EN Official Journal of the European Communities L 341/62

COOPERATION AGREEMENT

between the European Community and the Republic of South Africa

THE COUNCIL OF THE EUROPEAN UNION,

of the one part,

THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA,

of the other part,

CONSIDERING the links of friendship between the Member States of the European Community and the Republic of South Africa;

MINDFUL of the common will of the European Community, hereinafter referred to as the ‘Community’ and the Republic of South Africa, hereinafter referred to as ‘South Africa’ to step up cooperation in all the fields which are within the bounds of their respective powers;

NOTING with satisfaction the successful transition towards a democratic and multiracial society in South Africa, and the importance attached to human rights;

TAKING ACCOUNT of the need to promote economic cooperation in the Southern African region to contribute to its harmonious and sustainable economic and social development and to encourage the smooth and gradual integration of South Africa into the world economy;

RECOGNIZING that relations between the Community and South Africa may further be enhanced by future arrangements and without prejudging the contents of those possible contractual arrangements;

BEARING IN MIND the importance of beginning discussions immediately regarding future relations with South Africa, which would also cover trade, in accordance with the Council Decision of 19 April 1994 which included an offer to negotiate a comprehensive and long-term relationship with South Africa, should the new government so request,

THE COUNCIL OF THE EUROPEAN UNION:

Sir Leon BRITTAN

Member of the Commission of the European Communities

THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA:

Thabo Mvuyelwa Mbeki

Executive Deputy President

HAVE AGREED AS FOLLOWS:

Article 1

Relations between the Community, of the one part, and South Africa, of the other part, as well as this Agreement itself, shall be based on respect of human rights and democratic principles which guide the internal and international policy of the Contracting Parties and constitute an essential element of this Agreement.

Article 2

The Contracting Parties desire to strengthen their relations with a view to promoting harmonious, balanced and sustainable social and economic development and, to this end, they hereby agree to step up cooperation in all areas within their respective spheres of competence, including trade.

Article 3

The Contracting Parties do not intend that this Agreement will in any way prejudice discussions or negotiations between them regarding other possible contractual arrangements.

Article 4

The Contracting Parties will, within the limits of their available financial means and within the framework of their respective procedures and instruments, make available funds to facilitate the achievement of the aims set out in this Agreement.

Article 5

This Agreement shall apply, on the one hand, to the territory of South Africa, and, on the other, to the territories in which the Treaties establishing the European Communities are applied and under the conditions laid down in those Treaties.

Article 6

No provision in this Agreement may conflict with any other agreement which exists between either of the Contracting Parties and the countries of the Southern African region. The Contracting Parties furthermore agree that they shall seek ways in which their cooperation could harmonize with, and enhance, the interests of the Southern African region and intra-regional cooperation.

Article 7

1. The Contracting parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

2. If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before doing so, except in circumstances of special urgency, it shall supply the other Party with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the other Party and shall be the subject of consultations if the other Party so requests.

Article 8

This Agreement shall enter into force on the first day of the month following that during which the Contracting Parties have notified each other of the completion of the necessary procedures. It shall be valid for an indefinite period and may be denounced by either of the Contracting Parties if a new agreement enters into force or if one year's notice is given following the entry into force of a new agreement or with prior notification of one year.

Article 9

This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each text being equally authentic.