00
5211 12 00
5211 19 00
5211 21 00
5211 22 00
5211 29 00
5211 31 00
5211 32 00
5211 39 00
5211 41 00
5211 42 00
5211 43 00
5211 49 10
5211 49 90
5211 51 00
5211 52 00
5211 59 00
Other woven fabrics of cotton
5212 11 10
5212 11 90
5212 12 10
5212 12 90
5212 13 10
5212 13 90
5212 14 10
5212 14 90
5212 15 10
5212 15 90
5212 21 10
5212 21 90
5212 22 10
5212 22 90
5212 23 10
5212 23 90
5212 24 10
5212 24 90
5212 25 10
5212 25 90
Woven fabrics of synthetic staple fibres
5512 11 00
5512 19 10
5512 19 90
5512 21 00
5512 29 10
5512 29 90
5512 91 00
5512 99 10
5512 99 90
Woven fabrics of synthetic staple fibres
5513 11 10
5513 11 30
5513 11 90
5513 12 00
5513 13 00
5513 19 00
5513 21 10
5513 21 30
5513 21 90
5513 22 00
5513 23 00
5513 29 00
5513 31 00
5513 32 00
5513 33 00
5513 39 00
5513 41 00
5513 42 00
5513 43 00
5513 49 00
Woven fabrics of synthetic staple fibres
5514 11 00
5514 12 00
5514 13 00
5514 19 00
5514 21 00
5514 22 00
5514 23 00
5514 29 00
5514 31 00
5514 32 00
5514 33 00
5514 39 00
5514 41 00
5514 42 00
5514 43 00
5514 49 00
Other woven fabrics of synthetic staple fibres
5515 11 10
5515 11 30
5515 11 90
5515 12 10
5515 12 30
5515 12 90
5515 13 11
5515 13 19
5515 13 91
5515 13 99
5515 19 10
5515 19 30
5515 19 90
5515 21 10
5515 21 30
5515 21 90
5515 22 11
5515 22 19
5515 22 91
5515 22 99
5515 29 10
5515 29 30
5515 29 90
5515 91 10
5515 91 30
5515 91 90
5515 92 11
5515 92 19
5515 92 91
5515 92 99
5515 99 10
5515 99 30
5515 99 90
Woven fabrics of artificial staple fibres
5516 11 00
5516 12 00
5516 13 00
5516 14 00
5516 21 00
5516 22 00
5516 23 10
5516 23 90
5516 24 00
5516 31 00
5516 32 00
5516 33 00
5516 34 00
5516 41 00
5516 42 00
5516 43 00
5516 44 00
5516 91 00
5516 92 00
5516 93 00
5516 94 00
Twine, cordage, ropes and cables
5607 10 00
5607 21 00
5607 29 10
5607 29 90
5607 30 00
5607 41 00
5607 49 11
5607 49 19
5607 49 90
5607 50 11
5607 50 19
5607 50 30
5607 50 90
5607 90 00
Knotted netting of twine, cordage or rope
5608 11 11
5608 11 19
5608 11 91
5608 11 99
5608 19 11
5608 19 19
5608 19 31
5608 19 39
5608 19 91
5608 19 99
5608 90 00
Carpets and other textile floor coverings, woven
5702 10 00
5702 20 00
5702 31 10
5702 31 30
5702 31 90
5702 32 10
5702 32 90
5702 39 10
5702 39 90
5702 41 10
5702 41 90
5702 42 10
5702 42 90
5702 49 10
5702 49 90
5702 51 00
5702 52 00
5702 59 00
5702 91 00
5702 92 00
5702 99 00
Carpets and other textile floor coverings, tufted
5703 10 10
5703 10 90
5703 20 11
5703 20 19
5703 20 91
5703 20 99
5703 30 11
5703 30 19
5703 30 51
5703 30 59
5703 30 91
5703 30 99
5703 90 10
5703 90 90
Carpets and other textile floor coverings, of felt
5704 10 00
5704 90 00
Other carpets and other textile floor coverings
5705 00 10
5705 00 31
5705 00 39
5705 00 90
Other knitted or crocheted fabrics
6002 10 10
6002 10 90
6002 20 10
6002 20 31
6002 20 39
6002 20 50
6002 20 70
6002 20 90
6002 30 10
6002 30 90
6002 41 00
6002 42 10
6002 42 30
6002 42 50
6002 42 90
6002 43 11
6002 43 19
6002 43 31
6002 43 33
6002 43 35
6002 43 39
6002 43 50
6002 43 91
6002 43 93
6002 43 95
6002 43 99
6002 49 00
6002 91 00
6002 92 10
6002 92 30
6002 92 50
6002 92 90
6002 93 10
6002 93 31
6002 93 33
6002 93 35
6002 93 39
6002 93 91
6002 93 99
6002 99 00
Men's or boys' suits, ensembles, jackets, blazers
6103 11 00
6103 12 00
6103 19 00
6103 21 00
6103 22 00
6103 23 00
6103 29 00
6103 31 00
6103 32 00
6103 33 00
6103 39 00
Women's or girls' suits, ensembles, jackets, blazers
6104 11 00
6104 12 00
6104 13 00
6104 19 00
6104 21 00
6104 22 00
6104 23 00
6104 29 00
6104 31 00
6104 32 00
6104 33 00
6104 39 00
6104 41 00
6104 42 00
6104 43 00
6104 44 00
6104 49 00
Men's or boys' shirts, knitted or crocheted
6105 10 00
6105 20 10
6105 20 90
6105 90 10
6105 90 90
Women's or girls' blouses, shirts and shirt-blouses
6106 10 00
6106 20 00
6106 90 10
6106 90 30
6106 90 50
6106 90 90
T-shirts, singlets and other vests, knitted or crocheted
6109 90 90
Jerseys, pullovers, cardigans, waistcoats and similar
6110 10 10
6110 10 31
6110 10 35
6110 10 38
6110 10 91
6110 10 95
6110 10 98
6110 20 10
6110 20 91
6110 20 99
6110 30 10
6110 30 91
6110 30 99
6110 90 10
6110 90 90
Babies' garments and clothing accessories, knitted
6111 10 10
6111 10 90
6111 20 10
6111 20 90
6111 30 10
6111 30 90
6111 90 00
Men's or boys' suits, ensembles, jackets, blazers
6203 11 00
6203 12 00
6203 19 10
6203 19 30
6203 19 90
6203 21 00
6203 22 10
6203 22 80
6203 23 10
6203 23 80
6203 29 11
6203 29 18
6203 29 90
6203 31 00
6203 32 10
6203 32 90
6203 33 10
6203 33 90
6203 39 11
6203 39 19
6203 39 90
Women's or girls' suits, ensembles, jackets, blazers
6204 11 00
6204 12 00
6204 13 00
6204 19 10
6204 19 90
6204 21 00
6204 22 10
6204 22 80
6204 23 10
6204 23 80
6204 29 11
6204 29 18
6204 29 90
6204 31 00
6204 32 10
6204 32 90
6204 33 10
6204 33 90
6204 39 11
6204 39 19
6204 39 90
6204 41 00
6204 42 00
6204 43 00
6204 44 00
6204 49 10
6204 49 90
Women's or girls' blouses, shirts and shirt-blouses
6206 10 00
6206 20 00
6206 30 00
6206 40 00
6206 90 10
6206 90 90
Babies' garments and clothing accessories
6209 10 00
6209 20 00
6209 30 00
6209 90 00
Garments, made up of fabrics of heading No 5602, 5
6210 10 10
6210 10 91
6210 10 99
6210 20 00
6210 30 00
6210 40 00
6210 50 00
Track suits, ski suits and swimwear; other garments
6211 11 00
6211 12 00
6211 20 00
6211 31 00
6211 32 10
6211 32 31
6211 32 41
6211 32 42
6211 32 90
6211 33 10
6211 33 31
6211 33 41
6211 33 42
6211 33 90
6211 39 00
6211 41 00
6211 42 10
6211 42 31
6211 42 41
6211 42 42
6211 42 90
6211 43 10
6211 43 31
6211 43 41
6211 43 42
6211 43 90
6211 49 00
Bed linen, table linen, toilet linen and kitchen linen
6302 10 10
6302 10 90
6302 21 00
6302 22 10
6302 22 90
6302 29 10
6302 29 90
6302 31 10
6302 31 90
6302 32 10
6302 32 90
6302 39 10
6302 39 30
6302 39 90
6302 40 00
6302 51 10
6302 51 90
6302 52 00
6302 53 10
6302 53 90
6302 59 00
6302 60 00
6302 91 10
6302 91 90
6302 92 00
6302 93 10
6302 93 90
6302 99 00
Curtains (including drapes) and interior blinds
6303 11 00
6303 12 00
6303 19 00
6303 91 00
6303 92 10
6303 92 90
6303 99 10
6303 99 90
Other furnishing articles
6304 11 00
6304 19 10
6304 19 30
6304 19 90
6304 91 00
6304 92 00
6304 93 00
6304 99 00
Industrial Products (2)
CN code 96
Hydrogen, rare gases and other non-metals
2804 69 00
Colloidal precious metals; inorganic or organic
2843 10 90
2843 30 00
2843 90 90
Oxygen-function amino-compounds
2922 41 00
Pig iron and spiegeleisen in pigs, blocks or other
7201 10 11
7201 10 19
7201 10 30
7201 20 00
7201 50 90
Ferro-alloys
7202 11 20
7202 11 80
7202 19 00
7202 21 10
7202 21 90
7202 29 00
7202 30 00
7202 41 10
7202 41 91
7202 41 99
7202 49 10
7202 49 50
7202 49 90
Ferrous products obtained by direct reduction
7203 90 00
Ferrous waste and scrap; remelting scrap ingots
7204 50 90
Iron and non-alloy steel in ingots or other
7206 10 00
7206 90 00
Semi-finished products of iron or non-alloy steel
7207 11 11
7207 11 14
7207 11 16
7207 12 10
7207 19 11
7207 19 14
7207 19 16
7207 19 31
7207 20 11
7207 20 15
7207 20 17
7207 20 32
7207 20 51
7207 20 55
7207 20 57
7207 20 71
Flat-rolled products of iron or non-alloy steel
7208 10 00
7208 25 00
7208 26 00
7208 27 00
7208 36 00
7208 37 10
7208 37 90
7208 38 10
7208 38 90
7208 39 10
7208 39 90
7208 40 10
7208 40 90
7208 51 10
7208 51 30
7208 51 50
7208 51 91
7208 51 99
7208 52 10
7208 52 91
7208 52 99
7208 53 10
7208 53 90
7208 54 10
7208 54 90
7208 90 10
Flat-rolled products of iron or non-alloy steel
7209 15 00
7209 16 10
7209 16 90
7209 17 10
7209 17 90
7209 18 10
7209 18 91
7209 18 99
7209 25 00
7209 26 10
7209 26 90
7209 27 10
7209 27 90
7209 28 10
7209 28 90
7209 90 10
Flat-rolled products of iron or non-alloy steel
7210 11 10
7210 12 11
7210 12 19
7210 20 10
7210 30 10
7210 41 10
7210 49 10
7210 50 10
7210 61 10
7210 69 10
7210 70 31
7210 70 39
7210 90 31
7210 90 33
7210 90 38
Flat-rolled products of iron or non-alloy steel
7211 13 00
7211 14 10
7211 14 90
7211 19 20
7211 19 90
7211 23 10
7211 23 51
7211 29 20
7211 90 11
Flat-rolled products of iron or non-alloy steel
7212 10 10
7212 10 91
7212 20 11
7212 30 11
7212 40 10
7212 40 91
7212 50 31
7212 50 51
7212 60 11
7212 60 91
Bars and rods, hot-rolled
7213 10 00
7213 20 00
7213 91 10
7213 91 20
7213 91 41
7213 91 49
7213 91 70
7213 91 90
7213 99 10
7213 99 90
Other bars and rods of iron or non-alloy steel
7214 20 00
7214 30 00
7214 91 10
7214 91 90
7214 99 10
7214 99 31
7214 99 39
7214 99 50
7214 99 61
7214 99 69
7214 99 80
7214 99 90
Other bars and rods of iron or non-alloy steel
7215 90 10
Angles, shapes and sections of iron or non-alloy steel
7216 10 00
7216 21 00
7216 22 00
7216 31 11
7216 31 19
7216 31 91
7216 31 99
7216 32 11
7216 32 19
7216 32 91
7216 32 99
7216 33 10
7216 33 90
7216 40 10
7216 40 90
7216 50 10
7216 50 91
7216 50 99
7216 99 10
Stainless steel in ingots or other primary forms
7218 10 00
7218 91 11
7218 91 19
7218 99 11
7218 99 20
Flat-rolled products of stainless steel
7219 11 00
7219 12 10
7219 12 90
7219 13 10
7219 13 90
7219 14 10
7219 14 90
7219 21 10
7219 21 90
7219 22 10
7219 22 90
7219 23 00
7219 24 00
7219 31 00
7219 32 10
7219 32 90
7219 33 10
7219 33 90
7219 34 10
7219 34 90
7219 35 10
7219 35 90
7219 90 10
Flat-rolled products of stainless steel
7220 11 00
7220 12 00
7220 20 10
7220 90 11
7220 90 31
Bars and rods, hot-rolled
7221 00 10
7221 00 90
Other bars and rods of stainless steel
7222 11 11
7222 11 19
7222 11 21
7222 11 29
7222 11 91
7222 11 99
7222 19 10
7222 19 90
7222 30 10
7222 40 10
7222 40 30
Other alloy steel in ingots or other primary forms
7224 10 00
7224 90 01
7224 90 05
7224 90 08
7224 90 15
7224 90 31
7224 90 39
Flat-rolled products of other alloy steel
7225 11 00
7225 19 10
7225 19 90
7225 20 20
7225 30 00
7225 40 20
7225 40 50
7225 40 80
7225 50 00
7225 91 10
7225 92 10
7225 99 10
Flat-rolled products of other alloy steel
7226 11 10
7226 19 10
7226 19 30
7226 20 20
7226 91 10
7226 91 90
7226 92 10
7226 93 20
7226 94 20
7226 99 20
Bars and rods, hot-rolled
7227 10 00
7227 20 00
7227 90 10
7227 90 50
7227 90 95
Other bars and rods of other alloy steel
7228 10 10
7228 10 30
7228 20 11
7228 20 19
7228 20 30
7228 30 20
7228 30 41
7228 30 49
7228 30 61
7228 30 69
7228 30 70
7228 30 89
7228 60 10
7228 70 10
7228 70 31
7228 80 10
7228 80 90
Sheet piling of iron or steel
7301 10 00
Railway or tramway track construction material
7302 10 31
7302 10 39
7302 10 90
7302 20 00
7302 40 10
7302 90 10
Tubes, pipes and hollow profiles, of cast iron
7303 00 10
7303 00 90
Tube or pipe fittings (for example couplings)
7307 11 10
7307 11 90
7307 19 10
7307 19 90
7307 21 00
7307 22 10
7307 22 90
7307 23 10
7307 23 90
7307 29 10
7307 29 30
7307 29 90
7307 91 00
7307 92 10
7307 92 90
7307 93 11
7307 93 19
7307 93 91
7307 93 99
7307 99 10
7307 99 30
7307 99 90
Reservoirs, tanks, vats and similar containers
7309 00 10
7309 00 30
7309 00 51
7309 00 59
7309 00 90
Tanks, casks, drums, cans, boxes and similar containers
7310 10 00
7310 21 10
7310 21 91
7310 21 99
7310 29 10
7310 29 90
Containers for compressed or liquefied gas
7311 00 10
7311 00 91
7311 00 99
Stranded wire, ropes, cables, plaited bands
7312 10 30
7312 10 51
7312 10 59
7312 10 71
7312 10 75
7312 10 79
7312 10 82
7312 10 84
7312 10 86
7312 10 88
7312 10 99
7312 90 90
Barbed wire of iron or steel
7313 00 00
Chain and parts thereof, of iron or steel
7315 11 10
7315 11 90
7315 12 00
7315 19 00
7315 20 00
7315 81 00
7315 82 10
7315 82 90
7315 89 00
7315 90 00
Screws, bolts, nuts, coach screws, screw hooks
7318 11 00
7318 12 10
7318 12 90
7318 13 00
7318 14 10
7318 14 91
7318 14 99
7318 15 10
7318 15 20
7318 15 30
7318 15 41
7318 15 49
7318 15 51
7318 15 59
7318 15 61
7318 15 69
7318 15 70
7318 15 81
7318 15 89
7318 15 90
7318 16 10
7318 16 30
7318 16 50
7318 16 91
7318 16 99
7318 19 00
7318 21 00
7318 22 00
7318 23 00
7318 24 00
7318 29 00
Sewing needles, knitting needles, bodkins, crochets
7319 10 00
7319 20 00
7319 30 00
7319 90 00
Springs and leaves for springs, of iron or steel
7320 10 11
7320 10 19
7320 10 90
7320 20 20
7320 20 81
7320 20 85
7320 20 89
7320 90 10
7320 90 30
7320 90 90
Stoves, ranges, grates, cookers
7321 11 10
7321 11 90
7321 12 00
7321 13 00
7321 81 10
7321 81 90
7321 82 10
7321 82 90
7321 83 00
7321 90 00
Radiators for central heating
7322 11 00
7322 19 00
7322 90 90
Table, kitchen or other household articles
7323 10 00
7323 91 00
7323 92 00
7323 93 10
7323 93 90
7323 94 10
7323 94 90
7323 99 10
7323 99 91
7323 99 99
Sanitary ware and parts thereof, of iron or steel
7324 10 90
7324 21 00
7324 29 00
7324 90 90
Other cast articles of iron or steel
7325 10 20
7325 10 50
7325 10 91
7325 10 99
7325 91 00
7325 99 10
7325 99 91
7325 99 99
Other articles of iron or steel
7326 11 00
7326 19 10
7326 19 90
7326 20 30
7326 20 50
7326 20 90
7326 90 10
7326 90 30
7326 90 40
7326 90 50
7326 90 60
7326 90 70
7326 90 80
7326 90 91
7326 90 93
7326 90 95
7326 90 97
Unwrought zinc
7901 11 00
7901 12 10
7901 12 30
7901 12 90
7901 20 00
Zinc dust, powders and flakes
7903 10 00
7903 90 00
Motor vehicles for the transport of ten or more persons
8702 10 11
8702 10 19
8702 90 11
8702 90 19
Motor vehicles for the transport of goods
8704 21 31
8704 21 39
8704 22 91
8704 22 99
8704 23 91
8704 23 99
8704 31 31
8704 31 39
8704 32 91
8704 32 99
Annex XIII to Protocol 1
PRODUCTS TO WHICH ARTICLE 6(3) SHALL NOT BE APPLICABLE
Industrial Products (1)
CN code 96
Motor cars and other motor vehicles
8703 10 10
8703 10 90
8703 21 10
8703 21 90
8703 22 11
8703 22 19
8703 22 90
8703 23 11
8703 23 19
8703 23 90
8703 24 10
8703 24 90
8703 31 10
8703 31 90
8703 32 11
8703 32 19
8703 32 90
8703 33 11
8703 33 19
8703 33 90
8703 90 10
8703 90 90
Chassis fitted with engines
8706 00 11
8706 00 19
8706 00 91
8706 00 99
Bodies (including cabs), for the motor vehicles
8707 10 10
8707 10 90
8707 90 10
8707 90 90
Parts and accessories of the motor vehicles
8708 10 10
8708 10 90
8708 21 10
8708 21 90
8708 29 10
8708 29 90
8708 31 10
8708 31 91
8708 31 99
8708 39 10
8708 39 90
8708 40 10
8708 40 90
8708 50 10
8708 50 90
8708 60 10
8708 60 91
8708 60 99
8708 70 10
8708 70 50
8708 70 91
8708 70 99
8708 80 10
8708 80 90
8708 91 10
8708 91 90
8708 92 10
8708 92 90
8708 93 10
8708 93 90
8708 94 10
8708 94 90
8708 99 10
8708 99 30
8708 99 50
8708 99 92
8708 99 98
Industrial Products (2)
CN code 96
Unwrought aluminium
7601 10 00
7601 20 10
7601 20 91
7601 20 99
Aluminium powders and flakes
7603 10 00
7603 20 00
Agricultural Products (1)
CN code 96
Live horses, asses, mules and hinnies
0101 20 10
Milk and cream, not concentrated
0401 10 10
0401 10 90
0401 20 11
0401 20 19
0401 20 91
0401 20 99
0401 30 11
0401 30 19
0401 30 31
0401 30 39
0401 30 91
0401 30 99
Buttermilk, curdled milk and cream, yogurt, kephir
0403 10 11
0403 10 13
0403 10 19
0403 10 31
0403 10 33
0403 10 39
Potatoes, fresh or chilled
0701 90 51
Leguminous vegetables, shelled or unshelled, fresh or chilled
0708 10 20
0708 10 95
Other vegetables, fresh or chilled
0709 51 90
0709 60 10
Vegetables (uncooked or cooked by steaming or boiled)
0710 80 95
Vegetables provisionally preserved
0711 10 00
0711 30 00
0711 90 60
0711 90 70
Dates, figs, pineapples, avocados, guavas, mangoes
0804 20 90
0804 30 00
0804 40 20
0804 40 90
0804 40 95
Grapes, fresh or dried
0806 10 29 (3) (12)
0806 20 11
0806 20 12
0806 20 18
Melons (including watermelons) and papaws (papayas)
0807 11 00
0807 19 00
Apricots, cherries, peaches (including nectarines)
0809 30 11 (5) (12)
0809 30 51 (6) (12)
Other fruit, fresh
0810 90 40
0810 90 85
Fruit and nuts, provisionally preserved
0812 10 00
0812 20 00
0812 90 50
0812 90 60
0812 90 70
0812 90 95
Fruit, dried
0813 40 10
0813 50 15
0813 50 19
0813 50 39
0813 50 91
0813 50 99
Pepper of the genus Piper; dried or crushed
0904 20 10
Soya-bean oil and its fractions
1507 10 10
1507 10 90
1507 90 10
1507 90 90
Sunflower-seed, safflower or cotton-seed oil
1512 11 10
1512 11 91
1512 11 99
1512 19 10
1512 19 91
1512 19 99
1512 21 10
1512 21 90
1512 29 10
1512 29 90
Rape, colza or mustard oil and fractions thereof
1514 10 10
1514 10 90
1514 90 10
1514 90 90
Fruit, nuts and other edible parts of plants
2008 19 59
Fruit juices (including grape must)
2009 20 99
2009 40 99
2009 80 99
Unmanufactured tobacco; tobacco refuse
2401 10 10
2401 10 20
2401 10 41
2401 10 49
2401 10 60
2401 20 10
2401 20 20
2401 20 41
2401 20 60
2401 20 70
Agricultural Products (2)
CN code 96
Cut flowers and flower buds
0603 10 55
0603 10 61
0603 10 69 (11)
Onions, shallots, garlic, leeks
0703 10 11
0703 10 19
0703 10 90
0703 90 00
Cabbages, cauliflowers, kohlrabi, kale and similar
0704 10 05
0704 10 10
0704 10 80
0704 20 00
0704 90 10
0704 90 90
Lettuce (Lactuca sativa) and chicory
0705 11 05
0705 11 10
0705 11 80
0705 19 00
0705 21 00
0705 29 00
Carrots, turnips, salad beetroot, salsify, celeriac
0706 10 00
0706 90 05
0706 90 11
0706 90 17
0706 90 30
0706 90 90
Leguminous vegetables, shelled or unshelled, fresh or chilled
0708 10 90
0708 20 20
0708 20 90
0708 20 95
0708 90 00
Other vegetables, fresh or chilled
0709 10 30 (12)
0709 30 00
0709 40 00
0709 51 10
0709 51 50
0709 70 00
0709 90 10
0709 90 20
0709 90 40
0709 90 50
0709 90 90
Vegetables (uncooked or cooked by steaming or boiled)
0710 10 00
0710 21 00
0710 22 00
0710 29 00
0710 30 00
0710 80 10
0710 80 51
0710 80 61
0710 80 69
0710 80 70
0710 80 80
0710 80 85
0710 90 00
Vegetables provisionally preserved
0711 20 10
0711 40 00
0711 90 40
0711 90 90
Dried vegetables, whole, cut, sliced, broken
0712 20 00
0712 30 00
0712 90 30
0712 90 50
0712 90 90
Manioc, arrowroot, salep, Jerusalem artichokes
0714 90 11
0714 90 19
Other nuts, fresh or dried, whether or not shelled
0802 11 90
0802 21 00
0802 22 00
0802 40 00
Bananas, including plantains, fresh or dried
0803 00 11
0803 00 90
Dates, figs, pineapples, avocados, guavas, mangoes
0804 20 10
Citrus fruit, fresh or dried
0805 20 21 (1) (12)
0805 20 23 (1) (12)
0805 20 25 (1) (12)
0805 20 27 (1) (12)
0805 20 29 (1) (12)
0805 30 90
0805 90 00
Grapes, fresh or dried
0806 10 95
0806 10 97
Apples, pears and quinces, fresh
0808 10 10 (12)
0808 20 10 (12)
0808 20 90
Apricots, cherries, peaches (including nectarines)
0809 10 10 (12)
0809 10 50 (12)
0809 20 19 (12)
0809 20 29 (12)
0809 30 11 (7) (12)
0809 30 19 (12)
0809 30 51 (8) (12)
0809 30 59 (12)
0809 40 40 (12)
Other fruit, fresh
0810 10 05
0810 20 90
0810 30 10
0810 30 30
0810 30 90
0810 40 90
0810 50 00
Fruit and nuts, uncooked or cooked by steaming
0811 20 11
0811 20 31
0811 20 39
0811 20 59
0811 90 11
0811 90 19
0811 90 39
0811 90 75
0811 90 80
0811 90 95
Fruit and nuts, provisionally preserved
0812 90 10
0812 90 20
Fruit, dried
0813 20 00
Wheat and meslin
1001 90 10
Buckwheat, millet and canary seed; other cereals
1008 10 00
1008 20 00
1008 90 90
Flour, meal, powder, flakes, granules and pellets
1105 10 00
1105 20 00
Flour, meal and powder of the dried leguminous vegetables
1106 10 00
1106 30 10
1106 30 90
Fats and oils and their fractions, of fish
1504 30 11
Other prepared or preserved meat, meat offal
1602 20 11
1602 20 19
1602 31 11
1602 31 19
1602 31 30
1602 31 90
1602 32 19
1602 32 30
1602 32 90
1602 39 29
1602 39 40
1602 39 80
1602 41 90
1602 42 90
1602 90 31
1602 90 72
1602 90 76
Vegetables, fruit, nuts and other edible parts
2001 10 00
2001 20 00
2001 90 50
2001 90 65
2001 90 96
Mushrooms and truffles, prepared or preserved
2003 10 20
2003 10 30
2003 10 80
2003 20 00
Other vegetables prepared or preserved otherwise
2004 10 10
2004 10 99
2004 90 50
2004 90 91
2004 90 98
Other vegetables prepared or preserved otherwise
2005 10 00
2005 20 20
2005 20 80
2005 40 00
2005 51 00
2005 59 00
Vegetables, fruit, nuts, fruit-peel
2006 00 31
2006 00 35
2006 00 38
2006 00 99
Jams, fruit jellies, marmalades, fruit or nut puree
2007 10 91
2007 99 93
Fruit, nuts and other edible parts of plants
2008 11 94
2008 11 98
2008 19 19
2008 19 95
2008 19 99
2008 20 51
2008 20 59
2008 20 71
2008 20 79
2008 20 91
2008 20 99
2008 30 11
2008 30 39
2008 30 51
2008 30 59
2008 40 11
2008 40 21
2008 40 29
2008 40 39
2008 60 11
2008 60 31
2008 60 39
2008 60 59
2008 60 69
2008 60 79
2008 60 99
2008 70 11
2008 70 31
2008 70 39
2008 70 59
2008 80 11
2008 80 31
2008 80 39
2008 80 50
2008 80 70
2008 80 91
2008 80 99
2008 99 23
2008 99 25
2008 99 26
2008 99 28
2008 99 36
2008 99 45
2008 99 46
2008 99 49
2008 99 53
2008 99 55
2008 99 61
2008 99 62
2008 99 68
2008 99 72
2008 99 74
2008 99 79
2008 99 99
Fruit juices (including grape must)
2009 11 19
2009 11 91
2009 19 19
2009 19 91
2009 19 99
2009 20 19
2009 20 91
2009 30 19
2009 30 31
2009 30 39
2009 30 51
2009 30 55
2009 30 91
2009 30 95
2009 30 99
2009 40 19
2009 40 91
2009 80 19
2009 80 50
2009 80 61
2009 80 63
2009 80 73
2009 80 79
2009 80 83
2009 80 84
2009 80 86
2009 80 97
2009 90 19
2009 90 29
2009 90 39
2009 90 41
2009 90 51
2009 90 59
2009 90 73
2009 90 79
2009 90 92
2009 90 94
2009 90 95
2009 90 96
2009 90 97
2009 90 98
Other fermented beverages (for example, cider)
2206 00 10
Wine lees; argol
2307 00 19
Vegetable materials and vegetable waste
2308 90 19
Agricultural Products (3)
CN code 96
Live swine
0103 91 10
0103 92 11
0103 92 19
Live sheep and goats
0104 10 30
0104 10 80
0104 20 90
Live poultry, that is to say, fowls of the species
0105 11 11
0105 11 19
0105 11 91
0105 11 99
0105 12 00
0105 19 20
0105 19 90
0105 92 00
0105 93 00
0105 99 10
0105 99 20
0105 99 30
0105 99 50
Meat of swine, fresh, chilled or frozen
0203 11 10
0203 12 11
0203 12 19
0203 19 11
0203 19 13
0203 19 15
0203 19 55
0203 19 59
0203 21 10
0203 22 11
0203 22 19
0203 29 11
0203 29 13
0203 29 15
0203 29 55
0203 29 59
Meat of sheep or goats, fresh, chilled or frozen
0204 10 00
0204 21 00
0204 22 10
0204 22 30
0204 22 50
0204 22 90
0204 23 00
0204 30 00
0204 41 00
0204 42 10
0204 42 30
0204 42 50
0204 42 90
0204 43 10
0204 43 90
0204 50 11
0204 50 13
0204 50 15
0204 50 19
0204 50 31
0204 50 39
0204 50 51
0204 50 53
0204 50 55
0204 50 59
0204 50 71
0204 50 79
Meat and edible offal
0207 11 10
0207 11 30
0207 11 90
0207 12 10
0207 12 90
0207 13 10
0207 13 20
0207 13 30
0207 13 40
0207 13 50
0207 13 60
0207 13 70
0207 13 99
0207 14 10
0207 14 20
0207 14 30
0207 14 40
0207 14 50
0207 14 60
0207 14 70
0207 14 99
0207 24 10
0207 24 90
0207 25 10
0207 25 90
0207 26 10
0207 26 20
0207 26 30
0207 26 40
0207 26 50
0207 26 60
0207 26 70
0207 26 80
0207 26 99
0207 27 10
0207 27 20
0207 27 30
0207 27 40
0207 27 50
0207 27 60
0207 27 70
0207 27 80
0207 27 99
0207 32 11
0207 32 15
0207 32 19
0207 32 51
0207 32 59
0207 32 90
0207 33 11
0207 33 19
0207 33 51
0207 33 59
0207 33 90
0207 35 11
0207 35 15
0207 35 21
0207 35 23
0207 35 25
0207 35 31
0207 35 41
0207 35 51
0207 35 53
0207 35 61
0207 35 63
0207 35 71
0207 35 79
0207 35 99
0207 36 11
0207 36 15
0207 36 21
0207 36 23
0207 36 25
0207 36 31
0207 36 41
0207 36 51
0207 36 53
0207 36 61
0207 36 63
0207 36 71
0207 36 79
0207 36 90
Pig fat, free of lean meat, and poultry fat
0209 00 11
0209 00 19
0209 00 30
0209 00 90
Meat and edible meat offal, salted, in brine
0210 11 11
0210 11 19
0210 11 31
0210 11 39
0210 11 90
0210 12 11
0210 12 19
0210 12 90
0210 19 10
0210 19 20
0210 19 30
0210 19 40
0210 19 51
0210 19 59
0210 19 60
0210 19 70
0210 19 81
0210 19 89
0210 19 90
0210 90 11
0210 90 19
0210 90 21
0210 90 29
0210 90 31
0210 90 39
Milk and cream, concentrated
0402 91 11
0402 91 19
0402 91 31
0402 91 39
0402 91 51
0402 91 59
0402 91 91
0402 91 99
0402 99 11
0402 99 19
0402 99 31
0402 99 39
0402 99 91
0402 99 99
Buttermilk, curdled milk and cream, yogurt, kephir
0403 90 51
0403 90 53
0403 90 59
0403 90 61
0403 90 63
0403 90 69
Whey, whether or not concentrated
0404 10 48
0404 10 52
0404 10 54
0404 10 56
0404 10 58
0404 10 62
0404 10 72
0404 10 74
0404 10 76
0404 10 78
0404 10 82
0404 10 84
Cheese and curd
0406 10 20 (11)
0406 10 80 (11)
0406 20 90 (11)
0406 30 10 (11)
0406 30 31 (11)
0406 30 39 (11)
0406 30 90 (11)
0406 40 90 (11)
0406 90 01 (11)
0406 90 21 (11)
0406 90 50 (11)
0406 90 69 (11)
0406 90 78 (11)
0406 90 86 (11)
0406 90 87 (11)
0406 90 88 (11)
0406 90 93 (11)
0406 90 99 (11)
Birds' eggs, in shell, fresh, preserved or cooked
0407 00 11
0407 00 19
0407 00 30
Birds' eggs, not in shell, and egg yolks, fresh
0408 11 80
0408 19 81
0408 19 89
0408 91 80
0408 99 80
Natural honey
0409 00 00
Tomatoes, fresh or chilled
0702 00 15 (12)
0702 00 20 (12)
0702 00 25 (12)
0702 00 30 (12)
0702 00 35 (12)
0702 00 40 (12)
0702 00 45 (12)
0702 00 50 (12)
Cucumbers and gherkins, fresh or chilled
0707 00 10 (12)
0707 00 15 (12)
0707 00 20 (12)
0707 00 25 (12)
0707 00 30 (12)
0707 00 35 (12)
0707 00 40 (12)
0707 00 90
Other vegetables, fresh or chilled
0709 10 10 (12)
0709 10 20 (12)
0709 20 00
0709 90 39
0709 90 75 (12)
0709 90 77 (12)
0709 90 79 (12)
Vegetables provisionally preserved
0711 20 90
Dried vegetables, whole, cut, sliced, broken
0712 90 19
Manioc, arrowroot, salep, Jerusalem artichokes
0714 10 10
0714 10 91
0714 10 99
0714 20 90
Citrus fruit, fresh or dried
0805 10 37 (2) (12)
0805 10 38 (2) (12)
0805 10 39 (2) (12)
0805 10 42 (2) (12)
0805 10 46 (2) (12)
0805 10 82
0805 10 84
0805 10 86
0805 20 11 (12)
0805 20 13 (12)
0805 20 15 (12)
0805 20 17 (12)
0805 20 19 (12)
0805 20 21 (10) (12)
0805 20 23 (10) (12)
0805 20 25 (10) (12)
0805 20 27 (10) (12)
0805 20 29 (10) (12)
0805 20 31 (12)
0805 20 33 (12)
0805 20 35 (12)
0805 20 37 (12)
0805 20 39 (12)
Grapes, fresh or dried
0806 10 21 (12)
0806 10 29 (4) (12)
0806 10 30 (12)
0806 10 50 (12)
0806 10 61 (12)
0806 10 69 (12)
0806 10 93
Apricots, cherries, peaches (including nectarines)
0809 10 20 (12)
0809 10 30 (12)
0809 10 40 (12)
0809 20 11 (12)
0809 20 21 (12)
0809 20 31 (12)
0809 20 39 (12)
0809 20 41 (12)
0809 20 49 (12)
0809 20 51 (12)
0809 20 59 (12)
0809 20 61 (12)
0809 20 69 (12)
0809 20 71 (12)
0809 20 79 (12)
0809 30 21 (12)
0809 30 29 (12)
0809 30 31 (12)
0809 30 39 (12)
0809 30 41 (12)
0809 30 49 (12)
0809 40 20 (12)
0809 40 30 (12)
Other fruit, fresh
0810 10 10
0810 10 80
0810 20 10
Fruit and nuts, uncooked or cooked by steaming
0811 10 11
0811 10 19
Wheat and meslin
1001 10 00
1001 90 91
1001 90 99
Rye
1002 00 00
Barley
1003 00 10
1003 00 90
Oats
1004 00 00
Buckwheat, millet and canary seed; other cereals
1008 90 10
Wheat or meslin flour
1101 00 11
1101 00 15
1101 00 90
Cereal flours other than of wheat or meslin
1102 10 00
1102 90 10
1102 90 30
1102 90 90
Cereal groats, meal and pellets
1103 11 10
1103 11 90
1103 12 00
1103 19 10
1103 19 30
1103 19 90
1103 21 00
1103 29 10
1103 29 20
1103 29 30
1103 29 90
Cereal grains otherwise worked
1104 11 10
1104 11 90
1104 12 10
1104 12 90
1104 19 10
1104 19 30
1104 19 99
1104 21 10
1104 21 30
1104 21 50
1104 21 90
1104 21 99
1104 22 20
1104 22 30
1104 22 50
1104 22 90
1104 22 92
1104 22 99
1104 29 11
1104 29 15
1104 29 19
1104 29 31
1104 29 35
1104 29 39
1104 29 51
1104 29 55
1104 29 59
1104 29 81
1104 29 85
1104 29 89
1104 30 10
Flour, meal and powder of the dried leguminous vegetables
1106 20 10
1106 20 90
Malt, whether or not roasted
1107 10 11
1107 10 19
1107 10 91
1107 10 99
1107 20 00
Locust beans, seaweeds and other algae, sugar beet
1212 91 20
1212 91 80
Pig fat (including lard) and poultry fat
1501 00 19
Olive oil and its fractions, whether or not refined
1509 10 10
1509 10 90
1509 90 00
Other oils and their fractions
1510 00 10
1510 00 90
Degras
1522 00 31
1522 00 39
Sausages and similar products, of meat, meat offal
1601 00 91
1601 00 99
Other prepared or preserved meat, meat offal
1602 10 00
1602 20 90
1602 32 11
1602 39 21
1602 41 10
1602 42 10
1602 49 11
1602 49 13
1602 49 15
1602 49 19
1602 49 30
1602 49 50
1602 49 90
1602 50 31
1602 50 39
1602 50 80
1602 90 10
1602 90 41
1602 90 51
1602 90 69
1602 90 74
1602 90 78
1602 90 98
Other sugars, including chemically pure lactose
1702 11 00
1702 19 00
Pasta, whether or not cooked or stuffed
1902 20 30
Jams, fruit jellies, marmalades, fruit or nut puree
2007 10 99
2007 91 90
2007 99 91
2007 99 98
Fruit, nuts and other edible parts of plants
2008 20 11
2008 20 31
2008 30 19
2008 30 31
2008 30 79
2008 30 91
2008 30 99
2008 40 19
2008 40 31
2008 50 11
2008 50 19
2008 50 31
2008 50 39
2008 50 51
2008 50 59
2008 60 19
2008 60 51
2008 60 61
2008 60 71
2008 60 91
2008 70 19
2008 70 51
2008 80 19
2008 92 16
2008 92 18
2008 99 21
2008 99 32
2008 99 33
2008 99 34
2008 99 37
2008 99 43
Fruit juices (including grape must)
2009 11 11
2009 19 11
2009 20 11
2009 30 11
2009 30 59
2009 40 11
2009 50 10
2009 50 90
2009 80 11
2009 80 32
2009 80 33
2009 80 35
2009 90 11
2009 90 21
2009 90 31
Food preparations not elsewhere specified
2106 90 51
Wine of fresh grapes, including fortified wines
2204 10 19 (11)
2204 10 99 (11)
2204 21 10
2204 21 81
2204 21 82
2204 21 98
2204 21 99
2204 29 10
2204 29 58
2204 29 75
2204 29 98
2204 29 99
2204 30 10
2204 30 92 (12)
2204 30 94 (12)
2204 30 96 (12)
2204 30 98 (12)
Undenatured ethyl alcohol
2208 20 40
Bran, sharps and other residues
2302 30 10
2302 30 90
2302 40 10
2302 40 90
Oil-cake and other solid residues
2306 90 19
Preparations of a kind used in animal feeding
2309 10 13
2309 10 15
2309 10 19
2309 10 33
2309 10 39
2309 10 51
2309 10 53
2309 10 59
2309 10 70
2309 90 33
2309 90 35
2309 90 39
2309 90 43
2309 90 49
2309 90 51
2309 90 53
2309 90 59
2309 90 70
Albumins
3502 11 90
3502 19 90
3502 20 91
3502 20 99
Agricultural Products (4)
CN code 96
Buttermilk, curdled milk and cream, yogurt, kephir
0403 10 51
0403 10 53
0403 10 59
0403 10 91
0403 10 93
0403 10 99
0403 90 71
0403 90 73
0403 90 79
0403 90 91
0403 90 93
0403 90 99
Butter and other fats and oils derived from milk
0405 20 10
0405 20 30
Vegetable saps and extracts; pectic substances
1302 20 10
1302 20 90
Margarine
1517 10 10
1517 90 10
Other sugars, including chemically pure lactose
1702 50 00
1702 90 10
Sugar confectionery (including white chocolate)
1704 10 11
1704 10 19
1704 10 91
1704 10 99
1704 90 10
1704 90 30
1704 90 51
1704 90 55
1704 90 61
1704 90 65
1704 90 71
1704 90 75
1704 90 81
1704 90 99
Chocolate and other food preparations
1806 10 15
1806 10 20
1806 10 30
1806 10 90
1806 20 10
1806 20 30
1806 20 50
1806 20 70
1806 20 80
1806 20 95
1806 31 00
1806 32 10
1806 32 90
1806 90 11
1806 90 19
1806 90 31
1806 90 39
1806 90 50
1806 90 60
1806 90 70
1806 90 90
Malt extract; food preparations of flour, meal
1901 10 00
1901 20 00
1901 90 11
1901 90 19
1901 90 99
Pasta, whether or not cooked or stuffed
1902 11 00
1902 19 10
1902 19 90
1902 20 91
1902 20 99
1902 30 10
1902 30 90
1902 40 10
1902 40 90
Tapioca and substitutes
1903 00 00
Prepared foods
1904 10 10
1904 10 30
1904 10 90
1904 20 10
1904 20 91
1904 20 95
1904 20 99
1904 90 10
1904 90 90
Bread, pastry, cakes, biscuits
1905 10 00
1905 20 10
1905 20 30
1905 20 90
1905 30 11
1905 30 19
1905 30 30
1905 30 51
1905 30 59
1905 30 91
1905 30 99
1905 40 10
1905 40 90
1905 90 10
1905 90 20
1905 90 30
1905 90 40
1905 90 45
1905 90 55
1905 90 60
1905 90 90
Vegetables, fruit, nuts
2001 90 40
Other vegetables
2004 10 91
Other vegetables
2005 20 10
Fruits, nuts and other edible parts of plants
2008 99 85
2008 99 91
Fruit juices (including grape must)
2009 80 69
Extracts, essences and concentrates, of coffee
2101 11 11
2101 11 19
2101 12 92
2101 12 98
2101 20 98
2101 30 11
2101 30 19
2101 30 91
2101 30 99
Yeasts (active or inactive)
2102 10 10
2102 10 31
2102 10 39
2102 10 90
2102 20 11
Sauces and preparations therefor; mixed condiments
2103 20 00
Ice cream and other edible ice
2105 00 10
2105 00 91
2105 00 99
Food preparations not elsewhere specified or included
2106 10 20
2106 10 80
2106 90 10
2106 90 20
2106 90 98
Waters, including mineral waters and aerated water
2202 90 91
2202 90 95
2202 90 99
Vinegar and substitutes for vinegar
2209 00 11
2209 00 19
2209 00 91
2209 00 99
Acyclic alcohols and their halogenated derivates
2905 43 00
2905 44 11
2905 44 19
2905 44 91
2905 44 99
2905 45 00
Mixtures of odoriferous substances and mixtures
3302 10 10
3302 10 21
3302 10 29
Finishing agents, dye carriers
3809 10 10
3809 10 30
3809 10 50
3809 10 90
Prepared binders for foundry moulds or cores
3824 60 11
3824 60 19
3824 60 91
3824 60 99
Agricultural Products (5)
CN code 96
Cut flowers and flower buds
0603 10 15 (11)
0603 10 29 (11)
0603 10 51 (11)
0603 10 65 (11)
0603 90 00 (11)
Fruit and nuts, uncooked or cooked by steaming
0811 10 90 (11)
Fruit, nuts and other edible parts of plants
2008 40 51 (11)
2008 40 59 (11)
2008 40 71 (11)
2008 40 79 (11)
2008 40 91 (11)
2008 40 99 (11)
2008 50 61 (11)
2008 50 69 (11)
2008 50 71 (11)
2008 50 79 (11)
2008 50 92 (11)
2008 50 94 (11)
2008 50 99 (11)
2008 70 61 (11)
2008 70 69 (11)
2008 70 71 (11)
2008 70 79 (11)
2008 70 92 (11)
2008 70 94 (11)
2008 70 99 (11)
2008 92 59 (11)
2008 92 72 (11)
2008 92 74 (11)
2008 92 78 (11)
2008 92 98 (11)
Fruit juices (including grape must)
2009 11 99 (11)
2009 40 30 (11)
2009 70 11 (11)
2009 70 19 (11)
2009 70 30 (11)
2009 70 91 (11)
2009 70 93 (11)
2009 70 99 (11)
Wine of fresh grapes, including fortified wines
2204 21 79 (11)
2204 21 80 (11)
2204 21 83 (11)
2204 21 84 (11)
Agricultural Products (6)
CN code 96
Live bovine animals
0102 90 05
0102 90 21
0102 90 29
0102 90 41
0102 90 49
0102 90 51
0102 90 59
0102 90 61
0102 90 69
0102 90 71
0102 90 79
Meat of bovine animals, fresh or chilled
0201 10 00
0201 20 20
0201 20 30
0201 20 50
0201 20 90
0201 30 00
Meat of bovine animals, frozen
0202 10 00
0202 20 10
0202 20 30
0202 20 50
0202 20 90
0202 30 10
0202 30 50
0202 30 90
Edible offal of bovine animals, swine, sheep, goats
0206 10 95
0206 29 91
0206 29 99
Meat and edible meat offal, salted, in brine
0210 20 10
0210 20 90
0210 90 41
0210 90 49
0210 90 90
Milk and cream, concentrated
0402 10 11
0402 10 19
0402 10 91
0402 10 99
0402 21 11
0402 21 17
0402 21 19
0402 21 91
0402 21 99
0402 29 11
0402 29 15
0402 29 19
0402 29 91
0402 29 99
Buttermilk, curdled milk and cream, yogurt, kephir
0403 90 11
0403 90 13
0403 90 19
0403 90 31
0403 90 33
0403 90 39
Whey, whether or not concentrated
0404 10 02
0404 10 04
0404 10 06
0404 10 12
0404 10 14
0404 10 16
0404 10 26
0404 10 28
0404 10 32
0404 10 34
0404 10 36
0404 10 38
0404 90 21
0404 90 23
0404 90 29
0404 90 81
0404 90 83
0404 90 89
Butter and other fats and oils derived from milk
0405 10 11
0405 10 19
0405 10 30
0405 10 50
0405 10 90
0405 20 90
0405 90 10
0405 90 90
Cut flowers and flower buds
0603 10 11
0603 10 13
0603 10 21
0603 10 25
0603 10 53
Other vegetables, fresh or chilled
0709 90 60
Vegetables (uncooked or cooked by steaming or boiling)
0710 40 00
Vegetables provisionally preserved
0711 90 30
Bananas, including plantains, fresh or dried
0803 00 19
Citrus fruit, fresh or dried
0805 10 01 (12)
0805 10 05 (12)
0805 10 09 (12)
0805 10 11 (12)
0805 10 15 (2)
0805 10 19 (2)
0805 10 21 (2)
0805 10 25 (12)
0805 10 29 (12)
0805 10 31 (12)
0805 10 33 (12)
0805 10 35 (12)
0805 10 37 (9) (12)
0805 10 38 (9) (12)
0805 10 39 (9) (12)
0805 10 42 (9) (12)
0805 10 44 (12)
0805 10 46 (9) (12)
0805 10 51 (2)
0805 10 55 (2)
0805 10 59 (2)
0805 10 61 (2)
0805 10 65 (2)
0805 10 69 (2)
0805 30 20 (2)
0805 30 30 (2)
0805 30 40 (2)
Grapes, fresh or dried
0806 10 40 (12)
Apples, pears and quinces, fresh
0808 10 51 (12)
0808 10 53 (12)
0808 10 59 (12)
0808 10 61 (12)
0808 10 63 (12)
0808 10 69 (12)
0808 10 71 (12)
0808 10 73 (12)
0808 10 79 (12)
0808 10 92 (12)
0808 10 94 (12)
0808 10 98 (12)
0808 20 31 (12)
0808 20 37 (12)
0808 20 41 (12)
0808 20 47 (12)
0808 20 51 (12)
0808 20 57 (12)
0808 20 67 (12)
Maize (corn)
1005 10 90
1005 90 00
Rice
1006 10 10
1006 10 21
1006 10 23
1006 10 25
1006 10 27
1006 10 92
1006 10 94
1006 10 96
1006 10 98
1006 20 11
1006 20 13
1006 20 15
1006 20 17
1006 20 92
1006 20 94
1006 20 96
1006 20 98
1006 30 21
1006 30 23
1006 30 25
1006 30 27
1006 30 42
1006 30 44
1006 30 46
1006 30 48
1006 30 61
1006 30 63
1006 30 65
1006 30 67
1006 30 92
1006 30 94
1006 30 96
1006 30 98
1006 40 00
Grain sorghum
1007 00 10
1007 00 90
Cereal flours other than of wheat or meslin
1102 20 10
1102 20 90
1102 30 00
Cereal groats, meal and pellets
1103 13 10
1103 13 90
1103 14 00
1103 29 40
1103 29 50
Cereal grains otherwise worked
1104 19 50
1104 19 91
1104 23 10
1104 23 30
1104 23 90
1104 23 99
1104 30 90
Starches; inulin
1108 11 00
1108 12 00
1108 13 00
1108 14 00
1108 19 10
1108 19 90
1108 20 00
Wheat gluten, whether or not dried
1109 00 00
Other prepared or preserved meat, meat offal
1602 50 10
1602 90 61
Cane or beet sugar and chemically pure sucrose
1701 11 10
1701 11 90
1701 12 10
1701 12 90
1701 91 00
1701 99 10
1701 99 90
Other sugars, including chemically pure lactose
1702 20 10
1702 20 90
1702 30 10
1702 30 51
1702 30 59
1702 30 91
1702 30 99
1702 40 10
1702 40 90
1702 60 10
1702 60 90
1702 90 30
1702 90 50
1702 90 60
1702 90 71
1702 90 75
1702 90 79
1702 90 80
1702 90 99
Vegetables, fruit, nuts and other edible parts
2001 90 30
Tomatoes prepared or preserved
2002 10 10
2002 10 90
2002 90 11
2002 90 19
2002 90 31
2002 90 39
2002 90 91
2002 90 99
Other vegetables prepared or preserved
2004 90 10
Other vegetables prepared or preserved
2005 60 00
2005 80 00
Jams, fruit jellies, marmalades, fruit or nut puree
2007 10 10
2007 91 10
2007 91 30
2007 99 10
2007 99 20
2007 99 31
2007 99 33
2007 99 35
2007 99 39
2007 99 51
2007 99 55
2007 99 58
Fruit, nuts and other edible parts of plants
2008 30 55
2008 30 75
2008 92 51
2008 92 76
2008 92 92
2008 92 93
2008 92 94
2008 92 96
2008 92 97
Fruit juices (including grape must)
2009 40 93
2009 60 11 (12)
2009 60 19 (12)
2009 60 51 (12)
2009 60 59 (12)
2009 60 71 (12)
2009 60 79 (12)
2009 60 90 (12)
2009 80 71
2009 90 49
2009 90 71
Food preparations not elsewhere specified or included
2106 90 30
2106 90 55
2106 90 59
Wine of fresh grapes, including fortified wines
2204 21 94
2204 29 62
2204 29 64
2204 29 65
2204 29 83
2204 29 84
2204 29 94
Vermouth and other wine of fresh grapes
2205 10 10
2205 10 90
2205 90 10
2205 90 90
Undenatured ethyl alcohol
2207 10 00
2207 20 00
Undenatured ethyl alcohol
2208 40 10
2208 40 90
2208 90 91
2208 90 99
Bran, sharps and other residues
2302 10 10
2302 10 90
2302 20 10
2302 20 90
Residues of starch manufacture and similar residues
2303 10 11
Dextrins and other modified starches
3505 10 10
3505 10 90
3505 20 10
3505 20 30
3505 20 50
3505 20 90
Agricultural Products (7)
CN code 96
Cheese and curd
0406 20 10
0406 40 10
0406 40 50
0406 90 02
0406 90 03
0406 90 04
0406 90 05
0406 90 06
0406 90 07
0406 90 08
0406 90 09
0406 90 12
0406 90 14
0406 90 16
0406 90 18
0406 90 19
0406 90 23
0406 90 25
0406 90 27
0406 90 29
0406 90 31
0406 90 33
0406 90 35
0406 90 37
0406 90 39
0406 90 61
0406 90 63
0406 90 73
0406 90 75
0406 90 76
0406 90 79
0406 90 81
0406 90 82
0406 90 84
0406 90 85
Wine of fresh grapes, including fortified wines
2204 10 11
2204 10 91
2204 21 11
2204 21 12
2204 21 13
2204 21 17
2204 21 18
2204 21 19
2204 21 22
2204 21 24
2204 21 26
2204 21 27
2204 21 28
2204 21 32
2204 21 34
2204 21 36
2204 21 37
2204 21 38
2204 21 42
2204 21 43
2204 21 44
2204 21 46
2204 21 47
2204 21 48
2204 21 62
2204 21 66
2204 21 67
2204 21 68
2204 21 69
2204 21 71
2204 21 74
2204 21 76
2204 21 77
2204 21 78
2204 21 87
2204 21 88
2204 21 89
2204 21 91
2204 21 92
2204 21 93
2204 21 95
2204 21 96
2204 21 97
2204 29 12
2204 29 13
2204 29 17
2204 29 18
2204 29 42
2204 29 43
2204 29 44
2204 29 46
2204 29 47
2204 29 48
2204 29 71
2204 29 72
2204 29 81
2204 29 82
2204 29 87
2204 29 88
2204 29 89
2204 29 91
2204 29 92
2204 29 93
2204 29 95
2204 29 96
2204 29 97
Undenatured ethyl alcohol
2208 20 12
2208 20 14
2208 20 26
2208 20 27
2208 20 62
2208 20 64
2208 20 86
2208 20 87
2208 30 11
2208 30 19
2208 30 32
2208 30 38
2208 30 52
2208 30 58
2208 30 72
2208 30 78
2208 90 41
2208 90 45
2208 90 52
Footnotes
CN code 96
(1) (16/5-15/9)
(2) (1/6-15/10)
(3) (1/1-31/5) Excluding Emperor variety
(4) Emperor variety or (1/6-31/12)
(5) (1/1-31/3)
(6) (1/10-31/12)
(7) (1/4-31/12)
(8) (1/1-30/9)
(9) (16/10-31/5)
(10) (16/9-15/5)
(11) Under the Agreement on Trade, Development and Co-operation
between the European Community and the Republic of South Africa, the
annual growth factor (agf) will be applied annually to the relevant
basic quantities.
(12) Under the Agreement on Trade, Development and Co-operation
between the European Community and the Republic of South Africa, the
full specific duty is payable if the respective Entry Price is not
reached.
Annex XIV to Protocol 1
FISHERY PRODUCTS TO WHICH ARTICLE 6(3) SHALL TEMPORARILY NOT BE
APPLICABLE
Fish Products (1)
CN code 96
Live fish
0301 10 90
0301 92 00
0301 99 11
Fish, fresh or chilled, excluding fish fillets
0302 12 00
0302 31 10
0302 32 10
0302 33 10
0302 39 11
0302 39 19
0302 66 00
0302 69 21
Fish, frozen, excluding fish fillets
0303 10 00
0303 22 00
0303 41 11
0303 41 13
0303 41 19
0303 42 12
0303 42 18
0303 42 32
0303 42 38
0303 42 52
0303 42 58
0303 43 11
0303 43 13
0303 43 19
0303 49 21
0303 49 23
0303 49 29
0303 49 41
0303 49 43
0303 49 49
0303 76 00
0303 79 21
0303 79 23
0303 79 29
Fish fillets and other fish meat
0304 10 13
0304 20 13
Pasta, whether or not cooked or stuffed
1902 20 10
Fish Products (2)
CN code 96
Live fish
0301 91 10
0301 93 00
0301 99 19
Fish, fresh or chilled, excluding fish fillets
0302 11 10
0302 19 00
0302 21 10
0302 21 30
0302 22 00
0302 62 00
0302 63 00
0302 65 20
0302 65 50
0302 65 90
0302 69 11
0302 69 19
0302 69 31
0302 69 33
0302 69 41
0302 69 45
0302 69 51
0302 69 85
0302 69 86
0302 69 92
0302 69 99
0302 70 00
Fish, frozen, excluding fish fillets
0303 21 10
0303 29 00
0303 31 10
0303 31 30
0303 33 00
0303 39 10
0303 72 00
0303 73 00
0303 75 20
0303 75 50
0303 75 90
0303 79 11
0303 79 19
0303 79 35
0303 79 37
0303 79 45
0303 79 51
0303 79 60
0303 79 62
0303 79 83
0303 79 85
0303 79 87
0303 79 92
0303 79 93
0303 79 94
0303 79 96
0303 80 00
Fish fillets and other fish meat
0304 10 19
0304 10 91
0304 20 19
0304 20 21
0304 20 29
0304 20 31
0304 20 33
0304 20 35
0304 20 37
0304 20 41
0304 20 43
0304 20 61
0304 20 69
0304 20 71
0304 20 73
0304 20 87
0304 20 91
0304 90 10
0304 90 31
0304 90 39
0304 90 41
0304 90 45
0304 90 57
0304 90 59
0304 90 97
Fish, dried, salted or in brine; smoked fish
0305 42 00
0305 59 50
0305 59 70
0305 63 00
0305 69 30
0305 69 50
0305 69 90
Crustaceans, whether in shell or not, live, fresh
0306 11 10
0306 11 90
0306 12 10
0306 12 90
0306 13 10
0306 13 90
0306 14 10
0306 14 30
0306 14 90
0306 19 10
0306 19 90
0306 21 00
0306 22 10
0306 22 91
0306 22 99
0306 23 10
0306 23 90
0306 24 10
0306 24 30
0306 24 90
0306 29 10
0306 29 90
Molluscs, whether in shell or not, live, fresh
0307 10 90
0307 21 00
0307 29 10
0307 29 90
0307 31 10
0307 31 90
0307 39 10
0307 39 90
0307 41 10
0307 41 91
0307 41 99
0307 49 01
0307 49 11
0307 49 18
0307 49 31
0307 49 33
0307 49 35
0307 49 38
0307 49 51
0307 49 59
0307 49 71
0307 49 91
0307 49 99
0307 51 00
0307 59 10
0307 59 90
0307 91 00
0307 99 11
0307 99 13
0307 99 15
0307 99 18
0307 99 90
Prepared or preserved fish; caviar and caviar substitutes
1604 11 00
1604 13 90
1604 15 11
1604 15 19
1604 15 90
1604 19 10
1604 19 50
1604 19 91
1604 19 92
1604 19 93
1604 19 94
1604 19 95
1604 19 98
1604 20 05
1604 20 10
1604 20 30
1604 30 10
1604 30 90
Crustaceans, molluscs and other aquatic invertebra
1605 10 00
1605 20 10
1605 20 91
1605 20 99
1605 30 00
1605 40 00
1605 90 11
1605 90 19
1605 90 30
1605 90 90
Fish Products (3)
CN code 96
Live fish
0301 91 90
Fish, fresh or chilled, excluding fish fillets
0302 11 90
Fish, frozen, excluding fish fillets
0303 21 90
Fish fillets and other fish meat
0304 10 11
0304 20 11
0304 20 57
0304 20 59
0304 90 47
0304 90 49
Prepared or preserved fish; caviar and caviar substitutes
1604 13 11
Fish Products (4)
CN code 96
Live fish
0301 99 90
Fish, fresh or chilled, excluding fish fillets
0302 21 90
0302 23 00
0302 29 10
0302 29 90
0302 31 90
0302 32 90
0302 33 90
0302 39 91
0302 39 99
0302 40 05
0302 40 98
0302 50 10
0302 50 90
0302 61 10
0302 61 30
0302 61 90
0302 61 98
0302 64 05
0302 64 98
0302 69 25
0302 69 35
0302 69 55
0302 69 61
0302 69 75
0302 69 87
0302 69 91
0302 69 93
0302 69 94
0302 69 95
Fish, frozen, excluding fish fillets
0303 31 90
0303 32 00
0303 39 20
0303 39 30
0303 39 80
0303 41 90
0303 42 90
0303 43 90
0303 49 90
0303 50 05
0303 50 98
0303 60 11
0303 60 19
0303 60 90
0303 71 10
0303 71 30
0303 71 90
0303 71 98
0303 74 10
0303 74 20
0303 74 90
0303 77 00
0303 79 31
0303 79 41
0303 79 55
0303 79 65
0303 79 71
0303 79 75
0303 79 91
0303 79 95
Fish fillets and other fish meat
0304 10 31
0304 10 33
0304 10 35
0304 10 38
0304 10 94
0304 10 96
0304 10 98
0304 20 45
0304 20 51
0304 20 53
0304 20 75
0304 20 79
0304 20 81
0304 20 85
0304 20 96
0304 90 05
0304 90 20
0304 90 27
0304 90 35
0304 90 38
0304 90 51
0304 90 55
0304 90 61
0304 90 65
Fish, dried, salted or in brine; smoked fish
0305 10 00
0305 20 00
0305 30 11
0305 30 19
0305 30 30
0305 30 50
0305 30 90
0305 41 00
0305 49 10
0305 49 20
0305 49 30
0305 49 45
0305 49 50
0305 49 80
0305 51 10
0305 51 90
0305 59 11
0305 59 19
0305 59 30
0305 59 60
0305 59 90
0305 61 00
0305 62 00
0305 69 10
0305 69 20
Crustaceans, whether in shell or not, live, fresh
0306 13 30
0306 19 30
0306 23 31
0306 23 39
0306 29 30
Prepared or preserved fish; caviar and caviar substitutes
1604 12 10
1604 12 91
1604 12 99
1604 14 12
1604 14 14
1604 14 16
1604 14 18
1604 14 90
1604 19 31
1604 19 39
1604 20 70
Fish Products (5)
CN code 96
Fish, fresh or chilled, excluding fish fillets
0302 69 65
0302 69 81
Fish, frozen, excluding fish fillets
0303 78 10
0303 78 90
0303 79 81
Fish fillets and other fish meat
0304 20 83
Prepared or preserved fish; caviar and caviar substitutes
1604 13 19
1604 16 00
1604 20 40
1604 20 50
1604 20 90
Annex XV to Protocol 1
JOINT DECLARATION ON CUMULATION
The Parties agreed that, for the implementation of Article 6(11) of
Protocol 1, the following definitions shall apply:
developing country: any country listed as such by the Development
Aid Committee of the OECD except the High Income Countries (HIC) and
the countries with a GNP exceeding in 1992 100 billion dollars at
current prices;
>TABLE POSITION>
PROTOCOL 2
on the implementation of Article 9
1. The Parties agree that every endeavour should be made to avoid
recourse being had to the safeguard measures provided for under
Article 8.
2. Both Parties are guided by the conviction that the implementation
of Article 9 (4) and (5) would enable them to recognize, at an early
stage, problems which could arise and, taking account of all
relevant factors, avoid as far as possible recourse to measures
which the Community would prefer not to adopt vis-š-vis its
preferential trading partners.
3. Both Parties acknowledge the need for implementation of the
mechanism of advance information provided for under Article 9 (4),
the objective of which is to limit, in the case of sensitive
products, the risks of sudden or unforeseen recourse to safeguard
measures. These arrangements will permit the maintenance of a
regular flow of trade information and the simultaneous
implementation of regular consultation procedures. Thus the two
Parties will be in a position to follow closely the trends in the
sensitive sectors and detect problems which could arise.
4. The following two procedures result from this:
(a) The statistical surveillance mechanism
Without prejudice to internal arrangements that the Community may
apply to control its imports, Article 9 (4) provides for the
institution of a mechanism intended to ensure statistical
surveillance of certain ACP exports to the Community and thus
facilitate the examination of occurrences such as to cause market
disturbances.
This mechanism, the sole objective of which is to facilitate the
exchange of information between the parties, should apply only to
products, which the Community considers, insofar as it is concerned,
as sensitive.
The implementation of this mechanism will be the subject of a joint
agreement on the basis of data to be furnished by the Community and
with the help of statistical information to be communicated by the
ACP States to the Commission at the latter's request.
For the effective implementation of this mechanism it is necessary
that the ACP States concerned provide the Commission, as far as
possible on a monthly basis, with statistics relating to their
exports to the Community and to each of its Member States of
products considered by the Community to be sensitive.
(b) A procedure for regular consultation
The statistical surveillance mechanism mentioned above will enable
the two Parties better to follow the trends in trade likely to cause
concern. On the basis of this information and in accordance with
Article 9(5), the Community and the ACP States will have the
possibility of holding periodic consultations in order to ensure
that the objectives of that Article are fulfilled. These
consultations will take place at the request of either Party.
5. If the conditions of application of safeguard measures as
provided for in Article 8 are fulfilled, it would be the
responsibility of the Community, in accordance with Article 9(1)
relating to prior consultations concerning the application of
safeguard measures, to enter immediately into consultations with the
ACP States concerned by providing them with all the information
necessary for those consultations, especially the necessary data
from which to determine to what extent imports of a specific product
from an ACP State or States have caused or threatened to cause
serious injury to the Community's domestic producers of like or
directly competitive products or serious disturbances in a sector of
the economy of the Community or difficulties which could bring about
serious deterioration in the economic situation of a region of the
Community.
6. If no other arrangement has been concluded in the meanwhile with
the ACP State or States concerned, the competent authorities of the
Community may, at the end of the twenty-one day period provided for
in respect of those consultations, take the appropriate measures for
the implementation of Article 8. These measures shall be
communicated immediately to the ACP States and become immediately
applicable.
7. This procedure would apply without prejudice to measures, which
could be taken in the event of special factors within the meaning of
Article 9(3). In this case all relevant information will be supplied
promptly to the ACP States.
8. In this case, the interests of the least developed, landlocked
and island ACP States will receive particular attention, in
accordance with Article 2 of the Agreement.
PROTOCOL 3
Containing the text of Protocol 3 on ACP sugar
appearing in the ACP-EEC Convention of Lomł signed on 28 February
1975 and the corresponding declarations annexed to that Convention
PROTOCOL 3
on ACP sugar
Article 1
1. The Community undertakes for an indefinite period to purchase and
import, at guaranteed prices, specific quantities of cane sugar, raw
or white, which originate in the ACP States and which these States
undertake to deliver to it.
2. The safeguard clause in Article 10 of the Convention shall not
apply. The implementation of this Protocol is carried out within the
framework of the management of the common organization of the sugar
market which, however, shall in no way prejudice the commitment of
the Community under paragraph 1.
Article 2
1. Without prejudice to Article 7, no change in this Protocol may
enter into force until a period of five years has elapsed from the
date on which the Convention enters into force. Thereafter, such
changes as may be agreed upon will come into force at a time to be
agreed.
2. The conditions for implementing the guarantee referred to in
Article 1 shall be re-examined before the end of the seventh year of
their application.
Article 3
2. Subject to Article 7, these quantities may not be reduced without
the consent of the individual States concerned.
1. In each 12-month period from 1 July to 30 June inclusive,
hereinafter referred to as the "delivery period", the
sugar-exporting ACP States undertake to deliver the quantities
referred to in Article 3 (1), subject to any adjustments resulting
from the application of Article 7. A similar undertaking shall apply
equally to the quantities referred to in Article 3 (3) in respect of
the period up to 30 June 1975, which shall also be regarded as a
delivery period.
2. The quantities to be delivered up to 30 June 1975, referred to in
Article 3 (3), shall include supply en route from port of shipment
or, in the case of landlocked States, across frontiers.
3. Deliveries of ACP cane sugar in the period up to 30 June 1975
shall benefit from the guaranteed prices applicable in the delivery
period beginning 1 July 1975. Identical arrangements may be made for
subsequent delivery periods.
Article 5
1. White or raw sugar shall be marketed on the Community market at
prices freely negotiated between buyers and sellers.
2. The Community shall not intervene if and when a Member State
allows selling prices within its borders to exceed the Community's
threshold price.
3. The Community undertakes to purchase, at the guaranteed price,
quantities of white or raw sugar, within agreed quantities, which
cannot be marketed in the Community at a price equivalent to or in
excess of the guaranteed price.
4. The guaranteed price, expressed in units of account, shall refer
to unpacked sugar, cif European ports of the Community, and shall be
fixed in respect of standard quality sugar. It shall be negotiated
annually, within the price range obtaining in the Community, taking
into account all relevant economic factors, and shall be decided at
the latest by 1 May immediately preceding the delivery period to
which it will apply.
Article 6
Purchase at the guaranteed price, referred to in Article 5 (3),
shall be assured through the medium of the intervention agencies or
of other agents appointed by the Community.
Article 7
1. If, during any delivery period, a sugar-exporting ACP State fails
to deliver its agreed quantity in full for reasons of force majeure
the Commission shall, at the request of the State concerned, allow
the necessary additional period for delivery.
2. If a sugar-exporting ACP State informs the Commission during the
course of a delivery period that it will be unable to deliver its
agreed quantity in full and that it does not wish to have the
additional period referred to in paragraph 1, the shortfall shall be
reallocated by the Commission for delivery during the delivery
period in question. Such reallocation shall be made by the
Commission after consultation with the States concerned.
3. If, during any delivery period, a sugar-exporting ACP State fails
to deliver its agreed quantity in full for reasons other than force
majeure, that quantity shall be reduced in respect of each
subsequent delivery period by the undelivered quantity.
4. It may be decided by the Commission that, in respect of
subsequent delivery periods, the undelivered quantity shall be
reallocated between the other States, which are referred to in
Article 3. Such reallocation shall be made in consultation with the
States concerned.
Article 8
1. At the request of one or more of the States supplying sugar under
the terms of this Protocol, or of the Community, consultations
relating to all measures necessary for the application of this
Protocol shall take place within an appropriate institutional
framework to be adopted by the Contracting Parties. For this purpose
the institutions established by the Convention may be used during
the period of application of the Convention.
2. In the event of the Convention ceasing to be operative, the
sugar-supplying States referred to in paragraph 1 and the Community
shall adopt the appropriate institutional provisions to ensure the
continued application of the provisions of this Protocol.
3. The periodical reviews provided for under this Protocol shall
take place within the agreed institutional framework.
Article 9
Special types of sugar traditionally delivered to Member States by
certain sugar-exporting ACP States shall be included in, and treated
on the same basis as, the quantities referred to in Article 3.
Article 10
The provisions of this Protocol shall remain in force after the date
specified in Article 91 of the Convention. After that date the
Protocol may be denounced by the Community with respect to each ACP
State and by each ACP State with respect to the Community, subject
to two years' notice.
Annex to Protocol 3
DECLARATIONS ON PROTOCOL 3
1. Joint declaration concerning possible requests for participation
in the provisions of Protocol 3
Any request from an ACP State Contracting Party to the Convention
not specifically referred to in Protocol 3 to participate in the
provisions of that Protocol shall be examined(1).
2. Declaration by the Community concerning sugar originating in
Belize, St-Kitts-Nevis-Anguilla and Suriname
a) The Community undertakes to adopt the necessary measures to
ensure the same treatment as provided for in Protocol 3, for the
following quantities of cane sugar, raw or white, originating in:
>TABLE POSITION>
3. Declaration by the Community on Article 10 of Protocol 3
The Community declares that Article 10 of Protocol 3 providing for
the possibility of denunciation in that Protocol, under the
conditions set out in that Article, is for the purposes of juridical
security and does not represent for the Community any qualification
or limitation of the principles enunciated in Article 1 of that
Protocol(2).
(1) Annex XIII to the Final Act of the ACP - EEC Convention.
(2) Annex XXII to the Final Act of the ACP - EEC Convention.
Annex to Protocol 3
EXCHANGE OF LETTERS BETWEEN THE DOMINICAN REPUBLIC AND THE COMMUNITY
CONCERNING THE PROTOCOL ON ACP SUGAR
Letter No 1, from the Government of the Dominican Republic
Sir,
I have the honour to confirm that the Dominican Republic wishes
neither now nor in the future, to accede to the Protocol on ACP
sugar annexed to the ACP-EEC Convention. The Dominican Republic
accordingly undertakes not to apply to accede to the said Protocol.
It will write a letter to this effect to the ACP Group of States. I
should be obliged if you would acknowledge receipt of this letter.
Please accept, Sir, the assurance of my highest consideration.
Letter No 2, from the President of the Council of the European
Communities
Sir,
I have the honour to acknowledge receipt of your letter of today's
date which reads as follows:
"I have the honour to confirm that the Dominican Republic wishes
neither now nor in the future, to accede to the Protocol on ACP
sugar annexed to the ACP-EEC Convention. The Dominican Republic
accordingly undertakes not to apply to accede to the said Protocol.
It will write a letter to this effect to the ACP Group of States.".
The Community confirms its agreement on the content of that letter.
Please accept, Sir, the assurance of my highest consideration.
Annex to Protocol 3
AGREEMENT
In the form of an exchange of letters between the European Economic
Community and Barbados, Belize, the People's Republic of the Congo,
Fiji, the Cooperative Republic of Guyana, Jamaica, the Republic of
Kenya, the Democratic Republic of Madagascar, the Republic of
Malawi, Mauritius, the Republic of Surinam, the Kingdom of
Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the
Republic of Uganda, the Republic of Zimbabwe and Saint Christopher
and Nevis on the accession of the last-mentioned country to Protocol
7 on ACP sugar annexed to the Second ACP-EEC Convention.
Letter No 1
Sir,
The representatives of the ACP States referred to in Protocol 7 on
ACP sugar annexed to the Second ACP-EEC Convention and of the
Commission on behalf of the European Economic Community, have agreed
on the following:
- Saint Christopher and Nevis is hereby included in Article 3 (1) of
the said Protocol with an agreed quantity of 14800 tonnes with
effect from the day on which it accedes to the Second ACP-EEC
Convention.
Up to this date, the provisions of Annex IV to Council Decision
80/1186/EEC of 16 December 1980 on the association of the overseas
countries and territories with the European Economic Community shall
remain applicable.
I should be obliged if you would acknowledge receipt of this letter
and confirm that this letter and your reply constitute an Agreement
between the Governments of the above-mentioned ACP States and the
Community.
Please accept, Sir, the assurance of my highest consideration.
For the Council
of the European Communities
Letter No 2
Sir,
I have the honour to acknowledge receipt of your letter of today's
date which reads as follows:
"The representatives of the ACP States referred to in Protocol 7 on
ACP sugar annexed to the Second ACP-EEC Convention and of the
Commission on behalf of the European Economic community, have agreed
on the following:
- Saint Christopher and Nevis is hereby included in Article 3 (1) of
the said Protocol with an agreed quantity of 14800 tonnes with
effect from the day on which it accedes to the Second ACP-EEC
Convention.
Up to this date, the provisions of Annex IV to Council Decision
80/1186/EEC of 16 December 1980 on the association of the overseas
countries and territories with the European Economic Community shall
remain applicable.
I should be obliged if you would acknowledge receipt of this letter
and confirm that this letter and your reply constitute an Agreement
between the Governments of the abovementioned ACP States and the
Community."
I have the honour to confirm that the Governments of the ACP States
referred to in your letter are in agreement with the contents
thereof.
Please accept, Sir, the assurance of my highest consideration.
For the Governments
Annex to Protocol 3
AGREEMENT
In the form of an exchange of letters between the European Economic
Community and Barbados, the People's Republic of the Congo, Fiji,
the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya,
the Democratic Republic of Madagascar, the Republic of Malawi,
Mauritius, the Republic of Surinam, the Kingdom of Swaziland, the
United Republic of Tanzania, Trinidad and Tobago, the Republic of
Uganda and the Republic of Zimbabwe on the Accession of the latter
country to Protocol 7 on ACP sugar annexed to the Second ACP-EEC
Convention.
Letter No 1
Sir,
The representatives of the ACP States referred to in Protocol 7 on
ACP sugar annexed to the Second ACP-EEC Convention, of the Republic
of Zimbabwe and of the Commission, on behalf of the European
Economic Community, have agreed on the following.
The Republic of Zimbabwe is hereby included in Article 3 (1) of the
said Protocol with an agreed quantity of 25000tonnes with effect
from 1 July 1982, and in respect of the period up to 30 June 1982
with an agreed quantity of 6000 tonnes.
I should be obliged if you would acknowledge receipt of this letter
and confirm that this letter and your reply constitute an Agreement
between the Government of the abovementioned ACP States and the
Community.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the Council
of the European Communities
Letter No 2
Sir,
I have the honour to acknowledge receipt of your letter of today's
date which reads as follows:
"The representatives of the ACP States referred to in Protocol 7 on
ACP sugar annexed to the Second ACP-EEC Convention of the Republic
of Zimbabwe and of the Commission, on behalf of the European
Economic Community, have agreed on the following.
The Republic of Zimbabwe is hereby included in Article 3 (1) of the
said Protocol with an agreed quantity of 25000 tonnes with effect
from 1 July 1982, and in respect of the period up to 30 June 1982
with an agreed quantity of 6000 tonnes.
I should be obliged if you would acknowledge receipt of this letter
and confirm that this letter and your reply constitute an Agreement
between the Governments of the abovementioned ACP States and the
Community."
I have the honour to confirm the agreement of the Governments of the
ACP States referred o in this letter with the foregoing.
Please accept, Sir, the assurance of my highest consideration.
For the Governments
Annex to Protocol 3
AGREEMENT
In the form of an exchange of letters between the European Economic
Community and Barbados, Belize, the People's Republic of the Congo,
Fiji, the Cooperative Republic of Guyana, Jamaica, the Republic of
Kenya, the Democratic Republic of Madagascar, the Republic of
Malawi, Mauritius, the Republic of Surinam, the Kingdom of
Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the
Republic of Uganda, the Republic of Zimbabwe and the Republic of the
Ivory Coast on the Accession of the last-mentioned country to
Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention.
Letter No 1
Sir,
The African, Caribbean and Pacific Group of States referred to in
Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention,
the Republic of the Ivory Coast and the European Economic Community
have agreed on the following.
The Republic of the Ivory Coast is hereby included in Article 3 (1)
of the said Protocol with effect from 1 July 1983 with an immediate
agreed quantity of 2000 tonnes (white value).
I should be obliged if you would acknowledge receipt of this letter
and confirm that this letter and your reply constitute an Agreement
between the Governments of the abovementioned ACP States and the
Community.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the Council
of the European Communities
Letter No 2
Sir,
I have the honour to acknowledge receipt of your letter of today's
date which reads as follows:
"The African, Caribbean and Pacific Group of States referred to in
Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention,
the Republic of the Ivory Coast and the European Economic Community
have agreed on the following.
The Republic of the Ivory Coast is hereby included in Article 3 (1)
of the said Protocol with effect from 1 July 1983 with an immediate
agreed quantity of 2000 tonnes (white value).
I should be obliged if you would acknowledge receipt of this letter
and confirm that this letter and your reply constitute an Agreement
between the Governments of the abovementioned ACP States and the
Community."
I have the honour to confirm the agreement of the Governments of the
ACP States referred to in your letter with the contents thereof.
Please accept, Sir, the assurance of my highest consideration.
For the Governments
Annex to Protocol 3
AGREEMENT
In the form of an Exchange of Letters between the European Community
and Barbados, Belize, the Republic of the Congo, Fiji, the
Cooperative Republic of Guyana, the Republic of CĮte d'Ivoire,
Jamaica, the Republic of Kenya, the Republic of Madagascar, the
Republic of Malawi, the Republic of Mauritius, the Republic of
Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the
United Republic of Tanzania, the Republic of Trinidad and Tobago,
the Republic of Uganda, the Republic of Zambia and the Republic of
Zimbabwe on the accession of the Republic of Zambia to Protocol No 8
on ACP Sugar annexed to the Fourth ACP-EEC Convention.
A. Letter No 1
Sir
The African, Caribbean and Pacific (ACP) States referred to in
Protocol No 8 on ACP Sugar annexed to the Fourth ACP-EEC Convention,
the Republic of Zambia and the European Community have agreed on the
following.
The Republic of Zambia is hereby included in Article 3 (1) of the
said Protocol with effect from 1 January 1995 with an agreed
quantity of 0 tonnes.
I should be obliged if you would acknowledge receipt of this letter
confirm that this letter and your reply constitute an Agreement
between the Governments of the abovementioned ACP States and the
European Community.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the Council
of the European Union
B. Letter No 2
Sir,
I have the honour to acknowledge receipt of your letter of today
which reads as follows:
"The African, Caribbean and Pacific (ACP) States referred to in
Protocol No 8 on ACP Sugar annexed to the Fourth ACP-EEC Convention,
the Republic of Zambia and the European Community have agreed on the
following.
The Republic of Zambia is hereby included in Article 3 (1) of the
said Protocol with effect from 1 January 1995 with an agreed
quantity of 0 tonnes.
I should be obliged if you would acknowledge receipt of this letter
and confirm that this letter and your reply constitute and Agreement
between the Governments of the abovementioned ACP States and the
European Community."
I have the honour to confirm the agreement of the Governments of the
ACP States referred to in your letter with the contents thereof.
Please accept, Sir, the assurance of my highest consideration.
For the Governments of the ACP States
referred to in Protocol No 8
and of the Republic of Zambia
Protocol 4
on beef and veal
The Community and the ACP States agree to take the special measures
set out below to enable ACP States which are traditional exporters
of beef and veal to maintain their position on the Community market,
thus guaranteeing a certain level of income for their producers.
Article 1
Within the limits referred to in Article 2, customs duties other
than ad valorem duties applicable to beef and veal originating in
the ACP States shall be reduced by 92 %.
Article 2
>TABLE POSITION>
Article 3
In the event of an actual or foreseeable recession in these exports
due to disasters such as drought, cyclones or animal diseases, the
Community is willing to consider appropriate measures to ensure that
quantities affected for these reasons in any year can be delivered
in the following year.
Article 4
If, in the course of a given year, one of the ACP States referred to
in Article 2 is not in a position to supply the total quantity fixed
and does not wish to benefit from the measures referred to in
Article 3, the Commission may share out the amount to be made up
among the other ACP States concerned. In such a case, the ACP States
concerned shall put forward a proposal to the Commission, not later
than 1 September of that year, naming the ACP State or States which
will be in a position to supply the new additional quantity, at the
same time indicating to it the ACP State which is not in a position
to supply the full amount allocated to it, on the understanding that
this new temporary allocation will not affect the initial
quantities.
The Commission shall ensure that a decision is taken by 15 November
at the latest.
Article 5
This Protocol shall be implemented in accordance with the common
market organization in the beef and veal sector, which, however,
shall not affect the obligations entered into by the Community under
this Protocol.
Article 6
Should the safeguard clause in Article 8(1) of the Annex be applied
in the beef and veal sector, the Community will take the necessary
measures to maintain the volume of exports from the ACP States to
the Community at a level compatible with its obligations under this
Protocol.
PROTOCOL 5
The Second Banana Protocol
Article 1
The Parties recognise the overwhelming economic importance to the
ACP banana suppliers of their exports to the Community market. The
Community agrees to examine and where necessary take measures aimed
at ensuring the continued viability of their banana export
industries and the continuing outlet for their bananas on the
Community market.
Article 2
Each of the ACP States concerned and the Community shall confer in
order to determine the measures to be implemented so as to improve
the conditions for the production and marketing of bananas. This aim
shall be pursued through all the means available under the
arrangements of the Convention for financial„ technical,
agricultural, industrial and regional co-operation. The measures in
question shall be designed to enable the ACP States, particularly
Somalia, account being taken of their individual circumstance, to
become more competitive. Measures will be implemented at all stages
from production to consumption and will cover the following fields
in particular:
- Improvement of conditions of production and enhancement of quality
through action in the areas of research, harvesting, packaging and
handling,
- Transport and storage,
- Marketing and trade promotion.
Article 3
For the purposes of attaining these objectives, the two Parties
hereby agree to confer in a permanent joint group, assisted by a
group of experts, whose task shall be to keep under continuous
review any specific problems brought to its attention.
Article 4
Should the banana-producing ACP States decide to set up a joint
organisation for the purpose of attaining the objectives, the
Community shall support such an organisation and shall give
consideration to any requests it may receive for support for the
organisation's activities which fall within the scope of regional
schemes under the heading of development finance co-operation.
ANNEX VI
LIST OF LDLICS
The following lists comprise ACP least-developed, landlocked and
Island States:
LEAST-DEVELOPED ACP STATES
Article 1
Under this Agreement, the following countries shall be considered
least-developed ACP States:
Angola
Benin
Burkina Faso
Burundi
Republic of Cape Verde
Central African Republic
Chad
Comoro Islands
Democratic Republic of Congo
Djibouti
Ethiopia
Eritrea
Gambia
Guinea
Guinea (Bissau)
Guinea (Equatorial)
Ha˙ti
Kiribati
Lesotho
Liberia
Malawi
Mali
Mauritania
Madagascar
Mozambique
Niger
Rwanda
Samoa
SņoTome and Principe
Sierra Leone
Solomon Islands
Somalia
Sudan
Tanzania
Tuvalu
Togo
Uganda
Vanuatu
Zambia
LANDLOCKED ACP STATES
Article 2
Specific measures and provisions have been made to support
landlocked ACP States in their efforts to overcome the geographical
difficulties and the other obstacles hampering their development so
as to enable them to speed up their respective rates of growth.
Article 3
The landlocked ACP States are:
Botswana
Burkina Faso
Burundi
Central African Republic
Chad
Ethiopia
Lesotho
Malawi
Mali
Niger
Rwanda
Swaziland
Uganda
Zambia
Zimbabwe
ISLAND ACP STATES
Article 4
Specific measures and provisions have been made to support island
ACP States in their efforts to overcome the natural and geographical
difficulties and the other obstacles hampering their development so
as to enable them to speed up their respective rates of growth.
Article 5
List of island ACP States:
Antigua and Barbuda
Bahamas
Barbados
Cape Verde
Comoros
Dominica
Dominican Republic
Fiji
Grenada
Haiti
Jamaica
Kiribati
Madagascar
Mauritius
Papua New Guinea
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
Sóo Tomł and Principe
Seychelles
Solomon Islands
Tonga
Trinidad and Tobago
Tuvalu
Vanuatu
PROTOCOLS
PROTOCOL 1
On the operating expenditure of the Joint Institutions
1. The Member States and the Community, on the one hand, and the ACP
States, on the other, shall be responsible for such expenditure as
they shall incur by reason of their participation in the meetings of
the Council of Ministers and its dependent bodies, both with regard
to staff, travel and subsistence expenditure and to postal and
telecommunications expenses.
Expenditure in connection with interpreting at meetings, translation
and reproduction of documents, and the practical arrangements for
meetings (such as premises, equipment and messengers) of the joint
institutions of the present Agreement shall be borne by the
Community or by one of the ACP States, according to whether the
meetings take place in the territory of a Member State or in that of
an ACP State.
2. The arbitrators appointed in accordance with Article 98 of the
Agreement shall be entitled to a refund of their travel and
subsistence expenditure. The latter shall be determined by the
Council of Ministers.
One half of travel and subsistence expenditure incurred by the
arbitrators shall be borne by the Community and the other half by
the ACP States. Expenditure relating to any registry set up by the
arbitrators, to preparatory inquiries into disputes, and to the
organisation of hearings (such as premises, personnel and
interpreting) shall be borne by the Community. Expenditure relating
to special inquiries shall be settled together with the other costs
and the Parties shall deposit advances as determined by an order of
the arbitrators.
3. The ACP States shall set up a Fund, which will be managed by
their General Secretariat, for the purpose of contributing to the
financing of the expenses incurred by ACP participants at meetings
of the Joint Parliamentary Assembly and the Council of Ministers.
The ACP States shall contribute to this Fund. With the aim of
encouraging the active participation of all ACP States in the
dialogue conducted within the ACP-EC institutions, the Community
shall make a contribution to this Fund as provided for in the
Financial Protocol (EUR 4 million according to the First Financial
Protocol).
To be eligible for the Fund expenses must comply with the following
conditions as well as those laid down in paragraph 1:
- They must be incurred by parliamentarians or, in their absence,
other such ACP representatives travelling from the country they
represent in order to take part in sessions of the Joint
Parliamentary Assembly, meetings of working parties or missions
under their aegis, or as a result of the participation of these same
representatives and representatives of ACP civil society and
economic and social operators in consultation meetings held under
Articles 15 and 17 of the Agreement.
- Decisions on the nature, organisation, frequency and location of
meetings, missions and working groups must be taken in accordance
with the rules of procedure of the Council of Ministers and the
Joint Parliamentary Assembly.
4. Consultation meetings and meetings of ACP-EU economic and social
operators shall be0 organised by the Economic and Social Committee
of the European Union. In this specific instance, the Community's
contribution to cover the participation of ACP economic and social
operators shall be paid directly to the Economic and Social
Committee.
The ACP Secretariat, the Council of Ministers and the Joint
Parliamentary Assembly may, in agreement with the Commission,
delegate the organisation of consultation meetings of ACP civil
society to representative organisations approved by the Parties.
PROTOCOL 2
On privileges and immunities
THE PARTIES
DESIRING, by the conclusion of a Protocol on privileges and
immunities, to facilitate the smooth functioning of the Agreement,
the preparation of its work and implementation of the measures
adopted for its application;
WHEREAS it is therefore necessary to specify the privileges and
immunities which may be claimed by persons participating in work
relating to the application of the Agreement and to the arrangements
applicable to official communications connected with such work,
without prejudice to the provisions of the Protocol on the
privileges and immunities of the European Communities, signed in
Brussels on 8 April 1965;
WHEREAS it is also necessary to lay down the treatment to be
accorded to the property, funds and assets of the Council of ACP
Ministers, and its staff;
WHEREAS the Georgetown Agreement of 6 June 1975 constituted the ACP
Group of States and instituted a Council of ACP Ministers, and a
Committee of Ambassadors; whereas the organs of the ACP Group of
States are to be serviced by the Secretariat of the ACP States;
HAVE AGREED upon the following provisions, which shall be annexed to
the Agreement:
CHAPTER 1
PERSONS TAKING PART IN THE WORK OF THE AGREEMENT
Article 1
The representatives of the Governments of the Member States and of
the ACP States and the Representatives of the Institutions of the
European Communities, and also their advisers and experts and the
members of the staff of the Secretariat of the ACP States taking
part, in the territory of the Member States or of the ACP States, in
the work either of the institutions of the Agreement or of the
coordinating bodies, or in work connected with the application of
the Agreement, shall enjoy the customary privileges, immunities and
facilities while carrying out their duties and while travelling to
or from the place at which they are required to carry out such
duties.
The preceding paragraph shall also apply to members of the Joint
Parliamentary Assembly of the Agreement, to the arbitrators who may
be appointed under the Agreement, to members of the consultative
bodies of the economic and social sectors which may be set up, to
the officials and employees of these institutions, and also to the
members of the agencies of the European Investment Bank and its
staff, and to the staff of the Centre for the Development of
Enterprise and the Centre for the Development of Agriculture.
CHAPTER 2
PROPERTY, FUNDS AND ASSETS OF THE COUNCIL OF ACP MINISTERS
Article 2
The premises and buildings occupied by the Council of ACP Ministers
for official purposes shall be inviolable. They shall be exempt from
search, requisition, confiscation or expropriation.
Except when required for the purposes of investigating an accident
caused by a motor vehicle belonging to the said Council or being
used on its account, or in the event of an infringement of road
traffic regulations or of an accident caused by such a vehicle, the
property and assets of the Council of ACP Ministers shall not be the
subject of any administrative or legal measures of constraints
without the authorisation of the Council of Ministers set up under
the Agreement.
Article 3
The archives of the Council of ACP Ministers shall be inviolable.
Article 4
The Council of ACP Ministers, its assets, income and other property
shall be exempt from all direct taxes.
The host State shall, wherever possible, take the appropriate
measures to remit or refund the amount of indirect taxes or sales
taxes included in the price of movable or immovable property, where
the Council of ACP Ministers makes, strictly for its official use,
substantial purchases, the price of which includes taxes of this
kind.
No exemption shall be granted in respect of taxes, charges, duties
or fees which represent charges for services rendered.
Article 5
The Council of ACP Ministers shall be exempt from all customs
duties, prohibitions and restrictions on imports in respect of
articles intended for its official use; articles so imported may not
be sold or otherwise disposed of, whether or not in return for
payment, in the territory of the country into which they have been
imported, except under conditions approved by the Government or that
country.
CHAPTER 3
OFFICIAL COMMUNICATIONS
Article 6
For their official communications and the transmission of all their
documents, the European Community, the institutions of the Agreement
and the coordinating bodies shall enjoy in the territory of the
States party to the Agreement the treatment accorded to
international organisations.
Official correspondence and other official communications of the
European Community, the joint institutions of the Agreement and the
coordinating bodies shall not be subject to censorship.
CHAPTER 4
STAFF OF THE SECRETARIAT OF THE ACP STATES
Article 7
1. The Secretary or Secretaries and Deputy Secretary or Deputy
Secretaries of the Council of ACP Ministers and the other permanent
members of the staff of senior rank as designated by the ACP States,
of the Council of ACP Ministers shall enjoy, in the State in which
the Council of ACP Ministers is established, under the
responsibility of the Chairman-in-Office of the Committee of ACP
Ambassadors, the advantages accorded to the diplomatic staff of
diplomatic missions. Their spouses and their children under age
living in their household shall be entitled, under the same
conditions, to the advantages accorded to the spouses and children
under age of such diplomatic staff.
2. Permanent ACP staff members not referred to in paragraph 1 shall
be exempted by their host country from any taxes on salaries,
emoluments or allowances paid to them by the ACP States from the day
on which such income becomes subject to tax levied for the benefit
of the ACP States.
The above provision shall not apply either to pensions paid the ACP
Secretariat to its former staff members or their dependants, or to
salaries, emoluments or allowances paid to its local staff.
Article 8
The State in which the Council of ACP Ministers is established shall
grant immunity from legal proceedings to permanent members of the
staff of the Secretariat of the ACP States, apart from those
referred to in paragraph 1 of Article 7, only in respect of acts
done by them in the performance of their official duties. Such
immunity shall not, however, apply to infringements of road traffic
regulations by a permanent member of the staff of the Secretariat of
the ACP States or to damage caused by a motor vehicle belonging to,
or driven by, him or her.
Article 9
The names, positions and addresses of the Chairman-in-Office of the
Committee of ACP Ambassadors, the Secretary or Secretaries and
Deputy Secretary or Deputy Secretaries of the Council of ACP
Ministers and of the permanent members of the staff of the
Secretariat of the ACP States shall be communicated periodically by
the President of the Council of ACP Ministers to the Government of
the State in whose territory the Council of ACP Ministers is
established.
CHAPTER 5
COMMISSION DELEGATIONS IN THE ACP STATES
Article 10
1. The Commission Head of Delegation and staff appointed to the
Delegation, the Delegations, to the exception of locally recruited
staff, shall be exempted from any direct taxes in the ACP State
where they are in post.
2. Article 31(2)(g) of Annex IV, chapter 4 shall also apply to the
staff referred to in paragraph 1.
CHAPTER 6
GENERAL PROVISIONS
Article 11
The privileges, immunities and facilities provided for in this
Protocol shall be accorded to those concerned solely in the
interests of the proper execution of their official duties.
Each institution or body referred to in this Protocol shall be
required to waive immunity wherever its consider that the waiver of
such immunity is not contrary to its own interests.
Article 12
Article 98 of the Agreement shall apply to disputes relating to this
Protocol.
The Council of ACP Ministers and the European Investment Bank may be
party to proceedings during an arbitration procedure.
PROTOCOL 3
On South Africa
Article 1
Qualified Status
1. The participation of South Africa in this Agreement is subject to
the qualifications set out in this Protocol.
2. The provisions of the bilateral Agreement on Trade, Development
and Cooperation between the European Community, its Member States
and South Africa signed in Pretoria on 11 October 1999, hereinafter
referred as the "TDCA", shall take precedence over the provisions of
this Agreement.
Article 2
General Provisions, Political Dialogue and Joint Institutions
2. South Africa shall be fully associated in the overall political
dialogue and participate in the joint institutions and bodies set
out under this Agreement. However, in respect of decisions to be
taken in relation to provisions that do not apply to South Africa
under this Protocol, South Africa shall not take part in the
decision-making process.
Article 3
Cooperation Strategies
The provisions on cooperation strategies of this Agreement shall
apply to cooperation between the Community and South Africa.
Article 4
Financial Resources
1. The provisions of this Agreement on development finance
cooperation shall not apply to South Africa.
2. However, in derogation from this principle, South Africa shall
have the right to participate in the areas of ACP-EC development
finance cooperation listed in Article 8 below, on the understanding
that South Africa's participation will be fully financed from the
resources provided for under Title VII of the TDCA. Where resources
from the TDCA are deployed for participation in operations in the
framework of ACP- EC financial cooperation, South Africa will enjoy
the right to participate fully in the decision-making procedures
governing implementation of such aid.
3. South African natural or legal persons shall be eligible for
award of contracts financed from the financial resources provided
for under this Agreement. In this respect, South African natural or
legal persons shall, however, not enjoy the preferences accorded to
natural and legal persons from ACP States.
Article 5
Trade Cooperation
1. The provisions of this Agreement on economic and trade
cooperation shall not apply to South Africa.
2. Nonetheless, South Africa shall be associated as an observer in
the dialogue between the Parties pursuant to Articles 34 to 40 of
this Agreement.
Article 6
Applicability of Protocols and Declarations
The protocols and declarations annexed to this Agreement that relate
to parts of the Agreement that are not applicable to South Africa,
shall not apply to South Africa. All other declarations and
protocols shall apply.
Article 7
Revision Clause
This Protocol may be revised by decision of the Council of
Ministers.
Article 8
Applicability
Without prejudice to the previous Articles, the table hereunder sets
out those Articles of the Agreement and its Annexes which shall
apply to South Africa and those which shall not apply.
>TABLE POSITION>
FINAL ACT
The plenipotentiaries of:
His Majesty the King of the Belgians,
Her Majesty the Queen of Denmark,
The President of the Federal Republic of Germany,
The President of the Hellenic Republic,
His Majesty the King of Spain,
The President of the French Republic,
The President of Ireland,
The President of the Italian Republic,
His Royal Highness the Grand Duke of Luxembourg,
Her Majesty the Queen of the Netherlands,
The Federal President of the Republic of Austria,
The President of the Portuguese Republic
The President of the Republic of Finland,
The Government of the Kingdom of Sweden,
Her Majesty the Queen of the United Kingdom of Great Britain and
Northern Ireland,
Contracting Parties to theTreaty establishing the European
Community, hereinafter referred to as "the Community", the States of
the Community being hereinafter referred to as "Member States",
and of the Council of the European Union and the Commission of the
European Communities,
on the one part, and
The plenipotentiaries of:
The President of the Republic of Angola,
Her Majesty the Queen of Antigua and Barbuda,
The Head of State of the Commonwealth of the Bahamas,
The Head of State of Barbados,
Her Majesty the Queen of Belize,
The President of the Republic of Benin,
The President of the Republic of Botswana,
The President of Burkina Faso,
The President of the Republic of Burundi,
The President of the Republic of Cameroon,
The President of the Republic of Cape Verde,
The President of the Central African Republic,
The President of the Republic of Chad,
The President of the Islamic Federal Republic of the Comoros,
The President of the Democratic Republic of Congo,
The President of the Republic of Congo,
The Government of the Cook Islands
The President of the Republic of CĮte d'Ivoire,
The President of the Republic of Djibouti,
The Government of the Commonwealth of Dominica,
The President of the Dominican Republic,
The President of the State of Eritrea,
The President of the Republic of Equatorial Guinea,
The President of the Federal Democratic Republic of Ethiopia,
The President of the Sovereign Democratic Republic of Fiji,
The President of the Gabonese Republic,
The President and Head of State of the Republic of The Gambia,
The President of the Republic of Ghana,
Her Majesty the Queen of Grenada,
The President of the Republic of Guinea,
The President of the Republic of Guinea-Bissau,
The President of the Republic of Guyana,
The President of the Republic of Haiti,
The Head of State of Jamaica,
The President of the Republic of Kenya,
The President of the Republic of Kiribati,
His Majesty the King of the Kingdom of Lesotho,
The President of the Republic of Liberia,
The President of the Republic of Madagascar,
The President of the Republic of Malawi,
The President of the Republic of Mali,
The Government of the Republic of the Marshall Islands,
The President of the Islamic Republic of Mauritania,
The President of the Republic of Mauritius,
The Government of the Federated States of Micronesia,
The President of the Republic of Mozambique,
The President of the Republic of Namibia,
The Government of the Republic of Nauru,
The President of the Republic of Niger,
The President of the Federal Republic of Nigeria,
The Government of Niue,
The Government of the Republic of Palau,
Her Majesty the Queen of the Independent State of Papua New Guinea,
The President of the Rwandese Republic,
Her Majesty the Queen of Saint Kitts and Nevis,
Her Majesty the Queen of Saint Lucia,
Her Majesty the Queen of Saint Vincent and the Grenadines,
The Head of State of the Independent State of Samoa,
The President of the Democratic Republic of Sóo Tomł and Prżncipe,
The President of the Republic of Senegal,
The President of the Republic of Seychelles,
The President of the Republic of Sierra Leone,
Her Majesty the Queen of the Solomon Islands,
The President of the Republic of South Africa,
The President of the Republic of Sudan,
The President of the Republic of Suriname,
His Majesty the King of the Kingdom of Swaziland,
The President of the United Republic of Tanzania,
The President of the Togolese Republic,
His Majesty King Taufa'ahau Tupou IV of Tonga,
The President of the Republic of Trinidad and Tobago,
Her Majesty the Queen of Tuvalu,
The President of the Republic of Uganda,
The Government of the Republic of Vanuatu,
The President of the Republic of Zambia,
The Government of the Republic of Zimbabwe,
whose States are hereinafter referred to as "ACP States",
of the other part,
meeting at Cotonou on June 23 in the year two thousand for the
signature of the ACP-EC Partnership Agreement have adopted the
following texts:
>TABLE POSITION>
>TABLE POSITION>
Hecho en CotonŪ, el veintitrłs de junio del aęo dos mil./Udfördiget
i Cotonou den treogtyvende juni to tusind./Geschehen zu Cotonou am
dreiundzwanzigsten Juni zweitausend./>ISO_7>øółżõ ėĮ÷ż Ź˙Į˙ż˙ž, ėĮłĖ
õčś˙ėł ĮęõłĖ É˙įżč˙į ōž˙ šłūłĄōõĖ./>ISO_1>Done at Cotonou on the
twenty-third day of June in the year two thousand./Fait š Cotonou,
le vingt-trois juin deux mille./Fatto a Cotonou, addü ventitrł
giugno duemila./Gedaan te Cotonou, de drieūntwintigste juni
tweeduizend./Feito em Cotonu, em vinte e trśs de Junho de dois
mil./Tehty Cotonoussa kahdentenakymmenentenōkolmantena pōivōnō
kesōkuuta vuonna kaksituhatta./Som skedde i Cotonou den tjugotredje
juni tjugohundra.
Pour Sa Majestł le Roi des Belges
Voor Zijne Majesteit de Koning der Belgen
FŽr Seine Majestōt den KŠnig der Belgier
Cette signature engage łgalement la Communautł fran÷aise, la
Communautł flamande, la Communautł germanophone, la Rłgion wallonne,
la Rłgion flamande et la Rłgion de Bruxelles-Capitale.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de
Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest,
het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift bindet zugleich die Deutschsprachige
Gemeinschaft, die Flōmische Gemeinschaft, die FranzŠsische
Gemeinschaft, die Wallonische Region, die Flōmische Region und die
Region BrŽssel-Hauptstadt.
For Hendes Majestöt Danmarks Dronning
FŽr den Prōsidenten der Bundesrepublik Deutschland
>ISO_7>Ćłń Į˙ż ŠęŽõōę˙ Į÷Ė Åūū÷żłśČĖ Ä÷ü˙śęńĮčńĖ
>ISO_1>Por Su Majestad el Rey de Espaęa
Pour le Prłsident de la Rłpublique fran÷aise
Thar ceann Uachtarńn na hÉireann
For the President of Ireland
Per il Presidente della Repubblica italiana
Pour Son Altesse Royale le Grand-Duc de Luxembourg
Voor Hare Majesteit de Koningin der Nederlanden
FŽr den Bundesprōsidenten der Republik Österreich
Pelo Presidente da RepŪblica Portuguesa
Suomen Tasavallan Presidentin puolesta
FŠr Republiken Finlands President
Põ svenska regeringens vōgnar
For Her Majesty the Queen of the United Kingdom of Great Britain and
Northern Ireland
Por la Comunidad Europea
For Det Europöiske Föllesskab
FŽr die Europōische Gemeinschaft
>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń
>ISO_1>For the European Community
Pour la Communautł europłenne
Per la Comunitš europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisŠn puolesta
Põ Europeiska gemenskapens vōgnar
Pour le Prłsident de la Rłpublique d'Angola
For Her Majesty the Queen of Antigua and Barbuda
For the Head of State of the Commonwealth of the Bahamas
For the Head of State of Barbados
For the Government of Belize
Pour le Prłsident de la Rłpublique du Błnin
For the President of the Republic of Botswana
Pour le Prłsident du Burkina Faso
Pour le Prłsident de la Rłpublique du Burundi
Pour le Prłsident de la Rłpublique du Cameroun
Pour le Prłsident de la Rłpublique du Cap-Vert
Pour le Prłsident de la Rłpublique Centrafricaine
Pour le Prłsident de la Rłpublique Fłdłrale Islamique des Comores
Pour le Prłsident de la Rłpublique dłmocratique du Congo
Pour le Prłsident de la Rłpublique du Congo
For the Government of the Cook Islands
Pour le Prłsident de la Rłpublique de CĮte d'Ivoire
Pour le Prłsident de la Rłpublique de Djibouti
For the Government of the Commonwealth of Dominica
For the President of the Dominican Republic
For the President of the State of Eritrea
For the President of the Federal Republic of Ethiopia
For the President of the Sovereign Democratic Republic of Fiji
Pour le Prłsident de la Rłpublique gabonaise
For the President and Head of State of the Republic of The Gambia
For the President of the Republic of Ghana
For Her Majesty the Queen of Grenada
Pour le Prłsident de la Rłpublique de Guinłe
Pour le Prłsident de la Rłpublique de Guinłe-Bissau
Pour le Prłsident de la Rłpublique de Guinłe łquatoriale
For the President of the Republic of Guyana
Pour le Prłsident de la Rłpublique d'Ha˙ti
For the Head of State of Jamaica
For the President of the Republic of Kenya
For the President of the Republic of Kiribati
For His Majesty the King of the Kingdom of Lesotho
For the President of the Republic of Liberia
Pour le Prłsident de la Rłpublique de Madagascar
For the President of the Republic of Malawi
Pour le Prłsident de la Rłpublique du Mali
For the Government of the Republic of the Marshall Islands
Pour le Prłsident de la Rłpublique Islamique de Mauritanie
For the President of the Republic of Mauritius
For the Government of the Federated States of Micronesia
Pour le Prłsident de la Rłpublique du Mozambique
For the President of the Republic of Namibia
For the Government of the Republic of Nauru
Pour le Prłsident de la Rłpublique du Niger
For the President of the Federal Republic of Nigeria
For the Government of Niue
For the Government of the Republic of Palau
For Her Majesty the Queen of the Independent State of Papua New
Guinea
Pour le Prłsident de la Rłpublique Rwandaise
For Her Majesty the Queen of Saint Kitts and Nevis
For Her Majesty the Queen of Saint Lucia
For Her Majesty the Queen of Saint Vincent and the Grenadines
For the Head of State of the Independent State of Samoa
Pour le Prłsident de la Rłpublique dłmocratique de Sóo Tomł et
Prżncipe
Pour le Prłsident de la Rłpublique du Słnłgal
Pour le Prłsident de la Rłpublique des Seychelles
For the President of the Republic of Sierra Leone
For Her Majesty the Queen of the Solomon Islands
For the President of the Republic of South Africa
For the President of the Republic of the Sudan
For the President of the Republic of Suriname
For His Majesty the King of the Kingdom of Swaziland
For the President of the United Republic of Tanzania
Pour le Prłsident de la Rłpublique du Tchad
Pour le Prłsident de la Rłpublique togolaise
For His Majesty King Taufa'ahau Tupou IV of Tonga
For the President of the Republic of Trinidad and Tobago
For Her Majesty the Queen of Tuvalu
For the President of the Republic of Uganda
For the Government of the Republic of Vanuatu
For the President of the Republic of Zambia
For the Government of the Republic of Zimbabwe
DECLARATION I
Joint Declaration on the actors of the partnership (Article 6)
The Parties agree that the definition of civil society may differ
significantly according to the socio-economic and cultural
conditions of each ACP country. However, they believe that this
definition may include inter alia the following organisations: human
rights groups and agencies, grassroots organisations, women's
associations, youth organisations, child-protection organisations,
environmental movements, farmers' organisations, consumers'
associations, religious organisations, development support
structures (NGOs, teaching and research establishments), cultural
associations and the media.
DECLARATION II
Declaration of the Commission and the Council of the European Union
on the clause concerning the return and readmission of illegal
immigrants [Article 13(5)]
Article 13(5) shall be without prejudice to the internal division of
powers between the Community and its Member States for the
conclusion of readmission agreements.
DECLARATION III
Joint Declaration on participation in the Joint Parliamentary
Assembly [Article 17(1)]
The Parties reaffirm the role of the Joint Parliamentary Assembly in
promoting and defending democratic processes through dialogue
between members of parliament, and agree that the participation of
representatives who are not members of a parliament, as set out in
Article 17, shall be allowed only in exceptional circumstances. Such
participation shall be subject to the approval of the Joint
Parliamentary Assembly before each session.
DECLARATION IV
Community Declaration on the financing of the ACP Secretariat
The Community shall contribute to the cost of running the ACP
Secretariat from intra-ACP cooperation resources.
DECLARATION V
Community Declaration on the financing of the joint institutions
The Community, being aware that expenditure in connection with
interpreting at meetings and the translation of documents is
expenditure incurred essentially for its own requirements, is
prepared to continue past practice and meet this expenditure both
for meetings of the institutions of the Agreement which take place
in the territory of a Member State and those which take place in the
territory of an ACP State.
DECLARATION VI
Community Declaration relating to the Protocol on privileges and
immunities
The Protocol on privileges and immunities is a multilateral act from
the point of view of international law. However, any specific
problems that may arise in the host State regarding the application
of this Protocol should be settled by bilateral agreement with that
State.
The Community has noted the ACP States' requests that certain
provisions of Protocol 2 be modified, notably as regards the status
of the staff of the ACP Secretariat, the Centre for the Development
of Enterprise (CDE) and the Centre for the Development of
Agriculture (CTA).
The Community is willing to seek jointly appropriate solutions in
respect of the ACP States' requests with a view to establishing a
separate legal instrument as referred to above.
In this context, the host country will, without derogating from the
present benefits enjoyed by the ACP Secretariat, the CDE, the CTA
and their staff:
(1) Show understanding as regards the interpretation of the
expression "staff of senior rank", such an interpretation to be
arrived at by mutual agreement;
(2) Recognise the powers delegated by the President of the Council
of ACP Ministers to the Chairman of the ACP-EC Committee of
Ambassadors, in order to simplify implementation of Article 9 of the
Protocol;
(3) Agree to grant certain facilities to the staff of the ACP
Secretariat, the CDE and the CTA to facilitate initial installation
in the host country;
(4) Examine in an appropriate way tax-related questions concerning
the ACP Secretariat, the CDE and the CTA and their staff.
DECLARATION VII
Declaration by the Member States relating to the Protocol on
privileges and immunities
The Member States shall strive, in the context of their respective
regulations, to facilitate throughout their respective territories,
the movement in pursuit of their official duties of ACP diplomats
accredited to the Community, members of the ACP Secretariat referred
to in Article 7 of Protocol 2, whose names and positions shall be
communicated in accordance with Article 9 of that Protocol, and the
ACP executives of the CDE and the CTA.
DECLARATION VIII
Joint Declaration relating to the Protocol on privileges and
immunities
Within the context of their respective regulations, the ACP States
shall grant Commission delegations privileges and immunities similar
to those granted to diplomatic missions so that they are able to
carry out the functions incumbent on them under the Agreement in a
satisfactory and effective manner.
DECLARATION IX
Joint Declaration on Article 49(2) on trade and environment
Keenly aware of the specific risks attaching to radioactive waste,
the Parties will refrain from any practice of discharging such waste
which would encroach upon the sovereignty of States or threaten the
environment or public health in other countries. They attach the
greatest importance to developing international cooperation to
protect the environment and public health against such risks. They
accordingly affirm their determination to play an active part in the
work being done in the IAEA to produce an internationally approved
code of good practice.
Council Directive 92/3/Euratom of 3 February 1992 on the supervision
and control of shipments of radioactive waste between Member States
and into and out of the Community defines the term "radioactive
waste" as any material, which contains or is contaminated by
radio-nuclides and for which no use is foreseen. The Directive is
applicable to shipments of radioactive waste between Member States
and into and out of the Community whenever the quantities and
concentration exceed the levels laid down in Article 3(2)(a) and (b)
of the Council Directive 96/29/Euratom of 13 May 1996. The defined
levels ensure basic safety standards for the protection of health of
workers and the general public against the dangers arising from
ionising radiation.
Shipments of radioactive waste are subject to a system of prior
authorisation as defined in Directive 92/3/Euratom of 3 February
1992 on the supervision and control of shipments of radioactive
waste between Member States and into and out of the Community.
Article 11(1)b of the Directive stipulates that the competent
authorities of Member States shall not authorise shipments of
radioactive waste to a State party to the Fourth ACP-EEC Convention
which is not a member of the Community, taking account, however, of
Article 14. The Community ensures that Article 11 of Directive
92/3/Euratom will be revised to cover all Parties of this Agreement
which are not members of the Community. Until then, the Community
will act, as if the abovementioned parties would already be covered.
The Parties shall make every effort to sign and ratify as quickly as
possible the Basle Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, as well as the
1995 amendment to the Convention, as laid down in Decision III/1.
DECLARATION X
ACP Declaration on trade and environment
The ACP States are seriously concerned about environmental problems
in general and the transboundary movement of hazardous, nuclear and
other radioactive wastes in particular.
In interpreting and implementing the provisions of Article 32(1)(d)
of the Agreement, the ACP States have expressed their determination
to be guided by the principles and the provisions of the OAU
Resolution on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal in Africa as contained in AHG 182 (XXV).
DECLARATION XI
Joint Declaration on the ACP cultural heritage
1. The Parties express their common will to promote the preservation
and enhancement of the cultural heritage of each ACP country, at the
international, bilateral and private level and in the context of
this Agreement.
2. The Parties acknowledge the need to facilitate the access of ACP
historians and researchers to archives with a view to promoting the
development of exchange of information on the cultural heritage of
ACP States.
3. They acknowledge the usefulness of providing assistance for the
appropriate activities conducted especially in the area of training,
for the preservation, protection and exhibition of cultural
properties, monuments and objects, including the promulgation and
implementation of appropriate legislation.
4. They underpin the importance of undertaking common cultural
activities, facilitating the mobility of ACP and European artists,
as well as the exchanges of cultural objects which are symbolic of
their cultures and civilisations with a view to enhancing mutual
understanding and solidarity between their respective populations.
DECLARATION XII
Declaration by the ACP States on return or restitution of cultural
property
The ACP States urge the Community and its Member States, insofar as
they acknowledge the legitimate right of the ACP States to cultural
identity, to promote the return or restitution of cultural property
taken from ACP States and now to be found in Member States.
DECLARATION XIII
Joint Declaration on copyright
The Parties acknowledge that promotion of copyright protection is an
integral part of cultural cooperation, the aim of which is to
enhance all forms of human expression. Furthermore, such protection
is a prerequisite for nurturing and developing production,
dissemination and publishing activities.
Consequently, the two Parties shall, in the context of ACP-EC
cultural cooperation, seek to promote and foster respect for
copyright and related rights.
In this context, and in accordance with the rules and procedures
laid down by the Agreement, the Community may offer financial and
technical support for disseminating copyright information, training
economic operators in the protection of such rights and drafting
national legislation for their better protection.
DECLARATION XIV
Joint Declaration on regional cooperation and the outermost regions
(Article 28)
The reference to the outermost regions concerns the Spanish
autonomous community of the Canary Islands, the four French overseas
departments, namely Guadeloupe, Guyana, Martinique and Rłunion, and
the Portuguese autonomous regions of the Azores and Madeira.DECLARATION XV
Joint Declaration on accession
Any accession of a third State to this Agreement shall be made in
compliance with the provisions of Article 1 and the objectives of
Article 2 laid down by the ACP Group in the Georgetown Agreement as
amended in November 1992.
DECLARATION XVI
Joint Declaration on accession of the overseas countries and
territories referred to in Part Four of the EC Treaty
The Community and the ACP States are prepared to allow the overseas
countries and territories referred to in Part Four of the Treaty
which have become independent to accede to this Agreement, if they
wish to continue their relations with the Community in this form.
DECLARATION XVII
Joint Declaration on Article 66 (debt relief) of the Agreement
The Parties agree on the following principles:
(a) In the longer-term, the Parties will seek an improvement of the
Heavily Indebted Poor Countries initiative and promote a deepening,
broadening and speeding up debt relief to ACP Countries;
(b) The Parties will also seek the mobilisation and establishment of
support mechanisms for debt reduction in favour of ACP countries who
are not yet eligible for the HIPC initiative.
DECLARATION XVIII
EU Declaration on the Financial Protocol
Within the overall amount of EUR 13500 million of the 9th EDF, EUR
12500 million shall be made available immediately upon the entry
into force of the Financial Protocol. The remaining EUR 1000 million
shall be released on the basis of the performance review referred to
in paragraph 7 of the Financial Protocol that shall be undertaken in
2004.
In evaluating the need for new resources, full account shall be
taken of this performance review as well as of a date beyond which
the funds of the 9th EDF will not be committed.
DECLARATION XIX
Declaration by the Council and the Commission on the Programming
Process
The Community and its Member States reaffirm their attachment to the
agreement on a reform of the programming process for implementation
of assistance financed from the 9th EDF.
In this context, the Community and its Member States regard a
properly implemented review mechanism as the most important tool for
successful programming. The review process that has been agreed for
governing the implementation of the 9th EDF will ensure continuity
in the programming process while allowing for regular adjustments of
the Country Support Strategy to reflect developments in needs and
performance of the ACP State concerned.
In order to reap the full benefits of the reform and ensure the
efficiency of the programming process, the Community and its Member
States reaffirm the political commitment to the following
principles:
The reviews must as far as possible be carried out in the ACP State
concerned. Localising the reviews shall not imply that the Member
States or the Commission Headquarters shall be prevented from
following and being involved in the programming process as
appropriate.
The time frames that have been set for completion of the reviews
shall be respected.
The reviews must not be an isolated event in the programming
process. The reviews shall be regarded as management tools, which
synthesise the results of the regular (monthly) dialogue between the
National Authorising Officer and the Commission's Head of
Delegation.
The reviews must not increase the administrative burden of either of
the Parties concerned. The procedures and reporting requirements
surrounding the programming process must therefore be managed in a
disciplined manner. To this end, the respective roles of the Member
States and the Commission in the decision making process will be
reviewed and adapted.
DECLARATION XX
Joint Declaration on the Impact of Export Revenue Fluctuations on
Vulnerable Small, Island and Landlocked ACP States
The Parties note the concern of ACP States that the modalities of
the mechanism for additional support to countries suffering from
fluctuation of export revenues may not provide sufficient support to
vulnerable small, island and landlocked States subject to volatile
export revenues.
From the second year of operation of the mechanism, and on request
of one or more ACP States who have met with difficulties, the
Parties agree to re-examine the modalities of the mechanism on the
basis of a proposal from the Commission, with a view, where
necessary, to remedy the effects of such fluctuations.
DECLARATION XXI
Community Declaration on Article 3 of Annex IV
The notification of the indicative amount referred to in Article 3
of Annex IV, will not apply to the ACP States with whom the
Community has suspended its cooperation.
DECLARATION XXII
Joint declaration concerning agricultural products referred to in
article 1(2)(a) of annex V
The Parties have taken note that the Community intends to take the
measures mentioned in the Annex, and which are laid down at the date
of signing of the Agreement, with a view to granting ACP States the
preferential treatment provided for in Article 1(2)(a), for certain
agricultural and processed products.
They have taken note that the Community declares that it will take
all the measures required to ensure that the corresponding
agricultural regulations are adopted in good time and that, wherever
possible, they come into force at the same time as the interim
arrangements which will be introduced after the signing of the
successor Agreement to the Fourth ACP-EC Convention signed in Lomł
on 15 December 1989.
Preferential treatment applicable to agricultural products and
foodstuffs originating in the ACP States
>TABLE POSITION>
DECLARATION XXIII
Joint Declaration on market access in the ACP-EC Partnership
The Parties accept the fact that both sides expect to take part in
the negotiations and implementation of agreements leading to further
multilateral and bilateral trade liberalisation.
The Parties note the Community's commitment to provide least
developed countries with free market access for essentially all
products by 2005.
At the same time they recognise, with respect to ACP preferential
access to the Community market, that this wider process of
liberalisation could lead to a deterioration in the relative
competitive position of the ACP States which would threaten their
development efforts, which the Community is concerned to support.
The Parties therefore agree to examine all necessary measures in
order to maintain the competitive position of the ACP States on the
Community market during the preparatory period. This examination may
include, inter alia, calendar requirements, rules of origin,
sanitary and phytosanitary measures and implementation of specific
measures addressing supply side constraints in the ACP countries.
The objective will be to offer ACP countries possibilities to
exploit their existing and potential comparative advantage on the
Community market. Bearing in mind their commitment to cooperation in
the WTO, the Parties agree that this examination will also take into
account any extension within the WTO of the trade advantages which
may be offered by member countries to developing countries. To this
end, the Joint Ministerial Trade Committee should make
recommendations on the basis of an initial review to be prepared by
the Commission and the ACP Secretariat. The EC Council will examine
these recommendations on the basis of a proposal from the
Commission, with a view to preserving the benefits of the ACP-EC
trade arrangement.
The Council of the European Union, for its part, underlines its
obligation to take into account the effect of any agreement or other
measures to be taken by the EC on ACP-EC trade. It requests the
Commission to carry out the necessary impact assessments on a
systematic basis.
The measures will relate to the preparatory period and will take due
account of the Community's common agricultural policy.
The Joint Ministerial Trade Committee shall monitor the
implementation of this Declaration and make appropriate reports to
the Council of Ministers.
DECLARATION XXIV
Joint Declaration on rice
1. The Parties recognise the importance of rice for the economic
development of a number of ACP countries in terms of employment,
foreign exchange and social and political stability.
2. They further recognise the importance of the Community market for
rice. The Community reaffirms its commitment to enhance the
competitiveness and efficiency of the ACP rice sector in order to
maintain a viable and sustainable industry and thereby contribute to
the smooth integration of ACP countries into the world economy.
3. The Community is prepared to provide sufficient funds to finance
during the preparatory period, in consultation with the ACP sector
concerned, an integrated sector-specific programme for the
development of ACP exporters of rice which could in particular
include the following measures:
- improvement of conditions of production and enhancement of quality
through action in the areas of research, harvesting and handling;
- transport and storage;
- enhancing the competitiveness of existing exporters of rice;
- assisting ACP rice producers to meet environmental and waste
management standards and other norms in the international markets,
including the Community;
- marketing and trade promotion;
- programmes designed to develop value added by-products.
This package of measures will be financed in ACP rice exporting
nations on a national basis, by agreement of both Parties, through
specific sectoral programmes in accordance with programming rules
and methods and in the short term through unallocated EDF resources
after a decision of the Council of Ministers.
4. The Parties reiterate their commitment to cooperate closely in
order to ensure that the ACP States can benefit fully from the
Community trade preferences for rice. They agree on the importance
of effective and transparent implementation of all rice exports to
the Community of ACP origin.
5. The Community will examine after the entry into force of the
agreement the position of the ACP rice sector in the light of future
changes occurring on the Community's rice market. To this end, the
Parties agree to create with the ACP and representatives of the
sector concerned, a joint working party, which shall meet annually.
The Community further undertakes to consult the ACP States on any
bilateral or multilateral decisions which may have an impact on the
competitive position of the ACP rice industry in the Community
market.
DECLARATION XXV
Joint Declaration on rum
The Parties recognise the importance of the rum sector for the
economic and social development of several ACP countries and regions
and its major contribution in providing employment, export earnings
and Government revenues. They acknowledge that rum is a value added
agro-industrial ACP product capable, if appropriate efforts are
undertaken, of competing in a global economy. They therefore
acknowledge the need to take all measures that might be necessary to
overcome the competitive disadvantage, which ACP producers are
presently facing. In this context they also note the undertaking
contained in the Council and Commission Declaration of 24 March 1997
to fully take into account in any future negotiations and
arrangements related to the rum sector, the impact of the EC-US
agreement to eliminate the duty on certain spirituous beverages of
the same date. They also recognise the urgent need for ACP producers
to become less dependent on the commodity rum market.
The Parties therefore agree on the need for the rapid development of
the ACP rum industry so as to allow exporters of ACP rum to compete
on the Community and the international spirits markets. To this end,
they agree to implement the following measures:
(1) Rum, arak and tafia originating in the ACP countries or regions
falling under HS Code 22 08 40 shall be imported under this
Agreement and any successor agreement to this Agreement, duty free
and without quantitative limitations.
(2) The Community undertakes to ensure fair competition in the
Community market and that ACP rum is not disadvantaged or
discriminated against in the EU market, in relation to third country
rum producers.
(3) The Community will, when considering any request for derogation
to the provisions of Article 1.4(1) and (2) of Council Regulation
(EC) No 1576/1989 of 29 March 1989 consult with and take account of
the particular interests of ACP countries.
(4) The Community is prepared to provide sufficient funds to finance
during the preparatory period, in consultation with the ACP sector
concerned, an integrated sector-specific programme for the
development of ACP exporters of rum, which could in particular
include the following measures:
- enhancing the competitiveness of existing exporters of rum;
- assist in creation of rum marques or brands by ACP region or
country;
- enabling marketing campaigns to be designed and implemented;
- assist ACP rum producers to meet environmental and waste
management standards and other norms in the international markets
including the Community market;
- assist the ACP rum industry to move out of bulk commodity
production into higher value branded rum products.
This package of measures will be financed on a national and regional
basis, by agreement of both parties, through specific sectoral
programmes in accordance with programming rules and methods and, in
the short term, through unallocated EDF resources after a decision
of the Council of Ministers.
(5) The Community commits itself to examine the impact on the ACP
industry of the indexation of the price point incorporated in the
Memorandum of Understanding on rum in the agreement on white spirits
of March 1997 at which duties on non-ACP rum are applied. In this
light it will take, where necessary, appropriate measures.
(6) The Community undertakes to conduct appropriate consultations
with the ACP through a joint working party, which shall meet
regularly, on specific issues arising from these undertakings. The
Community further undertakes to consult the ACP States on any
bilateral or multilateral decisions, including tariff reductions and
the enlargement of the Community, which may impact on the
competitive position of the ACP rum industry in the Community
market.
DECLARATION XXVI
Joint Declaration on beef and veal
1. The Community undertakes to ensure that the ACP States,
beneficiaries of the Protocol on beef and veal, derive full benefits
therefrom. To this end, it commits itself to give effect to the
provisions of this protocol by enacting in a timely fashion
appropriate rules and procedures.
2. The Community further undertakes to implement the protocol so
that ACP States can market their beef and veal throughout the year
without undue restrictions. In addition, the EC will assist the ACP
beef and veal exporters to improve their competitiveness through,
inter alia, addressing supply-side constraints, in accordance with
the development strategies set out in this Agreement and within the
context of National and Regional Indicative Programmes.
3. The Community will examine the requests of ACP
Least-Developed-Countries to export their beef and veal under
preferential conditions in the context of the actions it intends to
take under the WTO's Integrated Framework for
Least-Developed-Countries.
DECLARATION XXVII
Joint Declaration on the arrangements governing access to the
markets of the French overseas departments for products originating
in the ACP States referred to in Article 1(2) of Annex V
The Parties reaffirm that the provisions of Annex V apply to the
relations between the French overseas departments and the ACP
States.
The Community shall have the right during the life of the Agreement
to amend, in the light of the economic development requirements of
the French overseas departments, the arrangements governing access
to the latter's markets for products originating in the ACP States
referred to in Article 1(2) of Annex V.
When examining the possible application of this right, the Community
will take into consideration the direct trade between the ACP States
and the French overseas departments. Information and consultation
procedures shall apply between the parties concerned in accordance
with Article 12 of Annex V.
DECLARATION XXVIII
Joint Declaration on cooperation between ACP States and the
neighbouring overseas countries and territories and French overseas
departments
The Parties shall encourage greater regional cooperation in the
Caribbean, the Pacific and the Indian Ocean involving ACP States and
the neighbouring overseas countries and territories and French
overseas departments.
The Parties call upon interested Parties to consult each other on
the procedure for promoting such cooperation and, in this context,
to take measures, in line with their respective policies and their
specific situation in the region, which will permit initiatives in
the economic field, including the development of trade, as well as
in the social and cultural fields.
Where there are trade agreements involving French overseas
departments, such agreements may provide for specific measures in
favour of products from those departments.
Issues relating to cooperation in these different areas shall be
brought to the attention of the Council of Ministers, so that it can
be duly informed of the progress achieved.
DECLARATION XXIX
Joint Declaration on products covered by the common agricultural
policy
The Parties recognise that products covered by the common
agricultural policy follow specific rules and regulations, in
particular with regard to safeguard measures. The provisions of the
Agreement concerning the safeguard clause may be applied to these
products only insofar as they are consistent with the specific
nature of these rules and regulations.
DECLARATION XXX
ACP Declaration on Article 1 of Annex V
Conscious of the imbalance and the discriminatory effect resulting
from the most-favoured-nation treatment applicable to products
originating in the ACP States on the Community market under Article
1(2)(a) of Annex V, the ACP States reaffirm their understanding that
the consultations provided for under this Article shall ensure that
the ACP States' main exportable products benefit from treatment at
least as favourable as that granted by the Community to countries
enjoying the most-favoured-third-state treatment.
In addition similar consultations shall take place in cases where:
(a) one or more ACP States show potentialities for one or more
specific products for which preferential third states enjoy more
favourable treatment;
(b) one or more ACP States envisage exporting to the Community one
or more specific products for which preferential third states enjoy
more favourable treatment.
DECLARATION XXXI
Community Declaration on Article 5(2)(a) of Annex V
While agreeing to the reproduction of the text of Article 9(2)(a) of
the Second ACP-EEC Convention in Article 5(2)(a) of Annex V, the
Community reaffirms the interpretation of that text, namely that the
ACP States shall grant to the Community treatment no less favourable
than that which they grant to developed States under trade
agreements where those States do not grant the ACP States greater
preferences than those granted by the Community.
DECLARATION XXXII
Joint Declaration on non-discrimination
The Parties agree that notwithstanding specific provisions of Annex
V to this Agreement, the Community shall not discriminate between
ACP States in the trade regime provided for in the framework of that
Annex, taking account however of the provisions of this Agreement
and of specific autonomous initiatives in the multilateral context,
such as that in favour of the least developed countries pursued by
the Community.
DECLARATION XXXIII
Community Declaration on Article 8(3) of Annex V
Were the Community to adopt the strictly necessary measures referred
to in this Article, it would endeavour to seek those which, by
reason of their geographical scope or the types of products
concerned, would least disturb the exports of the ACP States.
DECLARATION XXXIV
Joint Declaration on Article 12 of Annex V
The Parties agree that the consultations referred to in Article 12
of Annex V should take place in accordance with the following
procedures:
(i) the two Parties will provide all necessary and relevant
information on the specific issue(s) in good time to enable an early
initiation of the discussions, and in any event not later than one
month after the request for consultation is received,
(ii) the three-month consultation period will start from the date of
receipt of this information. Within these three months, technical
examination of such information shall be completed within one month,
and joint consultations at the level of the Committee of Ambassadors
shall be completed within two further months,
(iii) if the conclusion arrived at is not mutually acceptable, the
matter shall be referred to the Council of Ministers,
(iv) in the event that no mutually acceptable solution is adopted by
the Council of Ministers, the Council will decide what other steps
should be taken in order to resolve the differences identified in
the consultations.
DECLARATION XXXV
Joint Declaration relating to Protocol 1 of Annex V
If special tariff treatment were to be applied by the ACP States to
imports of products originating in the Community, including Ceuta
and Melilla, the provisions of Protocol 1 would apply mutatis
mutandis. In all other cases where the treatment applied to imports
by the ACP States necessitates the provision of proof of origin,
those States shall accept certificates of origin drawn up in
accordance with the relevant international agreements.
DECLARATION XXXVI
Joint Declaration relating to Protocol 1 of Annex V
1. For the purposes of applying Article 12(2)(c) of the Protocol,
the shipping certificate, issued in the first port of embarkation
for the Community, shall be equivalent to the through bill of lading
for products covered by movement certificates issued in landlocked
ACP States.
2. Products exported from landlocked ACP States which are warehoused
elsewhere than in the ACP States or the countries and territories
referred to in Annex III to the Protocol may be the subject of
movement certificates issued under the circumstances referred to in
Article 16 thereof.
3. For the purposes of Article 15(4) of the Protocol, certificates
EUR.1 issued by a competent authority and endorsed by the customs
authorities will be accepted.
4. In order to help ACP enterprises in their efforts to find new
sources of supply with a view to benefiting to the maximum extent
from the provisions of the Protocol as regards cumulation of origin,
steps will be taken to ensure that the Centre for the Development of
Enterprise provides assistance to ACP operators in the establishment
of appropriate contacts with suppliers in the ACP States, the
Community and the countries and territories, as well as to promote
relations in the field of industrial cooperation among the operators
concerned.
DECLARATION XXXVII
Joint Declaration relating to Protocol 1 of Annex V on the origin of
fishery products
The Community acknowledges the right of the coastal ACP States to
the development and rational exploitation of the fishery resources
in all waters within their jurisdiction.
The Parties agree that the existing rules of origin have to be
examined in order to determine what possible changes may have to be
made in the light of the first paragraph.
Conscious of their respective concerns and interests, the ACP States
and the Community agree to continue examining the problem posed by
the entry, onto Community markets, of fishery products from catches
made in zones within the national jurisdiction of the ACP States,
with a view to arriving at a solution satisfactory to both sides.
This examination will take place in the Customs Cooperation
Committee, assisted, when necessary, by the appropriate experts,
after entry into force of the Agreement. The results of this
examination shall be submitted, within the first year of application
of the Agreement, to the Committee of Ambassadors and, at the latest
during the second year, to the Council of Ministers for their
consideration with a view to arriving at a solution satisfactory to
both sides.
For the time being, as regards the processing of fishery products in
the ACP States, the Community declares that it is willing to examine
with an open mind requests for derogations from the rules of origin
for processed products in this production sector based on the
existence of compulsory landing requirements provided for in fishery
agreements with third countries. The examination the Community is to
make will take into account in particular the fact that the third
countries concerned should ensure the normal market for such
productions, following processing, insofar as the latter are not
intended for national or regional consumption.
DECLARATION XXXVIII
Community Declaration relating to Protocol 1 of Annex V on the
extent of territorial waters
The Community, recalling that the relevant acknowledged principles
of international law restrict the maximum extent of territorial
waters to 12 nautical miles, declares that it will take account of
this limit in applying the provisions of the Protocol wherever the
latter refers to this concept.
DECLARATION XXXIX
ACP Declaration relating to Protocol 1 of Annex V on the origin of
fishery products
The ACP States reaffirm the point of view they expressed throughout
the negotiations on the rules of origin in respect of fishery
products and consequently maintain that following the exercise of
their sovereign rights over fishery resources in the waters within
their national jurisdiction, including the exclusive economic zone,
as defined in the United Nations Convention on the Law of the Sea,
all catches effected in those waters and obligatorily landed in
ports of the ACP States for processing should enjoy originating
status.
DECLARATION XL
Joint Declaration on the application of the value tolerance rule in
the tuna sector
The European Community undertakes to implement adequate provisions
to give full effect to the application in the tuna sector of the
value tolerance rule, provided for in Article 4(2) of Protocol 1 of
Annex V. To this end, the Community will submit by the date of
signature of this Agreement the conditions under which the 15 %
non-originating tuna may be used pursuant to this Article.
The Community proposal will specify how the method of calculation
shall be based on the EUR. 1 movement certificate.
The two Parties agree, if difficulties arise in achieving the
flexibility aimed at by the application of this method, to undertake
a revision of the method after two years of its application.
DECLARATION XLI
Joint Declaration on Article 6(11) of Protocol 1 of Annex V
The Community agrees to consider, in the light of Article 40 of
Protocol 1, and on a case-by-case basis, any substantiated requests
presented after the signing of the Agreement regarding textile
products excluded from cumulation with neighbouring developing
countries (Article 6(11) of Protocol 1).
DECLARATION XLII
Joint Declaration on rules of origin: cumulation with South Africa
The ACP-EC Customs Cooperation Committee is prepared to examine as
soon as possible any requests for cumulation of working and
processing under Article 6(10) of Protocol 1 of Annex V coming from
regional bodies representing a high level of regional economic
integration.
DECLARATION XLIII
Joint Declaration on Annex 2 to Protocol 1 of Annex V
If in the application of the rules contained in Annex II, ACP
States' exports are adversely affected, the Community will examine
and, where necessary, adopt appropriate corrective measures to
remedy the situation with a view to re-establishing the ex-ante
situation (Decision 2/97 of the Council of Ministers).
The Community has noted the requests made by ACP States on rules of
origin in the context of the negotiations. The Community agrees to
consider any substantiated requests for improvment of the rules of
origin contained in Annex II in the light of Article 40 of Protocol
1 and on a case-by-case basis.