COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 23.01.1996 
COM(95)707 final 
96/0023 (AVC) 
Draft Council and Commission Decision (EC/ECSQ 
concerning the conclusion of the Agreement amending 
the fourth ACP-EC Convention 

Explanatory Memorandum 
The purpose of the annexed draft Decision is to enable the Council of the European 
Union and the Commission of the European Communities to conclude on behalf of the 
two Communities concerned (the EC and the ECSC) the Agreement amending the fourth 
ACP-EC Convention (Lomé) signed in Mauritius on 4 November this year. 
The Decision will enable the Community to deposit, in due order, the act notifying 
conclusion of the Agreement - a procedure required for the Convention to enter into 
force, as can be seen from Articles 360 and 366 of the Convention taken in conjunction 
The Commission as well as the Council is concluding this Agreement because the 
Protocol on ECSC products has been incorporated in the text of the Convention itself and 
Commission holds certain powers under the ECSC Treaty (this corresponds to the formula 
used for the signing of the Convention). Also, the amendments to the rules of origirr 
added in the Agreement revising the Convention apply to these products 
In practice there should be a single act concluding the Agreement and the President of 
the Council alone should notify its conclusion. 
A 
Draft Council and Commission Decision (EC/ECSC) 
concerning the conclusion of the Agreement amending the 
fourth ACP-EC Convention 
THE COUNCIL OF THE EUROPEAN UNION, 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Coal and Steel Community, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 238 thereof, 
Having regard to the assent of the European Parliament,1 
Whereas the Agreement amending the fourth ACP-EC Convention, signed in Mauritius 
on 4 November 1995, should be approved, 
HAVE DECIDED AS FOLLOWS: 
Article 1 
The Agreement amending the fourth ACP-EC Convention, the Protocols and declarations 
annexed thereto and the declarations attached to the Final Act are hereby approved on 
behalf of the European Coal and Steel Community and the European Community. 
The texts of the Agreement, the Protocols and declarations annexed thereto and the Final 
Act are attached to this Decision. 
Article 2 
The President of the Council shall deposit the act of notification provided for in 
Article 360 of the Convention for the European Coal and Steel Community and the 
European Community. 
Done at Brussels, 
For the Council For the Commission 
The President The President 
OJ NoC 
I 
AGREEMENT 
AMENDING THE FOURTH ACP-EC 
CONVENTION OF LOMÉ 
signed in Mauritius on 4 November 1995 
PREAMBLE 
HIS MAJESTY THE KING OF THE BELGIANS, 
HER MAJESTY THE QUEEN OF DENMARK, 
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, 
THE PRESIDENT OF THE HELLENIC REPUBLIC, 
HIS MAJESTY THE KING OF SPAIN, 
THE PRESIDENT OF THE FRENCH REPUBLIC, 
THE PRESIDENT OF IRELAND, 
THE PRESIDENT OF THE ITALIAN REPUBLIC, 
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, 
HER MAJESTY THE QUEEN OF THE NETHERLANDS, 
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, 
THE PRESIDENT OF THE PORTUGUESE REPUBLIC, 
THE PRESIDENT OF THE REPUBLIC OF FINLAND, 
HIS MAJESTY THE KING OF SWEDEN, 
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND 
NORTHERN IRELAND, 
Contracting Parties to the Treaty establishing the European Coal and Steel Community and 
the Treaty establishing the European Community, hereinafter referred to as "the 
Community", the States of the Community being hereinafter referred to as "Member 
States", 
and 
THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN 
COMMUNITIES, 
of the one part, and 
THE PRESIDENT OF THE REPUBLIC OF ANGOLA, 
HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA, 
THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS, 
THE HEAD OF STATE OF BARBADOS, 
HER MAJESTY THE QUEEN OF BELIZE, 
THE PRESIDENT OF THE REPUBLIC OF BENIN, 
THE PRESIDENT OF THE REPUBLIC OF BOTSWANA, 
r 
THE PRESIDENT OF BURKINA FASO, 
THE PRESIDENT OF THE REPUBLIC OF BURUNDI, 
THE PRESIDENT OF THE REPUBLIC OF CAMEROON, 
THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE, 
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC, 
THE PRESIDENT OF THE ISLAMIC FEDERAL REPUBLIC OF THE COMOROS, 
THE PRESIDENT OF THE REPUBLIC OF THE CONGO, 
THE PRESIDENT OF THE REPUBLIC OF THE CÔTE D'IVOIRE, 
THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI, 
THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA, 
THE PRESIDENT OF THE DOMINICAN REPUBLIC, 
THE PRESIDENT OF THE STATE OF ERITREA, 
THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA, 
THE PRESIDENT OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF FIJI, 
< 
THE PRESIDENT OF THE REPUBLIC OF GABON, 
THE PRESIDENT OF THE REPUBLIC OF GAMBIA, 
THE PRESIDENT OF THE REPUBLIC OF GHANA, 
HER MAJESTY THE QUEEN OF GRENADA, 
THE PRESIDENT OF THE REPUBLIC OF GUINEA, 
THE PRESIDENT OF THE COUNCIL OF STATE OF GUINEA-BISSAU, 
THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA, 
THE PRESIDENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA, 
THE PRESIDENT OF THE REPUBLIC OF HAITI, 
THE HEAD OF STATE OF JAMAICA, 
THE PRESIDENT OF THE REPUBLIC OF KENYA, 
THE PRESIDENT OF 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, 
THE PRESIDENT OF THE REPUBLIC OF MAURITIUS, 
THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE, 
THE PRESIDENT OF THE REPUBLIC OF NAMIBIA, 
THE PRESIDENT OF THE REPUBLIC OF NIGER, 
THE HEAD OF THE FEDERAL REPUBLIC OF NIGERIA, 
THE PRESIDENT OF THE REPUBLIC OF UGANDA, 
HER MAJESTY THE QUEEN OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA, 
THE PRESIDENT OF THE RWANDESE REPUBLIC, 
HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS, 
Ç 
HER MAJESTY THE QUEEN OF SAINT LUCIA, 
HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES, 
THE HEAD OF STATE OF THE INDEPENDENT STATE OF WESTERN SAMOA, 
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SÂO 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, 
HER MAJESTY THE QUEEN OF THE SOLOMON ISLANDS, 
THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC, 
THE PRESIDENT OF THE REPUBLIC OF THE SUDAN, 
THE PRESIDENT OF THE REPUBLIC OF SURINAME, 
HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND, 
THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA, 
THE PRESIDENT OF THE REPUBLIC OF CHAD, 
THE PRESIDENT OF THE TOGOLESE REPUBLIC, 
HIS MAJESTY KING TAUFA'AHAU TUPOU IV OF TONGA, 
THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO, 
HER MAJESTY THE QUEEN OF TUVALU, 
THE GOVERNMENT OF VANUATU, 
THE PRESIDENT OF THE REPUBLIC OF ZAIRE, 
THE PRESIDENT OF THE REPUBLIC OF ZAMBIA, 
THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE, 
whose States are hereinafter referred to as "ACP States", 
of the other part, 
Contracting Parties to the Fourth ACP-EC Convention signed at Lomé on 
15 December 1989, hereinafter referred to as "the Convention", 
y(P 
HAVING REGARD to the Treaty establishing the European Community and the Treaty 
establishing the European Coal and Steel Community, on the one hand, and the 
Georgetown Agreement constituting the group of African, Caribbean and Pacific States, on 
the other, 
HAVING REGARD to the Convention, 
CONSIDERING that Article 366(1) of the Convention lays down that the duration of the 
Convention shall be ten years, starting on 1 March 1990; 
CONSIDERING that, notwithstanding this provision, Article 366(2) of the Convention 
provides for the possibility of amending the Convention by undertaking a mid-term review; 
CONSIDERING that Article 4 of the Financial Protocol to thé Convention provides for the 
conclusion of a new Financial Protocol for the second five-year period covered by the 
Convention; 
DESIROUS of reaffirming their attachment to the principles of freedom, democracy, 
respect for human rights and fundamental freedoms, and the rule of law and wishing to 
make these principles an essential element of the amended Convention; 
CONCERNED about the serious deterioration in the trade performance of the ACP States in 
recent years; 
A 
NOTING that special attention must therefore be paid in ACP-EC cooperation to the 
development of trade, a basic element of all self-reliant development; 
CONSIDERING that, to this end, it is also essential to ensure that all the instruments 
provided for in the Convention are used in an effective, coordinated and consistent 
manner; 
ANXIOUS to increase the quality and effectiveness of ACP-EC cooperation, 
HAVE DECIDED to conclude this Agreement amending the Convention and to this end 
have designated as their Plenipotentiaries: 
HIS MAJESTY THE KING OF THE BELGIANS: 
HER MAJESTY THE QUEEN OF DENMARK: 
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY: 
th 
THE PRESIDENT OF THE HELLENIC REPUBLIC: 
HIS MAJESTY THE KING OF SPAIN: 
THE PRESIDENT OF THE FRENCH REPUBLIC: 
THE PRESIDENT OF IRELAND: 
THE PRESIDENT OF THE ITALIAN REPUBLIC: 
li 
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG: 
HER MAJESTY THE QUEEN OF THE NETHERLANDS: 
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA: 
THE PRESIDENT OF THE PORTUGUESE REPUBLIC: 
THE PRESIDENT OF THE REPUBLIC OF FINLAND: 
11 
HIS MAJESTY THE KING OF SWEDEN: 
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND 
NORTHERN IRELAND: 
THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN 
COMMUNITIES: 
THE PRESIDENT OF THE REPUBLIC OF ANGOLA: 
HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA: 
If 
THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS: 
THE HEAD OF STATE OF BARBADOS: 
HER MAJESTY THE QUEEN OF BELIZE: 
THE PRESIDENT OF THE REPUBLIC OF BENIN: 
THE PRESIDENT OF THE REPUBLIC OF BOTSWANA: 
Ai 
THE PRESIDENT OF BURKINA FASO: 
THE PRESIDENT OF THE REPUBLIC OF BURUNDI: 
THE PRESIDENT OF THE REPUBLIC OF CAMEROON: 
THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE: 
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC: 
M 
THE PRESIDENT OF THE ISLAMIC FEDERAL REPUBLIC OF THE COMOROS: 
THE PRESIDENT OF THE REPUBLIC OF THE CONGO: 
THE PRESIDENT OF THE REPUBLIC OF THE COTE D'IVOIRE: 
THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI: 
THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA: 
M 
THE PRESIDENT OF THE DOMINICAN REPUBLIC: 
THE PRESIDENT OF THE STATE OF ERITREA: 
THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA: 
THE PRESIDENT OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF FIJI: 
THE PRESIDENT OF THE REPUBLIC OF GABON: 
THE PRESIDENT OF THE REPUBLIC OF GAMBIA: 
yrt 
THE PRESIDENT OF THE REPUBLIC OF GHANA: 
HER MAJESTY THE QUEEN 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: 
U> 
THE PRESIDENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA: 
THE PRESIDENT OF THE REPUBLIC OF HAITI: 
THE HEAD OF STATE OF JAMAICA: 
THE PRESIDENT OF THE REPUBLIC OF KENYA: 
THE PRESIDENT OF KIRIBATI: 
M 
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: 
%b 
THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA, 
THE PRESIDENT OF THE REPUBLIC OF MAURITIUS: 
THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE: 
THE PRESIDENT OF THE REPUBLIC OF NAMIBIA, 
THE PRESIDENT OF THE REPUBLIC OF NIGER: 
THE HEAD OF THE FEDERAL REPUBLIC OF NIGERIA: 
V> 
THE PRESIDENT OF THE REPUBLIC OF UGANDA: 
HER MAJESTY THE QUEEN OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA: 
THE PRESIDENT OF THE RWANDESE REPUBLIC: 
HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS: 
HER MAJESTY THE QUEEN OF SAINT LUCIA: 
M 
HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES: 
THE HEAD OF STATE OF THE INDEPENDENT STATE OF WESTERN SAMOA: 
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SÂO TOME AND PRINCIPE: 
THE PRESIDENT OF THE REPUBLIC OF SENEGAL: 
THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES: 
tc 
THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE: 
HER MAJESTY THE QUEEN OF THE SOLOMON ISLANDS: 
THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC: 
THE PRESIDENT OF THE REPUBLIC OF THE SUDAN: 
THE PRESIDENT OF THE REPUBLIC OF SURINAME: 
2^ 
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 TOGOLESE REPUBLIC: 
HIS MAJESTY KING TAUFA'AHAU TUPOU IV OF TONGA: 
&r 
THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO: 
HER MAJESTY THE QUEEN OF TUVALU: 
THE GOVERNMENT OF VANUATU: 
THE PRESIDENT OF THE REPUBLIC OF ZAIRE: 
THE PRESIDENT OF THE REPUBLIC OF ZAMBIA: 
THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE: 
2,% 
WHO, having exchanged their full powers, found in good and due form, 
HAVE AGREED AS FOLLOWS: 
In accordance with the procedure laid down in its Article 366, the Fourth ACP-EC 
Convention shall be amended by the following provisions: 
A. THROUGHOUT THIS CONVENTION: 
1. The term "European Economic Community" shall be replaced by the term "European 
Community", the abbreviation "EEC" by "EC" and the term "Council of the European 
Communities" by the term "Council of the European Union". 
2. The term "Delegate" shall be replaced by the term "Head of Delegation". 
B. THE PREAMBLE: 
3. In the Preamble, the following shall be inserted as a seventh recital: 
"WISHING to strengthen further their links through greater political dialogue and its 
extension to issues and problems of foreign policy and security and those of general 
interest and/or of common interest to a group of countries;". 
Z.H 
C. PART ONE - GENERAL PROVISIONS OF ACP-EC COOPERATION 
4. In Article 4, the following paragraph shall be added: 
"In support of the development strategies of the ACP States, due account shall be 
taken of the objectives and priorities of the Community's cooperation policy and the 
ACP States' development policies and priorities.". 
5. Article 5 shall be replaced by the following: 
"Article 5 
1. Cooperation shall be directed towards development centred on man, the main 
protagonist and beneficiary of development, which thus entails respect for and 
promotion of all human rights. Cooperation operations shall thus be conceived in 
accordance with this positive approach, where respect for human rights is recognized 
as a basic factor of real development and where cooperation is conceived as a 
contribution to the promotion of these rights. 
In this context development policy and cooperation shall be closely linked to respect 
for and enjoyment of fundamental human rights and to the recognition and 
application of democratic principles, the consolidation of the rule of law and good 
governance. The role and potential of initiatives taken by individuals and groups 
shall be recognized in order to achieve in practice real participation of the population 
in the development process in accordance with Article 13. In this context good 
governance shall be a particular aim of cooperation operations. 
^ 
Respect for human rights, democratic principles and the rule of law, which underpins 
relations between the ACP States and the Community and all provisions of the 
Convention, and governs the domestic and international policies of the Contracting 
Parties, shall constitute an essential element of this Convention. 
2. The Contracting Parties therefore reiterate their deep attachment to human 
dignity and human rights, which are legitimate aspirations of individuals and 
peoples. The rights in question are all human rights, the various categories thereof 
being indivisible and inter-related, each having its own legitimacy: non-discriminatory 
treatment; fundamental human rights; civil and political rights; economic, social and 
cultural rights. 
Every individual shall have the right, in his own country or in a host country, to 
respect for his dignity and to protection by the law. 
ACP-EC cooperation shall help abolish the obstacles preventing individuals and 
peoples from actually enjoying to the full their economic, social, political and cultural 
rights and this must be achieved through development which is essential to their 
dignity, their well-being and their self-fulfilment. 
M 
The Contracting Parties hereby reaffirm their existing obligations and commitment in 
international law to strive to eliminate all forms of discrimination based on ethnic 
group, origin, race, nationality, colour, sex, language, religion or any other situation. 
This commitment applies more particularly to any situation in the ACP States or in 
the Community that may adversely affect the pursuit of the objectives of the 
Convention. The Member States (and/or, where appropriate, the Community itself) 
and the ACP States will continue to ensure, through the legal or administrative 
measures which they have or will have adopted, that migrant workers, students and 
other foreign nationals legally within their territory are not subjected to discrimination 
on the basis of racial, religious, cultural or social differences, notably in respect of 
housing, education, health care, other social services and employment. 
3. At the request of the ACP States, financial resources may be allocated, in 
accordance with the rules governing development finance cooperation, to the 
promotion of human rights in the ACP States and to measures aimed at 
democratization, a strengthening of the rule of law and good governance. Practical 
steps, whether public or private, to promote human rights and democracy, especially 
in the legal domain, may be carried out with organizations having internationally 
recognized expertise in this sphere. 
In addition, with a view to supporting institutional and administrative reform, the 
resources provided for in the Financial Protocol for this purpose can be used to 
complement the measures taken by the ACP States concerned, within the framework 
of its indicative programme, in particular at the preparatory and start-up stage of the 
relevant projects and programmes." 
zs. 
6. In Article 6, paragraph 2 shall be replaced by the following: 
"2. The Contracting Parties recognize that priority must be given to environmental 
protection and the conservation of natural resources, which are essential conditions 
for sustainable and balanced development from both the economic and human 
viewpoints. They recognize the importance of promoting, in ACP States, an 
environment favourable to the development of the market economy and of the 
private sector.". 
7. The following Article 6a shall be inserted: 
"Article 6a 
The. Contracting Parties recognize the fundamental importance of trade in energizing 
the development process. The Community and the ACP States therefore agree to 
give high priority to the development of trade with a view to accelerating the growth 
of the ACP States' economies and to integrating them into the world economy in a 
harmonious and gradual manner. In recognition thereof, adequate resources should 
be devoted to the expansion of ACP trade.". 
11 
8. Article 12 shall be replaced by the following: 
"Article 12 
Without prejudice to Article 366a, where the Community intends, in the exercise of 
its powers, to take a measure which might affect the interests of the ACP States as 
far as this Convention's objectives are concerned, it shall inform in good time the 
said States of its intentions. Towards this end, the Commission shall communicate 
simultaneously to the Secretariat of the ACP States its proposals for such measures. 
Where necessary, a request for information may also take place on the initiative of 
the ACP States. 
At their request, consultations shall be held promptly so that account may be taken 
of their concerns as to the impact of those measures before any final decision is 
made. 
After such consultations have taken place, the ACP States may, in addition, transmit 
their concerns in writing to the Community and submit suggestions for amendments 
indicating the way their concerns should be met. 
If the Community does not accede to the ACP States' submissions, it shall advise 
them as soon as possible giving its reasons. 
The ACP States shall also be provided with adequate information on the entry into 
force of such decisions, in advance whenever possible.". 
jy 
9. The following Article 12a shall be inserted: 
"Article 1 2a 
Recognizing the potential for positive contributions by the agents of decentralized 
cooperation to the development of the ACP States, the Contracting Parties agree to 
intensify their efforts to encourage the participation of ACP and Community agents in 
cooperation activities. To this end, the resources of this Convention may be used to 
support decentralized cooperation operations. These operations shall conform to the 
priorities, guidelines and development methods determined by the ACP States.". 
10. The following Article 15a shall be inserted: 
"Article 15a 
Trade development shall be aimed at developing, diversifying and increasing the ACP 
States' trade and improving their competitiveness in their domestic markets, the 
regional and intra-ACP market, and in the Community and international markets. The 
Contracting Parties undertake to use all the means available under this Convention, 
including trade cooperation and those on financial and technical cooperation, for the 
achievement of this objective. They also agree to implement the provisions of this 
Convention in a coherent and coordinated manner.". 
11. Articles 20, 21 and 22 shall be deleted. 
3sr 
12. In Article 30, the following paragraph 3 shall be added: 
"3. In addition, the Council of Ministers shall conduct an enlarged political dialogue. 
To this end, the Contracting Parties shall organize themselves to ensure an effective 
dialogue. 
Such dialogue may also take place outside this framework, with a geographical or 
other composition suited to the subjects under discussion, where the need is felt by 
the Contracting Parties.". 
13. In Article 32, paragraph 1 shall be replaced by the following: 
"1. The Joint Assembly shall be composed of equal numbers of, on the one hand, 
members of the European Parliament on the Community side and, on the other hand, 
members of the Parliament or, failing this, representatives designated by the 
Parliament of the ACP State concerned. In the absence of a Parliament, the 
attendance of a representative shall be subject to prior approval by the Joint 
Assembly.". 
D. PART TWO - THE AREAS OF ACP-EC COOPERATION 
14. In Article 50, the following paragraph 3 shall be added: 
"3. The specific agreements referred to in paragraph 2 shall not put in jeopardy 
production and trade flows in ACP regions.". 
15. In the second paragraph of Article 51, subparagraphs (b), (c) and (e) shall be 
replaced by the following: 
"(b) where products supplied as food aid are sold, they must be sold at a price 
which will not disrupt the domestic market or restrict the development and 
enhancement of regional trade in the products concerned. The resulting 
counterpart funds shall be used to finance the execution or running of projects 
or programmes with a major rural development component; these funds may 
also be used for all legitimate purposes approved by common agreement, taking 
into account Article 226(d); 
(c) where the products supplied are distributed free of charge, they must form part 
of nutrition programmes aimed in particular at vulnerable sections of the 
population or be delivered as remuneration for work and must take account of 
trade flows of the ACP States concerned and within the region; 
(e) as a matter of priority, the products supplied must meet the needs of the 
recipients. In the selection of such products, account should be taken in 
particular of the ratio of cost to specific nutritive value and of the effect the 
choice might have on consumer habits, and on domestic and regional trade 
development;". 
f 
16. Article 87 shall be replaced by the following: 
"Article 87 
1. The Committee of Ambassadors shall appoint the members of a Committee on 
Industrial Cooperation, supervise its operation, and determine its composition and its 
rules of operation. 
2. The Committee on Industrial Cooperation shall review the progress made in the 
implementation of ACP-EC Industrial Cooperation policy. As regards the Centre for 
the Development of Industry, hereinafter referred to as the CDI, the Committee shall 
examine and approve: 
(a) the overall strategy of the CDI; 
(b) the apportionment on an annual basis of the overall financial allocation provided 
for in Article 3 of the Second Financial Protocol; 
(c) the CDI's annual budget and annual accounts. 
3. The Committee on Industrial Cooperation shall report to the Committee of 
Ambassadors. In addition to the duties referred to above, it shall carry out the duties 
laid down in its rules of procedure and such other duties as may be assigned to it by 
the Committee of Ambassadors.". 
3* 
17. Article 88 shall be deleted. 
18. Article 89 shall be replaced by the following: 
"Article 89 
1. The CDI shall help to establish and strengthen industrial enterprises in the 
ACP States, especially by encouraging joint initiatives by economic operators of the 
Community and of the ACP States. The CDI shall exercise selectiveness in 
undertaking its tasks, laying emphasis on opportunities for joint ventures and 
subcontracting. 
2. The CDI shall: 
(a) with a view to ensuring its effectiveness, focus its efforts on ACP States that 
have: 
(i) identified support for industrial development, or for the private sector in 
general, within the framework of Article 281 (2)(b) and (c) in their 
indicative programmes; and/or 
(ii) obtained financial contributions and assistance from other Community 
institutions for the promotion and development of the private and/or the 
industrial sector; 
3? 
(b) carry out its activities in the framework of the implementation of industrial-
development or private-sector support programmes established by the ACP 
States referred to in subparagraph (a) for their indicative programmes; 
(c) step up its operational presence in the States referred to in subparagraph (a), 
particularly with regard to the identification of projects and project promoters 
and to providing assistance for the presentation of such projects to the 
financing institutions; 
(d) give priority to the identification of operators with viable small to medium-sized 
industrial projects and, in the case of those meeting the needs of the ACP 
States concerned, to assisting them in their promotion and implementation. 
3. The Commission, the European Investment Bank (hereinafter referred to as "the 
Bank") and the CDI shall maintain operational cooperation in the context of their 
respective responsibilities. To this end, and to ensure the consistency of Community 
operations in support of the private sector, in general, and the industrial sector, in 
particular, in the ACP States referred to in paragraph 2 (a), the Commission shall, in 
consultation with the Bank and in liaison with the CDI, prepare support programmes 
for these sectors that incorporate guidelines for the strategy to be pursued.". 
# 
19. Article 91 shall be replaced by the following: 
"Article 91 
The CDI shall be headed by a Director assisted by a Deputy Director, recruited on the 
basis of their professional qualifications, technical skills and management experience, 
taking due account of the provisions of Annex XIV, both of whom shall be appointed 
by the Committee on Industrial Cooperation. The management of the CDI shall 
implement the guidelines laid down by the Committee on Industrial Cooperation and 
shall be answerable to the Governing Board.". 
20. Article 92 shall be replaced by the following: 
"Article 92 
1. The Committee on Industrial Cooperation shall appoint the members of the 
Governing Board of the CDI, supervise its operation, and determine its composition 
and its rules of operation. The Board shall be composed of six independent, highly 
qualified persons with considerable experience of industrial cooperation appointed on 
the basis of parity between the ACP and the Community. The Commission, the 
Bank, the ACP Secretariat and the Council Secretariat shall each have a 
representative present at its proceedings as observers. 
41 
2. The Board shall: 
(a) submit to the Committee on Industrial Cooperation, for its consideration and 
approval proposals concerning the CDI's overall strategy, its annual budget and 
its annual accounts which it has adopted on the basis of proposals submitted to 
it by the CDI management; 
(b) approve, on a proposal from the Director of the CDI: multiannual and annual 
programmes of activities, the annual report, the organizational structure, 
staffing policy and establishment plan; 
(c) ensure that the overall strategy and annual budgets approved by the Committee 
on Industrial Cooperation are implemented efficiently and properly by the CDI 
management. 
3. The Board shall in addition to the duties referred to above, carry out the duties 
laid down in its rules of procedure and such other duties as may be assigned to it by 
the Committee on Industrial Cooperation. The Board shall report to the Committee 
on Industrial Cooperation on a periodic basis on issues arising from the discharge of 
the Board's duties.". 
21. In Article 93, paragraph 3 shall be replaced by the following: 
"3. The CDI's Statute, financial and staff regulations and rules of procedure shall be 
adopted by the Council of Ambassadors after the signing of the Second Financial 
Protocol.". 
^ 
22. Articles 94, 95 and 96 shall be deleted. 
23. In Article 1 29, "1." shall be inserted at the beginning of the sole paragraph and the 
following paragraphs 2 and 3 shall be added: 
"2. With a view to contributing to the promotion and development of the ACP 
maritime trade, the contracting parties may, in the framework of the implementation 
of development finance cooperation, give special attention within the existing 
instruments to the facilitation and encouragement of access for ACP maritime 
operators to the resources provided for in this Convention, in particular as regards 
projects and programmes for improving the competitiveness of their maritime 
services. 
3. The Community may give assistance in the form of risk-capital and/or loans by 
the Bank to finance projects and programmes in the sectors set out in this Article.". 
24. Article 135 shall be replaced by the following: 
"Article 135 
With a view to attaining the objectives set out in Article 15a, the Contracting Parties 
shall implement measures for the development of trade at all stages up to final 
distribution of the product. 
^ 
The object is to ensure that the ACP States derive the maximum benefit from the 
provisions of this Convention and may participate under the most favourable 
conditions in the Community, domestic, sub-regional, regional and international 
markets by diversifying the range and increasing the value and the volume of ACP 
States' trade in goods and services. 
To this end the ACP States and the Community undertake to ensure that high priority 
is given to trade development programmes in the context of establishing national and 
regional programmes as provided for in Article 281 and other relevant provisions of 
this Convention.". 
25. In Article 136, paragraphs 1 and 2 shall be replaced by the following: 
"1. In addition to developing trade between the ACP States and the Community, 
particular attention shall be given to operations designed to increase the ACP States' 
self-reliance, develop intra-ACP and international trade and improve regional 
cooperation in trade and services. 
2. Within the instruments provided for in this Convention and in accordance with 
the provisions set out in relation thereto, operations shall be undertaken at the 
request of the ACP States and ACP regions, particularly in the following areas: 
- support for the definition of appropriate macro-economic policies necessary for 
trade development; 
- support for the creation or reform of appropriate legal and regulatory frameworks 
as well as for the reform of administrative procedures; 
M 
the establishment of coherent trade strategies; 
support for ACP States in developing their internal capacities, information 
systems and awareness of the role and importance of trade in economic 
development; 
support for strengthening the infrastructure related to trade and in particular 
support for the ACP States' efforts to develop and improve supportive service 
infrastructure, including transport and storage facilities, in order to ensure their 
effective participation in the distribution of goods and services and in order to 
enhance the flow of exports from the ACP States; 
development of human resources and professional skills in the field of trade and 
services, in particular in the processing, marketing, distribution and transport 
sectors for the Community, regional and international markets; 
support to private sector development and, in particular, to small and 
medium-sized enterprises for product identification and development, market 
outlets and export-oriented joint ventures; 
support for ACP actions aimed at encouraging and attracting private investment 
and joint venture operations; 
the establishment, adaptation and strengthening of organizations in the ACP 
States dealing with the development of trade and services, particular attention 
being paid to the special needs of organizations in the least-developed, landlocked 
and island ACP States; 
UC 
- support for the ACP States' efforts to develop and improve the quality of their 
products, adapt them to market requirements and diversify their outlets; 
- support for the ACP States' efforts to penetrate third country markets more 
effectively; 
- market development measures including increasing contacts and exchange of 
information between economic operators in ACP States, the Member States of the 
Community and in third countries; 
- support for ACP States in the application of modern marketing techniques in 
production-oriented sectors and programmes, in particular in areas such as rural 
development and agriculture.". 
26. In Article 136, paragraph 4, the word "should" shall be replaced by "may" (concerns 
only the English text); 
27. Article 141 shall be replaced by the following: 
"Article 141 
1. The Foundation for ACP-EC Cultural Cooperation and other specialized 
institutions may make a contribution to the implementation of the objectives of this 
Title in their sphere of activity. 
v<r 
2. In respect of cultural cooperation, activities undertaken to this end shall cover 
the following areas: 
(a) studies, research and measures concerning the cultural aspects of taking into 
account the cultural dimension of cooperation; 
(b) studies, research and measures to promote the cultural identities of the ACP 
peoples and all initiatives likely to contribute to intercultural dialogue.". 
28. In Article 1 59, subparagraph (j) shall be replaced by the following: 
(j) support, at the request of the ACP States concerned, for operations and 
structures which promote the coordination of sectoral policies including trade 
development and structural adjustment efforts;". 
29. In Article 164, subparagraph 1 (d) shall be replaced by the following: 
"(d) requests for financing for intra-ACP regional cooperation schemes may be 
submitted by the ACP Council of Ministers, or, by specific delegation, by the 
ACP Committee of Ambassadors. In this context, the Community shall inform 
the ACP States, at the beginning of the period covered by the Second Financial 
Protocol of the amount of financial resources available for intra-ACP regional 
cooperation;". 
H> 
E. PART THREE - THE INSTRUMENTS OF ACP-EC COOPERATION 
30. In Article 167, paragraph 2 shall be replaced by the following: 
"2. In the pursuit of this objective, particular regard shall be had to securing 
effective additional advantages for ACP States' trade with the Community, and to 
improving the conditions of access for their products to the market in order to 
accelerate the growth of their trade and, in particular, of the flow of their exports to 
the Community, and to ensure a better balance in the trade of the Contracting Parties 
and thus accelerate the exports to regional and international markets.". 
31. In Article 177, paragraph 1 shall be replaced by the following: 
"1. Should application of this Chapter result in serious disturbances in a sector of 
the economy of the Community or of one or more of the Member States, or 
jeopardize their external financial stability, or if difficulties arise which may result in a 
deterioration thereof, the Community may take safeguard measures. These 
measures shall be notified immediately to the Council of Ministers.". 
32. In Article 1 78, paragraph 3 shall be replaced by the following: 
"3. However, the prior consultations provided for in paragraphs 1 and 2 shall not 
prevent any immediate decisions which the Community, in accordance with 
Article 177(1), might take where special factors have necessitated such decisions.". 
4* 
33. In Article 181, second paragraph, subparagraph (4) shall be replaced by the 
following: 
"(4) where the Community takes safeguard measures in accordance with Article 
177, 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 177(3).". 
34. In Article 187, paragraph 1, item 24 shall be replaced by the following: 
"24. Fresh bananas 0803 00 11 and 1 9", 
and the following item 50 shall be added: 
"50. Karakul Skins ex 4301 30 00 
ex 4302 13 00 
ex 4302 30 31.". 
35. In Article 193, the following subparagraph 4 shall be added: 
"4. amounts accruing from the application of the first subparagraph of 
Article 366a(3).". 
^ 
36. In Article 194, the following paragraph 5 shall be added: 
"5. Other than the reduction referred to in paragraph 2, there shall be no further 
reduction of the transfer basis as a result of a shortfall in the resources of the system 
if, in the case of least developed or landlocked ACP States, the transfer basis so 
reduced in accordance with paragraph 2 is less than ECU 2 million, or, in the case of 
island States, is less than ECU 1 million.". 
37. Article 203 shall be replaced by the following: 
"Article 203 
1. Should the examination of: 
(a) marketed production in the application year by comparison with the reference 
period; or 
(b) total exports as a share of marketed production over the same period; or 
(c) the share of total exports going to the Community over the same period; or 
(d) the sum of figures referred to in (b) and (c) 
reveal a large decline, consultations shall be held between the Commission and that 
ACP State to determine whether the transfer basis is to be maintained or reduced, 
and if reduced, to what extent. 
2. For the purpose of applying paragraph 1, a decline shall be deemed to be large if 
it is at least 20%.". 
S\ o 
38. In Article 209, paragraph 4 shall be replaced by the following: 
"4. Where there is an adjustment programme in place, including operations 
designed to restructure production and export activities, or to achieve diversification, 
the resources will be used in conformity with these efforts and in order to support 
any consistent reform policy.". 
39. In Article 211, paragraph 1 shall be replaced by the following: 
"1. The transfer shall be made in ecus upon signature of the transfer agreement 
referred to in Article 205(2) into an interest-bearing account in a Member State, for 
which the presentation of two signatures, that of the ACP State and that of the 
Commission, shall be required. Any interest shall be credited to this account.". 
40. In Article 220, the following subparagraph (p) shall be added: 
"(p) provide support for the definition and implementation of trade policies and 
programmes to foster the harmonious and gradual integration of ACP States 
into the world economy.". 
si 
41. In Article 224: 
- subparagraph (d) shall be replaced by the following: 
"(d) budgetary support intended to alleviate domestic financial constraints: 
(i) either directly, for the ACP States whose currencies are convertible and 
freely transferable; 
(ii) or indirectly, from counterpart funds generated by the various 
Community instruments;", 
- subparagraph (i) shall be replaced by the following: 
"(i) the human and material resources supplementary to those borne by the ACP 
States which are strictly necessary for efficient and effective administration 
and supervision of projects and programmes financed by the European 
Development Fund, hereinafter referred to as "the Fund".", 
- the following subparagraph (m) shall be added: 
"(m) support for institutional and administrative reform measures, with a view to 
democratization and the rule of law.". 
•SL 
42. In Article 230, subparagraph 2(g) shall be replaced by the following: 
"(g) agents of decentralized cooperation from ACP States and from the Community, 
to enable them to undertake economic, cultural, social and educational projects 
and programmes in the ACP States in the framework of decentralized 
cooperation.". 
43. In Article 233, paragraph 4 shall be replaced by the following: 
"4. Where financial assistance is granted to the final recipient through an 
intermediary or directly to the final beneficiary in the private sector: 
(a) the terms on which the assistance may be made available by the intermediary 
to the final recipient or directly to the final beneficiary in the private sector shall 
be laid down in the financing agreement or loan contract; and 
(b) any financial benefit accruing to the intermediary from the on-lending 
transaction, or resulting from direct lending operation to the final beneficiary in 
the private sector, shall be used for development purposes, on the conditions 
laid down in the financing agreement or the loan contract, after taking into 
account administrative costs, exchange and financial risks, and the cost of 
technical assistance given to the final recipient.". 
si 
44. In Article 234: 
- the introductory words shall be replaced by the following: 
"1. Risk capital may be deployed in the form of loans, equity participation or 
other quasi-capital assistance", 
- the following subparagraph 1 (b)a shall be inserted: 
"(b)a Quasi-capital assistance may consist of shareholders' advances, 
convertible bonds, loans with participating rights or any other similar form 
of assistance.", 
- subparagraph 1 (c) shall be replaced by the following: 
"(c) The terms of risk capital operations shall depend on the characteristics of 
each project or programme financed and shall in general be more favourable 
than those of subsidized loans. In the case of loans to the ACP or to 
intermediaries the interest rate shall, in any case, be less than 3%.", 
- the following subparagraphs 1(c)a and 1(c)b shall be inserted: 
"(c)a Risk capital resources may be used in support of pre-investment studies 
and technical assistance, as provided for in Article 268(1 )(g). In such 
cases, the loans shall be repaid only if the investment is carried out. 
SH 
(c)b Equity participation or other quasi-capital assistance shall be 
remunerated on the basis of the performance of the project or 
programme considered and profits generated shall be shared between 
the Community and the parties engaged in the said project or 
programme.", 
- subparagraph 2(b) shall be replaced by the following: 
"(b) in the case of risk capital financing for small and medium-sized 
enterprises, hereinafter referred to as "SMEs", the exchange rate risk shall 
be shared by the Community, on the one part, and by the other parties 
involved, on the other. On average, the foreign exchange risk shall be 
, shared equally.". 
45. In Article 235, the following subparagraph (b)a shall be inserted: 
"(b)a in the case of direct financing of the private sector for strictly commercial 
projects, the rate of subsidy referred to in subparagraph (b) shall not apply 
for loans granted to non ACP borrowers or ACP companies with majority non 
ACP shareholding;", 
iT 
46. In Article 236, subparagraph (a) shall be replaced by the following: 
"(a) contribute, through the resources it manages, to the economic and industrial 
development of the ACP States on a national and regional scale; and to this 
end, finance as a priority productive projects and programmes, or other 
investments aimed at promoting the private sector, in industry, agro-industry, 
tourism, mining, energy and in transport and telecommunications linked to 
these sectors. These sectoral priorities shall not exclude the possibility of the 
Bank's financing, from its own resources, productive projects and programmes 
in other sectors, including commercial agriculture;". 
47. In Article 243, "1." shall be inserted at the beginning of the sole paragraph and the 
following paragraph 2 shall be added: 
"2. The ACP States and the Community recognize also the necessity to encourage 
reform programmes at regional level ensuring that, in the preparation and execution 
of national programmes, due consideration is given to regional activities which have 
an influence on national development. To this end, support for structural adjustment 
shall also seek to: 
(a) incorporate, from the beginning of the diagnosis, measures to encourage 
regional integration and take account of the consequences of transborder 
adjustment; 
fC 
(b) support the harmonization and coordination of macro-economic and 
sectoral policies, including fiscal and customs areas, so as to fulfil the 
dual aim of regional integration and of structural reform at national level; 
(c) encourage and support implementation of sectoral reform policies at 
regional level; 
(d) support the liberalization of trade and payments and transborder 
investments.". 
48. In Article 244, subparagraph (c) shall be replaced by the following: 
"(c) assistance shall be supportive of the ACP States' priority development 
objectives such as agricultural and rural development, food security, PMDT, 
trade development and environment protection and contribute to the 
attenuation of the debt burden;". 
49. In Article 246, the introductory phrase of paragraph 1 shall be replaced by the 
following: 
"1. All ACP States shall in principle be eligible for structural adjustment assistance 
depending on the scope of the reforms being undertaken or contemplated at the 
macro-economic or sectoral level, giving consideration to the regional context, their 
effectiveness, and their likely impact on the economic, social and political dimension 
of development, and on economic and social hardships being experienced, as 
reflected by indicators such as:". 
r 
* 
50. In Article 247: 
- paragraph 2 shall be replaced by the following: 
"2. Such support for adjustment effort shall take the form of: 
(a) sectoral or general import programmes in accordance with Articles 224(c) 
and 225; 
(b) budgetary support in accordance with Article 224(d); 
(c) technical assistance related to structural adjustment support programmes.", 
- paragraph 4 shall be replaced by the following: 
"4. Structural adjustment support shall be implemented flexibly by applying the 
following instruments as the circumstances demand: 
(a) General import programme (GIP) in keeping with the approach to structural 
adjustment support laid down in this Convention will usually be the most 
appropriate instrument for countries carrying out macro-economic reforms; 
S~Î 
(b) Budgetary support in order to assist ACP States to improve the 
implementation of their budgets with integrity, efficacy and equity; 
(c) Sector import programme (SIP) could be used for supporting a sectoral 
adjustment programme or in a situation of macro-economic reforms with a 
view to achieving a greater sectoral impact.", 
- the following paragraph 5 shall be added: 
"5. The instruments defined in paragraph 4 can also be used, according to the 
same arrangements to support the ACP States eligible according to Article 246 
implementing reforms aiming at intra-regional economic liberalization which 
generate net transitional costs.". 
51. In Article 248, subparagraph (c) shall be replaced by the following: 
"(c) ensure that the eligibility of ACP economic operators for access to the 
resources of the programme is as wide and transparent as possible, and that 
the procurement procedures accord with the administrative and commercial 
practices in the State concerned, while ensuring the best possible price/quality 
ratio on imported goods and the necessary consistency with progress achieved 
internationally in harmonizing the procedures for supporting structural 
adjustment;". 
S7 
52. In Title III, Chapter 2, the following Section 4a shall be inserted: 
"Section 4a 
Decentralized Cooperation 
Article 251a 
1. With a view to strengthening and diversifying the basis for the long-term 
development of the ACP States, and in order to encourage all agents from the ACP 
States and the Community which are in a position to contribute to the autonomous 
development of the ACP States to put forward and implement initiatives, ACP-EC 
cooperation shall support, within limits laid down by the ACP States concerned, such 
development operations within the framework of decentralized cooperation, in 
particular where they combine the efforts and resources of organizations from the 
ACP States and their counterparts from the Community. This form of cooperation 
shall, in particular, aim at making available for the development of the ACP States 
the capabilities, innovative operating methods and resources of the agents of 
decentralized cooperation. 
<*sz 
2. The agents referred to in this Article are decentralized public authorities, rural and 
village groups, cooperatives, trade unions, teaching and research institutions, non­
governmental development organizations, other associations, groups and agents which, are 
able and wish to contribute to the development of the ACP States on their own initiative, 
provided that the agents and/or the operations are non-profit-making. 
Article 251b 
1. In the framework of ACP-EC cooperation, special efforts shall be made to encourage 
and support the initiatives of the agents from the ACP States and, in particular, to 
reinforce the capabilities of these agents. In this framework the cooperation shall support 
the activities of the ACP agents either on their own or in association with similar agents 
from the Community which make their capabilities, experience, technological and 
organizational capacities or financial resources available to the ACP counterparts. 
2. Decentralized cooperation shall encourage agents from the ACP States and from the 
Community to provide supplementary financial and technical resources for the 
development effort including encouragement of partnerships between such agents. The 
cooperation may provide decentralized cooperation operations with financial and/or 
technical support drawn from the resources provided for by this Convention under the 
conditions laid down in Articles 251c, 251 d and 251 e. 
3. This form of cooperation shall be organized in accordance with the role and the 
prerogative of the public authorities of the ACP States. 
64 
Article 251c 
1. Decentralized cooperation operations may be supported out of the financial resources 
of the indicative programme or from counterpart funds. The extent of the support shall be 
that which is necessary for the successful implementation of the proposed operations 
provided that the viability of the proposed operations has been established in accordance 
with the provisions for development finance cooperation. 
2. Projects or programmes under this form of cooperation may or may not be linked to 
programmes in the sectors of concentration of the indicative programmes, but may be a 
way of achieving the specific objectives of the indicative programme or the results of 
initiatives by decentralized agents. 
Article 251d 
1. Projects and programmes undertaken within the framework of decentralized 
cooperation shall be subject to the approval of the ACP States. These operations shall be 
financed with contributions from: 
(a) the Fund, in which case the contribution shall not normally exceed three-quarters of 
the total cost of each project, or programme, and may not exceed ECU 300 000. 
The amount representing the Fund's contribution shall be drawn from the grant 
allocation of the national or regional indicative programme; 
ft 
(b) the agents of decentralized cooperation, provided that the financial, technical, 
material and other resources brought in by such agents shall not normally be less 
than 25% of the estimated cost of the project/programme; and 
(c) exceptionally, by the ACP State concerned, either in the form of financial 
contribution or through the use of public equipment or the supply of services. 
2. The procedures applicable to projects and programmes financed within the framework 
of decentralized cooperation shall be those laid down in Chapter 5 of this Title, in 
particular, those referred to in Article 290. 
Article 251 e 
In addition to the possibilities offered to the agents of decentralized cooperation in this 
section, in Articles 252 and 253 relating to micro-projects, Article 278(2)(c) on technical 
cooperation schemes and Article 300 on emergency assistance, the ACP States may 
request or may agree to the participation of agents of decentralized cooperation in the 
implementation of other Fund projects and programmes, in particular, those performed by 
direct labour in conformity with Article 299 and other relevant provisions of this 
Convention.". 
a 
53. In Article 254, the following paragraph 3 shall be added: 
"3. Where the funds provided for an operation under this Article are inadequate to 
deal with the emergency situation, part of the resources of the national indicative 
programme, uncommitted due to the inability of the ACP State concerned to sign or 
implement its indicative programme, may be deployed to the benefit of its population 
for emergency assistance, humanitarian assistance or post-emergency rehabilitation 
assistance at the request of the ACP State concerned, or of the ACP States on 
behalf of the ACP State concerned, or by the Community after prior consultation 
with the ACP States.". 
54. In Article 274, the following paragraph 3 shall be added: 
"3. For the purposes of Chapter 5, Section 5 of this Title, "firms of the Member 
States" include firms of the OCT.". 
55. Article 281 shall be replaced by the following: 
"Article 281 
1. At the beginning of the period of application of the Second Financial Protocol: 
(a) each ACP State shall obtain from the Community a clear indication of the total 
indicative programmable financial allocation from which it may benefit during 
that period as well as any other relevant information; 
*V 
(b) each ACP State eligible for the specific resources earmarked for structural 
adjustment support in accordance with Article 246 shall be notified of the 
estimated initial instalment that it may receive; 
(c) each ACP State shall obtain from the Bank a global indication of its own 
resources and of risk capital resources from which it may benefit during that 
period. 
2. Upon receipt of the information referred to in paragraph 1, each ACP State shall 
draw up and submit to the Community a draft indicative programme on the basis of 
and consistent with its development objectives and priorities. The draft indicative 
programme shall contain: 
(a) the priority development objectives of the ACP State concerned at national and 
regional level; 
(b) the focal sector or sectors on which support should be concentrated, with 
emphasis on poverty alleviation and sustainable development, and the 
resources to be deployed for that purpose; 
(c) proposals for private sector and/or industrial sector development for which the 
ACP State envisages that risk capital and other available resources could be 
used; 
/r 
(d) the most appropriate measures and operations for attaining the objectives in the 
focal sector or sectors or, where such operations are not sufficiently well-
defined, the broad outlines of the programmes to support the policies which the 
ACP State has adopted in the selected focal sectors; 
(e) as appropriate, proposals for management of the indicative programme, and the 
support required in accordance with Article 224(i); 
(f) the resources reserved for projects and programmes outside the focal sector or 
sectors, the broad outlines of the elements for multi-annual programmes 
referred to in Article 290, as well, as an indication of the resources to be 
deployed for each of these elements; 
(g) wherever possible, specific and clearly identified national projects and 
programmes, and especially those which constitute a follow-up to existing 
projects and programmes; 
(h) where appropriate, a limited part of the programmable resources not allocated 
to the focal sector which the ACP State proposes to use for structural 
adjustment support; 
(i) any proposals for regional projects and programmes; 
tC 
(j) a timetable for the implementation of the indicative programme, including 
commitments and disbursements; 
(k) the reserve set aside for insurance against possible claims, and to cover cost 
increases and contingencies.". 
56. Article 282 shall be replaced by the following: 
"Article 282 
1. The draft indicative programme shall be the subject of an exchange of views 
between the ACP State concerned and the Community, due regard being given to the 
domestic needs of the ACP States and their sovereign rights to determine their 
development strategies, priorities and models as well as their overall macro-economic 
and sectoral policies. 
2. The indicative programme shall be adopted by agreement between the 
Community and the ACP State concerned on the basis of the draft indicative 
programme proposed by that State, taking account of the principles set out in 
Articles 3 and 4, and shall, when adopted, be binding on both the Community and 
that State. It shall specify, inter alia, all the elements referred to in Article 281 (2) 
and an amount representing 70% of the indicative allocation, save for those ACP 
States for which the size of the indicative amount or the concentration of the 
indicative programme on a single project do not justify separate allocations. 
< '} 
3. The indicative programme shall be sufficiently flexible to ensure that operations 
are kept constantly in line with the objectives and to take account of any changes 
occurring in the economic situation, priorities and objectives of the ACP State 
concerned. It may be revised at the request of the ACP State concerned. It shall be 
reviewed when the ACP State concerned has achieved a high level of commitments 
in the implementation of the programme and, in any case, not later than three years 
after the entry into force of the Second Financial Protocol. 
4. At the end of the review referred to in paragraph 3, the resources required for 
completing the implementation of the indicative programme may be allocated giving 
due consideration to: 
(a) the indicative allocation; 
(b) progress made in the implementation of the elements of the programme referred 
to in Article 281 (2) and the agreed timetable of commitments and 
disbursements, in the light of the annual reports of the Head of Delegation and 
of the National Authorizing Officer referred to in Article 284(3); 
(c) the state of preparation of the activities the ACP State intends to undertake 
within the framework of the second phase of the indicative programme; and 
(d) the specific situation of the ACP State concerned. 
a 
5. Following the review referred to in paragraphs 3 and 4 and, in any case, not later 
than the end of the period of the Second Financial Protocol, any unallocated 
resources remaining from the programmable resources shall be used for financing 
operations falling within the scope of development finance cooperation, notably 
those relating to programmable assistance, save as otherwise decided by the Council 
of Ministers." 
57. Article 283 shall be replaced by the following: 
"Article 283 
The Community and the ACP State concerned shall take all necessary measures to 
ensure that the indicative programme is adopted in the shortest possible time and, 
save in exceptional circumstances within twelve months of the signing of the Second 
Financial Protocol.". 
58. Article 284 shall be replaced by the following: 
"Article 284 
1. Save for funds reserved for emergency assistance, interest rate subsidies and 
regional cooperation, programmable assistance shall comprise grants. 
a 
2. In order to take account of the economic and financial difficulties of the least 
developed countries listed in Article 330, 50% of risk capital shall be assigned 
globally to these countries. In addition, at least 50% of risk capital resources shall 
be used for assisting ACP States which actively endorse and implement measures to 
support investment in the private sector. 
3. The National Authorizing Officer and the Head of Delegation shall draw up and 
submit to the Development Finance Cooperation Committee, within 90 days of the 
end of each calendar year, a report on the implementation of the indicative 
programme. They shall also take the necessary steps to ensure that the timetable of 
commitments and disbursements agreed at the time of programming is adhered to, 
determine the causes of delays in implementation and propose suitable remedial 
measures. The Committee shall examine the reports in accordance with its 
responsibilities and powers under this Convention.". 
59. In Article 287, paragraph 2, the following subparagraph (i) shall be added: 
"(i) the compatibility with the ACP States' trade policies and trade development 
programmes and the impact on their competitiveness in the domestic, regional, 
international and Community markets.". 
i 
60. Article 290 shall be replaced by the following: 
"Article 290 
1. With a view to expediting procedures and in derogation from Articles 288 and 
289, financing decisions may be taken on multi-annual programmes where financing 
concerns: 
(a) training; 
(b) decentralized operations; 
(c) micro-projects; 
(d) trade promotion and trade development; 
(e) sets of operations of a limited scale in a specific sector; 
(f) project/programme management support; 
(g) technical cooperation. 
2. In cases referred to in paragraph 1, the ACP State concerned may submit to the 
Head of Delegation a multi-annual programme setting out its broad outlines, the 
types of actions envisaged and the financial commitment proposed: 
(a) The financing decision on each multi-annual programme shall be taken by the 
Chief Authorizing Officer. The letter from the Chief Authorizing Officer to the 
National Authorizing Officer notifying such decision shall constitute the 
financing agreement within the meaning of Article 291. 
h 
(b) Within the framework of multi-annual programmes thus adopted, the National 
Authorizing Officer or, when the case arises, the agent of decentralized 
cooperation which has been delegated functions for this purpose or, in 
appropriate cases, other eligible beneficiaries shall implement each individual 
action in accordance with the relevant provisions of this Convention and the 
terms of the financing agreement referred to above. Where implementation is 
to be carried out by agents of decentralized cooperation or other eligible 
beneficiaries, the National Authorizing Officer and the Head of Delegation shall 
maintain financial responsibility and monitor the operations regularly with a 
view to enabling them, inter alia, to carry out their obligations under 
paragraph 3. 
3. At the end of each year, the National Authorizing Officer in consultation with the 
Head of Delegation, shall forward a report to the Commission on the implementation 
of the multiannual programmes.". 
61. In Article 294, paragraph 1(a), subparagraphs (i), (ii) and (iii) shall be replaced by the 
following: 
"(i) natural persons, companies or firms or public or semi-public agencies of the 
ACP States and the Member States; 
(ii) cooperative societies and other legal persons governed by public or private law, 
save for those which are non-profit-making, of the Member States and/or the 
ACP States; 
(iii) joint ventures or groupings of ACP States and/or Member State companies or 
firms.". 
?2-
62. In Article 296, subparagraph 1(b) shall be replaced by the following: 
"(b) the competitiveness of contractors, suppliers and consultants from the Member 
States and the ACP States;" 
63. In Article 316, paragraph 1 shall be replaced by the following: 
"1. The Commission shall be represented in each ACP State, or in each regional 
grouping which expressly so requests, by a delegation under the authority of a Head 
of Delegation, with the approval of the ACP State or States concerned." 
64. In Article 317 
- the following paragraph shall be inserted as a new first paragraph: 
"The Head of Delegation shall represent the Commission in all spheres of its 
competence and in all its activities." 
- the introductory part of the second paragraph shall be replaced by the following: 
"With particular reference to co-operation, the Head of Delegation shall have the 
necessary instructions and delegated powers to facilitate and expedite the 
preparation, appraisal and execution of projects and programmes and shall be 
provided with the necessary back-up support to do so. To this end, and in close 
cooperation with the national authorizing officer, the Head of Delegation shall:". 
64a. In Article 331, point 10, add after the first indent the following indent: 
- Article 194(5) 
64b. In Article 331, point 12, add the following indent: 
- Article 284(2) 
64c. In Article 334, point 9, add before the first indent the following indent: 
- Article 194(5) 
64d. In Article 337, point 9, add before the first indent the following indent: 
- Article 194(5). 
}3 
F. PART FIVE-FINAL PROVISIONS 
65. Article 364 shall be replaced by the following: 
"Article 364 
If before the entry into force of the provisions amending this Convention in 
accordance with Article 366(2), the negotiations with South Africa lead to an 
agreement on its accession to this Convention, then, notwithstanding the conditions 
for accession referred to in Article 363, the Council of Ministers shall act on the 
outcome of such negotiations and take a decision on the terms and conditions of the 
accession of that State, having regard to the specific characteristics of South Africa. 
These terms and conditions shall be set out in a special Protocol which shall be an 
integral part of this Convention. 
In case of a positive decision, South Africa shall be added to the States signatory to 
this Convention without further ratification needed by the Signatories of this 
Convention. The decision by the Council of Ministers shall indicate the date of entry 
into force of such accession." 
66. The following Article 364a shall be inserted: 
"Article 364a 
1. Should Somalia ask to accede to this Convention, the Council of Ministers shall 
act on the request and take a decision on that State's accession. 
ft 
2. If the Council of Ministers reaches a favourable decision before the entry into 
force of the provisions amending this Convention, Somalia shall be added to the 
signatories on the same footing as the other signatories. 
3. If the Council of Ministers reaches a favourable decision after the entry into 
force of the provisions amending this Convention, the entry into force of this 
Convention, as amended, in respect of Somalia shall be effective on the first day 
following that on which Somalia lodges its instruments of ratification. The Council 
of Ministers may, however, provide in its decision that certain rights and obligations 
laid down in this Convention shall, in the interest of that country, be applicable to 
Somalia on a different date." 
67. The following Article 366a shall be inserted: 
"Article 366a 
1. Within the meaning of this Article, the term "Party" refers to the Community 
and the Member States of the European Union on the one side, and each ACP 
State, on the other. 
K 
2. If one Party considers that another Party has failed to fulfil an obligation in 
respect of one of the essential elements referred to in Article 5, it shall invite the 
Party concerned, unless there is special urgency, to hold consultations with a view 
to assessing the situation in detail and, if necessary, remedying it. 
For the purposes of such consultations, and with a view to finding a solution: 
- the Community side shall be represented by its Presidency, assisted by the 
previous and next Member States to hold the Presidency, together with the 
Commission; 
the ACP side shall be represented by the ACP State holding the Co-Presidency, 
assisted by the previous and next ACP States to hold the Co-Presidency. Two 
additional members of the ACP Council of Ministers chosen by the party 
concerned shall also take part in the consultations. 
The consultations shall begin no later than 15 days after the invitation and as a rule 
last no longer than 30 days. 
K 
3. At the end of the period referred to in the third subparagraph of paragraph 2 if 
in spite of all efforts no solution has been found, or immediately in the case of 
urgency or refusal of consultations, the Party which invoked the failure to fulfil an 
obligation may take appropriate steps, including, where necessary, the partial or full 
suspension of application of this Convention to the Party concerned. It is 
understood that suspension would be a measure of last resort. 
The party concerned shall receive prior notification of any such measure which shall 
be revoked as soon as the reasons for taking it have disappeared." 
G. SECOND FINANCIAL PROTOCOL 
68. The following Second Financial Protocol shall be applicable during the second five 
year period covered by this Convention: 
"SECOND FINANCIAL PROTOCOL 
Article 1 
1. For the purposes set out in Part Three, Title II, Chapters 1 and 3, and Title III of 
this Convention for a period of five years commencing 1 March 1 995 the overall 
amount of the Community's financial assistance to be made available shall be 
ECU 14 625 million. 
n 
This overall amount shall comprise: 
(a) an amount of ECU 12 967 million from the European Development Fund, of 
which ECU 292 million shall come from unallocated or unusable resources, 
transferred from the previous Funds. This amount shall be allocated as follows: 
(i) for the purposes set out in Articles 220, 221 and 224, ECU 9 592 million 
in the form of grants, including ECU 1 400 million for structural adjustment 
support, which can be complemented, in accordance with Article 
281 (2)(e), as part of long-term development assistance; 
(ii) for the purposes set out in Articles 220, 221 and 224, ECU 1 000 million 
in the form of risk capital; 
(iii) for the purposes set out in Articles 186 to 21 2, ECU 1 800 million in the 
form of grants for the stabilization of export earnings; 
(iv) for the purposes set out in Articles 214 to 219, ECU 575 million in the 
form of grants under the SYSMIN scheme; 
P 
(b) for the purposes set out in Articles 220, 221 and 224, up to ECU 1 658 
million from the Bank in the form of loans made from its own resources in 
accordance with the terms and conditions provided for by its statute. 
These loans shall be subject to the provisions of Article 235 of this 
Convention relating to interest rate subsidies. 
2. The Bank shall administer the loans made from its own resources, including 
interest subsidies, as well as risk capital. All other resources of the Convention shall 
be administered by the Commission. 
Article 2 
For the financing of the assistance referred to in Articles 254 and 255 of this 
Convention: 
(a) a special appropriation of ECU 260 million shall be constituted within the funds 
referred to in Article 1 (a)(i), of which ECU 140 million shall be for the 
assistance referred to in Article 254 and ECU 1 20 million for the assistance 
referred to in Article 255; 
(b) should the special appropriations provided for under one of the aforementioned 
Articles be used up before this Financial Protocol expires, transfers may be 
made from the appropriations provided for in the other Article; 
ft 
(c) on the expiry of this Financial Protocol, appropriations not committed for 
emergency assistance or aid for refugees, returnees and displaced persons shall 
be paid back to the assets of the Fund for the purpose of financing other 
operations coming within the scope of development finance cooperation, save 
as otherwise decided by the Council of Ministers; 
(d) should the special appropriations be used up before this Financial Protocol 
expires, and taking account of other resources from which the ACP States may 
benefit for the same purposes, the ACP States and the Community, within the 
relevant joint institutions, shall adopt appropriate measures to deal with the 
situations referred to in Articles 254 and 255. 
Article 3 
1. Of the grants made available under Article 1 (a)(i), an amount of ECU 1 300 million 
shall be reserved for the financing of the regional projects and programmes of the ACP 
States. 
2. From the resources earmarked under this Article, the Community shall allocate: 
(i) a maximum of ECU 73 million by means of a separate allocation to the 
financing of the budget of the Centre for the Development of Industry; 
K £> 
(ii) an amount not exceeding ECU 4 million for the purposes referred to in 
Annex LXVIII; 
(iii) an indicative amount of ECU 85 million for the financing of regional 
programmes pertaining to trade development as laid down in Article 138; 
(iv) an amount of ECU 80 million for the incentive financing of institutional support 
as laid down in Article 224(m). 
3. The Bank may, from the resources it manages, supplement these resources by 
contributing to the financing of regional projects and programmes. 
Article 4 
Any balance remaining from the Fund that has not been committed or disbursed by the 
end of the last year of application of this Financial Protocol shall be utilized until it has 
been exhausted, in accordance with the same conditions as those laid down in this 
Convention." 
H 
H. PROTOCOL 1 - CONCERNING THE DEFINITION OF THE CONCEPT OF 
"ORIGINATING PRODUCTS" AND METHODS OF ADMINISTRATIVE COOPERATION 
69. In Protocol 1, Tit*» I, Article 5, "10%" shall be replaced by "15%". 
70. In Protocol 1, Title I, Article 6, the following paragraph 5 shall be added: 
"5. At the request of the ACP States, products originating in a neighbouring 
developing country, other than an ACP State, belonging to a coherent 
geographical entity, shall be considered as originating in the ACP State where 
they undergo further working or processing, provided that: 
the working or processing carried out in the ACP State exceeds the 
operations listed in Article 3(3). However, products of Chapter 50 to 63 
of the Harmonized System shall in addition undergo in the ACP State at 
least working or processing as a result of which the product obtained 
receives a classification under a heading of the Harmonized System 
different from that covering the products originating in the 
non-ACP developing country. For products listed in Annex X to this 
Protocol, only the specific processing referred to in column 3 shall apply, 
whether or not it involves a change of heading, 
IL 
- the ACP States, the Community and the other countries concerned have 
concluded an agreement on adequate administrative procedures which will 
ensure correct implementation of this paragraph. 
This paragraph shall not apply to tuna products classified under Harmonized 
System Chapters 3 or 16, rice products of HS code 1006 or the textile 
products listed in Annex XI to this Protocol. 
For the purpose of determining whether the products originate in the 
non-ACP developing country, the provisions of this Protocol shall apply. 
The ACP-EC Council of Ministers shall decide on the ACP requests on the 
basis of a report drawn up by the ACP-EC Customs Cooperation Committee in 
accordance with Article 30." 
71. In Protocol 1, Title II, Article 21, paragraph 1, "ECU 2 820" shall be replaced by 
"ECU 3 140" and in paragraph 2, "30 April 1991" shall be replaced by 
"30 April 1997" and "1 October 1988" by "1 October 1994". 
72. In Protocol 1, Title II, Article 22, paragraph 2, second subparagraph, "ECU 200" and 
"ECU 565" shall be replaced by "ECU 230", and "ECU 630" respectively. 
%'i 
73. In Protocol 1, Title III, Article 31, paragraph 8, the first paragraph shall be replaced 
by the following: 
"8. Upon request derogations concerning canned tuna and tuna loins shall be 
automatically granted, within an annual quota of 4 000 tonnes, for canned tuna, 
and, within an annual quota of 500 tonnes, for tuna loins." 
74. Protocol 1, Title IV shall be replaced by the following: 
"TITLE IV 
CEUTA AND MELILLA 
ARTICLE 32 
Special conditions 
1. The term "Community" used in this Protocol shall not cover Ceuta and Melilla. 
The term "products originating in the Community" shall not cover products 
originating in Ceuta and Melilla. 
2. The provisions of this Protocol shall apply mutatis mutandis in determining 
whether products may be deemed as originating in the ACP States when imported 
into Ceuta and Melilla. 
hi 
3. Where products wholly obtained in Ceuta, Melilla, the OCT or the Community 
undergo working and processing in the ACP States, they shall be considered as 
having been wholly obtained in the ACP States. 
4. Working or processing carried out in Ceuta, Melilla, the OCT or the Community 
shall be considered as having been carried out in the ACP States, when materials 
undergo further working or processing in the ACP States. 
5. For the purpose of implementing paragraphs 3 and 4, the insufficient operations 
listed in Article 3{3)(a), (b), (c), and (d) shall not be considered as working or 
processing. 
6. Ceuta and Melilla shall be considered as a single territory." 
75. In Protocol 1, the following Annexes X and XI shall be added at the end: 
sr 
"ANNEX X 
List of working or processing conferring the character of ACP origin on a product obtained when 
working or processing is carried out on textile materials originating in developing countries referred 
to in Article 6(5) of this Protocol. 
Textiles and textile articles falling within Section XI 
CN Code Description of product Working or processing carried out on non-
originating materials that confers the status of 
originating products 
:D (2) (3) 
ex 5101 
ex 5'103 
ex 5201 
5501 to 
5507 Wool, not carded or 
combed: 
degreased, not 
carbonized 
carbonized 
Waste of wool or of fine 
or coarse animal hair, 
carbonized 
Cotton, not carded or 
combed, bleached 
Man-made staple fibres: 
not carded or 
combed or 
otherwise 
processed for 
spinning 
carded or combed 
or other Manufacture from greasy, including piece-wasted 
wool, the value of which does not exceed 50% 
of the ex-works price of the product 
Manufacture from degreased wool, not 
carbonized, the value of which does not exceed 
50% of the ex-works price of the product 
Manufacture from non-carbonized waste, the 
value of which does not exceed 50% of the ex-
works price of the product 
Manufacture from raw cotton, the value of which 
does not exceed 50% of the ex-works price of 
the product 
Manufacture from chemical materials or textile 
pulp 
Manufacture from chemical materials or textile 
pulp or waste falling within CN code 5505 
U 
(1) 
ex Chapters 
50 to 55 (2) 
Yarn, monofilament and 
thread, other than paper 
yarn: 
printed or dyed 
other 
5601 Woven fabrics, other 
than fabrics of paper 
yarn: 
printed or dyed 
other 
Wadding of textile 
materials and articles 
thereof; textile fibres not 
exceeding 5 mm in 
length (flock), textile 
dust and mill neps (3) 
Manufacture from: 
natural fibres not carded or combed or 
otherwise prepared for spinning, 
grege silk or silk waste, 
chemical materials or textile pulp, or 
man-made staple fibres, filament tow or 
waste of fibres, not carded or combed or 
otherwise prepared for spinning 
or 
Printing or dyeing of yarn or monofilaments, 
unbleached or prebleached (1), accompanied by 
preparatory or finishing operations, twisting or 
texturizing not being considered as such, the 
value of non-originating material (including yarn), 
not exceeding 48% of the ex-works price of the 
product 
Manufacture from: 
natural fibres not carded or combed or 
otherwise prepared for spinning, 
grege silk or silk waste, 
chemical materials or textile pulp, or 
man-made staple fibres, filament tow or 
waste of fibres, not carded or combed or 
otherwise prepared for spinning 
Manufactured from yarn 
or 
Printing or dyeing of unbleached or prebleached 
fabrics, accompanied by preparatory or finishing 
operations (1)(2) 
Manufacture from yarn 
Manufacture from fibres 
Î} 
:D 
5602 (2) 
Felt, whether or not 
impregnated, coated, 
covered or laminated: 
printed or dyed 
5603 Impregnated, 
coated, covered or 
laminated 
other 
Non-wovens, whether or 
not impregnated, coated, 
covered or laminated: 
printed or dyed 
5604 impregnated, 
coated, covered or 
laminated 
other 
Rubber thread and cord, 
textile covered, textile 
yarn and strip, and the 
like falling within CN 
codes 5404 or 5405, 
impregnated, coated, 
covered or sheathed with 
rubber or plastics: 
rubber thread and 
cord, textile 
covered 
other (3) 
Manufacture from fibres 
or 
Printing or dyeing of unbleached or prebleached 
felt, accompanied by preparatory or finishing 
operations (1)(2) 
Impregnation, coating, covering or laminating of 
non-wovens, unbleached (3) 
Manufacture from fibres 
Manufacture from fibres 
or 
Printing or dyeing of unbleached or prebleached 
non-wovens, accompanied by preparatory or 
finishing operations (1)(2) 
Impregnation, coating, covering or laminating of 
non-wovens; unbleached(3) 
Manufacture from fibres 
Manufacture from rubber thread or cord, not textile 
covered 
Impregnation, coating, covering or sheathing of 
textile yarn and strip and the like, unbleached 
n 
(1) 
5607 
5609 
5704 
Chapter 58 (2) 
Twine cordage, rope and 
cables, whether or not 
plaited or braided and 
whether or not 
impregnated, coated, 
covered or sheathed with 
rubber or plastics 
Articles of yarn, strip or 
the like falling within CN 
codes 5404 or 5405, 
twine, cordage, rope or 
cables, not elsewhere 
specified or included 
Carpets and other textile 
floor coverings, of felt, 
not tufted or flocked, 
whether or not made up 
Special woven fabrics; 
tufted textile fabrics; 
lace; tapestries, 
trimmings; embroidery: 
embroidery in the 
piece, in strips or in 
motifs (CN code 
5810) 
printed or dyed 
impregnated, 
coated or covered 
other (3) 
Manufacture from fibres, coir yarn, synthetic 
or artificial filament yarn or monofilament 
Manufacture from fibres, coir yarn, synthetic 
or artificial filament yarn or monofilament 
Manufacture from fibres 
Manufacture in which the value of the 
materials used does not exceed 50% of the 
ex-works price of the product 
Manufacture from yarn 
or 
Printing or dyeing of unbleached or 
prebleached fabrics, felt or non-wovens, 
accompanied by preparatory or finishing 
operations (1)(2) 
Manufacture from unbleached fabrics, felt or 
non-wovens 
Manufacture from yarn 
ss 
(1) 
5901 
5902 
5903 
5904 
5905 
5906 
5907 (2) 
Textile fabrics coated 
with gum or amylaceous 
substances, of a kind 
used for the outer covers 
of books or the like; 
tracing cloth;-prepared 
painting canvas, buckram 
and similar stiffened 
textile fabrics of a kind 
for hat foundations 
Tyre cord fabric of high 
tenacity yarn of nylon or 
other polyamides, 
polyesters or viscose 
rayon 
Textile fabrics, 
impregnated, coated, 
covered or laminated 
with plastics, other than 
those falling within CN 
code 5902 
Linoleum, whether or not 
cut to shape; floor 
coverings consisting of a 
coating or covering 
applied on a textile 
backing, whether or not 
cut to shape 
Textile wall coverings 
Rubberized textile 
fabrics, other than those 
falling within CN code 
5902 
Textile fabrics otherwise 
impregnated, coated or 
covered; painted canvas 
being theatrical scenery, 
studio backcloths or the 
like (3) 
Manufacture from unbleached fabrics 
Manufacture from yarn 
Manufacture from unbleached fabrics 
or 
Printing or dyeing of unbleached or prebleached 
fabrics, accompanied by preparatory or finishing 
operations (1)(2) 
Manufacture from unbleached fabrics, felt or non-
wovens 
Manufacture from unbleached fabrics 
or 
Printing or dyeing of unbleached or prebleached 
fabrics, accompanied by preparatory or finishing 
operations (1)(2) 
Manufacture from bleached knitted or crocheted 
fabrics, or from other unbleached fabrics 
Manufacture from unbleached fabrics 
or 
Printing or dyeing of unbleached or prebleached 
fabrics, accompanied by preparatory or finishing 
operations (1)(2) 
i o 
(1 
5908 
5909 
5910 
5911 
Chapter 60 (2) 
Textile wicks, woven, 
plaited or knitted, for 
lamps, stoves, lighters, 
candles and the like; 
incandescent gas 
mantles and tubular 
knitted gas mantle fabric 
therefor, whether or not 
impregnated 
Textile hosepiping and 
similar textile tubing with 
or without lining, amour 
or accessories of other 
materials 
Transmission or 
conveyor belts or 
belting, of textile 
material, whether or not 
reinforced with metal or 
other material 
Textile products and 
articles, for technical 
uses, specified in Note 7 
to Chapter 59 of the 
combined nomenclature: 
polishing discs or 
rings other than of 
felt 
other 
Knitted or crocheted 
fabrics: 
printed or dyed 
other (3) 
Manufacture from yarn 
Manufacture from yarn or fibres 
Manufacture from yarn or fibres 
Manufacture from yarn, waste fabrics or rags 
falling within CN code 6310 
Manufacture from yarn or fibres 
Manufacture from yarn 
or 
Printing or dyeing of unbleached or prebleached 
fabrics, accompanied by preparatory or finishing 
operations (1)(2) 
Manufacture from yarn 
Hi 
1 
Chapter 61 
ex Chapter 62 
6213 and 6214 (2) 
Articles of apparel and 
clothing accessories, 
knitted or crocheted: 
obtained by sewing 
together or 
otherwise 
assembling, two or 
more pieces of 
knitted or 
crocheted fabric 
which have been 
either cut to form 
or obtained directly 
to form 
other 
Articles of apparel and 
clothing accessories, not 
knitted or crocheted, 
except those falling 
within CN codes 6213 
and 6214 for which the 
rules are set out below: 
finished or 
complete 
unfinished or 
incomplete 
Handkerchiefs, shawls, 
scarves, mufflers, 
mantillas, veils and the 
like: 
embroidered (3) 
Complete making up (4) 
Manufacture from yarn 
Complete making up (4) 
Manufacture from yarn 
other Manufacture from yarn 
or 
Manufacture from unembroidered fabric, 
provided the value of the unembroidered 
fabric used does not exceed 40% of the ex-
works price of the product 
Manufacture from yarn 
* see also the products excluded from the derogation procedure listed in ANNEX XI 
fc 
(1) 
6301 to 
ex 6306 (2) 
Blankets and travelling 
rugs; bed linen, table 
linen, toilet linen and 
kitchen linen; curtains 
(including drapes) and 
interior blinds; curtain 
and bed valances; other 
furnishing articles 
(excluding those falling 
within CN code 9494); 
sacks and bags of a kind 
used for the packing of 
goods; tarpaulins, 
awnings, and camping 
goods: 
- of felt or non-wovens: 
- not impregnated, 
coated, covered or 
laminated 
- impregnated, 
coated, covered or 
laminated 
- other 
- knitted or 
crocheted 
- unembroidered 
- embroidered 
- not knitted or 
crocheted: 
- unembroidered (3) 
Manufacture from fibres 
Impregnation, coating, covering or laminating of 
felt or non-wovens, unbleached (3) 
Complete making up (4) 
Complete making up (4) 
or 
Manufacture from unembroidered knitted or 
crocheted fabric provided the value of the 
unembroidered knitted or crocheted fabric used 
does not exceed 40% of the ex-works price of the 
product 
Manufacture from yarn 
13 
(1) 
6301 to 
ex6306 
(cont'd) 
6307 
6308 (2) 
embroidered 
Other made up textile 
articles (including dress 
patterns), except for fans 
and hand screens, 
nonmechanical, frames 
and handles therefor and 
parts of such frames and 
handles: 
- floor cloths, dish 
cloths, dusters and 
the like 
- other 
Sets consisting of woven 
fabric and yarn, whether 
or not with accessories, 
for making up into rugs, 
tapestries, embroidered 
table cloths or serviettes 
or similar textile articles, 
put up in packings for 
retail sale (3) 
Manufacture from yarn 
or 
Manufacture from unembroidered fabric provided 
the value of the unembroidered fabric used does 
not exceed 40% of the ex-works price of the 
product 
Manufacture from yarn 
Manufacture in which the value of the materials 
used does not exceed 40% of the ex-works price 
of the product 
Incorporation in a set in which the total value of all 
the non-originating articles incorporated does not 
exceed 25% of the ex-works price of the set 
9r 
(1) The term "prebleached", used in the list in Annex X to characterize the level of 
manufacture required when certain non-originating materials are used, applies to 
certain yarns, woven fabrics and knitted or crocheted fabrics which have only 
been washed after the spinning or weaving operation. 
Prebleached products are at an earlier stage of manufacture than bleached 
products, which have undergone several baths in bleaching agents (oxydizing 
agents such as hydrogen peroxyde and reducing agents). 
(2) However, to be regarded as a working or processing conferring origin, 
thermoprinting has to be accompanied by printing of the transfer paper. 
(3) The term "Impregnation, coating, covering or laminating" does not cover those 
operations designed to bind fabrics together. 
(4) The term "complete making-up" used in the list in Annex X means that all the 
operations following cutting of the fabric or knitting or crocheting of the fabric 
directly to shape have to be performed. 
However, making-up shall not necessarily be considered as incomplete where one 
or more finishing operations have not been carried out. 
The following is a list of examples of finishing operations: 
fitting of buttons and/or other types of fastenings, 
making of button-holes, 
finishing off the ends of trouser legs and sleeves or the bottom hemming of 
skirts and dresses, 
fitting of trimmings and accessories such as pockets, labels, badges, etc., 
- ironing and other preparations of garments for sale "ready made". 
Remarks concerning finishing operations - Special cases 
It is possible that in particular manufacturing operations, the accomplishment of 
finishing operations, especially in the case of a combination of operations, is of 
such importance that these operations must be considered as going beyond simple 
finishing. 
In these particular cases, the non-accomplishing of finishing operations will deprive 
the making-up of its complete nature. 
?r 
ANNEX XI 
Textile products excluded from the cumulation procedure with certain developing 
countries referred to in Article 6(5) of this Protocol 
6101 10 90 Jerseys, pullovers, slip-overs, waistcoats, twinsets, 
6101 20 90 cardigans, bed-jackets and jumpers (other than jackets 
6101 30 90 and blazers), anoraks, windcheaters, waister jackets 
and the like, knitted or crocheted 
6102 10 90 
6102 20 90 
6102 30 90 
6110 10 10 
6110 1031 
6110 1035 
6110 1038 
6110 10 91 
6110 1095 
6110 1098 
61102091 
61102099 
611030 91 
61103099 
6203 41 10 Men's or boys' woven breeches, shorts other than 
6203 41 90 swimwear and trousers (including slacks); women's or 
6203 42 31 girls' woven trousers and slacks, of wool, of cotton or 
6203 42 33 of man-made fibres, lower parts of tracksuits with 
6203 42 35 lining, other than category 1 6 or 29, of cotton or of 
6203 42 90 man-made fibres 
6203 43 19 
6203 43 90 
6203 49 19 
6203 49 50 
6204 61 10 
6204 62 31 
6204 62 33 
6204 62 39 
6204 63 18 
6204 69 18 
6211 32 42 
6211 33 42 
6211 42 42 
621143 42 | 
M 
I. PROTOCOL 7 ON BEEF AND VEAL 
76. In Protocol 7, Articles 1, 2 and 4 shall be replaced by the following: 
"Article 1 
Within the limits referred to in Article 2, import duties other than customs duties 
applicable to beef and veal originating in the ACP States shall be reduced by 
92%. 
Article 2 
Without prejudice to Article 4, the reduction in import duties provided for in 
Article 1 shall apply to the following quantities of boneless meat per calendar 
year and per country: 
Botswana 
Kenya 
Madagascar 
Swaziland 
Zimbabwe 
Namibia 18 916 
142 
7 579 
3 363 
9 100 
13 000 tonnes 
tonnes 
tonnes 
tonnes 
tonnes 
tonnes. 
n 
Article 4 
If, in the course of a given year, one of the ACP States referred to in Article 2 is 
not in a position to supply the total quantity fixed and does not wish to benefit 
from the measures referred to in Article 3, the Commission may share out the 
amount to be made up among the other ACP States concerned. In such a case, 
the ACP States concerned shall put forward a proposal to the Commission, not 
later than 1 September of that year, naming the ACP State or States which will 
be in a position to supply the new additional quantity, at the same time indicating 
to it the ACP State which is not in a position to supply the full amount allocated 
to it, on the understanding that this new temporary allocation will not affect the 
initial quantities. 
The Commission shall ensure that a decision is taken by 1 December at the 
latest." 
J. PROTOCOL 10 ON SUSTAINABLE MANAGEMENT OF FOREST RESOURCES 
77. The following Protocol 10 shall be added: 
"PROTOCOL 10 
on sustainable management of forest resources 
1. The Community and the ACP States acknowledge the importance and the 
need for the rational management of forest resources with a view to ensuring a 
long-term sustainable development of forests in ACP States in conformity with the 
Rio Declaration of Principle on the Environment and Development including the 
non-legally binding Forest Principles, the UN framework agreement on climatic 
changes and the Conventions on Biodiversity and Desertification. 
n 
2. Special priority shall be given to actions which support and encourage the 
efforts of ACP States and their organizations to preserve, re-establish and use 
sustainably their forestry resources, including the fight against desertification. 
3. The Community and the ACP States shall concentrate their efforts on actions 
promoting: 
(a) conservation of endangered tropical forests and their biodiversity and 
regeneration of the functions of tropical forests which have been damaged, 
bearing in mind the needs and interests of local populations in the sustainable 
use of forest products, the different actors and factors causing deforestation, 
the need to ensure participation by local populations in the identification, 
planning and implementation of actions, the differences between countries and 
regions and measures to address them, 
(b) development of buffer zones to assist the conservation, regeneration and 
sustainable development of tropical forests, as a part of a broader land 
utilization plan, 
(c) sustainable management of forests destined for the production of timber and 
other products derived therefrom, to ensure that by the year 2000 and based 
on appropriate management plans, these products are derived from sustainable 
sources. Special priority will be given to community based and small scale 
forest operations, 
If 
(d) supporting and developing locally adapted re-afforestation and forest 
management activities as weil as restoring the fertility of degraded forest 
lands, especially in the framework of national and regional campaigns against 
desertification, 
(e) support for institution building in the forestry sector with emphasis on capacity 
building to address the need for training schemes for local populations, forest 
managers and researchers, for legislation, for increased political and social 
support and strengthening of institutions and for organizations and associations 
active in forestry operations, 
(f) development and implementation of action plans at local, national and regional 
level to improve the management, conservation and sustainable development 
of forests, taking into account the causes of deforestation from inside and 
outside the forest sector, 
(g) introduction of a strategic and adaptive research policy aimed at imparting 
knowledge and the planning capacity required for the conservation and 
sustainable management of forests and also for the implementation of research 
monitoring activities in the framework of projects and programmes. 
yt^>o 
4. Acknowledging the importance of timber and timber products for the 
economies of the ACP States, the Community and the ACP States shall 
concentrate within the confines set out above on the following: 
(a) improving the timber trade and marketing from forests under sustainable 
development; 
(b) supporting the definition and development of certification systems for timber 
produced from tropical forests bearing in mind sustainable forest management 
principles as part of envisaged internationally harmonized certification systems 
for all kinds of timber and timber products; 
(c) supporting measures to increase the share of tropical timber and timber 
products from sustainable sources within the overall production of this sector 
in the ACP States with a view to stimulating economic development and 
industrialization in these States and increasing employment prospects and 
export earnings; 
(d) promoting and diversifying international trade in tropical timber from resources 
rendered sustainable through the improvement of the structural characteristics 
of international markets taking account of prices which reflect the cost of 
sustainable management of forests and are at the same time remunerative and 
fair to both parties; 
^<si 
(e) supporting the development of ACP national policies aimed at the sustainable 
utilization and preservation of tropical timber producing forests and their 
genetic resources as well as the maintenance of an ecological balance in the 
regions concerned within the context of the tropical timber trade; 
(f) promoting access to and transfer of technology as well as technical 
cooperation for attaining the objectives of sustainable development. 
5. Acknowledging further the importance of tropical timber for the economies of 
the ACP States with timber producing forests and the imperative need to put an 
end to desertification in many ACP countries and bearing in mind the incremental 
cost of achieving benefits associated with forest preservation and development, 
the Community will support the above activities. To this end the Community will 
in addition to the resources set aside for national indicative programmes, regional 
indicative programmes or all ACP activities and in accordance with the relevant 
provisions, use resources available under the Community budget for this purpose." 
>o ^ 
K. FINAL ACT 
78. In the Final Act, the following Annex Ilia shall be inserted: 
"ANNEX Ilia 
Community declaration on Article 4 
In supporting the development strategies of the ACP States the Community shall, 
in its dialogue with the ACP States, take account of its development objectives 
and priorities, and in particular: 
- the sustainable economic and social development of developing countries, 
especially the poorest among them. In this context the enhancement of human 
resources and the environment shall receive particular attention; 
- their smooth and gradual integration into the world economy, with particular 
emphasis on the revitalization of their economies through the promotion of the 
private sector; 
- poverty alleviation; 
- the development and consolidation of democracy and the rule of law and 
adherence to human rights and fundamental freedoms." 
^/Co 5 
79. In the Final Act, Annex XIV shall be replaced by the following: 
"ANNEX XIV 
Joint declaration on Article 91 : Centre for the Development of Industry (CDI) 
1. The Contracting Parties agree that with regard to the appointment of the Director 
and the Deputy Director of the CDI, the principle of rotation between ACP and 
EC nationals shall be institutionalized. 
2. The rotation shall be effected after a period of five years, which will be the 
maximum duration of the term of office of the Director and Deputy Director appointed 
by the Committee on Industrial Cooperation. 
3. In appointing the Director and Deputy Director, the Contracting Parties shall consult 
on the proposals to be made by either Party, taking cognizance of the joint nature of 
the CDI. 
4. An Advisory Council of the CDI will be set up. Its composition and rules of 
operation shall be determined in the Statute of the CDI." 
/t»i 
80. In the Final Act, Annex XXII shall be replaced by the following: 
"ANNEX XXII 
Joint declaration on Article 141 concerning cultural and social cooperation 
1. Cooperation projects and programmes put forward by the Foundation for 
ACP-EC Cultural Cooperation and other specialized institutions referred to in Article 
141 of this Convention may be eligible, under the conditions set out in Article 
140(2) of this Convention, for financial aid from the Community for their 
implementation. 
2. Any aid accorded by the Community shall be wholly devoted to the financing 
of cultural and social cooperation projects and programmes." 
81. In the Final Act, Annex XL shall be replaced by the following: 
"ANNEX XL 
Joint declaration concerning agricultural products 
referred to in Article 168(2)(a)(ii) 
The Contracting Parties have taken note that the Community intends to take the 
measures mentioned in the Annex, and which are laid down at the date of signing 
of this Convention, with a view to granting ACP States the preferential treatment 
provided for in Article 168(2)(a)(ii) for certain agricultural and processed products. 
They have taken note that the Community declares that it will take all the 
measures required to ensure that the corresponding agricultural regulations are 
adopted in good time and that, wherever possible, they come into force at the 
same time as the interim arrangements which will be introduced after the signing 
of the instrument amending the Fourth ACP-EC Convention. 
^r 
Import treatment applicable to agricultural products 
and foodstuffs originating in the ACP States 
Common organization 
of the market Special treatment for the 
ACP States 
BEEF AND VEAL 
CN Code: 
0102 
0102 
0102 
0102 
0102 
0102 
0201 
0202 
0206 
0206 
0206 
0206 
0206 
0206 
0206 
0210 
0210 
0210 
0210 
1502 
1602 
1602 
1602 
1602 10 00 
90 10 
90 31 
90 33 
90 35 
90 37 
10 91 
10 95 
10 99 
21 00 
22 90 
29 91 
29 99 
20 
90 41 
90 49 
90 90 
00 91 
50 10 
50 90 
90 61 
90 69 Exemption from customs duties for all 
products covered by the common 
organization of the market 
Where, in the course of a year, imports of 
beef and veal falling within CN codes 0201, 
0202, 0206 10 95, 0206 29 91, 1602 50 
10 and 1602 90 61 originating in an ACP 
State exceed a quantity equivalent to that of 
imports into the Community from 1969 to 
1974 inclusive in which the greatest quantity 
of Community imports, for the origin in 
question was recorded, plus an annual 
growth rate of 7%, exemption frQm customs 
duties on the products of that origin shall be 
partially or totally suspended. 
In such cases, the Commission shall report 
to the Council of Ministers of the European 
Union, which acting by a qualified majority 
on a proposal from the Commission shall 
decide on the treatment to be applied to the 
imports concerned. 
yU 
SHEEPMEAT AND GOATMEAT 
CN Code: 
0104 
0204 
0206 80 99 
0206 90 99 
0210 90 11 
0210 90 19 
0210 90 60 
1502 00 99 
1602 90 71 
1602 90 79 
POULTRYMEAT 
CN code: 
0105 1111 
0105 11 19 
0105 11 91 
0105 11 99 
0105 91 00 
0105 19 10 
0105 99 20 
0105 99 30 
0105 19 90 
0105 99 10 
0105 99 50 
0209 00 90 
0210 90 71 
0210 90 79 
1501 00 90 
0207 
1602 31 
1602 39 Exemption from customs duties for all 
products covered by the common 
organization of the market 
Non-application of third-country levy for 
CN codes: 
(a) 0104 10 90 
0104 20 90 
(other than pure-bred breeding animals) 
(b) 0204 
0210 90 11 
0210 90 19 
(other than meat of domestic sheep). 
For this meat, reduction of 65% of the 
levy for an annual quota of 500 tonnes 
16% reduction in customs duties for the 
following products: 
fowls of the species Gallus domesticus 
Geese and turkeys 
Ducks and guinea fowls 
Poultry fat, fresh, chilled or frozen 
Offal of poultry livers 
Poultry fat, rendered 
Reduction of the third-country levy by 65% 
for: 
Poultrymeat within the limits of an 
annual quota of 400 tonnes 
Other prepared or preserved meat and 
poultry offal within the limits of an 
annual quota of 500 tonnes 
^ 
DAIRY PRODUCTS 
CN code: 
0401 10 
0401 20 
0401 30 
0403 10 02 to 
0403 10 36 
0403 90 11 to 
0403 90 69 
0404 10 
0404 90 
0405 00 
2106 90 51 
2309 10 15 
2309 10 19 
2309 10 39 
2309 10 59 
2309 10 70 
2309 90 35 
2309 90 39 
2309 90 49 
2309 90 59 
2309 90 70 
0402 
0406 
EGGS 
CN code: 
0407 00 11 
0407 00 19 
0407 00 30 16% reduction in customs duties for the 
following products: 
Milk and cream, not concentrated nor 
containing added sugar or other 
sweetening matter 
Yogurt, not flavoured nor containing 
added fruit, nuts or cocoa 
Other fermented or acidified milk and 
cream, not flavoured nor containing 
added fruit, nuts or cocoa 
Whey and modified whey 
Products consisting of natural milk 
constituents 
Butter and other fats and oils derived 
from milk 
Lactose syrup, flavoured 
Dog or cat food containing more than 
50% of milk products 
Other preparations of a kind used for animal 
feeding containing more than 50% of milk 
products 
Reduction of third-country levy by 65% for: 
Milk and cream, concentrated or 
containing added sugar within the limits 
of a quota of 1 000 tonnes 
Cheese and curd within the limits of an 
annual quota of 1 000 tonnes 
16% reduction in customs duties for 
products covered by the common 
organization of the markets: 
Poultry eggs 
^>f 
0408 11 80 
0408 19 81 
0408 19 89 — Yolks of birds' eggs 
0408 91 80 
0408 99 80 Birds' eggs 
6. PIGMEAT 
CN code: 
0103 91 10 
0103 92 11 
010392 19 16% reduction in customs duties on the 
following products: 
— Live swine other than pure-bred 
breeding animals 
1501 00 11 
1501 00 19 Lard and other pig fat 
1602 
1602 
1602 
1602 
1602 
1602 
1602 
1602 10 00 
20 90 
41 10 
41 90 
42 10 
49 
90 10 
90 51 — Prepared or preserved meat of swine 
1902 20 30 
0203 
0203 
0203 
0203 
0203 
0203 
0203 
0203 
0203 
0203 
0206 
0206 
0206 
0206 
0209 
0209 11 10 
12 11 
12 19 
19 11 to 
19 59 
21 10 
22 11 
22 19 
29 11 to 
29 59 
30 21 
30 31 
41 91 
49 91 
00 11 
00 19 
0209 00 30 — Pasta stuffed with sausages and the 
like 
50% reduction in customs duty within a 
quota of 500 tonnes: 
— Meat of swine, fresh or chilled 
Meat of swine, frozen 
Offal of domestic swine, fresh or 
chilled 
Offal of domestic swine, frozen 
Pig fat 
Pig fat, other than that falling within 
subheading 0209 00 11 or 
0209 00 19 
MJ 
0210 11 11 to 
0210 11 39 
0210 12 11 Hams, shoulders and cuts thereof, 
with bone in, salted, dried or smoked 
Bellies of domestic swine, salted, 
dried or smoked 
0210 19 10to 
0210 1989 
02109031 
0210 90 39 Other cuts of domestic swine, 
salted, dried or smoked 
Edible flours and meals of offal of 
domestic swine 
1601 00 Reduction of the third-country levy by 
65% within the limits of an annual quota 
of 500 tonnes for: 
— Sausages and similar products of 
meat, meat offal or blood 
7. FISHERY PRODUCTS 
CN code:1 
03 
0511 91 90 
1604 
1605 
1902 20 10 
2301 20 00 Exemption from customs duties for all 
products covered by the common 
organization of the market 
8. SUGAR 
CN code: 
121291 10 
121291 90 
121292 00 
1702 20 10 
1702 20 90 
1702 30 10 
1702 40 10 
1702 60 10 
1702 60 90 
1702 90 30 
1702 90 60 
1702 90 71 
1702 90 90 
2106 90 30 
2106 90 59 
1703 16% reduction in customs duty: this 
reduction will not be applicable when the 
Community, in accordance with its 
Uruguay Round commitments, applies 
additional duties 
Reduction of the third-country levy by 
ECU 0.5/100 kg within the limits of an 
annual quota of 600 000 tonnes for: 
— Molasses 
yùUi 
9. OIL SEEDS AND OLEAGINOUS FRUIT 
CN Code: Exemption from customs duties for al 
products covered by the common 
organization of the market 
120100 90 
1 202 10 90 
1 202 20 00 
1 203 00 00 
1204 00 90 
1205 00 90 
1 206 00 90 
1207 10 90 
1 207 20 90 
1 207 30 90 
1 207 40 90 
1207 50 90 
1 207 60 90 
1207 91 90 
1207 92 90 
1207 99 91 
1207 99 99 
1208 
1504 
1507 
1508 
1509 90 00 
15100090 
1511 
1512 
1513 
1514 
1515 11 00 
1515 19 Exemption from customs duties 
151521 
151529 
151550 
15159021 
1515 90 29 
15159031 
1515 90 39 
151590 40 
15159051 
151590 59 
151590 60 
15159091 
1515 90 99 
151610 
15162091 
151620 99 
15171090 
y(M 
15179091 
151790 99 
15180031 
1518 00 39 
1522 0091 
1522 00 99 
2304 00 00 
2305 00 00 
2306 10 00 
2306 20 00 
2306 30 00 
2306 40 00 
2306 50 00 
2306 60 00 
2306 90 91 
2306 90 93 
2306 90 99 
10. CEREALS 
CN Code: Reduction of the third-country levy by ECU 
1.81/tonne 
0709 90 60 Maize 
071290 19 
1005 10 90 
1005 90 00 
1007 00 Sorghum Reduction of the third-country levy by 
60% within the limit of an annual ceiling 
of 100 000 tonnes and a 50% reduction 
in the duty reintroduced above the 
ceiling. 
1008 20 00 Millet 
Non-application of the third-country levy 
within the limits of an annual ceiling of 
60 000 tonnes and a 50% reduction in 
the duty reintroduced above the ceiling. 
1101 00 00 
1102 10 00 16% reduction in the customs duty 
1103 11 10 
1103 11 90 
1103 21 00 
1001 10 00 
1001 90 91 50% reduction in the customs duty 
1001 90 99 within a quota of 1 5 000 tonnes. 
1002 00 00 
1003 00 10 
1003 00 90 
1004 00 00 
1008 10 00 
^< 
1008 30 00 
1008 90 10 
1008 90 90 
11. RICE 
CN Code: 
1006 10 21 
to 
1006 10 98 
1006 20 
1006 30 Paddy rice 
Husked rice 
Milled rice 
1006 40 00 Broken rice In compliance with common rules, 
reduction of the third-country levy per 
100 kg: 
— for paddy rice, by 65% and ECU 
0.36 
— for husked rice by 65% and ECU 
0.36 
— for wholly milled rice, by the 
component for the protection of the 
processing industry, by 65% and 
ECU 0.54 
— for semi-milled rice, by the 
component for the protection of the 
processing industry converted on the 
basis of the conversion rate for 
wholly milled rice and semi-milled 
rice by 65% and ECU 0.54 
— for broken rice by 65% and 
ECU 0.30 
This exception is valid only if a charge of 
an equivalent amount is levied at the time 
of export by the ACP State concerned. 
Should 1 25 000 tonnes (husked rice 
equivalent) of rice (CN codes 1006 10 21 
to 1006 10 98, 1006 20 and 1006 30) 
and 20 000 tonnes of broken rice (CN 
code 1006 40 00) be exceeded, the 
general third-country arrangement shall 
apply. 
12. CEREAL SUBSTITUTES AND 
PROCESSED CEREAL AND RICE 
PRODUCTS 
CN code: Non-application of the fixed component 
of the third-country levy or the customs 
duty for all products covered by the 
common organization of the market 
0714 
1102 20 
1102 30 00 
1102 90 
1103 12 00 
1103 13 
1103 14 00 
1103 19 
1103 29 
1104 In addition, reduction of the variable 
component of the levy per 100 kg: 
- by ECU 0.181 for CN codes 
0714 1099 and 071490 19 
(manioc, salep and other similar 
roots and tubers with high starch 
content other than arrowroot) 
A<3 
1106 20 
1107 
1108 (excluding 1108 20 00) 
1109 
1702 
1702 
1702 
1702 
1702 
1702 
2106 
2302 
2302 
2302 
2302 
2302 
2303 
2303 
2308 
2308 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 00 00 
30 91 
30 99 
40 90 
90 50 
90 75 
90 79 
90 55 
10 
20 
30 
40 
250 00 
10 
30 00 
10 00 
90 30 
10 11 
10 13 
1031 
10 33 
10 51 
10 53 
90 31 
90 33 
90 41 
90 43 
90 51 
90 53 - by ECU 0.363 for CN 
codes 0714 10 10 and ex 1106 20 
(flours and meal of sago and of 
manioc, salep and other roots and 
tubers falling within CN code 0714, 
other than arrowroot flour and 
meal) 
- by 50% for CN codes 
ex 1108 14 00 and ex 1108 19 90 
(starches, other, other than 
arrowroot starches) 
Non-application of the variable 
component of the third-country levy for 
roots, flour, meal and starch of arrowroot 
falling within CN codes ex 0714 10, 
ex 0714 90 11, ex 1106 20 10, 
ex 1106 20 91 and ex 1106 20 99 
Non-application of the variable 
component for products falling within CN 
codes 0714 10 91 and 0714 90 11 
(including yams) other than arrowroot. 
13. FRESH OR CHILLED FRUIT AND 
VEGETABLES 
CN code: 
0706 90 30 
ex 0706 90 90 
ex 0706 90 90 Exemption from customs duties for the 
following products: 
Horse-radish 
Salad beetroot 
Radishes (Raphanus sativus)), known as 
'mooli' 
ex 0707 00 11 
ex 0707 00 19 Small winter cucumbers 
0708 Leguminous vegetables 
A*1 
0709 30 00 
0709 40 00 
0709 51 90 
0709 60 10 
0709 90 70 
0709 90 90 
0802 31 00 and 
0802 32 00 
0802 50 00 
0802 90 10 
0802 90 90 
0804 30 00 
0804 40 
0404 50 00 
0805 40 00 
0805 30 90 
0805 90 00 
0807 10 
0807 20 00 
0809 40 90 
0810 40 30 
0810 90 
0813 50 30 Aubergines (egg-plants) 
Celery other than celeriac 
Mushrooms, other 
Sweet peppers 
Courgettes 
Other vegetables 
Walnuts, in shell or shelled 
Pistachios 
Pecans 
Other nuts 
Pineapples 
Avocados 
Guavas, mangoes and mangosteens 
Grapefruit 
Limes (Citrus aurantifolia) 
Other citrus fruit 
Melons (including watermelons) 
Pawpaws 
Sloes 
Fruit of the species Vaccinium myrtillus 
Other fresh fruit 
Mixtures exclusively of nuts of headings 
CN codes Nos 0801 and 0802 
Reduction in customs duties on the 
following products: 
yttf 
ex 0702 00 10 
ex 0702 00 10 Tomatoes (other than cherry tomatoes) 
from 15 November to 30 April: reduction 
of the duty by 60% within the limits of a 
quota of 2 000 tonnes 
Cherry tomatoes from 1 5 November to 
30 April: exemption from customs duties 
within the limits of a quota of 2 000 
tonnes 
ex 0703 10 19 
ex 0703 20 00 Onions from 1 February to 1 5 May: 
exemption from the customs duty. 
For the rest of the year, 1 5% reduction in 
the customs duty. 
Garlic from 1 February to 31 May: 
exemption from the customs duty. 
For the rest of the year, 1 5% reduction in 
the customs duty. 
ex 0704 90 90 
ex 0705 11 10 Chinese cabbage from 1 November to 31 
December.exemption from the customs 
duty. 
For the rest of the year, 15% reduction in 
the customs duty. 
Iceberg lettuce from 1 July to 
31 October: exemption from the customs 
duty. 
For the rest of the year, 1 5% reduction in 
the customs duty. 
ex 0706 10 00 Carrots from 1 January to 31 March: 
exemption from the customs duty. 
For the rest of the years, 15% reduction 
in the customs duty. 
ex 0709 10 00 Artichokes from 1 October to 
31 December: exemption from the 
customs duty. 
For the rest of the year, 15% reduction in 
the customs duty. 
ex 0709 20 00 
ex 0804 20 10 Asparagus: 
- exemption from the customs duty 
from 15 August to 1 5 January 
- 40% reduction from 16 January to 
31 January 
- 15% reduction for the rest of the year 
Figs (fresh) from 1 November to 30 April: 
exemption from the customs duty within 
the limits of a quota of 200 tonnes 
ylU 
0805 10 Oranges: 
— exemption from the customs duty 
from 1 5 May to 30 September in 
the framework of a reference 
quantity of 25 000 tonnes 
— above this quantity and throughout 
the year an 80% reduction in the 
customs duty 
0805 20 Mandarins (including tangerines and 
satsumas); clémentines, wilkings and 
other similar citrus hybrids: 
— exemption from the customs duty 
from 1 5 May to 30 September in 
the framework of a reference 
quantity of 4 000 tonnes 
— above this quantity and throughout 
the year an 80% reduction of the 
customs duty 
ex 0806 10 21 
ex 0806 10 29 
ex 0806 10 50 Table grapes: exemption from customs 
duties from 1 December to 31 January 
within the limits of a quota of 400 tonnes 
and from 
1 February to 31 March within the limits 
of a reference quantity of 100 tonnes 
0808 10 Apples: reduction in the customs duty by 
50% within the limits of a quota of 1 
000 tonnes 
ex 0808 20 Pears:reduction in the customs duty by 
65% within the limits of a quota 
of 2 000 tonnes 
ex 0809 10 00 Apricots: exemption from the customs 
duty from 1 September to 30 April. 
For the rest of the year, a 15% reduction 
in the customs duty. 
ex 0809 20 90 
ex 0809 30 00 
ex 0809 40 1 9 
ex 0810 10 90 Cherries: exemption from the customs 
duty from 1 November to 31 March 
Peaches, including nectarines: exemption 
from the customs duty from 1 December 
to 30 March. 
For the rest of the year, a 15% reduction 
in the customs duty. 
Plums: exemption from the customs duty 
from 1 5 December to 31 March. For the 
rest of the year, a 15% reduction in the 
customs duty. 
Strawberries: exemption from the 
customs duty from 1 November to end 
February in the framework of a quota of 
1 600 tonnes. 
sW] 
0810 40 50 
0810 40 90 Reduction of the customs duty to the 
following levels: 
— 3% for fruit of the species 
Vaccinium macrocarpon 
and Vaccinium corymbosum 
— 5% for other fruits of the Vaccinium 
species 
0703 10 90 
0703 90 00 
0704 10 
0704 20 00 
0704 90 10 
0704 90 90 
0705 11 
0705 19 00 
0705 21 00 
0705 29 00 
ex 0706 10 00 
0706 90 11 
0706 90 19 
ex 0707 00 11 
ex 0707 00 19 
0707 00 90 
0709 51 10 
0709 51 30 
0709 51 50 
0709 52 00 
0709 70 00 
0709 90 10 ' 
0709 
0709 
0709 
0802 
0802 
0802 
0802 
0802 
0808 
0810 
0810 
0810 
0801 
0810 90 20 
90 40 
90 50 
11 90 
12 90 
21 00 
22 00 
40 00 
20 90 
20 10 
20 90 
30 10 
30 30 
30 90 16% reduction in customs duties for the 
following products: 
Shallots 
Leeks and other alliaceous vegetables 
Cauliflowers and headed broccoli 
Brussels sprouts 
White cabbages and red cabbages 
Other cabbages 
Cabbage lettuce, except iceberg 
Other lettuce 
Witloof chicory 
Other chicory 
Turnips 
Celeriac 
Winter cucumbers, other than small 
cucumbers 
Gherkins 
Cultivated mushrooms 
Chantarelles 
Flap mushrooms 
Truffles 
Spinach, New Zealand spinach and 
orache spinach 
Salad vegetables other than lettuce and 
chicory 
Chard (or white beet) and cardoons 
Capers 
Fennel 
Almonds, other 
Hazelnuts 
Chestnuts 
Quinces 
Raspberries 
Blackberries and mulberries 
Gooseberries and black-currants 
^// 
14. PROCESSED FRUIT AND 
VEGETABLE PRODUCTS 
CN code: 
ex 0710 (other than 0710 40 00, 
0710 80 10 and 0710 80 59) 
ex 0711 (other than 0711 20, 0711 
90 10 and 0711 90 30) 
ex 0712 (other than 071 2 10 00, 
0712 90 11,0712 90 19 and 
0712 90 90) 
0804 20 90 
0806 20 
0811 
0812 
0813 10 00 
0813 20 00 
0813 30 00 
0813 40 
0813 50 11 
0813 50 19 
0813 50 91 
0813 50 99 
0814 00 00 
0904 20 10 
ex 1302 20 
2001 10 00 
2001 20 00 
200190 10 
2001 90 50 
2001 90 90 
2002 
2003 
2004 10 10 
2004 10 99 
2004 90 30 
2004 90 50 
2004 90 91 
2004 90 95 
2004 90 99 (other than olives) 
ex 2005 (other than 2005 70 00, 
2005 80 00 and 2005 90 10) 
2006 00 
2007 
2008 (other than 2008 1110, 
2008 91 00, 2008 99 85, 2008 99 91 
and 2008 99 99) 
ex 2009 (other than 2009 60) Exemption from customs duties for all 
products covered by the common 
organization of the market 
2007 10 10 In addition, non-application of the fixed 
component and non-levying of the 
additional duty on sugar for the following 
products: 
Jams, fruit jellies, marmalades, fruit or 
nut purée and fruit or nut pastes, being 
cooked preparations: 
— Homogenized preparations 
s*i 
2007 
2007 
2007 
2007 
2007 
2007 
2007 
2007 
2007 99 10 
99 20 
99 31 
99 32 
99 33 
99 35 
99 39 
99 51 
99 59 Jams, fruit jellies, marmalades, fruit 
or nut purée and fruit or nut pastes 
(other than citrus fruit) 
ex 2008 20 
ex 2008 30 
ex 2008 40 
ex 2008*80 
ex 2008 92 
ex 2008 99 
2009 20 11 
2009 20 91 
ex 2009 40 
ex 2009 80 
ex 2009 90 
15. WINE 
CN code: 
2009 60 
2204 30 91 
2204 30 99 
16. UNMANUFACTURED TOBACCO 
CN code: 
2401 Fruit, prepared or preserved, whether or 
not containing added sugar or spirit: 
— Pineapples 
— Grapefruit segments 
— Pears 
— Strawberries 
— Mixtures of pineapple, pawpaw and 
pomegranate 
— Grapes 
— Plums 
— Passionfruit, guava and tamarinds 
— Grapefruit juice 
— Pineapple juice 
— Passionfruit and guava juice 
— Mixtures of pineapple, pawpaw and 
pomegranate juices 
Exemption from customs duties for: 
Unfermented grape juice (including grape 
must) 
Exemption from customs duties 
If serious disruptions occur as a result of 
a large increase in duty-free imports of 
unmanufactured tobacco (CN code 2401) 
originating in the ACP States, or if these 
imports create difficulties which result in 
deterioration of the economic situation of 
a region of the Community, the 
yito 
Community may take the necessary 
safeguard measures pursuant to 
Article 177(1 ) of the Convention, 
including measures to offset deflection of 
trade. 
17. CERTAIN GOODS RESULTING 
FROM THE PROCESSING OF 
AGRICULTURAL PRODUCTS 
CN code: 
0403 10 51 to 
0403 10 99 
0403 90 71 to 
0403 90 99 
0710 40 00 
0711 90 30 
151710 10 
151790 10 
1702 50 00 
1704 (other than 1704 90 10) 
1806 
1901 
1 902 (other than 1902 20 10 and 
1902 20 30) 
1903 
1904 
1905 
2001 90 30 
200190 40 
2004 90 10 
2005 80 00 
ex 2005 90 90 Sweet corn (Zea mays 
var. saccharata) 
2008 99 85 
2008 99 91 
2101 30 19 
2101 30 99 
2102 1031 
2102 1039 
2105 
2106 (other than 2106 10 10 and 
21061091) 
2202 90 91 
2202 90 95 
2202 90 99 
2905 43 00 
2905 44 
3501 (other than 3501 90 10) 
3505 10 (other than 3505 10 50) 
3505 20 
3809 10 Exemption from the fixed component for 
the entire sector of products processed 
from agricultural products [Régulation 
(EEC) No 3033/80] 
JU 
3823 60 
In addition, suspension of the variable 
component for: 
1702 50 00 Chemically pure fructose 
Sugar confectionery (including white 
chocolate) not containing cocoa 
1704 90 30 - White chocolate 
Chocolate and other food preparations 
containing cocoa: 
1806 20 — Preparations in block slabs or bars 
weighing more than 2 kg or in 
liquid, paste, powder, granular or 
other bulk form in containers or 
immediate packings, of a content 
exceeding 2 kg, excluding those 
falling within CN code 1806 20 70 
1806 31 00 - Other, in blocks, slabs or bars, filled 
1806 32 or unfilled 
1806 90 11 — Other chocolate and chocolate 
1806 90 19 products and sugar confectionery 
1806 90 31 and substitutes therefor made from 
1806 90 39 sugar substitution products 
1806 90 50 containing cocoa 
1901 Malt extract, food preparations of flour, 
meal, starch or malt extract, not 
containing cocoa powder or containing 
cocoa powder in a proportion by weight 
of less than 50%, not elsewhere 
specified or included; food preparations 
of goods of CN codes Nos 0401 to 
0404, not containing cocoa powder or 
containing cocoa powder in a proportion 
by weight of less than 10%, not 
elsewhere specified or included (other 
than CN codes 1901 90 11 and 
1901 90 90), not containing milk fats or 
containing milk fats in a proportion by 
weight of less than 1.5%, containing 
50% or more but less than 75% by 
weight of starches 
1903 00 00 Tapioca and substitutes therefor prepared 
from starch, in the form of flakes, grains, 
pearls, sittings or similar forms 
Bread, pastry, cakes, biscuits and other 
1905 bakers' wares, whether or not containing 
cocoa: communion wafers, empty 
cachets of a kind suitable for 
pharmaceutical use, sealing wafers, rice 
paper and similar products: 
Sweet biscuits; waffles and wafers 
ex 1905 30 - Biscuits 
— Rusks, toasted bread and similar 
ex 1 905 40 00 (toasted products other than ships 
biscuits) 
^/2.2_ 
ex 1 905 90 
2008 99 85 
1702 10 10 
1702 10 90 
1702 30 51 
1702 30 59 
2005 20 20 
2005 20 80 
2101 1098 
2102 20 98 
18. SPECIAL ARRANGEMENTS FOR 
IMPORTING CERTAIN AGRICULTURAL 
PRODUCTS ORIGINATING IN THE ACP 
STATES OR THE OCT INTO THE 
FRENCH OVERSEAS DEPARTMENTS 
CN code: 
0102 90 10 Live animals of the 
0102 90 31 domestic bovine 
0102 90 33 species, other than 
0102 90 35 pure-bred breeding 
0102 90 37 animals — Other 
— Biscuits 
Maize (corn), otherwise prepared or 
preserved, not containing added sugar or 
spirit, other than sweet corn (Zea mays, 
var. saccharata) 
16% reduction in customs duties for the 
following products: 
— Lactose and lactose syrup 
— Other sugars containing in the dry 
state 99% or more by weight of 
glucose 
— Potatoes, prepared or preserved, 
other than in the form of flour, meal 
or flakes 
— Other preparations of extracts, 
essences or concentrates of coffee 
— Other preparation of extracts, 
essences or concentrates of tea or 
maté 
Non-application of the third-country levy 
0201 
0202 
0206 10 95 
0206 29 91 Meat of bovine 
animals, fresh chilled 
or frozen Non-application of the third-country levy 
0709 90 60 
0712 90 19 
1005 10 90 
1005 90 90 
0714 1091 
071490 11 Maize 
(including yams) 
19. SPECIAL ARRANGEMENTS FOR 
IMPORTS OF RICE INTO REUNION Non-application of the third-country 
levy. Necessary measures against 
disturbances of the Community market 
should imports exceed 25 000 tonnes 
per annum 
Non-application of the third-country levy 
within the limits of an annual quota of 
2 000 tonnes 
Non-application of the third-country levy 
J12 
82. In the Final Act, Annex XLVI shall be replaced by the following: 
"ANNEX XLVI 
STABEX 
Joint declaration on Articles 210 and 211 
Pursuant to the decision of the ACP-EC Council of Ministers of 21 May 1992 in 
Kingston, Jamaica, and with a view to avoiding difficulties in the rapid inception and 
implementation of the Framework of Mutual Obligations, the Contracting Parties agree 
to use all appropriate means including information seminars, appropriate technical 
assistance, etc. within the framework of Development Finance Cooperation." 
83. In the Final Act, Annex LIV shall be replaced by the following: 
"ANNEX LIV 
Joint declaration on Article 294 
The definition of the concept of "originating" products for the purpose of 
implementing Article 294 shall be assessed by reference to the relevant international 
agreements. For the purpose of implementing Article 294, supplies originating in the 
Community shall include supplies originating in the OCT." 
84. In the final Act, in Annex LXVIII, in paragraph 1, the following expression shall be 
deleted: 
— "(excluding its general sessions)". 
85. In the Final Act, the following Annexes LXXIX to LXXXIX shall be added: 
yHH 
"ANNEX LXXIX 
Joint declaration on Articles 1 56(4), 1 57(1 ) and 158(1 )(d) and (h), 
concerning regional cooperation 
Reference in these Articles to overseas territories and departments shall include the Canary 
Islands, the Azores and Madeira. 
ANNEX LXXX 
Joint declaration on the consultation and information of agents of development 
With a view to encouraging the participation of the agents of decentralized cooperation in 
Fund projects and programmes and to ensuring that their initiatives are taken into account 
in the formulation and in the implementation of indicative programmes, ACP States will 
endeavour to organize exchanges of views with such agents. The ACP States and the 
Commission will also endeavour to provide information necessary for their participation in 
the implementation of the programmes. 
ANNEX LXXXI 
Community declaration on Article 281(1) 
The notification of the indicative amount referred to in Article 281 (1) will not apply to the 
ACP States with whom the Community has suspended its cooperation. 
JiC 
ANNEX LXXXII 
Joint declaration on implementation procedures 
With regard to the implementation procedures, in particular: 
- the award of contracts; and 
- the role of the executing agents, 
the Ministerial Conference calls on the ACP-EC Council of Ministers through the 
Development Finance Cooperation Committee to deepen its examination of these 
procedures and, where appropriate, to adapt them during the period of application of the 
Second Financial Protocol. 
In addition, the Ministerial Conference recognizes that in order to improve the finalization 
of financing proposals, additional information may be required. In this regard, the 
Ministerial Conference calls on the ACP-EC Council of Ministers to establish the necessary 
arrangements for providing within the framework of this Convention the necessary 
resources required, where the Commission's own resources and the interest accruing from 
EDF resources are inadequate. 
ANNEX LXXXIII 
Joint declaration on Article 366a 
1. In the practical application of this Convention, the Contracting Parties will not have 
recourse to the provision of "special urgency" in Article 366a, other than in exceptional 
cases of particularly serious and flagrant violations that, because of the response time 
required, render any prior consultation impossible. 
y(U 
2. In the event that either Contracting Party has resort to this measure, the relevant Party 
undertakes to make arrangements to consult with the other expeditiously with a view to 
assessing the situation in detail and, if necessary, remedying it. 
ANNEX LXXXIV 
Community declaration on debt 
The Community reaffirms its willingness to contribute constructively and actively to the 
alleviation of the debt burden of the ACP States. 
In this context, it agrees to transform into grants all the special loans of the previous 
Conventions which have not yet been committed. 
The Community also confirms its determination to pursue the discussion of these 
questions in the appropriate fora, taking into account the specific difficulties of the ACP 
States. 
ANNEX LXXXV 
Community declaration on Article 2(d) of the Second Financial Protocol 
The specific resources provided for in the Second Financial Protocol for emergency 
assistance may be supplemented, for the duration of the Second Financial Protocol, by an 
additional amount of ECU 160 million from the Community budget. 
/ti: f 
ANNEX LXXXVI 
Joint declaration on cumulation 
The Contracting Parties agreed that, for the implementation of Article 6(5) of Protocol 1, 
the following definitions shall apply: 
developing country: any country listed as such by the Development Aid Committee of the 
OECD and the Republic of South Africa except the High Income Countries (HIC) and the 
countries with a GNP exceeding in 1992 100 billion dollars at current prices; 
the expression "neighbouring developing country belonging to a coherent geographical 
entity" shall refer to the following list of countries: 
- Africa: Algeria, Egypt, Libya, Morocco, Tunisia and on an ad hoc basis, South 
Africa; 
- Caribbean: Colombia, Costa Rica, Cuba, El Salvador, Guatemala, Honduras, 
Nicaragua, Panama, Venezuela; 
- Pacific: Nauru. 
/lit 
ANNEX LXXXVII 
Joint declaration on fishery products 
The Contracting Parties agree that the Customs Cooperation Committee shall, at the 
earliest opportunity, examine in a positive manner difficulties which arise from the 
application of the provisions of Article 2(2) of Protocol 1. The Customs Cooperation 
Committee shall report to the Council of Ministers within one year of the entry into force 
of these provisions. 
ANNEX LXXXVIII 
Joint declaration on bananas 
Special attention shall be granted, when determining the volume of programmable 
assistance to ACP bananas suppliers to the Community, where external circumstances 
beyond their control have led to the need for restructuring, concerning also the banana 
sector. 
ANNEX LXXXIX 
Joint declaration relating to Protocol 10 
The Contracting Parties agree to cooperate in the implementation of the provisions of 
Protocol 10 to take into account internationally harmonized criteria and indicators on 
sustainable management of forests." 
or. 
ynj 
FINAL ACT 
FINAL ACT 
The plenipotentiaries of: 
HIS MAJESTY THE KING OF THE BELGIANS, 
HER MAJESTY THE QUEEN OF DENMARK, 
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, 
THE PRESIDENT OF THE HELLENIC REPUBLIC, 
HIS MAJESTY THE KING OF SPAIN, 
THE PRESIDENT OF THE FRENCH REPUBLIC, 
THE PRESIDENT OF IRELAND, 
THE PRESIDENT OF THE ITALIAN REPUBLIC, 
yiv 
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, 
HER MAJESTY THE QUEEN OF THE NETHERLANDS, 
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, 
THE PRESIDENT OF THE PORTUGUESE REPUBLIC, 
THE PRESIDENT OF THE REPUBLIC OF FINLAND, 
HIS MAJESTY THE KING OF SWEDEN, 
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND 
NORTHERN IRELAND, 
SI1Z-
Contracting Parties to the Treaty establishing the European Coal and Steel Community and 
the Treaty establishing the European Community, hereinafter referred to as "the 
Community", the States of the Community being hereinafter referred to as "Member 
States", 
and of the COUNCIL OF THE EUROPEAN UNION and the COMMISSION OF THE 
EUROPEAN COMMUNITIES, 
of the one part, and 
The plenipotentiaries of: 
THE PRESIDENT OF THE REPUBLIC OF ANGOLA, 
HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA, 
THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS, 
THE HEAD OF STATE OF BARBADOS, 
HER MAJESTY THE QUEEN OF BELIZE, 
THE PRESIDENT OF THE REPUBLIC OF BENIN, 
THE PRESIDENT OF THE REPUBLIC OF BOTSWANA, 
THE PRESIDENT OF BURKINA FASO, 
THE PRESIDENT OF THE REPUBLIC OF BURUNDI, 
^iJ 
THE PRESIDENT OF THE REPUBLIC OF CAMEROON, 
THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE, 
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC, 
THE PRESIDENT OF THE ISLAMIC FEDERAL REPUBLIC OF THE COMOROS, 
THE PRESIDENT OF THE REPUBLIC OF THE CONGO, 
THE PRESIDENT OF THE REPUBLIC OF THE CÔTE D'IVOIRE, 
THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI, 
THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA, 
THE PRESIDENT OF THE DOMINICAN REPUBLIC, 
THE PRESIDENT OF THE STATE OF ERITREA, 
THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA, 
THE PRESIDENT OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF FIJI, 
THE PRESIDENT OF THE REPUBLIC OF GABON, 
THE PRESIDENT OF THE REPUBLIC OF GAMBIA, 
THE PRESIDENT OF THE REPUBLIC OF GHANA, 
'jfAV 
HER MAJESTY THE QUEEN 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 CO-OPERATIVE REPUBLIC OF GUYANA, 
THE PRESIDENT OF THE REPUBLIC OF HAITI, 
THE HEAD OF STATE OF JAMAICA, 
THE PRESIDENT OF THE REPUBLIC OF KENYA, 
THE PRESIDENT OF 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, 
^/sr 
THE PRESIDENT OF THE REPUBLIC OF MAURITIUS, 
THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE, 
HE PRESIDENT OF THE REPUBLIC OF NAMIBIA, 
THE PRESIDENT OF THE REPUBLIC OF NIGER, 
THE HEAD OF THE FEDERAL REPUBLIC OF NIGERIA, 
THE PRESIDENT OF THE REPUBLIC OF UGANDA, 
HER MAJESTY THE QUEEN OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA, 
THE PRESIDENT OF THE RWANDESE REPUBLIC, 
HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS, 
HER MAJESTY THE QUEEN OF SAINT LUCIA, 
HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES, 
THE HEAD OF STATE OF THE INDEPENDENT STATE OF WESTERN SAMOA, 
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SÂO TOME AND PRÎNCIPE, 
THE PRESIDENT OF THE REPUBLIC OF SENEGAL, 
THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES, 
yiti 
THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE, 
HER MAJESTY THE QUEEN OF THE SOLOMON ISLANDS, 
THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC, 
THE PRESIDENT OF THE REPUBLIC OF THE SUDAN, 
THE PRESIDENT OF THE REPUBLIC OF SURINAME, 
HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND, 
THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA, 
THE PRESIDENT OF THE REPUBLIC OF CHAD, 
THE PRESIDENT OF THE TOGOLESE REPUBLIC, 
HIS MAJESTY KING TAUFA'AHAU TUPOU IV OF TONGA, 
THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO, 
HER MAJESTY THE QUEEN OF TUVALU, 
THE GOVERNMENT OF VANUATU, 
THE PRESIDENT OF THE REPUBLIC OF ZAIRE, 
THE PRESIDENT OF THE REPUBLIC OF ZAMBIA, 
THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE, 
sltf 
whose States are hereinafter referred to as "ACP States", 
of the other part, 
meeting in Mauritius, this for the signing of the Mauritius 
Agreement amending the Fourth ACP-EC Convention of Lomé, have adopted the following 
texts: 
the Mauritius Agreement amending the Fourth ACP-EC Convention of Lomé, 
and the Protocols and texts of the declarations listed below which are set out in the 
Final Act of the Convention: 
Second Financial Protocol 
Protocol 1 concerning the definition of the concept of "originating products" and methods 
of administrative cooperation 
Protocol 7 on beef and veal 
Protocol 10 on sustainable management of forest resources 
Annex XIV Joint declaration on Article 91 : Centre for the Development of Industry (CDI) 
Annex XXII Joint declaration on Article 141 concerning cultural and social cooperation 
m 
Annex XL Joint declaration concerning agricultural products referred to in 
Article 168(2)(a)(ii) 
Annex XLVI Joint declaration on Articles 210 and 211 
Annex LIV Joint declaration on Article 294 
Annex LXXIX Joint declaration on Articles 156(4), 157(1 ) and 1 58(1 )(d) and (h), 
concerning regional cooperation 
Annex LXXX Joint declaration on the consultation and information of agents of 
development 
Annex LXXXII Joint declaration on implementation procedures 
Annex LXXXIII Joint declaration on Article 366(a) 
Annex LXXXVI Joint declaration on cumulation 
Annex LXXXVII Joint declaration on fishery products 
Annex LXXXVIII Joint declaration on bananas 
Annex LXXXIX Joint declaration relating to Protocol 10 
^3? 
The plenipotentiaries of the Member States and of the Community and the 
plenipotentiaries of the ACP States have also agreed to annex to this Final Act the 
declaration listed below: 
Joint declaration on trade development 
The plenipotentiaries of the ACP States have taken note of the declarations listed below 
which are set out in the Final Act of the Convention: 
Annex Ilia Community declaration on Article 4 
Annex LXXXI Community declaration on Article 281 (1 ) 
Annex LXXXIV Community declaration on debt 
Annex LXXXV Community declaration on Article 2(d) of the Second Financial Protocol 
[The plenipotentiaries of the Member States and of the Community have taken note of the 
declarations listed below and annexed to this Final Act:] 
Done in Mauritius, 
^//> 
Joint declaration on trade development 
THE REPRESENTATIVES OF THE ACP STATES^THE EUROPEAN COMMUNITY AND ITS 
MEMBER STATES, meeting in Mauritius for the signing of the Mauritius Agreement 
amending the Fourth ACP-EC Convention of Lomé; 
CONCERNED about the serious deterioration of trade performance of ACP States over the 
last twenty years; 
RECOGNIZING, on the other hand, the crucial importance of trade for any self-sustained 
development; 
CONSIDERING it essential to ensure that effective use is made of all the instruments 
provided for by the Convention to develop trade; 
CONSIDERING further that the improvement in the competitiveness of the ACP States 
constitutes the key to any future success in trade development; 
CONSIDERING finally that trade development is crucial for the achievement of a smooth 
and gradual integration of the economies of the ACP States into the world economy 
thereby promoting sustainable economic and social development and contributing to the 
alleviation of poverty in these States; 
sit I 
REAFFIRM THEIR COMMITMENT TO: 
the according of priority to trade development in the context of national and regional 
programmes of ACP-EC cooperation under the new Financial Protocol of the 
Eighth EDF; 
the definition and implementation of coherent trade policies and strategies in line with 
the comparative advantages and priorities set by each individual ACP State; 
the improvement of the macro-economic and regulatory framework in the ACP States 
necessary for trade development; 
the establishment and strengthening of the physical and organizational infrastructure 
for trade and private investment with a view to enhancing the competitiveness of 
ACP goods and services in the national, regional and international markets; 
the coordinated deployment of all available instruments of cooperation in support of 
the production, distribution and marketing of ACP goods; 
the general principle that on the level of individual projects each measure shall be 
assessed as to its compatibility with its contribution to the improvement of the 
competitiveness of the economies of the ACP States. 
The Council of Ministers shall review progress towards the attainment of these objectives 
every two years. 
si ft 

ISSN 0254-1475 
COM(95) 707 final 
DOCUMENTS 
EN ll 
Catalogue number : CB-CO-95-758-EN-C 
ISBN 92-77-98647-6 
Office foi Official Publications of the European Communities 
L-298S Luxembourg