Legalize2000/483/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
As a general rule, the financial execution of the resources from the multi-annual financial framework of cooperation under this agreement by the Commission shall be decentralised.
In this instance, the execution duties shall be carried out by the ACP States in accordance with Article 35.
In order to carry out the financial execution of the resources from the multi-annual financial framework of cooperation under this Agreement, the Commission shall delegate its executive powers within its own departments. The Commission shall inform the ACP States and the ACP-EC Development Finance Cooperation Committee of this delegation of tasks.
Article 35
National Authorising Officer
The Government of each ACP State shall appoint a National Authorising Officer to represent it in all operations financed from the resources from the multi-annual financial framework of cooperation under this Agreement managed by the Commission and the Bank. The National Authorising Officer shall appoint one or more deputy National Authorising Officers to replace him when he is unable to carry out his duties and shall inform the Commission of this appointment. Wherever the conditions regarding institutional capacity and sound financial management are met, the National Authorising Officer may delegate his functions for implementation of the programmes and projects concerned to the body responsible within the national administration. The National Authorising Officer shall inform the Commission of any such delegation.
In the case of regional programmes and projects, the relevant organisation or body shall designate a Regional Authorising Officer whose duties correspond, mutatis mutandis, to those of the National Authorising Officer.
In the case of Intra-ACP programmes and projects, the ACP Committee of Ambassadors shall designate an Intra-ACP Authorising Officer, whose duties correspond, mutatis mutandis, to those of the National Authorising Officer. In the event that the ACP Secretariat is not the Authorising Officer, the Committee of Ambassadors shall be informed in conformity with the financing agreement of the implementation of programmes and projects.
When the Commission becomes aware of problems in carrying out procedures relating to management of resources from the multi-annual financial framework of cooperation under this Agreement, it shall, in conjunction with the relevant Authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps.
The relevant Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him.
Where resources from the multi-annual financial framework of cooperation under this agreement are managed in a decentralised way and subject to any additional powers that might be granted by the Commission, the relevant Authorising Officer shall:
- (a) be responsible for the coordination, programming, regular monitoring and annual, mid-term and end-of-term reviews of implementation of cooperation, and for coordination with donors;
- (b) in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects;
- (c) prepare tender dossiers and, where appropriate, the documents for calls for proposals;
- (d) submit tender dossiers and, where appropriate, documents for calls for proposals, to the Commission for approval before launching invitations to tender and, where appropriate, calls for proposals;
- (e) in close cooperation with the Commission, launch invitations to tender and, where appropriate, calls for proposals;
- (f) receive tenders and, if applicable, proposals, and transmit copies of tenders to the Commission; preside over the opening of tenders and decide on the results of their examination within the period of validity of the tenders, taking account of the time required for approval of contracts;
- (g) invite the Commission to the opening of tenders and, if applicable, proposals and notify the Commission of the results of the examination of tenders and proposals for approval of the proposals for the award of contracts and grants;
- (h) submit contracts and programme estimates and any addenda thereto to the Commission for approval;
- (i) sign the contracts and addenda thereto approved by the Commission;
- (j) clear and authorise expenditure within the limits of the funds assigned to him; and
- (k) during the execution operations, make any adaptation arrangements necessary to ensure the proper execution of approved programmes or projects from the economic and technical viewpoint.
The relevant Authorising Officer shall, during the execution of operations and subject to the requirement to inform the Commission, decide on:
- (a) technical adjustments and alterations to programmes and projects 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 provided for in the financing agreement;
- (b) changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds;
- (c) imposition or remission of penalties for delay;
- (d) acts discharging guarantors;
- (e) purchase of goods, irrespective of their origin, on the local market;
- (f) 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;
- (g) subcontracting;
- (h) final acceptance, provided that the Commission 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
- (i) hiring of consultants and other technical assistance experts.
Article 36
Head of Delegation
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. Appropriate measures shall be taken in any case in which a Head of Delegation is appointed to a group of ACP States. The Head of Delegation shall represent the Commission in all spheres of its competence and in all its activities.
The Head of Delegation shall be the main contact for ACP States and bodies or organisations eligible for financial support under the Agreement. He shall cooperate and work in close cooperation with the National Authorising Officer.
The Head of Delegation shall have the necessary instructions and delegated powers to facilitate and expedite all operations under the Agreement.
On a regular basis, the Head of Delegation shall inform the national authorities of Community activities which may directly concern cooperation between the Community and the ACP States.
Article 37
Payments
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 may be opened in the ACP States by and 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.
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 or the relevant organisation or body at regional or intra-ACP level and to prevent delayed disbursements.
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Payments shall be made by the Commission in accordance with the rules laid down by the Community and the Commission, where appropriate after the expenditure has been cleared and authorised by the relevant Authorising Officer.
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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 relevant Authorising Officer shall process and deliver the payment authorisation to the Head of Delegation not later than 45 days before the due date.
Claims for delayed payments shall be borne by the ACP State concerned or the relevant organisation or body at regional or intra-ACP level, 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.
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)
Haïti
Kiribati
Lesotho
Liberia
Malawi
Mali
Mauritania
Madagascar
Mozambique
Niger
Rwanda
Samoa
SâoTome and Principe
Sierra Leone
Solomon Islands
Somalia
Sudan
Tanzania
Tuvalu
Togo
Uganda
Vanuatu
Zambia
Timor Leste
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
Cook Islands
Dominica
Dominican Republic
Fiji
Grenada
Haiti
Jamaica
Kiribati
Madagascar
Marshall Islands
Mauritius
Micronesia
Nauru
Niue
Palau
Papua New Guinea
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
São Tomé and Principe
Seychelles
Solomon Islands
Tonga
Trinidad and Tobago
Tuvalu
Vanuatu.
Timor Leste.
ANNEX VII
Political dialogue as regards human rights, democratic principles and the rule of law
Article 1
Objectives
The consultations envisaged in Article 96(2)(a) will take place, except in cases of special urgency, after exhaustive political dialogue as envisaged in Article 8 and Article 9(4) of the Agreement.
Both Parties should conduct such political dialogue in the spirit of the Agreement and bearing in mind the Guidelines for ACP-EU Political Dialogue established by the Council of Ministers.
Political Dialogue is a process which should foster the strengthening of ACP-EU relations and contribute towards achieving the objectives of the Partnership.
Article 2
Intensified Political Dialogue preceding consultations under Article 96 of the Agreement
Political dialogue concerning respect for human rights, democratic principles and the rule of law shall be conducted pursuant to Article 8 and Article 9(4) of the Agreement and within the parameters of internationally recognised standards and norms. In the framework of this dialogue the Parties may agree on joint agendas and priorities.
The Parties may jointly develop and agree specific benchmarks or targets with regard to human rights, democratic principles and the rule of law within the parameters of internationally agreed standards and norms, taking into account special circumstances of the ACP State concerned. Benchmarks are mechanisms for reaching targets through the setting of intermediate objectives and timeframes for compliance.
The political dialogue set out in paragraphs 1 and 2 shall be systematic and formal and shall exhaust all possible options prior to consultations under Article 96 of the Agreement.
Except for cases of special urgency as defined in Article 96(2)(b) of the Agreement, consultations under Article 96 may also go ahead without preceding intensified political dialogue, when there is persistent lack of compliance with commitments taken by one of the Parties during an earlier dialogue, or by a failure to engage in dialogue in good faith.
Political dialogue under Article 8 of the Agreement shall also be utilised between the Parties to assist countries subject to appropriate measures under Article 96 of the Agreement, to normalise the relationship.
Article 3
Additional rules on consultation under Article 96 of the Agreement
The Parties shall strive to promote equality in the level of representation during consultations under Article 96 of the Agreement.
The Parties are committed to transparent interaction before, during and after the formal consultations, bearing in mind the specific benchmarks and targets referred to in Article 2(2) of this Annex.
The Parties shall use the 30-day notification period as provided for in Article 96(2) of the Agreement for effective preparation by the Parties, as well as for deeper consultations within the ACP Group and among the Community and its Member States. During the consultation process, the Parties should agree flexible timeframes, whilst acknowledging that cases of special urgency, as defined in Article 96(2)(b) of the Agreement and Article 2(4) of this Annex, may require an immediate reaction.
The parties acknowledge the role of the ACP Group in political dialogue based on modalities to be determined by the ACP Group and communicated to the European Community and its Member States. The ACP Secretariat and the European Commission shall exchange all required information on the process of political dialogue carried out before, during and after consultations undertaken under Articles 96 and 97 of this Agreement.
The Parties acknowledge the need for structured and continuous consultations under Article 96 of the Agreement. The Council of Ministers may develop further modalities to this end.
PROTOCOLS
PROTOCOL 1
On the operating expenditure of the Joint Institutions
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- 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.
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- 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.
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- 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.
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- 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
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.
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
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.
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
The participation of South Africa in this Agreement is subject to the qualifications set out in this Protocol.
The provisions of the bilateral Agreement on Trade, Development and Cooperation between the European Community, its Member States and South Africa as amended by the Agreement signed on 11 September 2009, hereinafter referred as the ‘TDCA’, shall take precedence over the provisions of this Agreement.
Article 2
General Provisions, Political Dialogue and Joint Institutions
The general, institutional and final provisions of this Agreement shall apply to South Africa.
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
The provisions of this Agreement on development finance cooperation shall not apply to South Africa.
However, in derogation from this principle, South Africa shall have the right to participate in the ACP-EC development finance cooperation listed in Article 8 of this Protocol, on the basis of the principles of reciprocity and proportionality, understanding that South Africa's participation will be 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.
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.
For the purpose of the investment financing provided for in Annex II, Chapter 1, to this Agreement, investment funds and financial and non-financial intermediaries established in South Africa can be eligible.
Article 5
Trade Cooperation
The provisions of this Agreement on economic and trade cooperation shall not apply to South Africa.
Nonetheless, South Africa shall be associated as an observer in the dialogue between the Parties pursuant to Articles 34 to 40 of this Agreement.
This Protocol shall not prevent South Africa from negotiating and signing one of the Economic Partnership Agreements (EPA) provided for in Part 3, Title II of this Agreement if the other parties to that EPA so agree.
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.
| Applicable | Remarks | Not applicable |
|---|---|---|
| Preamble | ||
| Part I, Title I, Chapter 1: ‘Objectives, principles and actors’ (Articles 1 to 7) | ||
| Part I, Title II, ‘The political dimension’; Articles 8 to 13 | ||
| Part 2, ‘Institutional provisions’; Articles 14 to 17 | In accordance with Article 1 of this protocol, South Africa shall not have voting rights in any of the joint institutions or bodies in areas of the Agreement which are not applicable to South Africa. | |
| Part 3, Title I, ‘Development strategies’. | ||
| In accordance with Article 5 above, South Africa shall be associated as an observer in the dialogue between the Parties pursuant to Articles 34 to 40. | Part 3, Title II, Economic and Trade Cooperation. | |
| Article 75(i) (Investment promotion, support for the ACP-EU private sector dialogue on regional level), Article 78 (Investment protection) | In accordance with Article 4 above, South Africa shall have the right to participate in certain areas of development finance cooperation on the understanding that such participation will be fully financed from the resources provided for under Title VII of the TDCA. In accordance with Article 2 above, South Africa may participate in the ACP-EC Development Finance Cooperation Committee provided for in Article 83, without enjoying voting rights in relation to provisions that do not apply to South Africa. | Part 4, Development Finance Cooperation |
| Part 5, General Provisions for the Least Developed, Landlocked and Island ACP States, Articles 84 to 90 | ||
| Part 6, Final Provisions, Articles 91 to 100 | ||
| Annex I (Financial Protocol) | ||
| Annex II, Terms and conditions of Financing, Chapter 5 (link to Article 78 / investment protection) | In accordance with Article 4 above, South Africa shall have the right to participate in certain areas of development finance cooperation on the understanding that South Africa's participation will be fully financed from the resources provided for under Title VII of the TDCA. | Annex II, Terms and conditions of Financing, Chapters 1, 2, 3 and 4 |
| Annex III, Institutional Support (CDE and CTA) | In accordance with Article 4 above, South Africa shall have the right to participate in certain areas of development finance cooperation on the understanding that South Africa's participation will be fully financed from the resources provided for under Title VII of the TDCA. | |
| Annex IV, Implementation and Management Procedures: Articles 6 to 14 (Regional cooperation) Articles 20 to 32 (Competition and preference) | In accordance with Article 4 above, where resources from the TDCA are deployed for participation activities in the framework of ACP-EC financial cooperation, South Africa will enjoy the right to fully participate in the decision-making procedures governing implementation of such aid. South African natural and legal persons will moreover be eligible for participation in tenders for contracts financed from the financial resources of the Agreement. In this context, South African tenderers will not enjoy the preferences provided for tenderers from the ACP States. | Annex IV, Articles 1 to 5 (national programming); 15 to 19 (provisions relating to the project cycle), 27 (preference to ACP contractors) and 34 to 38 (Executing agents) |
| Annex V / trade regime during the preparatory period. | ||
| Annex VI; List of Least Developed, island and landlocked ACP States. |
FINAL ACT
The Plenipotentiaries of:
HIS MAJESTY THE KING OF THE BELGIANS,
THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
THE PRESIDENT OF THE CZECH REPUBLIC,
HER MAJESTY THE QUEEN OF DENMARK,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,
THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE HELLENIC REPUBLIC,
HIS MAJESTY THE KING OF SPAIN,
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF CYPRUS,
THE PRESIDENT OF THE REPUBLIC OF LATVIA,
THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,
THE PRESIDENT OF THE REPUBLIC OF HUNGARY,
THE PRESIDENT OF MALTA,
HER MAJESTY THE QUEEN OF THE NETHERLANDS,
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,
THE PRESIDENT OF THE REPUBLIC OF POLAND,
THE PRESIDENT OF THE PORTUGUESE REPUBLIC,
THE PRESIDENT OF ROMANIA,
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
THE PRESIDENT OF THE SLOVAK 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 the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as ‘the Member States’,
and of THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’,
of 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 UNION 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 CÔTE 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 FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA,
THE PRESIDENT OF THE REPUBLIC OF THE FIJI ISLANDS,
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 CO-OPERATIVE 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 REPUBLIC OF RWANDA,
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 SÃO TOMÉ AND PRÍNCIPE,
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 SOLOMON ISLANDS,
THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,
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 REPUBLIC OF CHAD,
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE,
THE PRESIDENT OF THE TOGOLESE REPUBLIC,
HIS MAJESTY THE KING 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,
which States are hereinafter referred to as ‘ACP States’,
of the other part,
meeting in Ouagadougou on the twenty-second day of June in the year two thousand and ten for the signature of the Agreement amending for the second time the 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, as first amended in Luxembourg on 25 June 2005.
| Annex I | Financial Protocol |
| Annex II | Terms and Conditions of Financing |
| Annex III | Institutional Support |
| Annex IV | Implementation and management procedures |
| Annex V | Trade regime applicable during the preparatory period referred to in Article 37(1) |
| Annex VI | List of LDLICs |
| Protocol 1 | on operating expenditure of the joint institutions |
| Protocol 2 | on privileges and immunities |
| Protocol 3 | on South Africa |
| --- | --- |
| Declaration I: | Joint Declaration on Support for Market Access in the ACP-EC Partnership; |
| Declaration II: | Joint Declaration on Migration and Development (Article 13); |
| Declaration III: | European Union Declaration on Institutional Changes Resulting From the Entry into Force of the Treaty of Lisbon; |
| Declaration IV | Community Declaration on the financing of the ACP Secretariat |
| Declaration V | Community Declaration on the financing of the joint institutions |
| Declaration VI | Community Declaration relating to the Protocol on privileges and immunities |
| Declaration VII | Declaration by the Member States relating to the Protocol on privileges and immunities |
| Declaration VIII | Joint Declaration relating to the Protocol on privileges and immunities |
| Declaration IX | Joint Declaration on Article 49(2) on trade and environment |
| Declaration X | ACP Declaration on trade and environment |
| Declaration XI | Joint Declaration on the ACP cultural heritage |
| Declaration XII | Declaration by the ACP States on return or restitution of cultural property |
| Declaration XIII | Joint Declaration on copyright |
| Declaration XIV | Joint Declaration on regional cooperation and the outermost regions (Article 28) |
| Declaration XV | Joint Declaration on accession |
| Declaration XVI | Joint Declaration on accession of the overseas countries and territories referred to in Part Four of the EC Treaty |
| Declaration XVII | Joint Declaration on Article 66 (debt relief) of the Agreement |
| Declaration XVIII | EU Declaration on the Financial Protocol |
| Declaration XIX | Declaration by the Council and the Commission on the Programming Process |
| Declaration XX | Joint Declaration on the impact of Export Revenue Fluctuations on Vulnerable Small, Island and Landlocked ACP States |
| Declaration XXI | Community Declaration on Article 3 of Annex IV |
Hecho en Cotonú, el veintitrés de junio del año dos mil.
Udfærdiget i Cotonou den treogtyvende juni to tusind.
Geschehen zu Cotonou am dreiundzwanzigsten Juni zweitausend.
Έγινε στην Κοτονού, στις είκοσι τρεις Ιουνίου δύο χιλιάδες.
Done at Cotonou on the twenty-third day of June in the year two thousand.
Fait à Cotonou, le vingt-trois juin deux mille.
Fatto a Cotonou, addì ventitré giugno duemila.
Gedaan te Cotonou, de drieëntwintigste juni tweeduizend.
Feito em Cotonu, em vinte e três de Junho de dois mil.
Tehty Cotonoussa kahdentenakymmenentenäkolmantena päivänä kesäkuuta vuonna kaksituhatta.
Som skedde i Cotonou den tjugotredje juni tjugohundra.
Pour Sa Majesté le Roi des Belges
Voor Zijne Majesteit de Koning der Belgen
Für Seine Majestät den König der Belgier
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région 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 Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
For Hendes Majestæt Danmarks Dronning
Für den Präsidenten der Bundesrepublik Deutschland
Για τον Πρόεδρο της Ελληνικής Δημοκρατίας
Por Su Majestad el Rey de España
Pour le Président de la République française
Thar ceann Uachtarán 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
Für den Bundespräsidenten der Republik Österreich
Pelo Presidente da República Portuguesa
Suomen Tasavallan Presidentin puolesta
För Republiken Finlands President
På svenska regeringens vägnar
For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland
Por la Comunidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Pour le Président de la République 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 Président de la République du Bénin
For the President of the Republic of Botswana
Pour le Président du Burkina Faso
Pour le Président de la République du Burundi
Pour le Président de la République du Cameroun
Pour le Président de la République du Cap-Vert
Pour le Président de la République Centrafricaine
Pour le Président de la République Fédérale Islamique des Comores
Pour le Président de la République démocratique du Congo
Pour le Président de la République du Congo
For the Government of the Cook Islands
Pour le Président de la République de Côte d'Ivoire
Pour le Président de la République 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 Président de la République 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 Président de la République de Guinée
Pour le Président de la République de Guinée-Bissau
Pour le Président de la République de Guinée équatoriale
For the President of the Republic of Guyana
Pour le Président de la République d'Haïti
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 Président de la République de Madagascar
For the President of the Republic of Malawi
Pour le Président de la République du Mali
For the Government of the Republic of the Marshall Islands
Pour le Président de la République Islamique de Mauritanie
For the President of the Republic of Mauritius
For the Government of the Federated States of Micronesia
Pour le Président de la République du Mozambique
For the President of the Republic of Namibia
For the Government of the Republic of Nauru
Pour le Président de la République 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 Président de la République 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 Président de la République démocratique de São Tomé et Príncipe
Pour le Président de la République du Sénégal
Pour le Président de la République 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 Président de la République du Tchad
Pour le Président de la République 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 support for market access in the ACP-EC partnership
The Parties recognise the significant value of preferential market access conditions to ACP economies, specifically for the commodity and other agro-industry sectors which are of critical importance to the economic and social development of the ACP States and constitute a major contribution to employment, export earnings and Government revenue.
The Parties acknowledge that some sectors have been undergoing, with EU support, a process of transformation aimed at allowing ACP exporters concerned to compete in the EU and the international markets, including through the development of branded and other value added products.
They also recognise that additional support could be necessary where greater liberalisation of trade may lead to deeper alteration of market access conditions for ACP producers. To that end, they agree to examine all necessary measures in order to maintain the competitive position of the ACP States in the EU market. Such examination may include rules of origin, sanitary and phytosanitary measures and implementation of specific measures addressing supply side constraints in the ACP States. The objective will be to enable ACP States to exploit their existing and potential comparative advantage in the EU market.
When assistance programmes are developed and resources provided, the Parties agree to conduct periodic evaluations to assess progress and the results attained and decide on appropriate additional measures to be implemented.
The Joint Ministerial Trade Committee shall monitor the implementation of this Declaration and make appropriate reports and recommendations to the Council of Ministers.
DECLARATION II
Joint declaration on migration and development (Article 13)
The Parties agree to strengthen and deepen their dialogue and cooperation in the area of migration, building on the following three pillars of a comprehensive and balanced approach to migration:
-
- Migration and Development, including issues relating to diasporas, brain drain and remittances;
-
- Legal migration including admission, mobility and movement of skills and services; and
-
- Illegal migration, including smuggling and trafficking of human beings and border management, as well as readmission.
Without prejudice to the current Article 13, the Parties undertake to work out the details of this enhanced cooperation in the area of migration.
They further agree to work towards the timely completion of this dialogue and to report about the progress made to the next ACP-EC Council.
DECLARATION III
European Union declaration on institutional changes resulting from the entry into force of the Treaty of Lisbon
As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to ‘the European Community’ in the text of the Agreement are, where appropriate, to be read as ‘the European Union’.
The European Union will propose to the ACP States an Exchange of Letters with the aim of bringing the Agreement into conformity with the institutional changes in the European Union resulting from the entry into force of the Treaty of Lisbon.
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 Réunion, 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 13 500 million of the 9th EDF, EUR 12 500 million shall be made available immediately upon the entry into force of the Financial Protocol. The remaining EUR 1 000 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.
[^E0001]: OJ L 344, 19.12.2013, p. 1.
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