++++

SECOND ACP-EEC CONVENTION

SIGNED AT LOME ON 31 OCTOBER 1979

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 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 ,

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ,

CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HEREINAFTER REFERRED TO AS " THE COMMUNITY " , SIGNED AT ROME ON 25 MARCH 1957 , WHOSE STATES ARE HEREINAFTER REFERRED TO AS " THE MEMBER STATES " ;

AND

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

OF THE ONE PART , AND

THE HEAD OF STATE OF THE BAHAMAS ,

THE HEAD OF STATE OF BARBADOS ,

THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF BENIN ,

THE PRESIDENT OF THE REPUBLIC OF BOTSWANA ,

THE PRESIDENT OF THE REPUBLIC OF BURUNDI ,

THE PRESIDENT OF THE UNITED REPUBLIC OF CAMEROON ,

THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE ,

THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC ,

THE PRESIDENT OF THE FEDERAL ISLAMIC REPUBLIC OF THE COMOROS ,

THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF THE CONGO ,

THE PRESIDENT OF THE REPUBLIC OF THE IVORY COAST ,

THE PRESIDENT OF THE REPUBLIC OF JIBUTI ,

THE PRIME MINISTER AND MINISTER OF EXTERNAL AFFAIRS OF THE INDEPENDENT STATE OF DOMINICA ,

THE CHAIRMAN OF THE PROVISIONAL MILITARY ADMINISTRATIVE COUNCIL AND OF THE COUNCIL OF MINISTERS AND COMMANDER-IN-CHIEF OF THE REVOLUTIONARY ARMY OF ETHIOPIA ,

HER MAJESTY THE QUEEN OF FIJI ,

THE PRESIDENT OF THE GABONESE REPUBLIC ,

THE PRESIDENT OF THE REPUBLIC OF THE GAMBIA ,

THE PRESIDENT OF THE REPUBLIC OF GHANA ,

THE HEAD OF STATE OF GRENADA ,

THE PRESIDENT OF THE REPUBLIC OF GUINEA ,

THE PRESIDENT OF THE COUNCIL OF STATE OF GUINEA BISSAU ,

THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA ,

THE PRESIDENT OF THE REPUBLIC OF GUYANA ,

THE PRESIDENT OF THE REPUBLIC OF UPPER VOLTA ,

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 DEMOCRATIC REPUBLIC OF MADAGASCAR ,

THE PRESIDENT OF THE REPUBLIC OF MALAWI ,

THE PRESIDENT OF THE REPUBLIC OF MALI ,

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA ,

HER MAJESTY THE QUEEN OF MAURITIUS ,

THE PRESIDENT OF THE REPUBLIC OF NIGER ,

THE HEAD OF THE FEDERAL GOVERNMENT OF NIGERIA ,

THE HEAD OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA ,

THE PRESIDENT OF THE REPUBLIC OF RWANDA ,

THE PRESIDENT OF THE REPUBLIC OF SAINT LUCIA ,

THE HEAD OF STATE OF WESTERN SAMOA ,

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE ,

THE PRESIDENT OF THE REPUBLIC OF SENEGAL ,

THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES ,

THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE ,

THE PRESIDENT OF THE INDEPENDENT STATE OF SOLOMON ISLANDS ,

THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC , PRESIDENT OF THE SUPREME REVOLUTIONARY COUNCIL ,

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN ,

THE PRESIDENT OF THE REPUBLIC OF SURINAM ,

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 REPUBLIC OF TOGO ,

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 PRESIDENT OF THE REPUBLIC OF ZAIRE ,

THE PRESIDENT OF THE REPUBLIC OF ZAMBIA ,

WHOSE STATES ARE HEREINAFTER CALLED " THE ACP STATES " ,

OF THE OTHER PART ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HEREINAFTER REFERRED TO AS " THE TREATY " , AND TO THE GEORGETOWN AGREEMENT CONSTITUTING THE GROUP OF AFRICAN , CARIBBEAN AND PACIFIC STATES ;

ANXIOUS TO REINFORCE , ON THE BASIS OF COMPLETE EQUALITY BETWEEN PARTNERS AND IN THEIR MUTUAL INTEREST , CLOSE AND CONTINUING COOPERATION IN THE SPIRIT OF INTERNATIONAL SOLIDARITY ;

RESOLVED TO INTENSIFY THEIR EFFORTS TOGETHER FOR THE ECONOMIC DEVELOPMENT AND SOCIAL PROGRESS OF THE ACP STATES , AND TO ENSURE THE GREATER WELL-BEING OF THEIR POPULATIONS ;

WISHING TO DEMONSTRATE THEIR COMMON DESIRE TO MAINTAIN AND DEVELOP THE FRIENDLY RELATIONS EXISTING BETWEEN THEIR COUNTRIES , IN ACCORDANCE WITH THE PRINCIPLES OF THE UNITED NATIONS CHARTER ;

RESOLVED TO CONTINUE AND INTENSIFY THEIR EFFORTS TO ESTABLISH A MODEL FOR RELATIONS BETWEEN DEVELOPED AND DEVELOPING STATES WHICH IS COMPATIBLE WITH THE ASPIRATIONS OF THE INTERNATIONAL COMMUNITY TOWARDS THE ESTABLISHMENT OF A NEW , MORE JUST AND MORE BALANCED INTERNATIONAL ECONOMIC ORDER ;

RESOLVED TO PROMOTE , HAVING REGARD TO THEIR RESPECTIVE LEVELS OF DEVELOPMENT , TRADE COOPERATION BETWEEN THE ACP STATES AND THE COMMUNITY AND TO PROVIDE A SOUND BASIS THEREFOR IN CONFORMITY WITH THEIR INTERNATIONAL OBLIGATIONS ;

CONSCIOUS OF THE NEED TO DEVELOP COOPERATION AND TRADE AMONG THE ACP STATES AS A WHOLE AND THE PARTICULAR NEED TO ACCELERATE ECONOMIC COOPERATION AND DEVELOPMENT WITHIN AND BETWEEN THE REGIONS OF THE ACP STATES ;

CONSCIOUS OF THE PARTICULAR IMPORTANCE OF THE AGRICULTURAL AND RURAL DEVELOPMENT OF THE ACP STATES AND OF THE NEED TO INTENSIFY EFFORTS TO THAT END ;

DESIROUS OF SAFEGUARDING THE INTERESTS OF THE ACP STATES WHOSE ECONOMIES DEPEND TO A CONSIDERABLE EXTENT ON THE EXPORT OF COMMODITIES AND OF DEVELOPING THEIR RESOURCES ;

ANXIOUS TO PROMOTE THE INDUSTRIAL DEVELOPMENT OF THE ACP STATES THROUGH INCREASED COOPERATION BETWEEN THESE STATES AND THE MEMBER STATES ;

ACKNOWLEDGING THE NEED FOR SPECIAL TREATMENT TO BE ACCORDED TO THE LEAST-DEVELOPED ACP STATES AND FOR SPECIAL MEASURES TO BE INTRODUCED IN FAVOUR OF THE LAND-LOCKED AND ISLAND ACP STATES IN ORDER TO HELP THEM OVERCOME THE SPECIFIC DIFFICULTIES WITH WHICH THEY ARE FACED ;

CONSICIOUS OF THE NEED TO ESTABLISH ADEQUATE MACHINERY FOR WIDEST POSSIBLE CONSULTATIONS , WITH A VIEW TO PROMOTING ACP-ECC COOPERATION ;

HAVE DECIDED TO CONCLUDE THIS CONVENTION AND TO THIS END HAVE DESIGNATED AS THEIR PLENIPOTENTIARIES :

HIS MAJESTY THE KING OF THE BELGIANS :

MR PAUL NOTERDAEME ,

AMBASSADOR ,

PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES ;

HER MAJESTY THE QUEEN OF DENMARK :

MR NIELS ERSBOELL ,

STATE SECRETARY ,

AMBASSADOR ,

MINISTRY OF FOREIGN AFFAIRS ;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY :

MR KLAUS VON DOHNANYI ,

MINISTER OF STATE ,

MINISTRY OF FOREIGN AFFAIRS ;

THE PRESIDENT OF THE FRENCH REPUBLIC :

MR ROBERT GALLEY ,

MINISTER FOR COOPERATION ,

MR PIERRE BERNARD-REYMOND ,

STATE SECRETARY ,

MINISTRY OF FOREIGN AFFAIRS ;

THE PRESIDENT OF IRELAND :

MR MICHAEL O'KENNEDY ,

MINISTER FOR FOREIGN AFFAIRS OF IRELAND ;

THE PRESIDENT OF THE ITALIAN REPUBLIC :

THE HONOURABLE GUISEPPE ZAMBERLETTI ,

UNDER-SECRETARY OF STATE FOR FOREIGN AFFAIRS ;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG :

MR JEAN DONDELINGER ,

AMBASSADOR ,

PERMANENT REPRESENTATIVE OF LUXEMBOURG TO THE EUROPEAN COMMUNITIES ;

HER MAJESTY THE QUEEN OF THE NETHERLANDS :

MR D . F . VAN DER MEI ,

SECRETARY OF STATE ,

MINISTRY OF FOREIGN AFFAIRS ;

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND :

THE HONOURABLE DOUGLAS RICHARD HURD , CBE ,

MEMBER OF PARLIAMENT ,

MINISTER OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS ;

THE COUNCIL OF THE EUROPEAN COMMUNITIES :

MR MICHAEL O'KENNEDY ,

PRESIDENT-IN-OFFICE OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

MINISTER FOR FOREIGN AFFAIRS OF IRELAND ;

MR CLAUDE CHEYSSON ,

MEMBER OF THE COMMISSION OF THE EUROPEAN COMMUNITIES ;

THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS :

H . E . MR R . F . ANTHONY ROBERTS ,

HIGH COMMISSIONER FOR THE COMMONWEALTH OF THE BAHAMAS IN LONDON ;

THE HEAD OF STATE OF BARBADOS :

THE HONOURABLE HAROLD BERNARD ST JOHN , QC , MP ,

DEPUTY PRIME MINISTER AND MINISTER OF TRADE , TOURISM AND INDUSTRY ;

THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF BENIN :

MR ANDRE ATCHADE ,

MINISTER FOR TRADE AND TOURISM ;

THE PRESIDENT OF THE REPUBLIC OF BOTSWANA :

MR ARCHIBALD MOOKETSA MOGWE ,

MINISTER OF EXTERNAL AFFAIRS ;

THE PRESIDENT OF THE REPUBLIC OF BURUNDI :

MR DONATIEN BIHUTE ,

MINISTER FOR PLANNING ;

THE PRESIDENT OF THE UNITED REPUBLIC OF CAMEROON :

MR ROBERT NAAH ,

DEPUTY MINISTER FOR ECONOMIC AFFAIRS AND PLANNING ;

THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE :

MR ABILIO AUGUSTO MONTERO DUARTE ,

MINISTER FOR FOREIGN AFFAIRS ;

THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC :

MR JEAN-PIERRE LE BOUDER ,

MINISTER FOR COOPERATION , PLANNING , GENERAL STATISTICS , COMPANIES AND CONSULTANCY BUREAUX ON PROJECTS RELATING INTER ALIA TO THE ORGANIZATION AND PROMOTION OF AGRO-INDUSTRIAL OPERATIONS ;

THE PRESIDENT OF THE FEDERAL ISLAMIC REPUBLIC OF THE COMOROS :

MR ALI MROUDJAE ,

MINISTER FOR FOREIGN AFFAIRS AND COOPERATION ;

THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF THE CONGO :

MR ELENGA NGAPORO ,

MINISTER FOR TRADE ;

THE PRESIDENT OF THE REPUBLIC OF THE IVORY COAST :

MR ABDOULAYE KONE ,

MINISTER FOR ECONOMIC AFFAIRS , FINANCING AND PLANNING ;

THE PRESIDENT OF THE REPUBLIC OF JIBUTI :

H . E . MR AHMED IBRAHIM ABDI ,

AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE REPUBLIC OF JIBUTI TO THE FRENCH GOVERNMENT AND TO THE EUROPEAN ECONOMIC COMMUNITY ;

THE PRIME MINISTER AND MINISTER OF EXTERNAL AFFAIRS OF THE COMMONWEALTH OF DOMINICA :

MR ARDEN SHILLINGFORD ,

HIGH COMMISSIONER OF DOMINICA IN LONDON ;

THE CHAIRMAN OF THE PROVISIONAL MILITARY ADMINISTRATIVE COUNCIL AND OF THE COUNCIL OF MINISTERS AND COMMANDER-IN-CHIEF OF THE REVOLUTIONARY ARMY OF ETHIOPIA :

MR TEFERRA WOLDE-SEMAIT ,

MINISTER OF FINANCE ;

HER MAJESTY THE QUEEN OF FIJI :

MR SATYA NAND NANDAN ,

AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,

HEAD OF THE MISSION OF FIJI TO THE EUROPEAN COMMUNITIES ;

THE PRESIDENT OF THE GABONESE REPUBLIC :

MR MICHEL ANCHOUEY ,

MINISTER FOR PLANNING , DEVELOPMENT , REGIONAL PLANNING AND TOURISM ;

THE PRESIDENT OF THE REPUBLIC OF THE GAMBIA :

MR MOHAMADU CADI CHAM ,

MINISTER OF FINANCE AND TRADE ;

THE PRESIDENT OF THE REPUBLIC OF GHANA :

H . E . MR AMON NIKOI ,

MINISTER OF FINANCE AND ECONOMIC PLANNING ;

THE HEAD OF STATE OF GRENADA :

MR FENNIS AUGUSTINE ,

HIGH COMMISSIONER FOR GRENADA IN LONDON ;

THE PRESIDENT OF THE REPUBLIC OF GUINEA :

MR N'FALY SANGARE ,

MINISTER DELEGATE TO THE EUROPEAN COMMUNITIES ;

THE PRESIDENT OF THE COUNCIL OF STATE OF GUINEA BISSAU :

H . E . DR VASCO CABRAL ,

STATE COMMISSIONER FOR ECONOMIC COORDINATION AND PLANNING ;

THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA :

LIEUT . CRISTINO SERICHE MALABO BIOCO ,

MEMBER OF THE SUPREME MILITARY COUNCIL ;

THE PRESIDENT OF THE REPUBLIC OF GUYANA :

MR SAMUEL RUDOLPH INSANALLY ,

GUYANA'S PERMANENT REPRESENTATIVE TO THE EUROPEAN ECONOMIC COMMUNITY ;

THE PRESIDENT OF THE REPUBLIC OF UPPER VOLTA :

MR GEORGES SANOGOH ,

MINISTER FOR PLANNING AND COOPERATION ;

THE HEAD OF STATE OF JAMAICA :

H . E . MR DONALD RAINFORD ,

AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF JAMAICA TO THE EUROPEAN COMMUNITIES ;

THE PRESIDENT OF THE REPUBLIC OF KENYA :

MR JOSEPH MULIRO ,

PERMANENT SECRETARY ,

MINISTRY OF AGRICULTURE ;

THE PRESIDENT OF THE REPUBLIC OF KIRIBATI :

THE HONOURABLE DOUGLAS RICHARD HURD , CBE , MP ,

MINISTER OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ;

HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO :

THE HONOURABLE MORENA MAKHAOLA LEROTHOLI ;

THE PRESIDENT OF THE REPUBLIC OF LIBERIA :

THE HONOURABLE D . FRANKLIN NEAL ,

MINISTER OF PLANNING AND ECONOMIC AFFAIRS ;

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF MADAGASCAR :

H . E . MR JUSTIN RARIVOSON ,

MINISTER FOR ECONOMIC AFFAIRS AND TRADE ;

THE PRESIDENT OF THE REPUBLIC OF MALAWI :

THE HONOURABLE STOTT ZONDWAYO JERE , MP ,

MINISTER FOR TRADE , INDUSTRY AND TOURISM ;

THE PRESIDENT OF THE REPUBLIC OF MALI :

H . E . MR ALIOUNE BLONDIN BEYE ,

MINISTER FOR FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION ;

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA :

MR ABDELLAH ULD DADDAH ,

AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,

REPRESENTATIVE OF THE ISLAMIC REPUBLIC OF MAURITANIA TO THE EUROPEAN COMMUNITIES ;

HER MAJESTY THE QUEEN OF MAURITIUS :

THE HONOURABLE SIR SATEAM BOOLELL , KNIGHT ,

MINISTER FOR AGRICULTURE , NATURAL RESOURCES AND THE ENVIRONMENT ;

THE PRESIDENT OF THE REPUBLIC OF NIGER :

MR MAI MAIGENA ,

MINISTER FOR ECONOMIC AFFAIRS , TRADE AND INDUSTRY ;

THE HEAD OF THE FEDERAL GOVERNMENT OF NIGERIA :

H . E . MR P . AYODELE AFOLABI ,

AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,

HEAD OF THE MISSION OF THE FEDERAL REPUBLIC OF NIGERIA TO THE EUROPEAN COMMUNITIES ;

THE HEAD OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA :

MR FREDERICK BERNARD CARL REIHER ,

AMBASSADOR TO THE EUROPEAN COMMUNITIES ;

THE PRESIDENT OF THE REPUBLIC OF RWANDA :

MR AMBROISE MULINDANGABO ,

MINISTER FOR PLANNING ;

THE PRESIDENT OF THE REPUBLIC OF SAINT LUCIA :

MR GEORGE WILLIAM ODLUM ,

DEPUTY PRIME MINISTER ,

MINISTER FOR FOREIGN AFFAIRS AND TRADE ;

THE HEAD OF STATE OF WESTERN SAMOA :

THE HONOURABLE FILIPO VAOVASAMANAIA ,

MINISTER FOR FINANCE ;

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE :

MRS MARIA DE AMORIM ,

MINISTER FOR FOREIGN AFFAIRS AND COOPERATION ;

THE PRESIDENT OF THE REPUBLIC OF SENEGAL :

MR OUSMANE SECK ,

MINISTER FOR FINANCE AND ECONOMIC AFFAIRS ;

THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES :

MR MAXIME FERRARI ,

MINISTER FOR PLANNING AND DEVELOPMENT ;

THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE :

THE HONOURABLE DR I . M . FOFANA ,

MINISTER FOR TRADE AND INDUSTRY ;

THE PRESIDENT OF THE INDEPENDENT STATE OF SOLOMON ISLANDS :

THE HONOURABLE DOUGLAS RICHARD HURD , CBE , MP ,

MINISTER OF STATE ,

MINISTRY OF FOREIGN AND COMMONWEALTH AFFAIRS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC , PRESIDENT OF THE SUPREME REVOLUTIONARY COUNCIL :

H . E . MR OMAR SALAH AHMED ,

AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,

REPRESENTATIVE OF THE SOMALI DEMOCRATIC REPUBLIC TO THE EUROPEAN COMMUNITIES ;

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN :

MR IZZ EL DIN HAMID ,

MINISTER OF STATE IN THE COUNCIL OF MINISTERS ;

THE PRESIDENT OF THE REPUBLIC OF SURINAM :

MR LUDWIG C . ZUIVERLOON ,

MINISTER OF ECONOMIC AFFAIRS ;

HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND :

MR DZABULUMJIVA H . S . NHLABATSI ,

DEPUTY MINISTER FOR WORKS , POWER AND COMMUNICATIONS ;

THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA :

MR ALPHONCE M . RULEGURA ,

MINISTER FOR TRADE ;

THE PRESIDENT OF THE REPUBLIC OF CHAD :

MR ISSAKA RAMAT AL HAMDOU ,

CHARGE D'AFFAIRES A.I .

BRUSSELS EMBASSY OF THE REPUBLIC OF CHAD ;

THE PRESIDENT OF THE REPUBLIC OF TOGO :

MR KOUDJOLOU DOGO ,

MINISTER FOR PLANNING , INDUSTRIAL DEVELOPMENT AND ADMINISTRATIVE REFORM ;

HIS MAJESTY KING TAUFA'AHAU TUPOU IV OF TONGA :

H . R . H . CROWN PRINCE TUPOUTO'A ,

THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO :

H . E . MR EUSTACE SEIGNORET ,

HIGH COMMISSIONER ( LONDON ) ;

HER MAJESTY THE QUEEN OF TUVALU :

MR SATYA NAND NANDAN ,

AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY ,

HEAD OF THE MISSION OF FIJI TO THE EUROPEAN COMMUNITIES ;

THE PRESIDENT OF THE REPUBLIC OF UGANDA :

THE HONOURABLE ATEKER EJALU ,

MINISTER OF REGIONAL COOPERATION ;

THE PRESIDENT OF THE REPUBLIC OF ZAIRE :

MR KIAKWAMA KIA KIZIKI ,

STATE COMMISSIONER FOR THE ECONOMY , INDUSTRY AND TRADE ;

THE PRESIDENT OF THE REPUBLIC OF ZAMBIA :

MR REMI CHISUPA , MP ,

MINISTER OF COMMERCE AND INDUSTRY ;

WHO , HAVING EXCHANGED THEIR FULL POWERS , FOUND IN GOOD AND DUE FORM ,

HAVE AGREED AS FOLLOWS :

TITLE I

TRADE COOPERATION

ARTICLE 1

IN THE FIELD OF TRADE COOPERATION , THE OBJECT OF THIS CONVENTION IS TO PROMOTE TRADE BETWEEN THE ACP STATES AND THE COMMUNITY , TAKING ACCOUNT OF THEIR RESPECTIVE LEVELS OF DEVELOPMENT , AND ALSO BETWEEN THE ACP STATES THEMSELVES .

IN THE PURSUIT OF THIS OBJECTIVE , PARTICULAR REGARD WILL BE HAD TO THE NEED TO SECURE EFFECTIVE ADDITIONAL BENEFITS FOR THE TRADE OF THE ACP STATES WITH THE COMMUNITY , IN ORDER TO ACCELERATE THE GROWTH OF THEIR TRADE AND IN PARTICULAR OF THE FLOW OF THEIR EXPORTS TO THE COMMUNITY AND IN ORDER TO IMPROVE THE CONDITIONS OF ACCESS FOR THEIR PRODUCTS TO THE MARKET OF THE COMMUNITY , SO AS TO ENSURE A BETTER BALANCE IN THE TRADE OF THE CONTRACTING PARTIES .

TO THIS END THE CONTRACTING PARTIES SHALL APPLY THE PROVISIONS OF THIS TITLE AND THE OTHER APPROPRIATE MEASURES UNDER TITLES V , VI AND VII .

CHAPTER 1

TRADE ARRANGEMENTS

ARTICLE 2

1 . PRODUCTS ORIGINATING IN THE ACP STATES SHALL BE IMPORTED INTO THE COMMUNITY FREE OF CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT .

2 . ( A ) PRODUCTS ORIGINATING IN THE ACP STATES :

_ LISTED IN ANNEX II TO THE TREATY WHEN THEY COME UNDER A COMMON ORGANIZATION OF THE MARKET WITHIN THE MEANING OF ARTICLE 40 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 ,

SHALL BE IMPORTED INTO THE COMMUNITY NOTWITHSTANDING THE GENERAL ARRANGEMENTS APPLIED IN RESPECT OF THIRD COUNTRIES , IN ACCORDANCE WITH THE FOLLOWING PROVISIONS :

( I ) THOSE PRODUCTS SHALL BE IMPORTED FREE OF CUSTOMS DUTIES FOR WHICH COMMUNITY PROVISIONS IN FORCE AT THE TIME OF IMPORT DO NOT PROVIDE , APART FROM CUSTOMS DUTIES , FOR THE APPLICATION OF ANY OTHER MEASURE RELATING TO THEIR IMPORT ;

( II ) FOR PRODUCTS OTHER THAN THOSE REFERRED TO UNDER ( I ) , THE COMMUNITY SHALL TAKE THE NECESSARY MEASURES TO ENSURE MORE FAVOURABLE TREATMENT THAN THAT GRANTED TO THIRD COUNTRIES BENEFITING FROM THE MOST-FAVOURED-NATION CLAUSE FOR THE SAME PRODUCTS .

( B ) IF , DURING THE APPLICATION OF THIS CONVENTION , THE ACP STATES REQUEST THAT NEW LINES OF AGRICULTURAL PRODUCTION OR AGRICULTURAL PRODUCTS WHICH ARE NOT THE SUBJECT OF SPECIFIC ARRANGEMENTS UPON THE ENTRY INTO FORCE OF THIS CONVENTION SHOULD BENEFIT FROM SUCH ARRANGEMENTS , THE COMMUNITY SHALL EXAMINE THESE REQUESTS IN CONSULTATION WITH THE ACP STATES .

( C ) THE ARRANGEMENTS REFERRED TO IN SUBPARAGRAPH ( A ) SHALL ENTER INTO FORCE AT THE SAME TIME AS THIS CONVENTION AND SHALL REMAIN APPLICABLE FOR ITS DURATION .

IF , HOWEVER , DURING THE APPLICATION OF THIS CONVENTION , 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 RESERVES THE RIGHT TO ADAPT THE IMPORT TREATMENT FOR THESE 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 RESERVES 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 UNDERTAKES 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-FAVOURED-NATION CLAUSE .

( D ) WHERE THE COMMUNITY ENVISAGES CONCLUDING 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 3

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 , HOWEVER , SHALL NOT PREJUDICE THE IMPORT TREATMENT APPLIED TO THE PRODUCTS REFERRED TO IN THE FIRST INDENT OF ARTICLE 2 ( 2 ) ( A ) .

THE COMMUNITY SHALL INFORM THE ACP STATES WHEN RESIDUAL QUANTITATIVE RESTRICTIONS ARE ELIMINATED IN RESPECT OF ANY OF THESE PRODUCTS .

ARTICLE 4

THE PROVISIONS OF THIS CHAPTER SHALL NOT PRECLUDE ANY COMMITMENTS WHICH THE CONTRACTING PARTIES MIGHT HAVE TO ENTER INTO WITHIN THE FRAMEWORK OF INTERNATIONAL COMMUNITY AGREEMENTS .

CONSULTATIONS SHALL TAKE PLACE ON THIS SUBJECT WHEN CONTRACTING PARTIES ENVISAGE CONCLUDING SUCH AGREEMENTS WITH A VIEW TO TAKING INTO CONSIDERATION THE RESPECTIVE INTERESTS OF ALL THE CONTRACTING PARTIES .

ARTICLE 5

1 . THE PROVISIONS OF ARTICLE 3 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 ARCHEOLOGICAL VALUE OR THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY .

2 . SUCH PROHIBITIONS OR RESTRICTIONS SHALL NOT IN ANY CASE CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE GENERALLY .

3 . IN CASES WHERE THE IMPLEMENTATION OF THE MEASURES REFERRED TO IN PARAGRAPH 1 AFFECT THE INTERESTS OF ONE OR MORE ACP STATES , CONSULTATIONS SHALL BE HELD AT THE REQUEST OF THE LATTER WITH A VIEW TO REACHING A SATISFACTORY SOLUTION .

ARTICLE 6

THE TREATMENT APPLIED TO IMPORTS OF PRODUCTS ORIGINATING IN THE ACP STATES MAY NOT BE MORE FAVOURABLE THAN THAT APPLIED TO TRADE AMONG THE MEMBER STATES .

ARTICLE 7

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 .

IN ORDER TO ENABLE THE COMMUNITY TO TAKE INTO CONSIDERATION THE INTERESTS OF THE ACP STATES CONCERNED , CONSULTATIONS SHALL BE HELD AT THE REQUEST OF THE LATTER WITH A VIEW TO REACHING A SATISFACTORY SOLUTION .

ARTICLE 8

1 . WHERE EXISTING RULES OR REGULATIONS OF THE COMMUNITY 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 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 COMPETENT INSTITUTIONS OF THE COMMUNITY SHALL TO THE GREATEST POSSIBLE EXTENT INFORM THE COUNCIL OF MINISTERS OF SUCH MEASURES .

ARTICLE 9

1 . IN VIEW OF THEIR PRESENT DEVELOPMENT NEEDS , THE ACP STATES SHALL NOT BE REQUIRED FOR THE DURATION OF THIS CONVENTION TO ASSUME IN RESPECT OF IMPORTS OF PRODUCTS ORIGINATING IN THE COMMUNITY , OBLIGATIONS CORRESPONDING TO THE COMMITMENTS ENTERED INTO BY THE COMMUNITY IN RESPECT OF IMPORTS OF THE PRODUCTS ORIGINATING IN THE ACP STATES , UNDER THIS CHAPTER .

2 . ( 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 FAVOURABLE THAN THE 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 10

UNLESS IT HAS ALREADY DONE SO UNDER THE TERMS OF THE ACP-EEC CONVENTION OF LOME , EACH CONTRACTING PARTY SHALL COMMUNICATE ITS CUSTOMS TARIFF TO THE COUNCIL OF MINISTERS WITHIN A PERIOD OF THREE MONTHS FOLLOWING THE ENTRY INTO FORCE OF THIS CONVENTION . EACH CONTRACTING PARTY SHALL ALSO COMMUNICATE ANY SUBSEQUENT AMENDMENTS TO ITS TARIFF AS AND WHEN THEY COME INTO FORCE .

ARTICLE 11

1 . THE CONCEPT OF " ORIGINATING PRODUCTS " FOR THE PURPOSES OF IMPLEMENTING THIS CHAPTER , AND THE METHODS OF ADMINISTRATIVE COOPERATION RELATING THERETO , ARE DEFINED IN PROTOCOL 1 .

2 . THE COUNCIL OF MINISTERS MAY ADOPT ANY AMENDMENT TO PROTOCOL 1 .

3 . WHERE THE CONCEPT OF " ORIGINATING PRODUCTS " HAS NOT YET BEEN DEFINED FOR A GIVEN PRODUCT IN IMPLEMENTATION OF PARAGRAPH 1 OR 2 , EACH CONTRACTING PARTY SHALL CONTINUE TO APPLY ITS OWN RULES .

ARTICLE 12

1 . IF , AS A RESULT OF APPLYING THE PROVISIONS OF THIS CHAPTER , SERIOUS DISTURBANCES OCCUR IN A SECTOR OF THE ECONOMY OF THE COMMUNITY OR OF ONE OR MORE OF ITS MEMBER STATES , OR JEOPARDIZE THEIR EXTERNAL FINANCIAL STABILITY , OR IF DIFFICULTIES ARISE WHICH MAY RESULT IN A DETERIORATION IN A SECTOR OF THE ECONOMY OF THE COMMUNITY OR OF A REGION THEREOF , THE COMMUNITY MAY TAKE , OR MAY AUTHORIZE THE MEMBER STATE CONCERNED TO TAKE , SAFEGUARD MEASURES . THESE MEASURES , THEIR DURATION AND THEIR METHODS OF APPLICATION SHALL BE NOTIFIED IMMEDIATELY TO THE COUNCIL OF MINISTERS .

2 . THE COMMUNITY AND ITS MEMBER STATES UNDERTAKE NOT TO USE SAFEGUARD MEASURES OR OTHER MEANS FOR PROTECTIONIST PURPOSES OR TO HAMPER STRUCTURAL DEVELOPMENT .

3 . THESE SAFEGUARD MEASURES SHALL BE RESTRICTED TO THOSE WHICH WOULD LEAST DISTURB TRADE BETWEEN THE CONTRACTING PARTIES IN IMPLEMENTING THE OBJECTIVES OF THE CONVENTION AND MUST NOT EXCEED THE SCOPE OF WHAT IS STRICTLY NECESSARY TO REMEDY THE DIFFICULTIES THAT HAVE ARISEN .

4 . SAFEGUARD MEASURES SHALL , AT THE TIME OF THEIR APPLICATION , TAKE ACCOUNT OF THE EXISTING LEVEL OF THE ACP EXPORTS CONCERNED TO THE COMMUNITY AND THEIR POTENTIAL FOR DEVELOPMENT .

ARTICLE 13

1 . PRIOR CONSULTATIONS SHALL TAKE PLACE CONCERNING THE APPLICATION OF THE SAFEGUARD CLAUSE , BOTH WHEN SUCH MEASURES ARE FIRST ADOPTED AND WHEN SUCH MEASURES ARE EXTENDED . THE COMMUNITY SHALL PROVIDE THE ACP STATES WITH ALL THE INFORMATION NECESSARY FOR SUCH CONSULTATIONS AND SHALL PROVIDE THE NECESSARY DATA FROM WHICH TO DETERMINE TO WHAT EXTENT IMPORTS FROM AN ACP STATE OR ACP STATES OF A SPECIFIC PRODUCT HAVE CAUSED THE EFFECTS MENTIONED IN ARTICLE 12 ( 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 OR ITS MEMBER STATES , IN ACCORDANCE WITH ARTICLE 12 ( 1 ) , MIGHT TAKE WHERE SPECIAL FACTORS HAVE NECESSITATED THESE DECISIONS .

4 . IN ORDER TO FACILITATE THE EXAMINATION OF FACTS THAT MAY CAUSE MARKET DISTURBANCES A MECHANISM SHALL BE INSTITUTED DESIGNED TO ENSURE STATISTICAL SURVEILLANCE OF CERTAIN ACP EXPORTS TO THE COMMUNITY .

5 . THE CONTRACTING PARTIES UNDERTAKE TO HOLD REGULAR CONSULTATIONS WITH THE VIEW TO FINDING SATISFACTORY SOLUTIONS TO PROBLEMS WHICH MIGHT RESULT FROM THE APPLICATION OF THE SAFEGUARD CLAUSE .

ARTICLE 14

THE COUNCIL OF MINISTERS SHALL , AT THE REQUEST OF ANY CONTRACTING PARTY CONCERNED , CONSIDER THE ECONOMIC AND SOCIAL EFFECTS OF THE APPLICATION OF THE SAFEGUARD CLAUSE .

ARTICLE 15

WHEN SAFEGUARD MEASURES ARE BEING TAKEN , MODIFIED OR REMOVED , PARTICULAR ATTENTION WILL BE PAID TO THE INTERESTS OF THE LEAST-DEVELOPED , LAND-LOCKED AND ISLAND ACP STATES .

ARTICLE 16

IN ORDER TO ENSURE EFFECTIVE IMPLEMENTATION OF THE PROVISIONS OF THIS CONVENTION IN THE FIELD OF TRADE COOPERATION , THE CONTRACTING PARTIES AGREE TO INFORM AND CONSULT EACH OTHER .

IN ADDITION TO THE CASES FOR WHICH CONSULTATIONS ARE SPECIFICALLY PROVIDED IN ARTICLES 1 TO 15 , CONSULTATIONS SHALL ALSO TAKE PLACE , AT THE REQUEST OF THE COMMUNITY OR OF THE ACP STATES , AND IN ACCORDANCE WITH THE CONDITIONS PROVIDED FOR IN THE RULES OF PROCEDURE IN ARTICLE 168 , PARTICULARLY IN THE FOLLOWING CASES :

1 . WHERE CONTRACTING PARTIES ENVISAGE TAKING ANY TRADE MEASURES AFFECTING THE INTERESTS OF ONE OR MORE CONTRACTING PARTIES UNDER THIS CONVENTION , THEY SHALL INFORM THE COUNCIL OF MINISTERS THEREOF . CONSULTATIONS SHALL TAKE PLACE , WHERE THE CONTRACTING PARTIES CONCERNED SO REQUEST , IN ORDER TO TAKE ACCOUNT OF THEIR RESPECTIVE INTERESTS ;

2 . IF , DURING THE APPLICATION OF THIS CONVENTION , THE ACP STATES CONSIDER THAT AGRICULTURAL PRODUCTS COVERED BY ARTICLE 2 ( 2 ) ( A ) OTHER THAN THOSE SUBJECT TO SPECIAL TREATMENT SHOULD BENEFIT FROM SUCH TREATMENT , CONSULTATIONS MAY TAKE PLACE WITHIN THE COUNCIL OF MINISTERS ;

3 . WHERE A CONTRACTING PARTY CONSIDERS THAT OBSTACLES TO THE MOVEMENT OF GOODS ARISE AS A RESULT OF THE EXISTING RULES OF ANOTHER CONTRACTING PARTY OR THE INTERPRETATION , APPLICATION OR ADMINISTRATION THEREOF ;

4 . WHERE THE COMMUNITY ENVISAGES CONCLUDING 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 ;

5 . WHERE THE COMMUNITY OR THE MEMBER STATES TAKE SAFEGUARD MEASURES IN ACCORDANCE WITH ARTICLE 12 , CONSULTATIONS ON THESE MEASURES MAY TAKE PLACE WITHIN THE COUNCIL OF MINISTERS , WHERE THE CONTRACTING PARTIES CONCERNED SO REQUEST , NOTABLY WITH A VIEW TO ENSURING COMPLIANCE WITH ARTICLE 12 ( 3 ) .

CHAPTER 2

SPECIAL UNDERTAKINGS ON RUM AND BANANAS

ARTICLE 17

UNTIL THE ENTRY INTO FORCE OF A COMMON ORGANIZATION OF THE MARKET IN SPIRITS AND NOTWITHSTANDING THE PROVISIONS OF ARTICLE 2 ( 1 ) , ENTRY INTO THE COMMUNITY OF PRODUCTS OF SUBHEADING 22.09 C I _ RUM , ARRACK , TAFIA _ ORIGINATING IN THE ACP STATES SHALL BE GOVERNED BY THE PROVISIONS OF PROTOCOL 5 .

ARTICLE 18

IN ORDER TO PERMIT THE IMPROVEMENT OF THE CONDITIONS UNDER WHICH BANANAS ORIGINATING IN THE ACP STATES ARE PRODUCED AND MARKETED , THE CONTRACTING PARTIES AGREE TO THE OBJECTIVES SET OUT IN PROTOCOL 4 .

ARTICLE 19

THIS CHAPTER AND PROTOCOLS 4 AND 5 SHALL NOT APPLY TO RELATIONS BETWEEN THE ACP STATES AND THE FRENCH OVERSEAS DEPARTMENTS .

CHAPTER 3

TRADE PROMOTION

ARTICLE 20

WITH A VIEW TO ATTAINING THE OBJECTIVES SET IN ARTICLE 1 , THE CONTRACTING PARTIES SHALL IMPLEMENT TRADE PROMOTION MEASURES FROM THE PRODUCTION STAGE TO THE FINAL STAGE OF DISTRIBUTION . THE OBJECT IS TO ENSURE THAT THE ACP STATES DERIVE MAXIMUM BENEFIT FROM THE PROVISIONS OF THIS CONVENTION IN THE FIELDS OF TRADE , AGRICULTURAL AND INDUSTRIAL COOPERATION AND CAN PARTICIPATE UNDER THE MOST FAVOURABLE CONDITIONS IN THE COMMUNITY , DOMESTIC , REGIONAL AND INTERNATIONAL MARKETS BY DIVERSIFYING THE RANGE AND INCREASING THE VALUE AND VOLUME OF ACP EXPORTS .

ARTICLE 21

THE TRADE PROMOTION MEASURES PROVIDED FOR IN ARTICLE 20 SHALL INCLUDE THE PROVISION OF TECHNICAL AND FINANCIAL ASSISTANCE FOR ACHIEVING THE FOLLOWING OBJECTIVES :

( A ) THE ESTABLISHMENT AND / OR IMPROVEMENT OF THE STRUCTURE OF ORGANIZATIONS , CENTRES OR FIRMS INVOLVED IN THE DEVELOPMENT OF THE TRADE OF ACP STATES AND THE ASSESSMENT OF THEIR STAFFING REQUIREMENTS , FINANCIAL MANAGEMENT AND WORKING METHODS ;

( B ) BASIC TRAINING , MANAGEMENT TRAINING , AND VOCATIONAL TRAINING OF TECHNICIANS IN FIELDS RELATED TO THE DEVELOPMENT AND PROMOTION OF NATIONAL AND INTERNATIONAL TRADE ;

( C ) PRODUCT POLICY INCLUSIVE OF RESEARCH , PROCESSING , QUALITY GUARANTEE AND CONTROL , PACKAGING AND PRESENTATION ;

( D ) DEVELOPMENT OF SUPPORTIVE INFRASTRUCTURE , INCLUDING TRANSPORT AND STORAGE FACILITIES , IN ORDER TO FACILITATE THE FLOW OF EXPORTS FROM ACP STATES ;

( E ) ADVERTISING ;

( F ) ESTABLISHING , PROMOTING AND IMPROVING COOPERATION AMONG ECONOMIC OPERATORS IN ACP STATES AND BETWEEN SUCH OPERATORS AND THOSE IN THE MEMBER STATES OF THE COMMUNITY AND IN THIRD COUNTRIES AND INTRODUCING APPROPRIATE MEASURES TO PROMOTE SUCH COOPERATION ;

( G ) CARRYING OUT AND MAKING USE OF MARKET RESEARCH AND MARKETING STUDIES ;

( H ) COLLECTING , ANALYSING AND DISSEMINATING QUANTITATIVE AND QUALITATIVE TRADE INFORMATION AND FACILITATING FREE ACCESS TO EXISTING OR FUTURE INFORMATION SYSTEMS OR BODIES IN THE COMMUNITY AND IN THE ACP STATES ;

( I ) PARTICIPATION BY THE ACP STATES IN FAIRS , EXHIBITIONS AND , IN PARTICULAR , SPECIALIZED INTERNATIONAL SHOWS , THE LIST OF WHICH SHALL BE DRAWN UP IN CONSULTATION WITH THE ACP STATES , AND THE ORGANIZATION OF TRADE EVENTS ;

( J ) SPECIAL ASSISTANCE TO SMALL - AND MEDIUM-SIZED UNDERTAKINGS FOR PRODUCT IDENTIFICATION AND DEVELOPMENT , MARKET OUTLETS AND JOINT MARKETING VENTURES ;

( K ) THE PARTICIPATION OF THE LEAST-DEVELOPED ACP STATES IN THE VARIOUS TRADE PROMOTION ACTIVITIES ENVISAGED SHALL BE ENCOURAGED BY SPECIAL PROVISIONS INTER ALIA THE PAYMENT OF TRAVEL EXPENSES OF PERSONNEL AND COSTS OF TRANSPORTING ARTICLES AND GOODS THAT ARE TO BE EXHIBITED , ON THE OCCASION OF THEIR PARTICIPATION IN FAIRS AND EXHIBITIONS .

ARTICLE 22

IN ADDITION TO THE APPROPRIATIONS WHICH , WITHIN THE FRAMEWORK OF THE NATIONAL INDICATIVE PROGRAMME REFERRED TO IN ARTICLE 109 MAY BE ALLOCATED BY EACH ACP STATE TO THE FINANCING OF TRADE PROMOTION ACTIVITIES ON THE BASIS OF THEIR DEVELOPMENT AIMS AND PRIORITIES , THE CONTRIBUTION OF THE COMMUNITY TO THE FINANCING OF THIS TYPE OF ACTIVITY , ON A REGIONAL BASIS , COULD REACH _ WITHIN THE FRAMEWORK OF THE REGIONAL DEVELOPMENT COOPERATION PROGRAMMES MENTIONED IN ARTICLE 133 _ A SUM OF 40 MILLION EUROPEAN UNITS OF ACCOUNT ( HEREINAFTER REFERRED TO AS " EUA " ) .

TITLE II

EXPORT EARNINGS FROM COMMODITIES

CHAPTER 1

STABILIZATION OF EXPORT EARNINGS

ARTICLE 23

1 . WITH THE AIM OF REMEDYING THE HARMFUL EFFECTS OF THE INSTABILITY OF EXPORT EARNINGS AND TO HELP THE ACP STATES OVERCOME ONE OF THE MAIN OBSTACLES TO THE STABILITY , PROFITABILITY AND SUSTAINED GROWTH OF THEIR ECONOMIES , TO SUPPORT THEIR DEVELOPMENT EFFORTS AND TO ENABLE THEM IN THIS WAY TO ENSURE ECONOMIC AND SOCIAL PROGRESS FOR THEIR PEOPLES BY HELPING TO SAFEGUARD THEIR PURCHASING POWER , A SYSTEM SHALL BE OPERATED TO GUARANTEE THE STABILIZATION OF EARNINGS DERIVED FROM THE ACP STATES' EXPORTS TO THE COMMUNITY OF PRODUCTS ON WHICH THEIR ECONOMIES ARE DEPENDENT AND WHICH ARE AFFECTED BY FLUCTUATIONS IN PRICE OR QUANTITY OR BOTH THESE FACTORS .

2 . IN ORDER TO ATTAIN THESE OBJECTIVES , TRANSFERS MUST BE DEVOTED TO MAINTAINING FINANCIAL FLOWS IN THE SECTOR IN QUESTION OR , FOR THE PURPOSE OF PROMOTING DIVERSIFICATION , DIRECTED TOWARDS OTHER APPROPRIATE SECTORS AND USED FOR ECONOMIC AND SOCIAL DEVELOPMENT .

ARTICLE 24

EXPORT EARNINGS TO WHICH THE STABILIZATION SYSTEM APPLIES SHALL BE THOSE ACCRUING FROM THE EXPORT BY EACH ACP STATE TO THE COMMUNITY OF EACH OF THE PRODUCTS ON THE FOLLOWING LIST , IN THE DRAWING UP OF WHICH ACCOUNT HAS BEEN TAKEN OF FACTORS SUCH AS EMPLOYMENT , DETERIORATION OF THE TERMS OF TRADE BETWEEN THE COMMUNITY AND THE ACP STATE CONCERNED AND THE LEVEL OF DEVELOPMENT OF THAT ACP STATE .

ARTICLE 25

1 . THE FOLLOWING PRODUCTS SHALL BE COVERED :

NIMEXE CODES

1 . GROUNDNUTS , SHELLED OR NOT 12.01-31 TO 12.01-35

2 . GROUNDNUT OIL 15.07-74 AND 15.07-87

3 . COCOA BEANS 18.01-00

4 . COCOA PASTE 18.03-10 TO 18.03-30

5 . COCOA BUTTER 18.04-00

6 . RAW OR ROASTED COFFEE 09.01-11 TO 09.01-17

7 . EXTRACTS , ESSENCES OR CONCENTRATES OF COFFEE 21.02-11 TO 21.02-15

8 . COTTON , NOT CARDED OR COMBED 55.01-10 TO 55.01-90

9 . COTTON LINTERS 55.02-10 TO 55.02-90

10 . COCONUTS 08.01-71 TO 08.01-75

11 . COPRA 12.01-42

12 . COCONUT OIL 15.07-29 , 15.07-77 AND 15.07-92

13 . PALM OIL 15.07-19 , 15.07-61 AND 15.07-63

14 . PALM NUT AND KERNEL OIL 15.07-31 , 15.07-78 AND 15.07-93

15 . PALM NUTS AND KERNELS 12.01-44

16 . RAW HIDES AND SKINS 41.01-11 TO 41.01-95

17 . BOVINE CATTLE LEATHER 41.02-05 TO 41.02-98

18 . SHEEP AND LAMB SKIN LEATHER 41.03-10 TO 41.03-99

19 . GOAT AND KID SKIN LEATHER 41.04-10 TO 41.04-99

20 . WOOD IN THE ROUGH 44.03-20 TO 44.03-99

21 . WOOD ROUGHLY SQUARED OR HALF-SQUARED , BUT NOT FURTHER MANUFACTURED 44.04-20 TO 44.04-98

22 . WOOD SAWN LENGTHWISE , BUT NOT FURTHER PREPARED 44.05-10 TO 44.05-79

23 . FRESH BANANAS 08.01-31

24 . TEA 09.02-10 TO 09.02-90

25 . RAW SISAL 57.04-10

26 . VANILLA 09.05-00

27 . CLOVES _ WHOLE FRUIT , CLOVES AND STEMS 09.07-00

28 . SHEEP'S OR LAMBS' WOOL , NOT CARDED OR COMBED 53.01-10 TO 53.01-40

29 . FINE ANIMAL HAIR OF ANGORA GOATS _ MOHAIR 53.02-95

30 . GUM ARABIC 13.02-91

31 . PYRETHRUM _ FLOWERS , LEAVES , STEMS , PEEL AND ROOTS ; SAPS AND EXTRACTS FROM PYRETHRUM 12.07-10 AND 13.03-15

32 . ESSENTIAL OILS , NOT TERPENELESS , OF CLOVES , OF NIAOULI AND OF YLANG-YLANG 33.01-23

33 . SESAME SEED 12.01-68

34 . CASHEW NUTS AND KERNELS 08.01-77

35 . PEPPER 09.04-11 AND 09.04-70

36 . SHRIMPS AND PRAWNS 03.03-43

37 . SQUID 03.03-68

38 . COTTON SEEDS 12.01-66

39 . OIL-CAKE 23.04-01 TO 23.04-99

40 . RUBBER 40.01-20 TO 40.01-60

41 . PEAS 07.01-41 TO 07.01-43 , 07.05-21 AND 07.05-61

42 . BEANS 07.01-45 TO 07.01-47 , 07.05-25 AND 07.05-65

43 . LENTILS 07.05-30 AND 07.05-70

44 . IRON ORE ( ORES , CONCENTRATES , AND ROASTED IRON PYRITES ) 26.01-12 TO 26.01-18

2 . EXPORTS OF IRON ORES ( ORES , CONCENTRATES , ROASTED IRON PYRITES ) FROM SITES BEING WORKED WHEN THIS CONVENTION IS SIGNED SHALL BE COVERED BY ARTICLES 23 TO 47 FOR A PERIOD LIMITED TO THE FIRST FIVE FINANCIAL YEARS OF THIS SYSTEM .

UPON EXPIRY OF THAT PERIOD , IRON ORE SHALL BE WHOLLY COVERED BY ARTICLES 49 TO 59 .

3 . UPON PRESENTATION OF EACH TRANSFER REQUEST THE ACP STATE SHALL CHOOSE BETWEEN THE FOLLOWING SYSTEMS :

( A ) EACH PRODUCT LISTED IN ARTICLE 25 ( 1 ) SHALL CONSTITUTE A PRODUCT WITHIN THE MEANING OF ARTICLES 27 , 29 , 36 , 37 , 38 , 39 , 42 , 43 AND 44 ;

( B ) PRODUCT GROUPS 1 AND 2 , 3 TO 5 , 6 AND 7 , 8 AND 9 , 10 TO 12 , 13 TO 15 , 16 TO 19 AND 20 TO 22 SHALL EACH CONSTITUTE A PRODUCT WITHIN THE MEANING OF ARTICLES 27 , 29 , 36 , 37 , 38 , 39 , 42 , 43 AND 44 .

ARTICLE 26

IF , 12 MONTHS AFTER THE ENTRY INTO FORCE OF THIS CONVENTION , ONE OR MORE PRODUCTS NOT CONTAINED IN THE LIST IN ARTICLE 25 , BUT UPON WHICH THE ECONOMIES OF ONE OR MORE ACP STATES DEPEND TO A CONSIDERABLE EXTENT , ARE AFFECTED BY SHARP FLUCTUATIONS , THE COUNCIL OF MINISTERS SHALL DECIDE , NOT LATER THAN SIX MONTHS AFTER THE PRESENTATION OF A REQUEST BY THE ACP STATE OR STATES CONCERNED , WHETHER OR NOT TO INCLUDE THE SAID PRODUCT OR PRODUCTS IN THE LIST .

ARTICLE 27

IF SO REQUESTED BY ONE OR MORE ACP STATES IN RESPECT OF ONE OR MORE OF THE PRODUCTS LISTED IN ARTICLE 25 , THE COUNCIL OF MINISTERS MAY DECIDE , ON THE BASIS OF A REPORT ESTABLISHED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , HEREINAFTER REFERRED TO AS " THE COMMISSION " , IN LIAISON WITH THE REQUESTING ACP STATE OR STATES , TO APPLY THE SYSTEM TO EXPORTS OF THE PRODUCTS IN QUESTION FROM THE SAID ACP STATE OR STATES TO OTHER ACP STATES .

ARTICLE 28

EACH ACP STATE CONCERNED SHALL CERTIFY THAT THE PRODUCTS TO WHICH THE SYSTEM APPLIES HAVE ORIGINATED IN ITS TERRITORY WITHIN THE MEANING OF ARTICLE 2 OF PROTOCOL 1 .

ARTICLE 29

THE SYSTEM SHALL APPLY TO THE EARNINGS DERIVED FROM AN ACP STATE'S EXPORTS OF THE PRODUCTS LISTED IN ARTICLE 25 IF , DURING THE YEAR PRECEDING THE YEAR OF APPLICATION , EARNINGS FROM THE EXPORT OF EACH PRODUCT TO ALL DESTINATIONS , RE-EXPORTS EXCLUDED , REPRESENTED AT LEAST 6 * 5 % OF ITS TOTAL EXPORT EARNINGS FROM THEIR GOODS . THE PERCENTAGE SHALL BE 5 % FOR SISAL .

ARTICLE 30

1 . THE SYSTEM SHALL BE IMPLEMENTED IN RESPECT OF THE PRODUCTS LISTED IN ARTICLE 25 WHERE THEY ARE :

( A ) RELEASED FOR HOME USE IN THE COMMUNITY , OR

( B ) BROUGHT UNDER THE INWARD PROCESSING ARRANGEMENTS THERE IN ORDER TO BE PROCESSED .

2 . THE STATISTICS USED TO IMPLEMENT THE SYSTEM SHALL BE :

( A ) THOSE OBTAINED BY CROSS-CHECKING COMMUNITY AND ACP STATE STATISTICS , ACCOUNT BEING TAKEN OF FOB VALUES , OR

( B ) THOSE OBTAINED BY MULTIPLYING THE UNIT VALUES FOR THE EXPORTS OF THE ACP STATE IN QUESTION , AS GIVEN IN THAT ACP STATE'S STATISTICS , BY THE QUANTITIES IMPORTED BY THE COMMUNITY , AS SHOWN IN COMMUNITY STATISTICS .

3 . WHEN SUBMITTING THE TRANSFER REQUEST FOR EACH PRODUCT , THE REQUESTING ACP STATE SHALL CHOOSE ONE OF THE TWO SYSTEMS SET OUT ABOVE .

ARTICLE 31

FOR THE PURPOSES SPECIFIED IN ARTICLE 23 , THE COMMUNITY SHALL ALLOCATE TO THE SYSTEM , FOR THE DURATION OF THIS CONVENTION , AN AMOUNT OF 550 MILLION EUA TO COVER ALL ITS COMMITMENTS UNDER THE SYSTEM . THIS AMOUNT SHALL BE MANAGED BY THE COMMISSION .

ARTICLE 32

1 . THE OVERALL AMOUNT REFERRED TO IN ARTICLE 31 SHALL BE DIVIDED INTO A NUMBER OF EQUAL ANNUAL INSTALMENTS CORRESPONDING TO THE NUMBER OF YEARS OF APPLICATION .

2 . WHATEVER BALANCE REMAINS AT THE END OF EACH OF THE FIRST FOUR YEARS OF APPLICATION OF THE CONVENTION SHALL BE CARRIED FORWARD AUTOMATICALLY TO THE FOLLOWING YEAR .

ARTICLE 33

THE RESOURCES AVAILABLE FOR EACH YEAR OF APPLICATION ARE MADE UP OF THE SUM OF THE FOLLOWING ELEMENTS :

1 . THE ANNUAL INSTALMENT , REDUCED BY ANY AMOUNTS USED UNDER ARTICLE 34 ( 1 ) ;

2 . THE SUMS CARRIED FORWARD UNDER ARTICLE 32 ( 2 ) ;

3 . THE AMOUNTS REPLENISHED UNDER ARTICLES 42 AND 43 ; SUITE DU TEXTE SOUS LE NUM.DOC : 279A1031(01).1

4 . ANY AMOUNTS MADE AVAILABLE UNDER ARTICLE 34 ( 1 ) .

ARTICLE 34

IN THE CASE OF AN INSUFFICIENCY OF FUNDS FOR A YEAR OF APPLICATION THE COUNCIL OF MINISTERS , ON THE BASIS OF A REPORT SUBMITTED TO IT BY THE COMMISSION , MAY :

1 . AUTHORIZE , FOR EACH YEAR EXCEPT THE LAST , THE USE IN ADVANCE OF A MAXIMUM OF 20 % OF THE FOLLOWING YEAR'S INSTALMENT ;

2 . REDUCE THE AMOUNT OF THE TRANSFERS TO BE MADE .

ARTICLE 35

BEFORE THE EXPIRY OF THE PERIOD REFERRED TO IN ARTICLE 31 , THE COUNCIL OF MINISTERS SHALL DECIDE ON THE USE OF ANY BALANCE REMAINING FROM THE OVERALL AMOUNT ESTABLISHED IN ARTICLE 31 , AS WELL AS ON THE CONDITIONS FOR FURTHER USE OF ANY AMOUNTS STILL TO BE REPLENISHED BY THE ACP STATES UNDER ARTICLES 42 AND 43 , FOLLOWING THE EXPIRY OF THE PERIOD REFERRED TO IN ARTICLE 31 .

ARTICLE 36

1 . IN ORDER TO IMPLEMENT THE SYSTEM A REFERENCE LEVEL SHALL BE CALCULATED FOR EACH ACP STATE AND FOR EACH PRODUCT .

2 . THIS REFERENCE LEVEL SHALL CORRESPOND TO THE AVERAGE OF EXPORT EARNINGS IN THE FOUR YEARS PRECEDING EACH YEAR OF APPLICATION .

3 . WHERE , HOWEVER , AN ACP STATE :

_ STARTS PROCESSING A PRODUCT TRADITIONALLY EXPORTED IN THE RAW STATE , OR

_ BEGINS EXPORTING A PRODUCT WHICH IT DID NOT TRADITIONALLY PRODUCE ,

THE SYSTEM MAY BE PUT INTO OPERATION ON THE BASIS OF A REFERENCE LEVEL CALCULATED ON THE THREE YEARS PRECEDING THE YEAR OF APPLICATION .

ARTICLE 37

AN ACP STATE SHALL BE ENTITLED TO REQUEST A TRANSFER IF , ON THE BASIS OF THE RESULTS OF A CALENDAR YEAR , ITS ACTUAL EARNINGS , AS DEFINED IN ARTICLE 30 , FROM ITS EXPORTS OF EACH PRODUCT TO THE COMMUNITY AND , IN THE CASES REFERRED TO IN ARTICLE 27 , TO OTHER ACP STATES OR , IN THE CASES REFERRED TO IN ARTICLE 46 ( 3 ) , TO ALL DESTINATIONS , ARE AT LEAST 6 * 5 % BELOW THE REFERENCE LEVEL .

ARTICLE 38

1 . REQUESTS FOR TRANSFERS SHALL BE INADMISSIBLE IN THE FOLLOWING CASES :

( A ) IF THE REQUEST IS PRESENTED AFTER 31 MARCH OF THE YEAR FOLLOWING THE YEAR OF APPLICATION ;

( B ) IF IT EMERGES FROM THE EXAMINATION OF THE REQUEST , TO BE UNDERTAKEN BY THE COMMISSION IN CONJUNCTION WITH THE ACP STATE CONCERNED , THAT THE FALL IN EARNINGS FROM EXPORTS TO THE COMMUNITY IS THE RESULT OF A TRADE POLICY OF THAT ACP STATE CONCERNED ADVESELY AFFECTING EXPORTS TO THE COMMUNITY IN PARTICULAR .

2 . REQUESTS FOR TRANSFERS MAY ALSO BE DECLARED INADMISSIBLE IF IT EMERGES FROM THE REQUEST , AFTER CONSULTATIONS , THAT THE REQUESTING ACP STATE HAS RECORDED EARNINGS FROM ITS EXPORTS TO ALL DESTINATIONS DURING THE YEAR OF APPLICATION IN EXCESS OF THE AVERAGE OF ITS EXPORT EARNINGS TO ALL DESTINATIONS IN THE FOUR YEARS PRECEDING THE YEAR OF APPLICATION FOR EACH PRODUCT FOR WHICH A REQUEST HAS BEEN MADE .

ARTICLE 39

1 . EVERY REQUEST FOR TRANSFER SHALL BE ADDRESSED TO THE COMMISSION , WHICH SHALL EXAMINE IT IN CONJUNCTION WITH THE ACP STATE CONCERNED .

2 . THE DIFFERENCE BETWEEN THE REFERENCE LEVEL AND ACTUAL EARNINGS , PLUS 1 % FOR STATISTICAL ERRORS AND OMISSIONS , SHALL CONSTITUTE THE BASIS OF THE TRANSFER .

3 . SHOULD EXAMINATION OF THE TREND OF THE REQUESTING ACP STATE'S EXPORTS TO ALL DESTINATIONS AND OF THE PRODUCTION OF THE PRODUCT IN QUESTION AND OF DEMAND IN THE COMMUNITY REVEAL SIGNIFICANT CHANGES , CONSULTATIONS SHALL TAKE PLACE BETWEEN THE COMMISSION AND THE REQUESTING STATE TO DETERMINE WHETHER THOSE CHANGES ARE SUCH AS TO AFFECT THE AMOUNT OF THE TRANSFER , AND IF SO TO WHAT EXTENT .

ARTICLE 40

1 . THE COMMISSION SHALL ADOPT A TRANSFER DECISION ON COMPLETION OF THE EXAMINATION CARRIED OUT IN CONJUNCTION WITH THE REQUESTING ACP STATE .

2 . FOR EACH TRANSFER A TRANSFER AGREEMENT SHALL BE CONCLUDED BETWEEN THE COMMISSION AND THE ACP STATE CONCERNED .

3 . THE COMMISSION AND THE ACP STATE CONCERNED SHALL TAKE SUCH STEPS AS ARE REQUIRED TO ENSURE THAT TRANSFERS ARE MADE RAPIDLY . TO THAT END , PROVISION SHALL BE MADE FOR THE PAYMENT OF ADVANCES .

4 . THE AMOUNTS TRANSFERRED SHALL NOT BEAR INTEREST .

ARTICLE 41

1 . THE RECIPIENT ACP STATE SHALL DECIDE HOW THE RESOURCES WILL BE USED , SUBJECT TO COMPLIANCE WITH THE OBJECTIVES LAID DOWN IN ARTICLE 23 .

2 . DURING THE EXAMINATION OF THE REQUEST , AND IN ANY CASE BEFORE THE TRANSFER AGREEMENT IS SIGNED , THE REQUESTING ACP STATE SHALL GIVE THE COMMISSION SOME INDICATION OF THE PROBABLE USE TO WHICH THE TRANSFER WILL BE PUT .

3 . WITHIN THE 12 MONTHS FOLLOWING THE SIGNING OF THE TRANSFER AGREEMENT THE RECIPIENT ACP STATE SHALL INFORM THE COMMISSION OF THE USE TO WHICH THE FUNDS TRANSFERRED HAVE BEEN PUT .

ARTICLE 42

SUBJECT TO THE PROVISIONS OF ARTICLE 46 ( 1 ) ( C ) , ACP STATES WHICH HAVE RECEIVED TRANSFERS SHALL , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 43 , CONTRIBUTE DURING THE SEVEN YEARS FOLLOWING THE YEAR IN WHICH THE TRANSFER WAS PAID , TO THE REPLENISHMENT OF THE RESOURCES MADE AVAILABLE FOR THE SYSTEM BY THE COMMUNITY .

ARTICLE 43

1 . WHERE THE TREND OF THE EXPORT EARNINGS DERIVED FROM THE PRODUCT WHICH SUSTAINED THE DROP IN EXPORT EARNINGS THAT GAVE RISE TO THE TRANSFER SO PERMITS , THE ACP STATE CONCERNED SHALL HELP REPLENISH THE RESOURCES OF THE SYSTEM .

2 . FOR THE PURPOSES OF PARAGRAPH 1 , THE COMMISSION SHALL DETERMINE :

_ AT THE BEGINNING OF EACH YEAR DURING THE SEVEN YEARS FOLLOWING THE YEAR DURING WHICH THE TRANSFER WAS PAID ,

_ UNTIL SUCH TIME AS THE WHOLE AMOUNT OF THE TRANSFER HAS BEEN PAID BACK INTO THE SYSTEM ,

_ IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 30 ,

WHETHER , FOR THE PRECEDING YEAR :

( A ) THE UNIT VALUE OF THE PRODUCT UNDER CONSIDERATION EXPORTED TO THE COMMUNITY WAS HIGHER THAN THE AVERAGE UNIT VALUE DURING THE FOUR YEARS PRIOR TO THE PRECEDING YEAR ;

( B ) THE QUANTITY OF THE SAME PRODUCT ACTUALLY EXPORTED TO THE COMMUNITY WAS AT LEAST EQUAL TO THE AVERAGE OF THE QUANTITIES EXPORTED TO THE COMMUNITY DURING THE FOUR YEARS PRIOR TO THE PRECEDING YEAR ;

( C ) THE EARNINGS FOR THE YEAR AND THE PRODUCT IN QUESTION AMOUNT TO AT LEAST 106 * 5 % OF THE AVERAGE OF EARNINGS FROM EXPORTS TO THE COMMUNITY DURING THE FOUR YEARS PRIOR TO THE PRECEDING YEAR .

3 . IF THE THREE CONDITIONS SET OUT IN PARAGRAPH 2 ARE FULFILLED SIMULTANEOUSLY , THE ACP STATE SHALL CONTRIBUTE TO THE SYSTEM AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE ACTUAL EARNINGS DERIVED IN THE PRECEDING YEAR FROM EXPORTS TO THE COMMUNITY AND THE AVERAGE OF EARNINGS FROM EXPORTS TO THE COMMUNITY DURING THE FOUR YEARS PRIOR TO THE PRECEDING YEAR , BUT IN NO CASE SHALL THE AMOUNT OF THE CONTRIBUTION TOWARDS THE REPLENISHMENT OF THE RESOURCES OF THE SYSTEM EXCEED THE TRANSFER IN QUESTION .

4 . THIS AMOUNT SHALL BE CONTRIBUTED TO THE SYSTEM AT THE RATE OF ONE FIFTH PER YEAR AFTER A PERIOD OF DEFERMENT OF TWO YEARS BEGINNING IN THE YEAR DURING WHICH THE OBLIGATION TO CONTRIBUTE TOWARDS REPLENISHMENT WAS ESTABLISHED .

5 . SHOULD EXAMINATION OF THE TREND OF EXPORTS TO ALL DESTINATIONS AND OF PRODUCTION OF THE PRODUCT IN QUESTION IN THE ACP STATE CONCERNED AS WELL AS OF DEMAND IN THE COMMUNITY REVEAL SIGNIFICANT CHANGES , CONSULTATIONS SHALL BE HELD BETWEEN THE COMMISSION AND THE ACP STATE CONCERNED IN ORDER TO ESTABLISH WHETHER THESE CHANGES ARE SUCH AS TO JUSTIFY A CONTRIBUTION TO THE REPLENISHMENT OF THE RESOURCES OF THE SYSTEM , AND IF SO TO WHAT EXTENT .

WHERE SUCH JUSTIFICATION EXISTS , THE ACP STATE SHALL CONTRIBUTE TO THE SYSTEM , UNDER THE CONDITIONS SET OUT IN PARAGRAPH 4 , THE AMOUNT DETERMINED IN THE CONSULTATIONS .

6 . ON THE BASIS OF DECISIONS TAKEN BY THE COUNCIL OF MINISTERS PURSUANT TO ARTICLE 27 , EXPORTS TO OTHER ACP STATES SHALL BE ADDED TO THE EXPORTS TO THE COMMUNITY REFERRED TO IN THIS ARTICLE .

ARTICLE 44

IF , ON EXPIRY OF THE SEVEN-YEAR PERIOD REFERRED TO IN ARTICLE 42 , THE RESOURCES HAVE NOT BEEN FULLY REPLENISHED , THE COUNCIL OF MINISTERS , TAKING INTO CONSIDERATION IN PARTICULAR THE SITUATION OF AND PROSPECTS FOR THE BALANCE OF PAYMENTS , EXCHANGE RESERVES AND FOREIGN INDEBTEDNESS OF THE ACP STATE CONCERNED , MAY DECIDE THAT :

_ THE SUMS OUTSTANDING ARE TO BE REPLENISHED WHOLLY OR PARTIALLY , IN ONE OR MORE INSTALMENTS ,

_ RIGHTS TO REPAYMENT ARE TO BE WAIVED .

ARTICLE 45

1 . IN ORDER TO ENSURE THAT THE STABILIZATION SYSTEM FUNCTIONS EFFICIENTLY AND RAPIDLY , STATISTICAL AND CUSTOMS COOPERATION SHALL BE INSTITUTED BETWEEN EACH ACP STATE AND THE COMMISSION .

2 . THE ACP STATES AND THE COMMISSION SHALL ADOPT BY MUTUAL AGREEMENT ANY MEASURES FACILITATING INTER ALIA THE EXCHANGE OF NECESSARY INFORMATION , THE SUBMISSION OF REQUESTS FOR TRANSFERS , THE PROVISION OF INFORMATION CONCERNING THE USE OF TRANSFERS , THE IMPLEMENTATION OF THE REPLENISHMENT PROVISIONS AND OF ANY OTHER ASPECT OF THE SYSTEM BY MEANS OF THE WIDEST POSSIBLE USE OF STANDARD FORMS .

ARTICLE 46

1 . FOR THE ACP STATE LISTED IN ARTICLE 155 ( 3 ) ( A ) :

( A ) THE PERCENTAGE FIXED IN ARTICLE 29 SHALL BE 2 % ;

( B ) THE PERCENTAGE FIXED IN ARTICLE 37 SHALL BE 2 % ;

( C ) NO CONTRIBUTION SHALL BE REQUIRED TOWARDS THE REPLENISHMENT OF THE RESOURCES MADE AVAILABLE TO THE SYSTEM .

2 . IN THE APPLICATION OF ARTICLES 24 , 34 AND 37 THE SPECIAL DIFFICULTIES OF THE ACP STATES REFERRED TO ABOVE SHALL BE TAKEN INTO ACCOUNT .

3 . IN THE CASE OF CERTAIN ACP STATES WHICH DO NOT SEND THE BULK OF THEIR EXPORTS TO THE COMMUNITY , THE COUNCIL OF MINISTERS MAY DECIDE , BY WAY OF DEROGATION FROM ARTICLES 24 AND 30 , THAT THE SYSTEM SHALL APPLY TO THEIR EXPORTS OF THE PRODUCTS IN QUESTION WHATEVER THEIR DESTINATION . THE SYSTEM SHALL THEN OPERATE ON THE BASIS OF THE EXPORT STATISTICS OF THE ACP STATE IN QUESTION .

ARTICLE 47

1 . FOR THE ACP STATES LISTED IN ARTICLE 155 ( 3 ) ( B ) AND ( C ) :

( A ) THE PERCENTAGE FIXED IN ARTICLE 29 SHALL BE 2 % ;

( B ) THE PERCENTAGE FIXED IN ARTICLE 37 SHALL BE 2 % .

2 . IN THE APPLICATION OF ARTICLE 24 THE SPECIAL DIFFICULTIES OF THE ABOVE ACP STATES SHALL BE TAKEN INTO ACCOUNT .

CHAPTER 2

SPECIAL UNDERTAKINGS ON SUGAR

ARTICLE 48

1 . IN ACCORDANCE WITH ARTICLE 25 OF THE ACP-EEC CONVENTION OF LOME AND WITH PROTOCOL 3 ANNEXED TO THAT CONVENTION , THE COMMUNITY HAS UNDERTAKEN FOR AN INDEFINITE PERIOD , NOTWITHSTANDING THE OTHER PROVISIONS OF THIS CONVENTION , 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 ARTICLE 25 OF THE ACP-EEC CONVENTION OF LOME HAVE BEEN LAID DOWN BY PROTOCOL 3 REFERRED TO IN PARAGRAPH 1 . THE TEXT OF THIS PROTOCOL IS ANNEXED TO THIS CONVENTION AS PROTOCOL 7 .

3 . THE PROVISIONS OF ARTICLE 12 OF THIS CONVENTION SHALL NOT APPLY WITHIN THE FRAMEWORK OF THE SAID PROTOCOL .

4 . FOR THE PURPOSE OF ARTICLE 8 OF THE SAID PROTOCOL , THE INSTITUTIONS ESTABLISHED BY THE CONVENTION MAY BE USED DURING THE PERIOD OF APPLICATION OF THIS CONVENTION .

5 . THE PROVISIONS OF ARTICLE 8 ( 2 ) OF THE SAID PROTOCOL SHALL APPLY IN THE EVENT OF THIS CONVENTION CEASING TO BE OPERATIVE .

6 . THE DECLARATIONS CONTAINED IN ANNEXES XIII , XXI AND XXII OF THE FINAL ACT OF THE ACP-EEC CONVENTION OF LOME ARE REAFFIRMED AND THEIR PROVISIONS SHALL CONTINUE TO APPLY . THESE DECLARATIONS ARE ANNEXED AS SUCH TO THIS CONVENTION .

7 . THIS ARTICLE AND THE PROTOCOL 3 REFERRED TO IN PARAGRAPH 1 SHALL NOT APPLY TO RELATIONS BETWEEN THE ACP STATES AND THE FRENCH OVERSEAS DEPARTMENTS .

TITLE III

MINERAL PRODUCTS

CHAPTER 1

PROJECT AND PROGRAMME AID

ARTICLE 49

WITH A VIEW TO CONTRIBUTING TOWARDS THE CREATION OF A MORE SOLID BASIS FOR THE DEVELOPMENT OF THE ACP STATES WHOSE ECONOMIES ARE LARGELY DEPENDENT ON THE MINING SECTORS AND IN PARTICULAR TOWARDS HELPING THEM COPE WITH A DECLINE IN THEIR CAPACITY TO EXPORT MINING PRODUCTS TO THE COMMUNITY AND THE CORRESPONDING DECLINE IN THEIR EXPORT EARNINGS , A SYSTEM SHALL BE ESTABLISHED TO ASSIST THESE STATES IN THEIR EFFORTS TO REMEDY THE HARMFUL EFFECTS ON THEIR INCOME OF SERIOUS TEMPORARY DISRUPTIONS AFFECTING THOSE MINING SECTORS AND BEYOND THE CONTROL OF THE ACP STATES CONCERNED .

ARTICLE 50

1 . THE SYSTEM LAID DOWN IN ARTICLE 49 SHALL APPLY TO THE FOLLOWING PRODUCTS :

_ COPPER , INCLUDING ASSOCIATED PRODUCTION OF COBALT ,

_ PHOSPHATES ,

_ MANGANESE ,

_ BAUXITE AND ALUMINA ,

_ TIN ,

_ ROASTED IRON PYRITES AND IRON ORE , WHETHER OR NOT IN AGGLOMERATE FORM ( INCLUDING PELLETS ) , EXCLUDING , DURING THE PERIOD MENTIONED IN ARTICLE 25 ( 2 ) , THE CASES REFERRED TO IN THAT ARTICLE .

2 . IF , NOT SOONER THAN 12 MONTHS FOLLOWING THE ENTRY INTO FORCE OF THIS CONVENTION , ONE OR MORE PRODUCTS NOT CONTAINED IN THE ABOVE LIST , BUT UPON WHICH THE ECONOMIES OF ONE OR MORE ACP STATES DEPEND TO A CONSIDERABLE EXTENT , ARE AFFECTED BY SERIOUS DISTURBANCE , THE COUNCIL OF MINISTERS SHALL DECIDE , NOT LATER THAN SIX MONTHS AFTER THE PRESENTATION OF A REQUEST BY THE ACP STATE OR STATES CONCERNED , WHETHER OR NOT TO INCLUDE THE SAID PRODUCT OR PRODUCTS IN THE LIST .

ARTICLE 51

1 . FOR THE PURPOSE SPECIFIED IN ARTICLE 49 , AND FOR THE PERIOD OF APPLICATION OF THIS CONVENTION , A SPECIAL FINANCING FACILITY SHALL BE SET UP TO WHICH THE COMMUNITY SHALL ALLOCATE AN OVERALL AMOUNT OF 280 MILLION EUA TO COVER ALL ITS COMMITMENTS UNDER THIS SYSTEM .

( A ) THIS AMOUNT SHALL BE MANAGED BY THE COMMISSION .

( B ) THIS OVERALL AMOUNT SHALL BE DIVIDED INTO A NUMBER OF EQUAL ANNUAL INSTALMENTS CORRESPONDING TO THE NUMBER OF YEARS OF APPLICATION . EACH YEAR , EXCEPT THE LAST , THE COUNCIL OF MINISTERS , ON THE BASIS OF A REPORT SUBMITTED TO IT BY THE COMMISSION , MAY AUTHORIZE , WHERE REQUIRED , A MAXIMUM OF 50 % OF THE FOLLOWING YEAR'S INSTALMENT TO BE USED IN ADVANCE .

( C ) WHATEVER BALANCE REMAINS AT THE END OF EACH YEAR OF APPLICATION OF THIS CONVENTION , EXCEPT THE LAST , SHALL BE CARRIED OVER AUTOMATICALLY TO THE FOLLOWING YEAR .

( D ) IF THE RESOURCES AVAILABLE FOR ANY YEAR OF APPLICATION ARE INSUFFICIENT , THE AMOUNTS DUE SHALL BE REDUCED ACCORDINGLY .

( E ) THE RESOURCES AVAILABLE FOR EACH YEAR OF APPLICATION SHALL BE MADE UP OF THE FOLLOWING ELEMENTS :

_ THE ANNUAL INSTALMENT , REDUCED BY ANY AMOUNTS USED UNDER ( B ) ABOVE ,

_ THE SUMS CARRIED OVER UNDER ( C ) ABOVE .

2 . BEFORE THE EXPIRY OF THE PERIOD REFERRED TO IN ARTICLE 188 , THE COUNCIL OF MINISTERS SHALL DECIDE ON THE ALLOCATION OF ANY BALANCES REMAINING FROM THE OVERALL AMOUNT REFERRED TO IN THIS ARTICLE .

ARTICLE 52

1 . POSSIBLE RECOURSE TO THE MEANS OF FINANCING AVAILABLE UNDER THE SPECIAL FACILITY PROVIDED FOR IN ARTICLE 51 SHALL BE OPEN TO THE COUNTRIES ELIGIBLE UNDER ARTICLE 53 WHEN , FOR A PRODUCT COVERED BY ARTICLE 50 AND EXPORTED TO THE COMMUNITY , A SUBSTANTIAL FALL IS RECORDED , OR CAN BE EXPECTED OVER THE FOLLOWING MONTHS , IN THEIR CAPACITY TO PRODUCE , OR TO EXPORT , OR IN THEIR EXPORT EARNINGS TO SUCH AN EXTENT AS TO SERIOUSLY AFFECT THE DEVELOPMENT POLICY OF THE ACP STATE CONCERNED BY SERIOUSLY COMPROMISING THE PROFITABILITY OF AN OTHERWISE VIABLE AND ECONOMIC LINE OF PRODUCTION , THUS PREVENTING IT FROM RENEWING AT A NORMAL RATE OR MAINTAINING THE PRODUCTION PLANT OR EXPORT CAPACITY .

2 . THE POSSIBLE RECOURSE REFERRED TO ABOVE SHALL ALSO BE AVAILABLE WHEN A SUBSTANTIAL FALL IN THE PRODUCTION OR EXPORT CAPACITY IS EXPERIENCED , OR IS FORESEEN , OWING TO ACCIDENTS AND SERIOUS TECHNICAL MISHAPS OR GRAVE POLITICAL EVENTS , WHETHER INTERNAL OR EXTERNAL .

3 . A SUBSTANTIAL FALL IN PRODUCTION OR EXPORT CAPACITY SHALL BE TAKEN TO MEAN 10 % .

ARTICLE 53

1 . AN ACP STATE WHICH , DURING THE PRECEDING FOUR YEARS , HAS , AS A GENERAL RULE , DERIVED AT LEAST 15 % OF ITS EXPORT EARNINGS FROM A PRODUCT COVERED BY ARTICLE 50 MAY APPLY FOR FINANCIAL AID FROM THE RESOURCES ALLOCATED TO THE SPECIAL FINANCING FACILITY IF THE CONDITIONS LAID DOWN IN ARTICLE 52 ARE FULFILLED .

2 . HOWEVER , FOR THE STATES LISTED IN ARTICLE 155 ( 3 ) , THE FIGURE STIPULATED IN THE FIRST PARAGRAPH SHALL BE 10 % .

3 . THE APPLICATION FOR AID SHALL BE MADE TO THE COMMISSION , WHICH SHALL EXAMINE IT IN CONJUNCTION WITH THE ACP STATE CONCERNED . THE FACT THAT THE CONDITIONS HAVE BEEN FULFILLED SHALL BE ESTABLISHED BY COMMON ACCORD BETWEEN THE COMMUNITY AND THE ACP STATE . NOTIFICATION THEREOF BY THE COMMISSION TO THE ACP STATE SHALL ENTITLE THE LATTER TO COMMUNITY AID FROM THE SPECIAL FINANCING FACILITY .

ARTICLE 54

1 . THE AID REFERRED TO IN ARTICLE 53 SHALL BE DIRECTED TO THE OBJECTIVES DEFINED IN ARTICLE 49 .

2 . THE AMOUNT OF THIS AID TO FINANCE PROJECTS OR PROGRAMMES SHALL BE DETERMINED BY THE COMMISSION IN THE LIGHT OF THE FUNDS AVAILABLE UNDER THE SPECIAL FINANCING FACILITY , THE NATURE OF THE PROJECTS OR PROGRAMMES PROPOSED BY THE ACP STATES CONCERNED AND THE POSSIBILITIES FOR CO-FINANCING . IN DETERMINING THE AMOUNT , ACCOUNT SHALL BE TAKEN OF THE SCALE OF THE REDUCTION IN PRODUCTION OR EXPORT CAPACITY AND OF THE LOSSES OF EARNINGS SUFFERED BY THE ACP STATES AND CORRESPONDING TO THOSE IDENTIFIED IN ARTICLE 52 .

3 . UNDER NO CIRCUMSTANCES MAY A SINGLE ACP STATE BE ELIGIBLE FOR MORE THAN 50 % OF THE FUNDS AVAILABLE UNDER AN ANNUAL INSTALMENT .

4 . THE PROCEDURES APPLICABLE TO ASSISTANCE IN THE ABOVE CIRCUMSTANCES AND THE IMPLEMENTING ARRANGEMENTS SHALL BE AS PROVIDED FOR UNDER TITLE VII ; THEY SHALL TAKE ACCOUNT OF THE NEED FOR RAPID IMPLEMENTATION OF THE AID .

ARTICLE 55

1 . TO PERMIT THE IMPLEMENTATION OF PRECAUTIONARY MEASURES TO HALT DETERIORATION OF PRODUCTION PLANT DURING THE APPRAISAL OR IMPLEMENTATION OF THESE PROJECTS OR PROGRAMMES , THE COMMUNITY MAY GRANT AN ADVANCE TO ANY ACP STATE WHICH SO REQUESTS . THIS POSSIBILITY SHALL NOT EXCLUDE RECOURSE BY THE ACP STATE CONCERNED TO THE EMERGENCY AID PROVIDED FOR IN ARTICLE 137 .

2 . SINCE AN ADVANCE IS GRANTED AS A MEANS OF PRE-FINANCING PROJECTS OR PROGRAMMES , WHICH IT PRECEDES OR TO WHICH IT IS PREPARATORY , ACCOUNT SHALL BE TAKEN OF THE IMPORTANCE AND NATURE OF THOSE PROJECTS OR PROGRAMMES WHEN THE AMOUNT OF ADVANCE IS FIXED .

3 . THE ADVANCE SHALL TAKE THE FORM OF SUPPLIES OR OF THE PROVISION OF SERVICES , OR OF CASH PAYMENTS IF THIS ARRANGEMENT IS CONSIDERED MORE APPROPRIATE .

4 . IT SHALL BE INCORPORATED IN THE AMOUNT EARMARKED FOR COMMUNITY OPERATIONS IN THE FORM OF PROJECTS OR PROGRAMMES AT THE TIME WHEN THE FINANCING AGREEMENT RELATING TO SUCH OPERATIONS IS SIGNED .

ARTICLE 56

AID GRANTED FROM THE SPECIAL FINANCING FACILITY SHALL BE REIMBURSED ON THE SAME TERMS AND CONDITIONS AS SPECIAL LOANS , ACCOUNT BEING TAKEN OF THE PROVISIONS ADOPTED IN FAVOUR OF THE STATES LISTED IN ARTICLE 155 ( 3 ) .

CHAPTER 2

DEVELOPMENT OF THE MINING AND ENERGY POTENTIAL OF THE ACP STATES

ARTICLE 57

THE COMMUNITY SHALL BE PREPARED TO GIVE ITS TECHNICAL AND FINANCIAL ASSISTANCE TO HELP WITH THE EXPLOITATION OF THE ACP STATES' MINING AND ENERGY POTENTIAL IN ACCORDANCE WITH THE PROCEDURES PECULIAR TO EACH OF THE INSTRUMENTS AT ITS DISPOSAL AND ACCORDING TO THE PROVISIONS OF THIS CONVENTION .

ARTICLE 58

AT THE REQUEST OF ONE OR MORE ACP STATES THE COMMUNITY WILL CARRY OUT TECHNICAL ASSISTANCE ACTIVITIES TO STRENGTHEN THEIR SCIENTIFIC AND TECHNICAL CAPACITY IN THE FIELDS OF GEOLOGY AND MINING IN ORDER THAT THEY MAY DERIVE GREATER BENEFIT FROM AVAILABLE KNOW-HOW AND DIRECT THEIR RESEARCH AND EXPLORATION PROGRAMMES ACCORDINGLY .

WHERE APPROPRIATE , THE COMMUNITY WILL ALSO GIVE ITS TECHNICAL AND FINANCIAL ASSISTANCE TO THE ESTABLISHMENT OF NATIONAL OR REGIONAL EXPLORATION FUNDS IN THE ACP STATES .

IN THE SPHERE OF RESEARCH AND INVESTMENT PREPARATORY TO THE LAUNCHING OF MINING AND ENERGY PROJECTS , THE COMMUNITY MAY GIVE ASSISTANCE IN THE FORM OF RISK CAPITAL , POSSIBLY IN CONJUNCTION WITH CONTRIBUTIONS OF CAPITAL FROM THE ACP STATES CONCERNED AND OTHER SOURCES OF FINANCING IN ACCORDANCE WITH THE PROCEDURES LAID DOWN IN ARTICLE 105 .

ARTICLE 59

THE EUROPEAN INVESTMENT BANK , HEREINAFTER CALLED " THE BANK " MAY , IN ACCORDANCE WITH ITS STATUTE , COMMIT ITS OWN RESOURCES ON A CASE-BY-CASE BASIS BEYOND THE AMOUNT FIXED IN ARTICLE 95 IN MINING INVESTMENT PROJECTS AND ENERGY INVESTMENT PROJECTS RECOGNIZED BY THE ACP STATE CONCERNED AND BY THE COMMUNITY AS BEING OF MUTUAL INTEREST .

TITLE IV

INVESTMENTS

ARTICLE 60

THE COMMUNITY AND THE MEMBER STATES SHALL ENDEAVOUR TO IMPLEMENT MEASURES TO ENCOURAGE THEIR ECONOMIC OPERATORS TO PARTICIPATE IN THE INDUSTRIAL DEVELOPMENT EFFORTS OF THE ACP STATES , AND SHALL ENCOURAGE SUCH ECONOMIC OPERATORS TO COMPLY WITH THE DEVELOPMENT OBJECTIVES AND PRIORITIES AND THE APPROPRIATE LAWS AND REGULATIONS OF THE ACP STATES .

ARTICLE 61

EACH ACP STATE SHALL TAKE SUCH STEPS AS ARE NECESSARY TO PROMOTE EFFECTIVE COOPERATION WITHIN THE FRAMEWORK OF THIS TITLE WITH THE COMMUNITY AND THE MEMBER STATES OR WITH ECONOMIC OPERATORS OR NATIONALS OF MEMBER STATES WHO COMPLY WITH THE DEVELOPMENT OBJECTIVES AND PRIORITIES OF THE HOST ACP STATE .

ARTICLE 62

EACH ACP STATE SHALL ENDEAVOUR TO GIVE AS CLEAR AN INDICATION AS POSSIBLE OF ITS PRIORITY AREAS FOR INDUSTRIAL COOPERATION AND THE FORM IT WOULD LIKE SUCH COOPERATION TO TAKE .

ARTICLE 63

THE CONTRACTING PARTIES RECOGNIZE THE IMPORTANCE OF INVESTMENT FOR THE PROMOTION OF THEIR DEVELOPMENT COOPERATION AND ACKNOWLEDGE IN THIS RESPECT THE NEED TO TAKE SUCH STEPS AS WOULD PROMOTE SUCH INVESTMENT IN AREAS CONSIDERED MUTUALLY DESIRABLE .

ARTICLE 64

THE CONTRACTING PARTIES AGREE THAT THE TREATMENT OF INVESTMENT COMING FROM MEMBER STATES TO THE ACP STATES SHALL BE GOVERNED BY THE PROVISIONS OF THE JOINT DECLARATION CONTAINED IN ANNEX IX OF THE FINAL ACT .

TITLE V

INDUSTRIAL COOPERATION

ARTICLE 65

THE COMMUNITY AND THE ACP STATES , ACKNOWLEDGING THE PRESSING NEED TO PROMOTE THE INDUSTRIAL DEVELOPMENT OF THE ACP STATES , AGREE TO TAKE ALL MEASURES NECESSARY TO BRING ABOUT EFFECTIVE INDUSTRIAL COOPERATION .

ARTICLE 66

INDUSTRIAL COOPERATION BETWEEN THE COMMUNITY AND THE ACP STATES SHALL HAVE THE FOLLOWING OBJECTIVES :

( A ) TO PROMOTE NEW RELATIONS OF DYNAMIC COMPLEMENTARITY IN THE INDUSTRIAL FIELD BETWEEN THE COMMUNITY AND THE ACP STATES , NOTABLY BY ESTABLISHING NEW INDUSTRIAL AND TRADE LINKS BETWEEN THE INDUSTRIES OF THE COMMUNITY AND THOSE OF THE ACP STATES ;

( B ) TO PROMOTE DEVELOPMENT AND DIVERSIFICATION OF ALL TYPES OF INDUSTRY IN THE ACP STATES AND TO FOSTER IN THIS RESPECT COOPERATION AT BOTH REGIONAL AND INTER-REGIONAL LEVELS ;

( C ) TO PROMOTE THE ESTABLISHMENT OF INTEGRAL INDUSTRIES CAPABLE OF CREATING LINKS BETWEEN VARIOUS INDUSTRIAL SECTORS IN THE ACP STATES IN ORDER TO PROVIDE THOSE STATES WITH THE BASIS ON WHICH THE BUILD-UP OF THEIR TECHNOLOGY WILL PRINCIPALLY RELY ;

( D ) TO ENCOURAGE THE COMPLEMENTARITY BETWEEN INDUSTRY AND OTHER SECTORS OF THE ECONOMY , IN PARTICULAR AGRICULTURE , BY DEVELOPING AGRO-ALLIED INDUSTRIES IN ORDER TO SLOW DOWN THE RURAL EXODUS , STIMULATE FOOD AND OTHER PRODUCTION ACTIVITIES AS WELL AS TO PROMOTE THE ESTABLISHMENT OF FURTHER NATURAL RESOURCE-BASED INDUSTRIES ;

( E ) TO FACILITATE THE TRANSFER OF TECHNOLOGY AND TO PROMOTE THE ADAPTATION OF SUCH TECHNOLOGY TO THE SPECIFIC CONDITIONS AND NEEDS OF THE ACP STATES , AND TO HELP THE ACP STATES TO IDENTIFY , EVALUATE AND SELECT TECHNOLOGIES REQUIRED FOR THEIR DEVELOPMENT AND TO DEVELOP THEIR EFFORTS TO INCREASE THEIR CAPACITY IN APPLIED RESEARCH FOR ADAPTATION OF TECHNOLOGY , AND FOR TRAINING IN INDUSTRIAL SKILLS AT ALL LEVELS ;

( F ) TO FOSTER THE PARTICIPATION OF NATIONALS OF ACP STATES IN ALL THE TYPES OF INDUSTRY THAT ARE BEING DEVELOPED IN THEIR COUNTRIES ;

( G ) TO CONTRIBUTE AS FAR AS POSSIBLE TO THE CREATION OF JOBS FOR NATIONALS OF THE ACP STATES , TO THE SUPPLY OF NATIONAL AND EXTERNAL MARKETS AND TO THE PROCUREMENT OF FOREIGN EXCHANGE EARNINGS FOR THOSE STATES ;

( H ) TO FACILITATE THE OVERALL INDUSTRIAL DEVELOPMENT OF THE ACP STATES , IN PARTICULAR THEIR PRODUCTION OF MANUFACTURED GOODS , BY TAKING DUE ACCOUNT OF THEIR SPECIFIC NEEDS IN THE FORMULATION OF POLICIES DESIGNED TO ADJUST THE INDUSTRIAL STRUCTURES OF THE COMMUNITY TO CHANGES OCCURRING AT THE WORLD LEVEL ;

( I ) TO ENCOURAGE THE ESTABLISHMENT IN THE ACP STATES OF JOINT ACP-EEC INDUSTRIAL VENTURES ;

( J ) TO ENCOURAGE AND PROMOTE THE ESTABLISHMENT AND REINFORCEMENT OF INDUSTRIAL , BUSINESS AND TRADE ASSOCIATIONS IN THE ACP STATES WHICH WOULD CONTRIBUTE TO THE FULL UTILIZATION OF THE INTERNAL RESOURCES OF THOSE STATES WITH A VIEW TO DEVELOPING THEIR NATIONAL INDUSTRIES ;

( K ) TO ASSIST IN THE ESTABLISHMENT AND OPERATION OF INSTITUTIONS IN THE ACP STATES FOR THE PROVISION OF REGULATORY AND ADVISORY SERVICES TO INDUSTRY ;

( L ) TO STRENGTHEN THE EXISTING FINANCIAL INSTITUTIONS AND BRING ABOUT CONDITIONS FAVOURABLE TO CAPITAL BORROWING FOR THE STIMULATION OF THE GROWTH AND DEVELOPMENT OF INDUSTRIES IN ACP STATES , INCLUDING THE PROMOTION OF THE BASIC RURAL SMALL - AND MEDIUM-SCALE AND LABOUR-INTENSIVE INDUSTRIES .

ARTICLE 67

IN ORDER TO ATTAIN THE OBJECTIVES SET OUT IN ARTICLE 66 THE COMMUNITY SHALL HELP TO CARRY OUT , BY ALL THE MEANS PROVIDED FOR IN THE CONVENTION , PROGRAMMES , PROJECTS AND SCHEMES SUBMITTED TO IT ON THE INITIATIVE OR WITH THE AGREEMENT OF THE ACP STATES IN THE FIELDS OF INDUSTRIAL TRAINING , SMALL - AND MEDIUM-SIZED INDUSTRIES , LOCAL PROCESSING OF ACP RAW MATERIALS , TECHNOLOGY COOPERATION , INDUSTRIAL INFRASTRUCTURES , TRADE PROMOTION , ENERGY COOPERATION AND INDUSTRIAL INFORMATION AND PROMOTION .

ARTICLE 68

THE COMMUNITY SHALL PROVIDE BY ALL THE MEANS AVAILABLE UNDER FINANCIAL AND TECHNICAL COOPERATION NECESSARY ASSISTANCE IN THE FIELD OF INDUSTRIAL TRAINING INCLUDING THAT RELATED TO INDUSTRIAL INVESTMENTS , IN PARTICULAR OF THE COMMUNITY AND ITS MEMBER STATES WITH A VIEW TO ENABLING ACP STATES TO ACQUIRE , DEVELOP AND ADAPT TECHNOLOGICAL SKILLS THAT ARE ESSENTIAL TO THEIR INDUSTRIAL GROWTH AND TO THE IMPROVEMENT OF THE QUALITY OF LIFE OF THEIR PEOPLES .

TO THIS END THE COMMUNITY SHALL , ON THE BASIS OF REQUESTS OF ACP STATES , PROVIDE EFFECTIVE ASSISTANCE IN THE EVALUATION OF NEEDS AND THE EXECUTION OF APPROPRIATE SCHEMES SUCH AS :

( A ) THE POSTING OF NATIONALS OF ACP STATES IN TECHNICAL INSTITUTIONS AND OTHER APPROPRIATE INSTITUTES OF HIGHER LEARNING ;

( B ) THE SETTING-UP AND OPERATION AT NATIONAL OR REGIONAL LEVEL OF ACP TRAINING AND RESEARCH INSTITUTES OR CENTRES ;

( C ) THE ESTABLISHMENT AND IMPLEMENTATION OF PROGRAMMES INVOLVING SPECIALIZED INDUSTRIAL TRAINING FOR ACP NATIONALS AT ALL LEVELS AND THE ORGANIZATION OF PRACTICAL TRAINING COURSES AND ATTACHMENTS IN UNDERTAKINGS AND INDUSTRIES BOTH IN THE COMMUNITY AND IN THE ACP STATES ;

( D ) THE ESTABLISHMENT AND PROMOTION OF ACTIVITIES AIMED AT THE CONSOLIDATION OF APPROPRIATE INDIGENOUS TECHNOLOGIES AND THE ACQUISITION OF RELEVANT FOREIGN TECHNOLOGIES , IN PARTICULAR THOSE OF OTHER DEVELOPING COUNTRIES ;

( E ) THE PROMOTION OF EXCHANGE AND OTHER FORMS OF COOPERATION BETWEEN UNIVERSITIES AND SPECIALIZED INSTITUTES IN THE COMMUNITY AND IN THE ACP STATES .

ARTICLE 69

THE COMMUNITY SHALL CONTRIBUTE TO THE ESTABLISHMENT AND DEVELOPMENT OF ALL TYPES OF SMALL - AND MEDIUM-SIZED INDUSTRIES IDENTIFIED BY THE ACP STATES AS IMPORTANT IN TERMS OF THEIR DEVELOPMENT OBJECTIVES THROUGH FINANCIAL AND TECHNICAL COOPERATION SCHEMES ADAPTED TO THE SPECIFIC NEEDS OF SUCH INDUSTRIES IN THESE STATES AND THROUGH ENCOURAGEMENT , BY APPROPRIATE INCENTIVES , OF THE TRANSFER OF RELEVANT RESOURCES FROM COMMUNITY PRIVATE UNDERTAKINGS INTER ALIA THROUGH JOINT VENTURES BETWEEN SMALL - AND MEDIUM-SIZED INDUSTRIES OF THE COMMUNITY AND OF THE ACP STATES . THESE SCHEMES SHALL COVER INTER ALIA :

1 . THE EVALUATION OF THE DEVELOPMENT POTENTIAL OF THE SMALL - AND MEDIUM-SIZED INDUSTRIES SECTOR ;

2 . THE SETTING-UP AND STRENGTHENING OF INFORMATION , PROMOTION , ADVISORY , SUPERVISORY AND CREDIT INSTITUTIONS AS WELL AS FACILITIES FOR THE PROMOTION OF EXTERNAL AND INTERNAL MARKETING ;

3 . THE CREATION OF APPROPRIATE INFRASTRUCTURE AND INDUSTRIAL ESTATES ;

4 . THE PROVISIONS OF BASIC AND ADVANCED TRAINING ;

5 . THE SETTING-UP OF ADEQUATE STRUCTURES AIMED AT APPROPRIATE TECHNOLOGICAL TRANSFER , ADAPTATION AND INNOVATION ;

6 . THE IDENTIFICATION OF POSSIBILITIES FOR SUBCONTRACTING AND FACILITATING THE IMPLEMENTATION THEREOF ;

7 . THE FINANCING OF SCHEMES FOR SMALL - AND MEDIUM-SIZED INDUSTRIES .

ARTICLE 70

IN THE FRAMEWORK OF OVERALL COOPERATION WITH RESPECT TO INDUSTRIAL DEVELOPMENT , SPECIAL EMPHASIS WILL BE PLACED ON THE DOMESTIC PROCESSING OF ACP RAW MATERIALS WITH A VIEW TO ACHIEVING A LARGER AND EQUITABLE SHARE OF PROCESSED RAW MATERIALS IN BOTH PRODUCTION AND EXPORTS OF THE ACP STATES . IN THIS CONTEXT , ACCOUNT WILL BE TAKEN , WHERE APPROPRIATE , OF SPECIFIC SECTORAL REQUIREMENTS , WITH ADEQUATE ATTENTION BEING PAID TO THE FOOD PROCESSING SECTOR . THE COMMUNITY WILL CONTRIBUTE THROUGH THE VARIOUS MEANS OF FINANCIAL AND TECHNICAL COOPERATION TO :

1 . THE PROMOTION , DEVELOPMENT AND FINANCING OF PROCESSING INDUSTRIES IN THE ACP STATES ;

2 . FEASIBILITY STUDIES ;

3 . THE EVALUATION OF PROCESSING POSSIBILITIES AND THE PROVISION OF INFORMATION ON PROCESSING TECHNOLOGIES ;

4 . THE PROMOTION WITHIN THE COMMUNITY AND OTHER MARKETS OF THE EXPORTS OF ACP PROCESSED PRODUCTS .

ARTICLE 71

WITH A VIEW TO ASSISTING THE ACP STATES TO STRENGTHEN THEIR INDIGENOUS CAPACITY FOR SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT AND TO FACILITATING THE ACQUISITION , TRANSFER AND ADAPTATION OF TECHNOLOGY ON TERMS THAT WILL SEEK TO BRING ABOUT THE GREATEST POSSIBLE BENEFITS AND MINIMIZE COSTS , THE COMMUNITY , THROUGH THE INSTRUMENTS OF FINANCIAL AND TECHNICAL COOPERATION IS PREPARED INTER ALIA TO CONTRIBUTE TO :

( A ) THE ESTABLISHMENT AND STRENGTHENING OF INDUSTRYRELATED SCIENTIFIC AND TECHNICAL INFRASTRUCTURES IN THE ACP STATES ;

( B ) THE DEFINITION AND IMPLEMENTATION OF RESEARCH AND DEVELOPMENT PROGRAMMES ;

( C ) THE IDENTIFICATION AND CREATION OF POSSIBILITIES OF COLLABORATION AMONG RESEARCH INSTITUTES , INSTITUTIONS OF HIGHER LEARNING AND UNDERTAKINGS OF ACP STATES , THE COMMUNITY , THE MEMBER STATES AND OTHER COUNTRIES ;

( D ) THE IDENTIFICATION , EVALUATION AND ACQUISITION OF TECHNOLOGY INCLUDING THE NEGOTIATION ON FAVOURABLE TERMS AND CONDITIONS OF FOREIGN TECHNOLOGY , PATENTS AND OTHER INDUSTRIAL PROPERTY , IN PARTICULAR THROUGH FINANCING AND / OR THROUGH OTHER SUITABLE ARRANGEMENTS WITH FIRMS AND INSTITUTIONS WITHIN THE COMMUNITY ;

( E ) THE PROVISION OF ADVISORY SERVICES TO ACP STATES FOR THE PREPARATION OF REGULATIONS GOVERNING THE TRANSFER OF TECHNOLOGY AND FOR THE SUPPLY OF AVAILABLE INFORMATION , IN PARTICULAR ON THE TERMS AND CONDITIONS OF TECHNOLOGY CONTRACTS , THE TYPES AND SOURCES OF TECHNOLOGY , AND THE EXPERIENCE OF ACP STATES AND OTHER COUNTRIES WITH THE USE OF CERTAIN TECHNOLOGIES ;

( F ) THE PROMOTION OF TECHNOLOGY COOPERATION BETWEEN ACP STATES AND BETWEEN THEM AND OTHER DEVELOPING COUNTRIES IN ORDER TO MAKE BEST USE OF ANY PARTICULARLY APPROPRIATE SCIENTIFIC AND TECHNICAL FACILITIES THOSE STATES MAY POSSESS .

ARTICLE 72

THE COMMUNITY SHALL CONTRIBUTE BY ALL THE MEANS AVAILABLE UNDER FINANCIAL AND TECHNICAL COOPERATION TO THE SETTING-UP AND THE EXTENSION IN THE ACP STATES OF THE INFRASTRUCTURE NECESSARY FOR INDUSTRIAL DEVELOPMENT , PARTICULARLY IN THE FIELDS OF TRANSPORT AND COMMUNICATIONS , ENERGY , RESEARCH AND ADAPTATION OF TECHNOLOGY , INDUSTRIAL TRAINING AND THE LOCATION OF INDUSTRIES .

ARTICLE 73

1 . THE COMMUNITY SHALL CONTRIBUTE TO THE SETTING-UP AND THE EXTENSION IN THE ACP STATES OF UNDERTAKINGS IN PARTICULAR IN THE FOLLOWING FIELDS :

( A ) INTEGRAL INDUSTRIES CAPABLE OF CREATING LINKAGES BETWEEN THE DIFFERENT SECTORS OF THE ECONOMY ;

( B ) INDUSTRIES PROCESSING THE ACP STATE'S NATURAL RESOURCES ;

( C ) INDUSTRIES LINKED TO THE DEVELOPMENT OF AGRICULTURE AND THE PROMOTION OF AGRICULTURAL PRODUCE ;

( D ) ANY OTHER LINE OF PRODUCTION WHICH MAY INCREASE VALUE ADDED LOCALLY , HAVE A FAVOURABLE EFFECT ON EMPLOYMENT OR THE TRADE BALANCE , FACILITATE THE DIVERSIFICATION OR REGIONAL BALANCE OF INDUSTRY OR FOSTER INDUSTRIAL OR INTER-REGIONAL COOPERATION .

2 . COMMUNITY FINANCING SHALL TAKE THE FORM , AS A MATTER OF PRIORITY , OF LOANS FROM THE BANK AND RISK CAPITAL , WHICH ARE THE SPECIFIC FINANCING METHODS FOR INDUSTRIAL UNDERTAKINGS . THE METHODS FOR EMPLOYMENT OF RISK CAPITAL ARE DEFINED IN TITLE VII WITH THE PURPOSE OF THEIR ADAPTATION TO THE PARTICULAR DIFFICULTIES INHERENT IN THE FINANCING OF INDUSTRIAL UNDERTAKINGS IN THE ACP STATES .

ARTICLE 74

IN ORDER TO ENABLE THE ACP STATES TO OBTAIN FULL BENEFIT FROM THE TRADE ARRANGEMENTS AND OTHER PROVISIONS OF THIS CONVENTION , TRADE PROMOTION SCHEMES SHALL BE CARRIED OUT TO ENCOURAGE THE MARKETING OF INDUSTRIAL PRODUCTS OF ACP STATES BOTH IN COMMUNITY AND IN OTHER EXTERNAL MARKETS , AND ALSO IN ORDER TO STIMULATE AND DEVELOP TRADE IN INDUSTRIAL PRODUCTS AMONG THE ACP STATES , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 93 .

ARTICLE 75

PROGRAMMES , PROJECTS OR SCHEMES UNDERTAKEN IN THE FIELD OF INDUSTRIAL COOPERATION AND INVOLVING COMMUNITY FINANCING SHALL BE IMPLEMENTED IN ACCORDANCE WITH TITLE VII , TAKING INTO ACCOUNT THE PARTICULAR CHARACTERISTICS OF OPERATIONS IN THE INDUSTRIAL SECTOR .

ARTICLE 76

1 . THE COMMUNITY AND THE ACP STATES RECOGNIZE THE MUTUAL BENEFITS OF COOPERATION IN THE FIELD OF ENERGY . WITH A VIEW TO DEVELOPING THE CONVENTIONAL AND NON-CONVENTIONAL ENERGY POTENTIAL AND THE SELF-SUFFICIENCY OF THE ACP STATES , THE COMMUNITY WILL ASSIST INTER ALIA IN THE FOLLOWING AREAS :

( A ) PREPARATION OF INVENTORIES ON ENERGY RESOURCES AND DEMAND , ADEQUATE ATTENTION BEING PAID TO NON-COMMERCIAL ENERGY DEMAND ;

( B ) IMPLEMENTATION OF ALTERNATIVE ENERGY STRATEGIES IN PROGRAMMES AND PROJECTS THAT WILL TAKE SPECIAL ACCOUNT OF THE EXPERIENCE OF THE ACP STATES AND COVER INTER ALIA WIND , SOLAR , GEOTHERMAL AND HYDRO-ENERGY SOURCES ;

( C ) DEVELOPMENT OF THE INVESTMENT POTENTIAL FOR THE EXPLORATION AND DEVELOPMENT OF NATIONAL AND REGIONAL ENERGY SOURCES AS WELL AS THE DEVELOPMENT OF SITES OF EXCEPTIONAL ENERGY PRODUCTION ENABLING THE ESTABLISHMENT OF ENERGY-INTENSIVE INDUSTRY ;

( D ) STRENGTHENING OF THE MANAGEMENT AND CONTROL OF THE ACP STATES OF THEIR ENERGY RESOURCES IN TERMS OF THEIR DEVELOPMENT OBJECTIVES BY ALL THE MEANS PROVIDED FOR IN THIS CONVENTION ;

( E ) ESTABLISHMENT OF A RURAL ENERGY PROGRAMME WITH EMPHASIS ON RURAL ENERGY TECHNOLOGIES AND ENERGY PLANNING THAT MEET BASIC NEEDS ;

( F ) PROMOTION OF RESEARCH , ADAPTATION AND DISSEMINATION OF APPROPRIATE TECHNOLOGY AS WELL AS THE TRAINING NEEDED TO MEET ENERGY-RELATED MANPOWER NEEDS ;

( G ) PRODUCTION IN THE ACP STATES OF EQUIPMENT FOR THE PRODUCTION AND DISTRIBUTION OF ENERGY AS WELL AS THE APPLICATION OF ENERGY-SAVING TECHNIQUES ;

( H ) IMPLEMENTATION OF MEASURES THAT WILL MINIMIZE THE NEGATIVE IMPACT OF ENERGY PRODUCTION ON THE ENVIRONMENT AS WELL AS PROMOTE ENVIRONMENTALLY POSITIVE PROJECTS ;

( I ) CONSERVATION OF EXISTING AND FUTURE ENERGY RESOURCES OF THE ACP STATES , WHETHER CONVENTIONAL OR NON-CONVENTIONAL .

2 . PROGRAMMES PROJECTS OR SCHEMES UNDERTAKEN IN THE FIELD OF ENERGY COOPERATION AND INVOLVING COMMUNITY FINANCING SHALL BE IMPLEMENTED IN ACCORDANCE WITH TITLE VII .

IN RELATION TO RESEARCH AND EXPERIMENTAL PROJECTS AS WELL AS EXPLORATION AND DEVELOPMENT PROJECTS OF MUTUAL INTEREST , THE RESOURCES PROVIDED FOR UNDER TITLE VII MAY BE SUPPLEMENTED BY :

( A ) OTHER COMMUNITY FINANCIAL AND TECHNICAL RESOURCES ;

( B ) ACTIONS AIMED AT THE MOBLIZATION OF PUBLIC AND PRIVATE CAPITAL , NOTABLY CO-FINANCING .

ARTICLE 77

1 . INDUSTRIAL INFORMATION AND PROMOTION ACTIVITIES WILL BE UNDERTAKEN SO AS TO ENSURE AND INTENSIFY REGULAR INFORMATION EXCHANGES AND THE ORGANIZATION OF THE NECESSARY CONTACTS IN THE INDUSTRIAL FIELD BETWEEN THE COMMUNITY AND THE ACP STATES .

2 . THESE INDUSTRIAL INFORMATION AND PROMOTION ACTIVITIES COULD HAVE IN PARTICULAR THE FOLLOWING AIMS :

( A ) TO GATHER AND DISSEMINATE ALL RELEVANT INFORMATION CONCERNING TRENDS IN INDUSTRIAL POLICIES IN THE COMMUNITY , THE ACP STATES AND THE WORLD AT LARGE , AND ON THE CONDITIONS OF AND POSSIBILITIES FOR INDUSTRIAL DEVELOPMENT IN THE ACP STATES ;

( B ) TO ORGANIZE AT THE REQUEST OF THE COMMUNITY OR OF THE ACP STATES MEETINGS TO REVIEW THE SUBJECTS MENTIONED UNDER ( A ) ;

( C ) TO ORGANIZE AND FACILITATE ALL OTHER FORMS OF CONTACTS AND MEETINGS BETWEEN INDUSTRIAL POLICY-MAKERS , PROMOTERS AND ECONOMIC OPERATORS FROM THE COMMUNITY AND THE ACP STATES ;

( D ) TO CARRY OUT STUDIES AND APPRAISALS AIMED AT PINPOINTING PRACTICAL OPPORTUNITIES FOR INDUSTRIAL COOPERATION WITH THE COMMUNITY IN ORDER TO PROMOTE THE INDUSTRIAL DEVELOPMENT OF THE ACP STATES , AND AT FACILITATING THE IMPLEMENTATION OF SUCH SCHEMES ;

( E ) TO CONTRIBUTE , THROUGH APPROPRIATE TECHNICAL COOPERATION SCHEMES , TO THE SETTING UP , LAUNCHING AND RUNNING OF THE ACP STATES' INDUSTRIAL PROMOTION BODIES ;

( F ) TO FACILITATE ACCESS TO AND USE OF DOCUMENTARY AND OTHER DATA SOURCES AVAILABLE IN THE COMMUNITY .

ARTICLE 78

1 . A COMMITTEE ON INDUSTRIAL COOPERATION SUPERVISED BY THE COMMITTEE OF AMBASSADORS SHALL :

( A ) REVIEW PROGRESS IN THE IMPLEMENTATION OF THE OVERALL PROGRAMME OF INDUSTRIAL COOPERATION RESULTING FROM THIS CONVENTION AND , WHERE APPROPRIATE , SUBMIT RECOMMENDATIONS TO THE COMMITTEE OF AMBASSADORS ;

( B ) EXAMINE PROBLEMS AND POLICY ISSUES IN THE FIELD OF INDUSTRIAL COOPERATION SUBMITTED TO IT BY THE ACP STATES OR BY THE COMMUNITY , AND UNDERTAKE WHERE NECESSARY ITS OWN EVALUATIONS OF THESE MATTERS WITH A VIEW TO SUGGESTING APPROPRIATE SOLUTIONS ;

( C ) ORGANIZE , AT THE REQUEST OF THE COMMUNITY OR OF THE ACP STATES , A REVIEW OF TRENDS IN INDUSTRIAL POLICIES OF THE ACP STATES , AND OF THE MEMBER STATES AS WELL AS DEVELOPMENTS IN THE WORLD INDUSTRIAL SITUATION WITH A VIEW TO EXCHANGING INFORMATION NECESSARY FOR IMPROVING INDUSTRIAL COOPERATION AND FACILITATING THE INDUSTRIAL DEVELOPMENT OF THE ACP STATES ;

( D ) GUIDE , SUPERVISE AND CONTROL THE ACTIVITIES OF THE CENTRE FOR INDUSTRIAL DEVELOPMENT REFERRED TO IN ARTICLE 79 , AND REPORT TO THE COMMITTEE OF AMBASSADORS AND , THROUGH IT , TO THE COUNCIL OF MINISTERS ;

( E ) PERFORM SUCH OTHER FUNCTIONS AS MAY BE ASSIGNED TO IT BY THE COMMITTEE OF AMBASSADORS .

2 . THE COMPOSITION OF THE COMMITTEE ON INDUSTRIAL COOPERATION AND THE DETAILED RULES FOR ITS OPERATION SHALL BE DETERMINED BY THE COUNCIL OF MINISTERS .

ARTICLE 79

THE CENTRE FOR INDUSTRIAL DEVELOPMENT , SET UP UNDER ARTICLE 36 OF THE ACP-EEC CONVENTION OF LOME , SHALL HELP WITHIN THE FRAMEWORK OF THE PROVISIONS AND PRINCIPLES OF THIS TITLE TO ESTABLISH AND STRENGTHEN INDUSTRIAL UNDERTAKINGS IN THE ACP STATES , PARTICULARLY BY ENCOURAGING INITIATIVES BY ECONOMIC OPERATORS OF THE COMMUNITY AND THE ACP STATES .

AS A PRACTICAL OPERATIONAL INSTRUMENT , THE CENTRE FOR THIS PURPOSE SHALL ASSIST IN THE PROMOTION OF VIABLE INDUSTRIAL PROJECTS THAT MEET THE NEEDS OF ACP STATES AND TAKE SPECIAL ACCOUNT OF THE IMPORTANCE OF INTERNAL AND EXTERNAL MARKET OPPORTUNITIES , THE PROCESSING OF RAW MATERIALS AND THE USE OF LOCAL MATERIALS FOR MANUFACTURING . SUCH ACTIVITY WILL BE UNDERTAKEN IN CLOSE COOPERATION WITH THE ACP STATES , THE MEMBER STATES , AS WELL AS THE COMMISSION AND THE BANK WITHIN THEIR RESPECTIVE POWERS .

IN ITS PROGRAMME ON INDUSTRIAL PROMOTION , SPECIAL EMPHASIS SHALL BE PLACED ON THE IDENTIFICATION AND EXPLOITATION OF THE POSSIBILITIES OF JOINT VENTURES AND SUBCONTRACTING AS WELL AS OF THE POTENTIAL OF SMALL - AND MEDIUM-SIZED INDUSTRIES . ADEQUATE ATTENTION SHALL ALSO BE PAID TO THE DEVELOPMENT AND CONSOLIDATION OF REGIONAL INDUSTRIAL PROJECTS .

IN ITS EFFORT TO HELP IN ESTABLISHING AND STRENGTHENING INDUSTRIAL UNDERTAKINGS IN THE ACP STATES THE CENTRE SHALL ADOPT APPROPRIATE MEASURES WITHIN THE LIMITS OF ITS RESOURCES AND ITS FUNCTIONS IN THE FIELD OF TRANSFER AND DEVELOPMENT OF TECHNOLOGY , INDUSTRIAL TRAINING AND INFORMATION .

ARTICLE 80

1 . IN ORDER TO ATTAIN ITS OBJECTIVE , THE CENTRE SHALL :

( A ) GATHER AND DISSEMINATE ALL RELEVANT INFORMATION ON THE CONDITIONS AND OPPORTUNITIES FOR INDUSTRIAL COOPERATION AS WELL AS ORGANIZE AND FACILITATE CONTACTS AND MEETINGS OF ALL KINDS BETWEEN COMMUNITY AND ACP STATES' INDUSTRIAL POLICY-MAKERS , PROMOTERS AND ECONOMIC AND FINANCIAL OPERATORS ;

( B ) SUPPLY INFORMATION AS WELL AS SPECIFIC ADVISORY SERVICES AND EXPERTISE , INCLUDING FEASIBILITY STUDIES , FOR THE PURPOSE OF ACCELERATING THE ESTABLISHMENT OF INDUSTRIAL UNDERTAKINGS REQUIRED BY THE ACP STATES AND ENSURING VIABILITY OF EXISTING UNDERTAKINGS ; THE CENTRE WILL , IF NECESSARY , ASSIST IN THE FOLLOW-UP AND IMPLEMENTATION ; SUITE DU TEXTE SOUS LE NUM.DOC : 279A1031(01).2

( C ) IDENTIFY AND EVALUATE , ON THE BASIS OF NEEDS INDICATED BY ACP STATES , OPPORTUNITIES FOR INDUSTRIAL TRAINING TO MEET REQUIREMENTS OF ALREADY EXISTING AS WELL AS PROJECTED INDUSTRIAL UNDERTAKINGS IN ACP STATES , TAKING INTO ACCOUNT THE VARIOUS FACILITIES AVAILABLE FOR CONDUCTING AND FINANCING SUCH TRAINING SCHEMES AND , WHERE APPROPRIATE , ASSIST IN THEIR IMPLEMENTATION ;

( D ) IDENTIFY , EVALUATE AND SUPPLY INFORMATION AND ADVICE ON THE ACQUISITION , THE ADAPTATION AND DEVELOPMENT OF APPROPRIATE INDUSTRIAL TECHNOLOGY , INCLUDING TECHNOLOGICAL INFRASTRUCTURE , RELATING TO CONCRETE PROJECTS OF INTEREST TO THE ACP STATES ;

( E ) IDENTIFY AND PROVIDE INFORMATION WHERE NECESSARY ON POSSIBLE SOURCES OF FINANCE .

2 . IN THE IMPLEMENTATION OF ITS FUNCTIONS , THE CENTRE WILL PAY ATTENTION TO THE SPECIAL PROBLEMS OF LEAST-DEVELOPED , LAND-LOCKED AND ISLAND ACP STATES .

ARTICLE 81

1 . THE COMMITTEE ON INDUSTRIAL COOPERATION SHALL BE THE SUPERVISORY AUTHORITY OF THE CENTRE .

2 . THE CENTRE SHALL BE HEADED BY A DIRECTOR ASSISTED BY A DEPUTY DIRECTOR BOTH OF WHOM SHALL BE APPOINTED BY THE COMMITTEE . THE COMMITTEE SHALL ADOPT THE ARRANGEMENTS APPLICABLE TO THE STAFF OF THE CENTRE .

3 . AN ADVISORY COUNCIL SHALL HAVE THE TASK OF ADVISING AND ASSISTING THE CENTRE IN THE PROGRAMMING AND DEVELOPMENT OF ITS INDUSTRIAL ACTIVITIES . THE ADVISORY COUNCIL SHALL BE CONSULTED BY THE DIRECTOR , WHEN APPROPRIATE , ON ANY PROPOSED OPERATIONS AND ON IMPORTANT MATTERS ARISING FROM THE ACTIVITIES OF THE CENTRE . IT MAY ALSO , ON ITS OWN INITIATIVE , MAKE ANY SUGGESTION OR SUBMIT TO THE DIRECTOR ANY QUESTION THAT IT DEEMS USEFUL . IT SHALL GIVE ITS OPINION ON THE ANNUAL PROGRAMME OF WORK , BUDGET AND GENERAL REPORT .

4 . THE ADVISORY COUNCIL OF THE CENTRE SHALL BE COMPOSED OF PERSONS WITH EXPERIENCE IN THE INDUSTRIAL FIELD ESPECIALLY IN THE MANUFACTURING SECTOR . THEY SHALL BE CHOSEN ON A PERSONAL BASIS ON THE GROUNDS OF THEIR QUALIFICATIONS FROM NATIONALS OF THE STATES WHICH ARE PARTY TO THIS CONVENTION AND SHALL BE APPOINTED BY THE COMMITTEE UNDER THE CONDITIONS LAID DOWN BY IT .

5 . THE BUDGET OF THE CENTRE , TOGETHER WITH THE OPINION OF THE ADVISORY COUNCIL , SHALL BE EXAMINED AND ADOPTED BY THE COMMITTEE ON INDUSTRIAL COOPERATION . THE COMMITTEE SHALL ADOPT THE FINANCIAL REGULATION OF THE CENTRE . THE COMMUNITY SHALL CONTRIBUTE TO THE FINANCING OF THIS BUDGET BY MEANS OF A SEPARATE ALLOCATION UP TO A CEILING OF 25 MILLION EUA TAKEN FROM THE RESOURCES EARMARKED UNDER ARTICLE 133 FOR THE FINANCING OF REGIONAL COOPERATION PROJECTS .

6 . TWO AUDITORS SHALL CHECK THE FINANCIAL MANGEMENT OF THE CENTRE .

7 . THE STATUTES AND RULES OF THE PROCEDURE OF THE CENTRE SHALL BE ADOPTED BY THE COUNCIL OF MINISTERS ON A PROPOSAL BY THE COMMITTEE OF AMBASSADORS AFTER THE ENTRY INTO FORCE OF THIS CONVENTION .

ARTICLE 82

WITHIN THE FRAMEWORK OF THE IMPLEMENTATION OF THE PROVISIONS OF THIS TITLE , THE COMMUNITY SHALL MEET THE SPECIAL NEEDS AND PROBLEMS OF THE LEAST-DEVELOPED , LAND-LOCKED AND ISLAND ACP STATES , ACCORDING TO THE PRIORITIES WHICH THESE STATES ESTABLISH INTER ALIA FOR THE PROCESSING OF THEIR RAW MATERIALS , THE DEVELOPMENT , TRANSFER AND ADAPTATION OF TECHNOLOGY , THE DEVELOPMENT OF SMALL - AND MEDIUM-SIZED INDUSTRIES , THE DEVELOPMENT OF THEIR INFRASTRUCTURE AND ENERGY AND MINERAL RESOURCES , AND ADEQUATE TRAINING IN THE SCIENTIFIC , TECHNOLOGICAL AND TECHNICAL FIELDS .

TITLE VI

AGRICULTURAL COOPERATION

ARTICLE 83

1 . THE BASIC OBJECTIVE OF AGRICULTURAL COOPERATION BETWEEN THE COMMUNITY AND THE ACP STATES MUST BE TO ASSIST THE LATTER IN THEIR EFFORTS TO RESOLVE PROBLEMS RELATING TO RURAL DEVELOPMENT AND THE IMPROVEMENT AND EXPANSION OF AGRICULTURAL PRODUCTION FOR DOMESTIC CONSUMPTION AND EXPORT AND PROBLEMS THEY MAY ENCOUNTER WITH REGARD TO SECURITY OF FOOD SUPPLIES FOR THEIR POPULATIONS .

2 . ACCORDINGLY , COOPERATION IN RURAL DEVELOPMENT SHALL CONTRIBUTE IN PARTICULAR , WITHIN THE GENERAL OBJECTIVES OF FINANCIAL AND TECHNICAL COOPERATION :

( A ) TO A HIGHER STANDARD OF LIVING FOR THE RURAL POPULATION , IN PARTICULAR BY RAISING INCOMES AND CREATING JOBS , BY MEANS OF INCREASING AGRICULTURAL PRODUCTION GENERALLY ;

( B ) TO REINFORCING THE SECURITY OF THE FOOD SUPPLIES OF THE ACP STATES AND TO SATISFYING THEIR NUTRITIONAL REQUIREMENTS , PARTICULARLY BY IMPROVING THE QUANTITY AND QUALITY OF FOOD PRODUCTION ;

( C ) TO IMPROVING THE PRODUCTIVITY OF AND DIVERSIFYING RURAL ACTIVITIES , IN PARTICULAR THROUGH THE TRANSFER OF APPROPRIATE TECHNOLOGY AND RATIONAL USE OF CROP AND LIVESTOCK RESOURCES WHILE PROTECTING THE ENVIRONMENT ;

( D ) TO LOCAL EXPLOITATION OF AGRICULTURAL PRODUCE , IN PARTICULAR THROUGH THE PROCESSING OF CROPS AND LIVESTOCK PRODUCTS IN THE COUNTRIES CONCERNED ;

( E ) TO THE SOCIAL AND CULTURAL DEVELOPMENT OF THE RURAL COMMUNITY , IN PARTICULAR THROUGH INTEGRATED HEALTH AND EDUCATIONAL SCHEMES ;

( F ) TO INCREASING THE POPULATIONS' CAPACITY FOR SELF-DEVELOPMENT , NOTABLY , THROUGH GREATER CONTROL OVER THEIR TECHNICAL AND ECONOMIC ENVIRONMENT .

ARTICLE 84

IN ORDER TO HELP ATTAIN THE OBJECTIVES REFERRED TO IN ARTICLE 83 , COOPERATION SCHEMES IN THE FIELD OF RURAL DEVELOPMENT SHALL TAKE THE FORM INTER ALIA OF :

( A ) INTEGRATED RURAL DEVELOPMENT PROJECTS INVOLVING IN PARTICULAR PEASANT FAMILY HOLDINGS AND COOPERATIVES AND ALSO FOSTERING CRAFT AND TRADING ACTIVITIES IN RURAL AREAS ;

( B ) DIFFERENT KINDS OF HYDRO-AGRICULTURAL IMPROVEMENT SCHEMES USING AVAILABLE WATER RESOURCES ; VILLAGE WATER-ENGINEERING MICROPROJECTS , STABILIZATION OF WATER COURSES AND LAND DEVELOPMENT INVOLVING PARTIAL OR TOTAL WATER CONTROL ;

( C ) PROJECTS FOR CROP PROTECTION , PRESERVATION AND STORAGE AND FOR MARKETING AGRICULTURAL PRODUCTS DESIGNED TO BRING ABOUT CONDITIONS GIVING FARMERS AN INCENTIVE TO PRODUCE ;

( D ) THE ESTABLISHMENT OF AGRO-INDUSTRIAL UNITS COMBINING PRIMARY AGRICULTURAL PRODUCTION , PROCESSING , AND THE PREPARATION , PACKAGING AND MARKETING OF THE FINISHED PRODUCT ;

( E ) STOCK-FARMING PROJECTS ; PROTECTION , EXPLOITATION AND IMPROVEMENT OF LIVESTOCK AND THE DEVELOPMENT OF LIVESTOCK PRODUCTS ;

( F ) FISHERY AND FISH FARMING PROJECTS : EXPLOITATION OF NATURAL RESOURCES AND DEVELOPMENT OF NEW PRODUCTS ; PRESERVATION AND MARKETING OF PRODUCTS ;

( G ) EXPLOITATION AND DEVELOPMENT OF FORESTRY RESOURCES FOR PRODUCTION OR ENVIRONMENTAL PROTECTION PURPOSES ;

( H ) THE IMPLEMENTATION OF MEASURES TO RAISE THE STANDARD OF LIVING IN RURAL AREAS , FOR EXAMPLE BY IMPROVING THE SOCIAL INFRASTRUCTURE , DRINKING WATER SUPPLY AND COMMUNICATION NETWORKS ;

( I ) SUCH APPLIED AGRONOMIC AND LIVESTOCK RESEARCH PROJECTS AS PROVE NECESSARY PRIOR TO OR IN THE COURSE OF THE IMPLEMENTATION OF AGRICULTURAL COOPERATION SCHEMES ;

( J ) TRAINING SCHEMES AT ALL LEVELS FOR NATIONAL SUPERVISORY STAFF WHO WILL HAVE TO TAKE OVER RESPONSIBILITY FOR THE PLANNING , EXECUTION AND MANAGEMENT OF RURAL DEVELOPMENT OPERATIONS AND APPLIED AGRONOMIC AND LIVESTOCK RESEARCH PROJECTS .

ARTICLE 85

RURAL COOPERATION SCHEMES AS DEFINED IN ARTICLE 84 SHALL FORM PART OF THE DEVELOPMENT POLICY OF THE ACP STATES IN ACCORDANCE WITH THE OPTIONS AND PRIORITIES TO BE DETERMINED BY THE ACP STATES THEMSELVES . THE FINANCIAL AND TECHNICAL RESOURCES FROM THE COMMUNITY REQUIRED FOR THE EXECUTION OF SUCH SCHEMES AS STATED IN INDICATIVE PROGRAMMES SHALL BE ADDITIONAL TO THE ACP STATES' OWN RESOURCES AND SHALL BE PUT TO USE IN ACCORDANCE WITH THE PROVISIONS OF TITLE VII .

ARTICLE 86

FOR THE PURPOSE OF IMPLEMENTING THE COOPERATION SCHEMES REFERRED TO IN ARTICLE 84 AND IN ORDER TO IMPROVE THE EFFICIENCY OF THE DIFFERENT DEPARTMENTS OF THE ACP STATES , BOTH NATIONAL AND INTER-STATE , THAT DEAL WITH RURAL DEVELOPMENT , THE LATTER MAY CALL ON TECHNICAL ASSISTANCE IN THE FORM OF INDIVIDUAL EXPERTS OR CONSULTANCY TEAMS , IN PARTICULAR FOR THE FOLLOWING TASKS :

_ THE FORMULATION OF RURAL DEVELOPMENT POLICIES ,

_ THE IDENTIFICATION AND PREPARATION OF PROJECTS IN THAT FIELD ,

_ PROJECT EXECUTION , MANAGEMENT AND EVALUATION ,

_ APPLIED RESEARCH ACTIVITIES ,

_ THE TRAINING OF NATIONAL PERSONNEL .

TECHNICAL ASSISTANCE SHALL BE PROVIDED WITHIN THE FRAMEWORK OF TERMS OF REFERENCE SPECIFYING THE TASKS TO BE ACCOMPLISHED FOR A PERIOD DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF TITLE VII . ASSISTANCE SCHEMES MUST FORM PART OF NATIONAL INDICATIVE PROGRAMMES OR OF REGIONAL PROGRAMMES .

ARTICLE 87

1 . IN ORDER TO ENABLE THE ACP STATES TO DERIVE GREATER ADVANTAGE FROM THE OPPORTUNITIES FOR INTER-STATE ACTION AND COOPERATION IN RURAL DEVELOPMENT , THE COMMUNITY IS READY TO CONTRIBUTE FROM REGIONAL COOPERATION APPROPRIATIONS TO INITIATIVES DEVISED AND PUT INTO EFFECT BY TWO OR MORE ACP STATES , INVOLVING PRODUCTION , RESEARCH OR TRAINING PROJECTS .

2 . ASSISTANCE FOR COOPERATION IN THIS FIELD SHALL BE PROVIDED PREFERABLY THROUGH EXISTING NATIONAL OR INTER-STATE ORGANIZATIONS , IN ACCORDANCE WITH THE PROVISIONS AND PROCEDURES RELATING TO REGIONAL COOPERATION .

ARTICLE 88

1 . A TECHNICAL CENTRE FOR AGRICULTURAL AND RURAL COOPERATION SHALL BE ESTABLISHED .

THE CENTRE SHALL BE AT THE DISPOSAL OF THE ACP STATES' AUTHORITIES RESPONSIBLE FOR AGRICULTURAL DEVELOPMENT IN ORDER TO PROVIDE THEM WITH BETTER ACCESS TO INFORMATION , RESEARCH , TRAINING AND INNOVATIONS IN THE AGRICULTURAL AND RURAL FIELD . IN MATTERS WITHIN ITS POWERS IT SHALL ACT IN CLOSE COOPERATION WITH THE INSTITUTIONS AND BODIES REFERRED TO IN THIS CONVENTION OR IN THE DECLARATIONS ANNEXED HERETO .

2 . THE FUNCTIONS OF THE CENTRE SHALL BE :

( A ) TO ENSURE , IN PARTICULAR WHEN REQUESTED BY THE ACP STATES , THE DISSEMINATION OF SCIENTIFIC AND TECHNICAL INFORMATION RELATING TO PARTICULAR QUESTIONS OF AGRICULTURAL DEVELOPMENT RAISED BY THOSE STATES ;

( B ) TO DIRECT TO THE BODIES QUALIFIED TO DEAL WITH THEM THE ACP STATES' REQUESTS IN RESPECT OF SPECIFIC TECHNIQUES OR THEIR ADAPTATION IN THE FIELD OF AGRICULTURE ;

( C ) TO HELP MAKE SCIENTIFIC PUBLICATIONS ON AGRICULTURAL MATTERS AVAILABLE TO THE ACP STATES' AGRONOMIC RESEARCH INSTITUTIONS AND PROVIDE THEM WITH ACCESS TO DATA BANKS ;

( D ) TO FACILITATE THE FLOW OF INFORMATION ON THE PROGRAMMING OF AGRONOMIC RESEARCH IN ACCORDANCE WITH PRIORITY DEVELOPMENT REQUIREMENTS ;

( E ) TO BRING ABOUT MEETINGS BETWEEN RESEARCH WORKERS , PLANNERS AND DEVELOPMENT PERSONNEL SO AS TO IMPROVE THE EXCHANGE OF EXPERIENCE GAINED ON MATTERS RELATING TO SPECIFIC ECOLOGICAL ZONES AND PARTICULAR TOPICS ;

( F ) TO FOSTER THE EXCHANGE OF INFORMATION AND THE RESULTS OF FIELD WORK BETWEEN THE BODIES SPECIALIZING IN THE VARIOUS ASPECTS OF TROPICAL AGRICULTURE AND THE RURAL COMMUNITY ;

( G ) TO HELP FACILITATE THE ADAPTATION OF AVAILABLE INFORMATION TO THE NEEDS OF EXTENSION WORK AND DEVELOPMENT ;

( H ) TO FACILITATE ACCESS BY THE ACP STATES' TRAINING AND EXTENSION PERSONNEL TO THE INFORMATION THEY NEED TO CARRY OUT THEIR TASKS ;

( I ) TO DIRECT REQUESTS FOR SPECIFIC TRAINING TO THE RELEVANT EXISTING BODIES ;

( J ) IN GENERAL , TO HELP FACILITATE ACCESS BY THE ACP STATES TO THE RESULTS OF WORK BY THE NATIONAL , REGIONAL AND INTERNATIONAL BODIES , PARTICULARLY THOSE LOCATED IN THE COMMUNITY AND IN THE ACP STATES , TECHNICALLY QUALIFIED IN AGRICULTURAL AND RURAL DEVELOPMENT MATTERS AND TO MAINTAIN CONTACT WITH THOSE BODIES .

3 . IN ORDER TO DETERMINE APPROPRIATE SOLUTIONS TO THE PROBLEMS ENCOUNTERED BY THE ACP STATES , IN PARTICULAR FOR THE PURPOSE OF IMPROVING THEIR ACCESS TO INFORMATION , TECHNICAL INNOVATIONS AND RESEARCH IN THE FIELD OF RURAL DEVELOPMENT , THE CENTRE SHALL ARRANGE MEETINGS OF DELEGATES FROM THE ACP STATES' AND MEMBER STATES' ORGANIZATIONS SPECIALIZING IN APPLIED AGRONOMIC RESEARCH RELATING IN PARTICULAR TO TROPICAL AGRICULTURE AND / OR QUESTIONS OF RURAL DEVELOPMENT , SUCH ORGANIZATIONS HAVING BEEN APPROVED BY THE COMMITTEE OF AMBASSADORS OR THE BODIES WHICH IT HAS DELEGATED .

4 . ( A ) THE COMMITTEE OF AMBASSADORS SHALL BE THE SUPERVISING AUTHORITY FOR THE CENTRE .

( B ) THE CENTRE SHALL BE HEADED BY A DIRECTOR APPOINTED BY THE COMMITTEE OF AMBASSADORS AS FROM THE ENTRY INTO FORCE OF THIS CONVENTION .

( C ) THE DIRECTOR OF THE CENTRE SHALL REPORT ON ITS ACTIVITIES TO THE COMMITTEE OF AMBASSADORS .

( D ) THE DETAILED RULES OF OPERATION AND PROCEDURES FOR THE ADOPTION OF THE CENTRE'S BUDGET SHALL BE LAID DOWN BY THE COMMITTEE OF AMBASSADORS . THE BUDGET SHALL BE FINANCED IN ACCORDANCE WITH THE PROCEDURES LAID DOWN IN THE CONVENTION IN RESPECT OF FINANCIAL AND TECHNICAL COOPERATION . THE DIRECTOR OF THE CENTRE SHALL BE AIDED BY A STAFF RECRUITED WITHIN THE LIMITS OF THE BUDGETARY ESTABLISHMENT ADOPTED BY THE COMMITTEE OF AMBASSADORS .

ARTICLE 89

FOOD AID IS A TEMPORARY MEASURE AND THE ULTIMATE AIM OF ACP STATES IS TO BECOME SELF-SUFFICIENT IN FOOD PRODUCTION .

THE COMMUNITY AND THE ACP STATES WILL SEEK BETTER WAYS OF COMBINING , AS FAR AS POSSIBLE , ANY FOOD-AID MEASURES ON BEHALF OF ANY ACP STATE THAT ARE DECIDED UPON UNILATERALLY BY THE COMMUNITY IN ACCORDANCE WITH THE SPECIFIC RULES AND CRITERIA FOR THE ALLOCATION OF THIS TYPE OF AID , WITH SCHEMES CARRIED OUT USING THE RESOURCES PROVIDED FOR IN THIS CONVENTION .

ARTICLE 90

IN THE IMPLEMENTATION OF THE PROVISIONS OF THIS TITLE SPECIAL PRIORITY SHALL BE ACCORDED TO THE SPECIFIC PROBLEMS AND DIFFICULTIES OF THE LEAST-DEVELOPED ACP STATES , PARTICULARLY IN THE AREAS OF PRODUCTION , PROCESSING , TRAINING , RESEARCH , TRANSPORT , MARKETING , PACKAGING AND THE ESTABLISHMENT OF STORAGE INFRASTRUCTURE .

TITLE VII

FINANCIAL AND TECHNICAL COOPERATION

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 91

1 . THE OBJECTIVE OF FINANCIAL AND TECHNICAL COOPERATION SHALL BE TO PROMOTE THE ECONOMIC AND SOCIAL DEVELOPMENT OF THE ACP STATES ON THE BASIS OF THE PRIORITIES LAID DOWN BY THOSE STATES AND IN THE MUTUAL INTEREST OF THE PARTIES .

2 . THIS COOPERATION SHALL COMPLEMENT THE EFFORTS OF THE ACP STATES AND SHALL BE IN KEEPING WITH THEM . IT SHALL RELATE TO THE PREPARATION , FINANCING AND IMPLEMENTATION OF PROJECTS AND PROGRAMMES THAT CONTRIBUTE TO THE ECONOMIC AND SOCIAL DEVELOPMENT OF THE ACP STATES AND WHOSE NATURE IS ADAPTED TO THE NEEDS AND CHARACTERISTICS OF EACH OF THOSE STATES .

3 . IT SHOULD HELP THE LEAST-DEVELOPED , LAND-LOCKED AND ISLAND ACP STATES TO OVERCOME THE SPECIFIC OBSTACLES WHICH HAMPER THEIR DEVELOPMENT EFFORTS .

4 . IT SHOULD ENCOURAGE THE REGIONAL COOPERATION OF THE ACP STATES .

ARTICLE 92

1 . FINANCIAL AND TECHNICAL COOPERATION SHALL TAKE ACCOUNT OF THE NEED TO COMPLY WITH THE CONDITIONS SPECIFIC TO EACH STATE , ESPECIALLY AS REGARDS ITS DEVELOPMENT POLICY , THE STRATEGIES TO BE FOLLOWED , THE PRIORITIES IT HAS SET ITSELF , ITS POTENTIAL AND ITS OWN RESOURCES .

2 . IN THIS CONTEXT , PROJECTS AND PROGRAMMES SHALL HELP ACHIEVE SOME OR ALL OF THE FOLLOWING EFFECTS :

( A ) TO GIVE THE ACP STATES THE MEANS OF IMPROVING AND GAINING MORE CONTROL OVER THE CONDITIONS OF THEIR ECONOMIC AND SOCIAL DEVELOPMENT ;

( B ) TO CONTRIBUTE TO THE SUSTAINED AND HARMONIOUS GROWTH OF THE ACP STATES' ECONOMIES BY RAISING THE QUANTITY AND QUALITY OF THEIR PRODUCTION AND , HENCE , THEIR NATIONAL INCOME , AND BY CORRECTING STRUCTURAL IMBALANCES , THROUGH THE DIVERSIFICATION AND INTEGRATION OF THEIR ECONOMIES ;

( C ) TO RAISE THE STANDARD OF LIVING OF THE ACP STATES' POPULATION ;

( D ) TO ENABLE THE ACP STATES FACED WITH SERIOUS ECONOMIC AND SOCIAL DIFFICULTIES OF AN EXCEPTIONAL NATURE RESULTING FROM NATURAL DISASTERS OR EXTRAORDINARY CIRCUMSTANCES HAVING COMPARABLE EFFECTS TO BENEFIT FROM EMERGENCY AID ;

( E ) TO ENABLE THUS THE ESTABLISHMENT OF MORE BALANCED ECONOMIC RELATIONS BETWEEN THE ACP STATES AND THE REST OF THE WORLD AND GREATER PARTICIPATION BY THOSE STATES IN INTERNATIONAL TRADE .

3 . THE IMPLEMENTATION OF FINANCIAL AND TECHNICAL COOPERATION CALLS FOR REAL AND EFFECTIVE PARTICIPATION BY THE ACP STATES AND THE COMMUNITY , AT ALL LEVELS , IN THE MANAGEMENT AND OPERATION OF THE INSTRUMENTS OF FINANCIAL AND TECHNICAL COOPERATION AND THE CONCURRENT AND EX-POST EVALUATION OF THE PROJECTS AND PROGRAMMES OF SUCH COOPERATION , AS LAID DOWN IN ARTICLE 108 .

ARTICLE 93

1 . PROJECTS AND PROGRAMMES MAY INVOLVE :

_ CAPITAL PROJECTS , INCLUDING THE SUPPORT COSTS AND RUNNING COSTS DEFINED IN ARTICLES 152 AND 153 ,

_ TECHNICAL COOPERATION .

2 . THE PROJECTS AND PROGRAMMES MAY , WITHIN THE FRAMEWORK OF THE PRIORITIES ADOPTED AT THE PROGRAMMING LEVEL AS WELL AS WITHIN THE FRAMEWORK OF REGIONAL COOPERATION , APPLY INTER ALIA TO :

( A ) RURAL DEVELOPMENT , INDUSTRIALIZATION , CRAFT DEVELOPMENT , ENERGY , MINING , TOURISM AND ECONOMIC AND SOCIAL INFRASTRUCTURE ;

( B ) STRUCTURAL IMPROVEMENT OF THE PRODUCTIVE SECTORS OF THE ECONOMY ;

( C ) PROTECTION OF THE ENVIRONMENT ;

( D ) PROSPECTING AND EXPLORATION AND EXPLOITATION OF NATURAL RESOURCES ;

( E ) TRAINING , APPLIED SCIENTIFIC RESEARCH AND APPLIED TECHNOLOGY , TECHNOLOGICAL ADAPTATION OR INNOVATION AND THE TRANSFER OF TECHNOLOGY ;

( F ) INDUSTRIAL PROMOTION AND INFORMATION ;

( G ) MARKETING AND SALES PROMOTION ;

( H ) PROMOTION OF SMALL - AND MEDIUM-SIZED NATIONAL UNDERTAKINGS ;

( I ) MICRO-PROJECTS FOR GRASSROOTS DEVELOPMENT .

3 . THE FUNDS PROVIDED MAY BE USED TO COVER EXTERNAL COSTS AND LOCAL EXPENDITURE REQUIRED FOR THE EXECUTION OF PROJECTS AND PROGRAMMES .

4 . FINANCIAL AND TECHNICAL COOPERATION MAY COVER CURRENT ADMINISTRATIVE , MAINTENANCE AND OPERATING EXPENSES WHICH ARE THE RESPONSIBILITY OF THE ACP STATES OR ANY OTHER RECIPIENTS ONLY ON THE CONDITIONS LAID DOWN IN ARTICLES 152 AND 153 .

5 . IN ORDER TO TAKE ACCOUNT OF THE SPECIFIC PROBLEMS FACING THE LAND-LOCKED ACP STATES BECAUSE OF THEIR GEORGRAPHICAL POSITION , THE COMMUNITY SHALL ACCORD PRIORITY TO :

( A ) SUCH STUDIES , PROJECTS , PROGRAMMES AND TRAINING AND TECHNICAL ASSISTANCE SCHEMES PRESENTED BY THE LAND-LOCKED STATES AS MAKE IT POSSIBLE TO REDUCE THE PARTICULAR DIFFICULTIES RESULTING FROM THEIR LAND-LOCKED SITUATION , NOTABLY TRANSPORT , COMMUNICATION AND ENERGY SUPPLY PROBLEMS ;

( B ) THE RESEARCH NEEDED FOR THE DEVELOPMENT OF ENERGY AND MINING RESOURCES AND , WHERE NECESSARY , FOR CARRYING OUT RELEVANT CAPITAL PROJECTS .

6 . THE COMMUNITY , RECOGNIZING THE SPECIAL PROBLEMS OF ISLAND ACP STATES AND IN PARTICULAR THEIR TRANSPORT AN