COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 460 f mal 
Brussels, 29 September 1993 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 
South Africa and the European Coaaunlty: 
Guidelines for a Policy to 
Support the Transition to Deaocracy 

South Africa and the European Community 
Guidelines for a Policy to 
Support the Transition to Democracy 
INTRODUCTION 
1. The European Community and its Member States have remained, over 
the years, committed to the total abolishment of the system of 
apartheid, by peaceful means, and to its replacement by a 
democratic, united and non-racial system of government in which all 
South Africans can participate in peace and harmony, regardless of 
colour and race. 
To this end, the European Community developed a two-track approach 
to South Africa: mounting pressure on the South African 
government, through sanctions and by other political means linked 
to a programme of positive support to the victims of apartheid 
through non-governmental organisations. The progress achieved in 
the constitutional negotiations has opened-up the possibility of 
developing a more integrated EC policy targeted on the creation and 
strengthening of democratic structures; on the encouragement of 
sustainable economic policies; on the progressive integration of 
South Africa into the world economy; and on the continuing support 
to the development of historically marginalised communities. 
2. Following the repeal of statutory apartheid, the agreement on a 
date for the first fully democratic election, and the approval of 
the necessary transitional legislation by the South African 
Parliament, South Africa will have removed the legal and 
constitutional obstacles to the creation of a democratic society. 
The rationale for maintaining sanctions, therefore, has largely 
disappeared and the Community, along with its partners, can move 
ahead on the progressive normalisation of relations. 
The Community and its Members States have set out the political 
framework for the progressive normalisation and strengthening of 
relations between the Community and South Africa *1). 
3. The Commission is ready to prepare the necessary steps for the 
normalisation of the European Community relations with a democratic 
South Africa, which is the subject of this communication. 
(1) - Informal meeting of EC/MFA in Alden-Biesen, 10-12 September 1993 
- Conclusion of the Copenhagen European Council, 21-22 June 1993 
- Declaration of the Development Council, 25 May 1993 
- Statement by the Presidency following the Foreign Affairs 
Counci i, 8 June 1993 
(see the texts in annex) 
/* 
THE TRANSITIONAL EXECUTIVE COUNCIL 
4. A decisive step in South Africa's transition to democracy is the 
establishment of the Transitional Executive Council (TEC), on which 
agreement was reached at the Multi-Party Negotiating Forum on 7 
September 1993. 
The enacting legislation following the decision taken by the South 
African Parliament on 23.9.93 for the TEC and other transitional 
structures (such as the Independent Electoral Commission, the 
Independent Broadcasting Authority, etc.) will not, however, become 
operational until agreement has been reached on the Transitional 
Constitution. 
5. The TEC, which will provide for representation from all parties 
involved in the negotiations (and others which commit themselves to 
the objectives of the TEC), will be responsible for preparing for 
the elections and will ensure that no government or administration 
exercises any of its powers in such a way so as to disadvantage or 
prejudice any political party. The TEC as such will not have 
executive powers and the existing Government will remain in office, 
but the latter's political freedom of action will be significantly 
circumscribed. 
6. How, precisely, the TEC will exercise these responsibilities, and 
the extent of its involvement into broader policy issues beyond 
those directly related to the démocratisation process, will only be 
fully clarified as the TEC itself seeks to assert its influence. 
Furthermore, assuming that the current timetable is adhered to, the 
TEC will only have a life-span of six months: from November 1993 to 
the election on 27 April 1994. 
In addition to that, pending the resolution of complex 
constitutional and regional issues still under negotiation, the 
envisaged participation to the TEC does not yet include prominent 
political parties (such as Inkatha and the Conservative Party) and 
other participants to the Negotiating Forum (the "independent" 
homelands of Bophutatswana and Ciskei). 
7. The establishment of the TEC will, however, for the first time, 
provide a broadly representative interlocutor through which the 
European Community can consult with the South African state on a 
variety of issues leading up to a future full-fledged relation at 
governmental level. The nature of the European Community's 
engagement will, to a significant extent, depend on how the TEC 
operates in practice. The Community should, though, signal its 
willingness to enter into a dialogue encompassing the whole of 
South African territory and society. 
_ 2 -
PROGRAMME OF ACTION 
8. The process of normalising and deepening relations with South 
Africa should take place in response to the acceleration of the 
démocratisation process itself. Some initiatives can be taken as 
soon as the legislation for the TEC has been passed by the South 
African Parliament; other actions should only be considered once 
the TEC is actually in place and operational; yet others must await 
the elections and the establishment of an interim Government of 
National Unity. 
9. The Commission proposes that the phasing of such actions should 
take place as fol lows: 
* Actions to be taken following the enactment of legislation to 
establish the TEC 
+ Lifting of economic Sanctions 
The Community has already lifted trade and economic 
restrictions applied to South Africa. It should now, 
furthermore, support the complete lifting of trade, financial 
and investment sanctions by the international community, in 
order to facilitate the country's full integration into the 
worId economy. 
The Commission believes the Community and its Member States 
should now also actively seek, through diplomatic action, the 
lifting of remaining restrictions on South Africa's 
participation in World Bank and IMF programmes, as well as 
the latter's early engagement in support of eççnpm i c 
stabilisation of the country. 
+ Developing actions under the Special Programme 
a) Support for Démocratisation and Peace 
The first fully democratic election in South Africa's 
history will take place on 27th April 1994: that is, only 
seven months from now. The success of this undertaking is 
of crucial importance not only for South Africa but also 
in consolidating democracy in the region as a whole. 
The European Community has a major interest in ensuring 
that the election is successfully conducted and has an 
important role to play in this process. 
The Community, which has already provided MECU 5.2 for 
voters education, will if called upon enhance its support 
for these activities. 
- 3 -
The Commission, inter alia, through the Special Programme. 
ai so stands ready to provide support to the Monitoring of 
the election. Once the Independent Eiectoral Commission 
(IEC) Is In place, a dialogue will thus be established, to 
determine what further assistance can be provided for the 
elect ion procès? itself. 
In relation to the peace process, the Commission will 
continue its financial and personnel participation in the 
European Community's Observer Mission in South Africa 
(ECOMSA) and will continue to enhance its support for the 
national peace structures (including the Goldstone 
Commission). 
b) Development Cooperation 
The present extreme social and economic inequality in 
South Africa combined with heightened expectations will 
place considerable pressure on a future new government to 
increase spending on education, health, housing social 
services and rural development. The financial 
implications of improving the quality and coverage of such 
services are staggering and - in view of South Africa's 
present economic situation and its future prospects -
beyond the means of the country alone. Foreign Assistance 
will therefore be necessary to help stabilise the next 
political dispensation. 
The European Community is South Africa's largest external 
donor: the EC Special programme and the bilateral efforts 
of the Member States amount to more than 50% of all 
external development assistance coming into the country. 
The role of the organisations (mainly Kagiso Trust, SACC, 
SACBC) which have traditionally worked as partners in the 
administration of the Special Programme will continue to 
evolve in response to the démocratisation of South African 
society. The Commission will continue to broaden the 
range of organisations involved in and benefiting from 
these resources. 
The Commission, in implementing the Declaration of the 
Development Council of 25 May 1993. will give particular 
emphasis on démocratisation, the rule of law, human rights, 
good governance, popular participation and institution 
bu iId i ng. 
In this perspective, the scale of resources to support the 
Special Programme should be maintained at a substantial 
level, and certainly should not be decreased, during the 
whole period of political transition. 
- 4 -
Actions to be taken once the TEC Is In Place and Operational 
+ Discarding of remaining Sanctions of the European 
Community and its Member States 
A review of the EPC sanctions still in force is already 
foreseen, starting with restrictions on military attachés and 
cooperation in the field of security. 
Following discussion within the EPC, the present reporting 
requirements relating to the Code of Conduct for EC companies 
operating in South Africa will be discontinued. 
+ Opening of Commission delegation 
The establishment of a Commission delegation will, inter 
alia, signal the. normalisation fif diplomatic relations 
between the Community and Its Members States and South 
Africa. 
+ Preparation of longer term relations 
a) Global political relations 
The emergence of a representative political establishment 
in South Africa will allow for the opening of new Iines of 
communications in the political field with a view to 
fostering closer links once a democratic government is in 
place. Over time, a democratic South Africa will become a 
major political interlocutor for the European Community. 
Similarly, during this phase, the trade and economic 
cooperation can be explored. 
b) Trade and economic relations 
South Africa, has the potential to significantly increase 
its trade and economic interaction with the European 
Community. It can also play a crucial positive role in 
the development of trade and economic cooperation in the 
southern African region. 
The EC is conscious, however, of the difficulties and the 
challenges South Africa will have to face in the course of 
its transition. As a country whose export performance has 
traditionally been a valuable asset, South Africa must be 
left in no doubt that, in order to restore much needed 
trade and inward investment, and in order to provide a 
firm foundation for growth and the further development of 
its market economy, it needs to send a clear confidence 
building message to the business community worldwide. 
There is no better way of doing this than for South Africa 
to intensify its efforts to dismantle, as a matter of 
priority, such trade barriers as export subsidies, import 
surcharges, formula duties, high level and low number of 
tariff bindings and to commit itself to a market economy 
that welcomes foreign investments. 
- 5 -
It must be borne in mind that any possible type of trade 
agreement with to South Africa will have to be compatible 
with both South Africa's and the Community's obligations 
under GATT. Furthermore, it must also be compatible with 
EC obligations with other trading partners, especially in 
the region. 
The Commission is willing to enter into a dialogue with 
TEC on those issues: and, to this end, is refining its 
analysis In preparation for such a dialogue. It is now 
for the South Africa side to develop a common national 
position on these issues. 
c) Development cooperation 
The Commission is also willing to enter into a dialogue 
with the TEC on development cooperation, with a view to 
preparing the eventual normalisation of relations in this 
field. 
The development prospects of South Africa, and indeed the 
whole of southern Africa, hinge crucially on the 
establishment of closer economic ties within the region. 
Special attention should be paid in this respect to 
promoting regional projects which would benefit from 
regional funds made available to the southern African ACP 
countries under the Lome Convention as well as from funds 
from the Special Programme for South Africa.^1) 
One concrete and immediate possibility would be that, at 
the request of the ACP States concerned, South African 
economic operators could be allowed to participate in 
tenders open to these countries within the framework of 
Lome financed Import Support Programmes being implemented 
in the SADC countrles.*2* 
* Actions to be Taken following a Democratic Election and the 
effective establishment of a democratic government 
Once a Government issued from democratic elections is in place, 
and depending on the outcome of the exploratory talks, the 
Commission would be in a position to seek negotiating directives 
from the Council in order to prepare a comprehensive long-term 
agreement, encompassing the whole of bilateral relations. 
CONCLUSION 
10. The Council is requested to take note and where appropriate approve 
the above general policy guidelines. 
(1) as allowed by article 251 of the Lome Convention 
(2) Under the derogation possibilities forseen in article 296 of the 
Lomé Convent ion. 
- 6 -
ANNEX 
EXTRACTS FROM THE (DRAFT) 
TRANSITIONAL EXECUTIVE COUNCIL BILL 
The purpose of the draft Transitional Executive Council Bill is to 
promote: 
"... the preparation for and transition to a democratic order in 
South Africa; and to provide for matters connected therewith." 
The specific objectives of the Council are described, in 
paragraph 3 of the Bill, as follows: 
to facilitate and promote, in conjunction with all 
legislative and executive structures at all levels of government in 
South Africa, the preparation for and transition to a democratic 
order in South Africa: 
(a) creating and promoting a climate for free and political 
participation by endeavouring to: 
(i) eliminate any impediments to legitimate political 
activities; 
(ii) eliminate any form of intimidation which has a bearing 
on the said transition; 
(iii) ensure that all political parties are free to canvass 
support from voters, to organise and hold meetings and to 
have access to all voters for the purpose thereof; 
(iv) ensure the full participation of women in the 
transitional and electoral structures and processes; 
and 
(v) ensure that no Government or administration exercises 
any of its powers in such a way as to disadvantage or 
prejudice and political party; 
(b) creating and promoting conditions conducive to the holding of 
free and fair elections; 
(c) exercising such powers and performing such duties as may be 
conferred upon or assigned to it by any other law. 
•=?-
Conclusions of the Presidency - Copenhagen, June 21-22 1993 
South Africa 
The European Council welcomed the recent major progress in the 
negotiation process in South Africa. The European Council hoped 
that the parties will reach an agreement in the very near future 
that will set South Africa firmly on the road towards democracy. 
The establishment of a Transitional Executive Council will be a 
further step in the normalization and strengthening of political 
and economic relations between the Community and its Member 
States and South Africa. 
The European Council reaffirmed its commitment to contribute to 
the economic and social development of the new South Africa. 
Reconstruction and sustainable economic growth will only come 
about in a democratic and non-violent environment. Therefore the 
Community and its Member States stand prepared to provide support 
to the first free elections foreseen in April 1994, including 
election observers, as well as to strengthen their assistance to 
the democratization process and the efforts to curb violence. 
% 
C*0^K/)L ACPAitj COOMCL k é. /44J 
SOUTH AFRiCA 
The Council heard a report from its President on his recent jc-omey to South Africa and the 
evolution nf tr:e situation in that country. 
In his presentation to the press, the President stressed the iollowing points: The Community 
and its Member States deem it important to be ready to adjust their policy towards 
South Africa concurrently with developments in that country towards majority rule and 
democracy 
The Community and its Member States see the establishment of the Transitional Executive 
Council as one of the most important steps towards majority rule. For the first time in' the 
history of South Africa a kind of governmental forum with representatives of the majority of 
the population will come into being. 
The Community and its Member States will take the following steps once the TEC is in place: 
a new development initiative will be launched. There will oe a dialogue with the TEC on 
development co-operation. The Council (Development) has already adopted the major 
outline of the new programme.with more emphasis on democratization and support for 
institution building; 
- Member States will, where appropriate, likewise be ready to enter into a dialogue with the 
TEC on development matters, including support for the election process: 
- the Community and its Member States will be ready to enter into a dialogue with the TEC 
on future economic relations between the Community and South Africa. 
- the Community and its Member States will strive to promote a decision within the 
World Bank. IMF and other relevant international organizations for a normalization of 
relations with South Africa; 
- reporting under the Code of Conduct for European enterprises in South Africa will be 
discontinued. Heads of Mission will report annually on developments in the area of labour 
conditions, in particular concerning equality of opportunities; 
the Commission's office in South Africa will be upgraded to z norma! Delegation; 
the ban or* r:K'-kry attachés accredited to South Africa enc' c*. creri'.ir.g o! accreditation to 
military ?,n.:rhês îrcm South Africa will be lifted, solely with ;• vie»v.- to promoting the 
democfctizcliion and integration process in the security field; 
likewise, ir-t «reezing of official contacts and international agreements in the security field 
will be. "îi :0!:i.:>i!ed. 
;ii/t_T••*• 
1 
25.V 33 
orvn.OfWNl COOPERATION CCXNUI 
FUTURE DEVELOPMENT CO-OPERATION WITH SOUTH AERICA - COUNCIL DECLARATION 
"The Council and the representatives of governments of Member States meeting m the Council 
agree on the following. 
Policy guidelines 
The Community and its Member States reaffirm the importance they attach to the process towards 
a democratic and non-racial South Africa. They ate the biggest single donor m this country in 
particular through the special programme of positive measures established m the framework of EPC 
in 1985 and modified since then by the Council. 
They recall their commitment to the complete abolition ol the unacceptable system of apartheid by 
peaceful means and its replacement by a democratic, united and non-racial society m which all 
South Africans can participate in peace and harmony, regardless ol colour and race They reaffirm 
their readiness to continue and strengthen their support for the ongoing peace process in South 
Africa. 
Concerned by the level of violence which still remains one of the most serious threats to 
démocratisation and economic development in South Africa, they renew their call to all parties to 
sign the National Peace Accord and to participate in the peace structures The Community and as 
Member States welcome the resumption of multiparty negotiations and urge all parties who have 
not yet done so to commit themselves to a speedy and peaceful transition to a democratic, non 
racial and united South Africa. 
They reaffirm that the respect, promotion and safeguarding ol human rights and the furtherance of 
democratic principles are among the cornerstones of European cooperation policy as well as of 
relations with other countries. 
The deepening and normalisation of economic, trade and development relations between the 
Community and the Member States on one hand and South Africa on the other will have a 
profound impact on the future prospects of a democratic administration The Community and us 
Member States will therefore signal to the negotiating partners in South Africa their desire to 
intensify their relations as soon as a Transitional Executive Council (TEC) is m place. 
Member States welcome the way in which the Commission has implemented the special 
programme of positive measures since its inception in 1986 
Framework for action 
The Community's programme of assistance should be based on the established development 
priorities and policies of the Community and in particular in relation to the elements of 
démocratisation, rule of law. human rights, good governance and popular participation 
The programme should remain flexible. Its content and implementation would vary over a period of 
time taking into account the changing circumstances in South Africa, in particular the pace of 
démocratisation of South African society and, in this context, the future government policies m 
favour of the poorest sectors of the society and the level and development ol the South African 
economy. 
6705/93 (Presse 83 - G) F - 8 
It is considered that the political developments m South Africa require as a first step an 
assessment of how the special programme could be further refined to coninbute more effectively 
to meeting the basic and immediate needs of the people of South Africa and improving the living 
standards of the population, in particular the poorest sections of it. with a view to making 
assistance supportive of the emerging democracy m this country. 
Objectives 
In line with the elements set out above under "framework for action", the mam objectives of the 
FC programme would be 
to support peace structures and initiatives. 
to support the transition to a democratic government, including suppon for voter education 
and other preparations for elections; 
to support institution and capacity building, notably m the focal sectors mentioned below, and 
policy formulation, thus promoting consensus on development issues b<?iween the parties 
involved and to strengthen capacity in order to allow the implementation of social programmes 
as soon as possible; 
while continuing actions of the kind undertaken m the framework of th.? positive measures, to 
implement activities of longer term nature withm a number of focal seniors of special 
importance for the economic and social development of the vulnerable >:roups of the 
population. 
Modalities 
The implementation of the programme would have to take into account the developments towards 
the establishment of a democratic administration m South Africa and should 
focus on a limited number of sectors and be programme oriented whilst maintaining flexibility, 
notably through decentralised management; 
encompass cooperation with and through NGOs (which play a particularly valuable role in civic 
society) including community-based organisations (CBOs) and. where appropriate, through 
organs of the interim/transitional arrangements 
Consideration should be given to the future procedures for allocation and implementation of the 
programme along the lines which apply to other EC development programmes "' 
6705/93 (Presse 83 - G) 
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