Proposal for a COUNCIL DECISION concerning the conclusion of the Agreement between the European Community and the Republic of South Africa
Date: 1994-09-21
Institutions: European Commission
Subjects: South Africa, cooperation agreement, economic cooperation, trade cooperation

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(94) 402 final 

Brussels, 21.09.1994 

94/ 0216(CNS) 

Proposal  for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community 
and the Republic of South Africa 

(presented  by  the  Commission) 

./ 

./ 

EXPLANATORY MEMORANDUM 

1.  On  19 April  1994, the  Council  adopted  a  framework  for  the  European  Union's 
future  relations with  South Africa.  The  Council  decided  that  the  Union's  future 
relations with South Africa should fall into two distinct phases : firstly, a "package 
of  immediate  measures"  to  be  presented  and  discussed  with  the  South  African 
government  and  secondly,  an  offer  to  negotiate  a  comprehensive  and  long-term 
relationship with South Africa. 

The aim of the package of initial measures was to address the immediate needs of 
the new South African  Government granting GSP benefits to South Africa was the 
first measure taken in this context. 

The initial measures also included  an offer  to conclude an agreement with  South 
Africa quickly, which is the substance of this proposal.  The Council's conclusions 
were  precise  on  the  shape  and  contents  of  this  agreement  :  it  should  have  a 
simplified  structure  with  only  a  few  articles  including  a  strong  human  rights 
clause, a comprehensive  co-operation  clause and provisions, wherever  necessary, 
to enable the Parties to engage in specific co-operation activities. 

2. 

In  accordance  with  this,  the  Commission  has  discussed  the  contents  of  this 
agreement with the South African  authorities during the month of August and the 
first  days of  September.  Following these talks, an ad referendum  agreement has 
now  been  reached  on  the  enclosed  draft  which  fully  respects  both  the  Council 
conclusions as well as the spirit of the recent Berlin EU-SADC Conference held in 
early September. 

3.  As  indicated  in the  draft  text,  this  agreement  will  not  in  any  way  prejudice  the 
content of the longer term relationship nor its legal basis.  The present  simplified 
agreement  was in fact  seen by the Council  as a means of bridging  the time gap 
between  the  establishment  of  a democratic  government  in  South  Africa  and  the 
definition  of a more comprehensive  and  long-term  framework  to be agreed  with 
the new South African  authorities.  Negotiating directives to conclude a long-term 
relationship  with  South  Africa  will  be  requested  by  the  Commission  at  the 
appropriate moment. 

4. 

Taking account of the complex realities which define the South African  economic 
and social environment, it was foreseeable  (and experience seems to confirm  this 
view) that defining  the elements of the long-term  relationship  will  be a complex 
exercise.  Indeed the South African  Government  itself has not yet decided  on the 
structure of the relations it wants with the EU.  On the other hand, it is urgent to 
institutionalise the bilateral relationship, not only for evident political reasons but 
also, as the Council  said in its Decision of  19 April, "...to provide the legal  basis 
for  the  development  of  future  co-operation  with  the  new  South  African 
government  and  the  allocation,  as  appropriate,  of  the  corresponding  funds  from 
the Community budget...".  It is important to note that the EIB normally limits its 
operations  to  countries  which  are  linked  to  the  Community  by  a  co-operation 
agreement. 
jb/sa/comu-en.doc 

This  is  the  specific  context  which  explains  the  simplified  structure  of  the 
Agreement,  as  specified  by  the  Council  in  its  Decision.  Whilst  the  "Human 
Rights" Article is an essential element of this agreement, Articles 2 and 4 are the 
provisions  whereby  the  Contracting  Parties  agree  to  step-up  co-operation  in  all 
areas within their respective spheres of competence and within the limits of their 
available financial means make funds available to facilitate the achievement of the 
aims  set  out  in  this  agreement.  The  other  elements  conform  to  the  Council 
Decision  of  19 April.  The  relationship  between  bilateral  co-operation  and  the 
global  interests  of  the  Southern  African  region  is  also  given  due  attention  in 
Article 6 following the guidelines provided by the EU-SADC Declaration adopted 
by the Berlin Conference early in September. 

The  Council  conclusions  specify  that  such  an agreement  should  be  concluded 
quickly.  The first priority after the elections for South Africa was to ensure the 
effective application of GSP.  It is now urgent to conclude this agreement as soon 
as possible in order to provide the legal basis for our co-operation with the new 
South African Government to begin. 

The  Council's  Decision  of  19 April  1994  also  included  the  establishment  of  a 
political dialogue, both at the bilateral and regional  level.  While the provisions 
for the political dialogue between the S ADC (which include South Africa) and EU 
were discussed at aie Berlin Conference  in September  1994, preparation is also 
underway to make provision for the bilateral EU-South Africa political  dialogue 
which will be subject to an exchange of letters between the two parties in the near 
future. 

jb/sa/coKi-cn.doc 

V ^ V J U IH  V^JLJU  iMi»v>JLUJ.VJi^ 

Of 

concerning the conclusion of the Agreement between the European  Community 
and the Republic of South Africa 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
113 and  130y, in conjunction with the first sentence of Article 228 (2) and the first 
subparagraph of paragraph 3 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Having regard to the general guidelines issued by the European Council on 29 October 1993 
which take up as an area for joint action support for the transition towards multiracial 
democracy in South Africa through the creation of an appropriate co-operation framework  to 
consolidate the economic and social foundations of this transition, 

Having regard to the decision of the Council of 18 and 19 April  1994 to adopt a package of 
measures for South Africa, including an offer to conclude an agreement quickly, 

Whereas the Community should approve, for the attainment of its aims in the sphere of 
external relations, the Agreement referred to in this Decision, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement between the European Commumty and the Republic of South Africa is hereby 
approved on behalf of the Community. 

The text of the Agreement is attached to this Decision. 

Article 2 

The President of the Council shall, on behalf of the Community, give the notification provided 
for in Article 8 of the Agreement. 

Article 3 

The Decision shall be published in the Official  Journal of the European Communities. 

Done at Brussels, 

For the Council 
The President 

il 

THE COUNCIL OF THE EUROPEAN COMMUNITIES 
on the one part, 

THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA 
on the other part 

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

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

NOTING with satisfaction the successful transition towards a democratic and multiracial 
society in the South Africa. 

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

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

HAVE DECIDED to conclude this Agreement and to this end have designated as their 
plenipotentiaries: 

WBC^ having exchanged their full pervers, found in good and due form, 

HAVE AGREED AS FOLLOWS: 

DRAFT AGREEMENT 
BETWEEN EUROPEAN COMMUNITY AND SOUTH AFRICA 

rev.l 

Article 1 

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

Article 2 

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

Article 3 

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

Article 4 

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

Article 5 

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

6 

Article 6 

The Contracting Parties concur that this Agreement should not conflict with any other 
agreements which exist between either of them and the countries of the Southern African 
region. The Contracting Parties furthermore  agree that they shall seek ways in which their co 
operation could harmonise with, and enhance the interests of, the Southern African region and 
intra-regional co-operation. 

Article? 

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

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

Article 8 

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

Article 9 

This Agreement is drawn up in duplicate in the ... languages, each text being equally authentic. 

draft  16-09-1994 

BSN 0254-1475 

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