COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.03.1997 
COM(97) 107 final 
97/0108(AVC) 
Recommendation for a 
COUNCIL COMMON POSITION 
concerning the approval of the Protocol governing 
the accession of the Republic of South Africa 
to the Fourth ACP-EC Convention 
as revised by the Agreement signed in 
Mauritius on 4 November 1995 
(presented by the Commission) 

Introduction 
On 19 June 1995 the Council of Ministers approved directives for the European 
Commission to negotiate a framework for the longer term relationship between the 
European Community and the Republic of South Africa. The directives propose that this 
relationship be built on two elements: (a) a Protocol to the Lomé Convention laying down 
the terms and conditions of South Africa's accession to the Convention, and (b) a bilateral 
Trade and Co-operation Agreement between the European Community and South Africa. 
The Community proposal responded to the request of the government of South Africa, 
expressed in a letter of Deputy President Thabo Mbeki in November 1994, "to open 
negotiations with a view to establishing the closest possible relationship with the Lorhé 
Convention". South Africa also asks "that negotiations should cover a possible agreement 
with the European Union on specific elements that might more appropriately be 
accommodated outside the Lomé Convention, to the benefit of the existing Lomé Members 
and South Africa itself". 
The Community proposal of June 1995 followed the launching of a "package of initial 
measures for South Africa", in April 1994, and the conclusion of a "simplified co­
operation agreement" between the Community and South Africa in October 1994. 
The proposal was completed on 25 March 1996, when Council approved its 
complementary negotiation directives for the trade part of the proposed bilateral agreement 
between the EU and South Africa. These directives summarized the details of the 
Community's bilateral trade proposal to South Africa, which would entail a Free Trade 
Area between the two. 
Attached draft Council Common Position deals with the first track of the Community 
proposal: the Protocol to the Lomé Convention. 
Qualified membership 
The negotiating directives of 19 June 1995 state expressly that "South Africa's membership 
of Lomé will be qualified." ft says that "a list of Chapters and Articles of the Lomé 
Convention that shall, for the duration of the present Convention, not be applicable to 
South Africa will be identified". 
Council further decided that whereas South Africa would be invited to formally participate 
in the institutions of the Convention as well as in all areas of ACP-EC co-operation, it 
would not be eligible for trade concessions and financial instruments under the Convention. 
h was agreed that with the exception of assistance referred to under Article 255 of the 
Convention (refugee assistance), all references in the Convention to the use of financial 
resources under the Convention shall not apply to South Africa. Other sources, outside the 
Convention, would remain available for financial assistance to South Africa. 
There was also consensus that trade and trade co-operation would be more appropriately 
accommodated in the context of the bilateral EU/South Africa relationship. 
Council attached a table to the negotiating directives, which gave a detailed overview of 
those articles of the Lomé Convention that would and those that would not apply to South 
Africa. 
Comprehensive package 
The negotiating directives of 19 June 1995 did not raise the issue of "linkage" between the 
two tracks of the Community proposal. Whereas it was assumed that both issues would be 
negotiated in parallel, the directives said explicitly that "the negotiations will take place in 
a dual institutional setting", and that "the Protocol defining the terms and conditions of 
South African accession to the Lomé Convention will be separately discussed and approved 
in the appropriate form". 
It was only on the occasion of the adoption of the complementary (trade) negotiating 
directives of March 1996 that a Declaration by Council established a link between the 
different issues under negotiation. In a statement attached to these directives Council made 
specific reference to sectoral agreements covering co-operation on fishing, wines and 
spirits and science and technology. Council considered that these three agreements, "while 
formally separate", "must be negotiated in parallel and concluded in principle at the same 
time as the Trade and Co-operation Agreement and the Protocol on accession to the Lomé 
Convention". 
Whilst defending a truly comprehensive approach and actively pursuing parallel progress 
on all issues and tracks under negotiation with South Africa, the Commission had not 
associated itself to the Council declaration on linkages. The Commission felt it was not 
realistic to expect that all negotiations could be concluded at the same time. 
One element of the package, the Science and Technology agreement, has already been 
approved by Council in December 1996. 
Facilitating clause 
In November 1995 the ACP/EC Council of Ministers approved and signed the revised 
Lomé IV Convention. This Convention contains a clause (Article 364) which pre-empts 
South Africa accession, and aims to facilitate this process by avoiding the need for 
ratification of such a decision. Article 364 says that "If before the entry into force o\ the 
provisions amending this Convention (...), the negotiations with South Africa lead to an 
agreement on its accession to this Convention, then (...) the Council of Ministers shall act 
on the outcome of such negotiations and take a decision on the terms and conditions of the 
accession (...). 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". 
It is expected that the revised Lomé IV Convention will enter into force well before the end 
of 1997. This implies that the ACP/EC Council of Ministers of 24/25 April 1997 in 
Luxembourg will probably provide the last opportunity to make use of the facilitating 
provisions of Article 364. If this Council would not be able to approve the Protocol on 
South Africa's accession to the Convention, there is a real risk that such a decision needs to 
be separately ratified by the Signatories of the Convention. 
This legal reality puts considerable time constraints on the approval procedure. 
The outcome of the technical discussions 
Technical discussions between the Commission and representatives of the government ot 
the Republic of South Africa started in July 1995. Work on the Lomé Protocol was 
finalized on 24 February 1997, when South African negotiators informed the Commission 
that they accepted the draft Protocol. 
During the last stages of the discussions between Commission and South Africa on the draft 
Protocol eight issues remained controversial. On six of these subjects South Africa 
unconditionally accepted the initial Community proposals: 
Trade Exclusion Clause (Art. 3 of Protocol). South Africa has accepted that its 
Membership to the Convention does not give the country access to the Trade Co-operation 
provisions of Lomé. 
Human Rights and Non-Execution Clause (Art. 5 / 366a of Convention): South Africa has 
withdrawn its initial request to add a unilateral declaration to these Articles. 
Toxic Waste (Art. 39). South Africa has fully accepted the disciplines in this area that are 
also imposed on other ACP countries. 
Fisheries Co-operation (Art. 64 and 68). By accepting these articles, South Africa confirms 
its willingness to negotiate a fisheries agreement with the EU. 
Maritime Transport (Art. 126). South Africa accepts, and thereby subscribes to the 
principle of unrestricted access on a commercial basis. 
ACP preference for EDF tenders (Art.303). South Africa accepts that this special 
provision will not be applicable. Natural and legal persons of South Africa and of EU 
countries will compete for EDF contract on exactly the same terms. 
On the two remaining controversial subjects, cumulation of origin and access to 7th EDF 
tenders, "procedural understanding" was reached between the Commission and South 
Africa. It was agreed that whilst further discussion and clarification on these issues is 
desirable, there is no strict legal need to do so prior to the conclusion of the Protocol. 
Issues for further clarification outside the context of the Protocol 
Cumulation of Origin (Art. 6(5) of Protocol 1 and annex 86). South Africa has accepted 
the fact that its objections against the use of the words "ad hoc" in annex 86, cannot and 
will not be solved in the context of the Protocol of accession. In recognition of this reality, 
South Africa has introduced a unilateral declaration to the Protocol in which it calls on the 
Contracting Parties to "clarify at the earliest time the conditions under which inputs 
originating in South Africa shall be considered eligible to the Cumulation procedure set out 
in Article 6(5) of Protocol 1." 
Access to tenders under the 7th EDF (Art. 294). South Africa expressed its wish that 
Article 294, which will apply to it, should be interpreted as referring not only to EDF 8, 
but also to EDF 7. Indeed, since Article 294 refers to "the Fund" in general, without being 
more specific, Art. 294 applies to both funds. However, the Commission informed South 
Africa that allowing South Africa's access to cover 7th EDF contracts would have to be 
agreed by Council, because South Africa would then be better treated than the three new 
EU Member States. Depending on whether Council will accept or reject South Africa's 
eligibility to EDF 7 contracts, the South African government will decide at a later stage 
whether it will add a unilateral declaration to the Protocol. 
Conclusion 
The Commission is satisfied with the outcome of the negotiations with the Republic of 
South Africa on the latter's accession to the revised Lomé IV Convention. It considers the 
attached draft Protocol fully in line with the negotiating directives that Council had 
approved on 19 June 1995. The Commission is confident that South Africa's accession to 
the Convention, under the terms and conditions as laid down in the draft Protocol, will not 
only benefit South Africa itself, but also the ACP Group as a whole. 
Whilst regretting that it had not been possible to make even more progress on the other, 
bilateral, track of the planned framework of co-operation the Commission has no reason to 
doubt that that the eventual outcome of the negotiation process will be comprehensive and 
will address all issues and sectors of mutual interest. 
The Commission furthermore considers that an early accession of South Africa to the 
revised Lomé Convention would constitute an important political signal by the Community 
to both South Africa, and the current ACP group of countries, and may have a positive 
effect on both the ongoing bilateral negotiations with South Africa as well as on the wider 
discussions on the future of Lomé. 
In the light of the above, the Commission recommends that the Council approves the 
Protocol in Annex and takes advantage of the facilitating clause of Article 364 of the 
revised Lomé IV Convention, which would allow South Africa to accede to the Convention 
at the moment of its entering into force. 
COUNCIL COMMON POSITION 
of 
concerning the approval of the Protocol governing 
the accession of the Republic of South Africa 
to the Fourth ACP-EC Convention 
as revised by the Agreement signed in 
Mauritius on 4 November 1995 
THE COUNCIL OF THE EUROPEAN UNION. 
Having regard to the Treaty establishing the European Community, and in particular Article 23 87 
in conjunction with the second sentence of Article 228(2) and the second subparagraph of 
paragraph 3 thereof; 
Having regard to the proposal from the Commission ; 
Having regard to the assent of the European Parliament 
Whereas South Africa requested to establish the closest possible relationship with the Lomé 
Convention in a letter dated 17 November 1.994 sent to the Co-Presidents of the ACP-EC Council 
of Ministers; 
Whereas the EU-Council of Ministers has in its decision of 19 June 1995 invited South Africa to 
accede to the Lomé Convention on terms and conditions to be laid down in a Protocol to the 
Convention . 
HAS DECIDED AS FOLLOWS : 
Article 1 
The Protocol governing the accession of the Republic of South Africa to the Fourth ACP-EC 
Convention as revised by the Agreement signed in Mauritius on 4 November 1995 is hereby 
approved on behalf of the Community. 
The text of the Protocol is attached to this decision. 
Article 2 
The President of the Council shall, on behalf of the Community and the Member States, notify 
this approval to the President of the ACP Council, and request the ACP-EC Council to take a 
decision on the terms and conditions contained in the Protocol at its meeting of 24 April 1997 in 
Luxembourg. 
Done at Brussels For the Council 
The President 
PROTOCOL N° 11 
governing the accession of the 
Republic of South Africa to the 
Fourth ACP-EC Convention of Lomé 
as revised by the Agreement 
signed in 
Mauritius 
on 4 November 1995 
Article 1 
Qualified Accession 
The Contracting Parties to the Convention agree that the accession of South Africa to the Convention will be 
subject to certain qualifications as set out in this Protocol. 
Article 2 
Financial Resources 
1. With the exception of assistance referred to under Article 255 of the Convention, all references in 
the Convention to the use of financial resources under the Convention shall not apply to South 
Africa. 
2. Assistance under Article 255 may be granted in the event of a significant influx of refugees from 
neighbouring ACP states into South Africa. 
3. All other assistance which may be made available by the Community to South Africa will be drawn 
from sources outside the financial resources of the Convention. 
Article 3 
Trade Cooperation 
All references in the Convention to Trade Cooperation and to the use of Trade Cooperation shall not apply 
to South Africa. This is without prejudice to the provisions on cumulation of origin set out in Art. 6.5 of 
Protocol N° 1 and Annex LXXXVI to the Convention. 
Article 4 
Applicability 
The table hereunder sets out those articles of the Convention which shall apply to South Africa and those 
which shall not apply. 
> 
1 Revised Lomé IV Convention = Applicability to ^l 
South Africa [ 
Part/Chaptcr/Arliclc Not I 
Applicable Applicable 
PART ONE : GENERAL PROVISIONS OF ACP-EC 
Ch 1 : Objectives and Principles of cooperation (Arts 1-12a) 1-12a 
Ch 2 : Objectives and guidelines of the Convention in the main areas of 13-19 
cooperation (Arts 13-19) I 
Ch 3 : Widening participation in cooperation activities (Arts 20-22 deleted) 1 
Ch 4 : Principles governing the instruments of cooperation (Arts 23-28) 23, 26-27 24-25, 28 
ICh 5 : Institutions (Arts 29-32) 29-32 
PART TWO : THE AREAS OF ACP-EC COOPERATION 
Title I: Environment (Arts 33-41) 33-41 - I 
Title II : Agricultural cooperation, food security and rural development 42-49 50 J 
(Arts 42-57) I 51-57 J 
Title III: Fisheries (Arts 58-68) I 58-68 
Title IV : Cooperation on commodities (Arts 69-76) I 69-76 - I 
Title V : Industrial development, manufacturing and processing 1 77-87 
(Arts 77-87; Art. 88 deleted; Arts 89-93; Arts 94-96 deleted; 1 89-93 
Arts 97-98) 97-98 
Title VI: Mining development (Arts 99-104) 99-104 - | 
Title VII: Energy development (Arts 105-109) 105-109 - | 
Title VIII : Enterprise development (Arts 110-113) 110-113 - I 
Title IX Development of services (Arts 114-134) 114-134 
Title X: Trade development (Arts 135-138) 135-138 
Title XI : Cultural and social cooperation (Arts 139-155) 139-155 
Title XII: Regional Cooperation (Arts 156-166) 156-166 
Î 
PART THREE : The Instruments of ACP-EC COOPERATION 
Title I : Trade Cooperation (Arts 167-185) 
Title II : Cooperation in the Field of Commodities 
- STABEX {Arts 186-212) 
- SUGAR (Art 213) 
- SYSMIN (Arts 214-219) 
Title III : Development Finance Cooperation 
- General provisions (Arts 220-230) 
- Financial cooperation (Arts 231-257) 
- Investment (Arts 258-274) 
- Technical cooperation (Arts 275-280) 
- Implementation procedures (Arts 281-310) 
- Management and executing agents (Arts 311-327) 
Title IV : Least developed, landlocked and island ACP States 
(Arts 328-337) 
PART FOUR : OPERATION OF THE INSTITUTIONS 
- The Council of Ministers (Art 338-345) 
- The Committee of Ambassadors (Arts 346-347) 
- Common provisions (Arts 348-349) 
- The Joint Assembly (Arts 350-351) 
- Other provisions (Arts 352-355) 255-256 
258-274 
275-280 
294-302 
304-310 
311-327 
328-337 
338-345 
346-347 
348-349 
350-351 
352-355 
PART FIVE : FINAL PROVISIONS 
(Arts 356-369) 356-369 167-185 
186-212 
213 
214-219 
220-230 
231-254,257 
281-293 
303 
PROTOCOLS 
- Second Financial Protocol 
- Protocol N° 1 Definition of the concept of "originating products" and 
methods of administrative co-operation 
- Protocol N° 2 Operating expenditure of Joint Institutions 
- Protocol N° 3 Privileges and immunities 
- Protocol N° 4 Safeguard measures 
- Protocol N° 5 Bananas 
- Protocol N° 6 Rum 
- Protocol N° 7 Beef and veal 
- Protocol N° 8 Sugar 
- Protocol N° 9 ECSC 
- Protocol N° 10 Forest Resources Art 255 
resources 
Protocol 2 
Protocol 3 Rest of 
Second 
Financial 
Protocol | 
Protocol 1 
Protocol 10 Protocol 4 
Protocol 5 
Protocol 6 
Protocol 7 
Protocol 8 
Protocol 9 
X^ 
ANNEXES TO THE PROTOCOL OF ACCESSION 
Annex 1 
Joint Declaration by the Community and its Member States, the ACP States and South Africa on the 
Joint Declarations annexed to the Lomé Convention 
The Community and its Member States, the ACP States and South Africa agree that the joint declarations 
contained in the annexes to the Lomé Convention listed below are also relevant to South Africa : Annexes I, 
II, IV, V, VI, VII, VIII, IX, XII, XIII, XIV, XV, XVI, XXII, XXIII, XXV, XXVI, XXXII, L, LII, LIII, LIV, 
LV, LVI, LVII, LXVIII, LXXIII, LXXIX, LXXX, LXXXII, LXXXIII, LXXXIX together with the joint 
declarations contained in the following annexes to the Minutes of the signing of the fourth ACP-EC 
Convention : Annexes I and II. 
Annex 2 
Community Declaration on the Community Declarations annexed to the Lomé Convention. 
The Community considers that the Community Declarations contained in the annexes to the Lomé 
Convention listed below are also relevant to South Africa : Annexes HI, IIIA, XVII A, XIX, LXIX, LXX, 
LXXI, LXXII 
Annex 3 
Declaration by South Africa on the ACP Declarations annexed to the Lomé Convention 
South Africa hereby associates itself with the ACP declarations contained in the annexes to the Lomé 
Convention listed below : Annexes XVIIB, XVIII, XXIV, LI. 
Annex 4 
Declaration by South Africa on Cumulation 
South Africa wishes to reiterate the importance of economic integration between ACP states ILS being of key 
relevance in promoting their development. This is especially tme in the Southern African region where the 
Southern African Customs Union (SACU) and the Southern Africa Development Community (SADC) Trade 
Protocol underline attempts to promote such integration 
South Africa, furthermore, wishes to draw attention to the fact that it is now listed as a developing country by 
the Development Aid Committee of the OECD. 
With a view to reducing the element of uncertainty which might affect investors and other economic 
operators, thereby also negatively affecting the aforementioned economic integration and its accompanying 
stimulation of development, South Africa calls upon the other Contracting Parties to clarify at the earliest time 
the conditions under which inputs originating in South Afriea shall be considered eligible to the cumulation 
procedure set out in Article 6(5) of Protocol I 
in 

ISSN 0254-1475 
COM(97) 107 final 
DOCUMENTS 
EN 11 
Catalogue number : CB-CO-97-102-EN-C 
ISBN 92-78-16958-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg