Draft Council and Commission Decision (EC/ECSC) concerning the conclusion of the Agreement amending the fourth ACP-EC Convention
Date: 1996-01-23
Institutions: European Commission
Subjects: ACP-EU Convention, agreement (EU), association agreement (EU), fourth Lomé Convention, revision of an agreement

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 

The  President 

For  the  Commission 

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,  w h i ch  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  o wn  legitimacy:  non-discriminatory 

treatment;  fundamental  human  rights;  civil  and  political  rights;  economic,  social  and 

cultural  rights. 

Every  individual  shall  have  the  right,  in  his  o wn  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  w h i ch  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  w i th  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,  w i th  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,  w i t h in  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.". 

1 1.  Articles  2 0,  21  and  22  shall  be  deleted. 

3sr 

12. 

In  Article  3 0,  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,  w i th  a  geographical  or 

other  composition  suited  to  the  subjects  under  discussion,  where  the  need  is  felt  by 

the  Contracting  Parties.". 

13. 

In  Article  3 2,  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  T WO  -  THE  AREAS  OF  ACP-EC  COOPERATION 

14. 

In  Article  5 0,  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  5 1, 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  w i th  a  major  rural  development  component;  these  funds  may 

also  be  used  for  all  legitimate  purposes  approved  by  c o m m on  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  d o wn  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  w h om  shall  be  appointed 

by  the  Committee  on  Industrial  Cooperation.  The  management  of  the  CDI  shall 

implement  the  guidelines  laid  d o wn  by  the  Committee  on  Industrial  Cooperation  and 

shall  be  answerable  to  the  Governing  Board.". 

2 0.  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  d o wn  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.". 

2 1. 

In  Article  9 3,  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.". 

2 5. 

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  w i th 

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  f l ow  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  w i th  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 

3 0. 

In  Article  1 6 7,  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  w i th  the  Community,  and  to 

improving  the  conditions  of  access  for  their  products  to  the  market  in  order  to 

accelerate  the  g r o w th  of  their  trade  and,  in  particular,  of  the  f l ow  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.". 

3 1. 

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  w h i ch  may  result  in  a 

deterioration  thereof,  the  Community  may  take  safeguard  measures.  These 

measures  shall  be  notified  immediately  to  the  Council  of  Ministers.". 

3 2. 

In  Article  1 7 8,  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  w i th 

Article  177(1),  might  take  where  special  factors  have  necessitated  such  decisions.". 

4* 

3 3. 

In  Article  1 8 1,  second  paragraph,  subparagraph  (4)  shall  be  replaced  by  the 

following: 

"(4)  where  the  Community  takes  safeguard  measures  in  accordance  w i th  Article 

1 7 7,  consultations  on  these  measures  may  take  place  w i t h in  the  Council  of 

Ministers,  where  the  Contracting  Parties  concerned  so  request,  notably  w i th  a 

view  to  ensuring  compliance  w i th  Article  177(3).". 

3 4. 

In  Article  187,  paragraph  1,  item  24  shall  be  replaced  by  the  following: 

" 2 4.  Fresh  bananas  0 8 03  00  11  and  1 9 ", 

and  the  following  item  50  shall  be  added: 

" 5 0.  Karakul  Skins  ex  4 3 01  30  00 

ex  4 3 02  13  00 

ex  4 3 02  30 3 1 . ". 

35. 

In  Article  1 9 3,  the  following  subparagraph  4  shall  be  added: 

" 4. 

amounts  accruing  from  the  application  of  the  first  subparagraph  of 

Article  366a(3).". 

^ 

3 6. 

In  Article  1 9 4,  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  w i th  paragraph  2  is  less  than  ECU  2  million,  or,  in  the  case  of 

island  States,  is  less  than  ECU  1  million.". 

3 7.  Article  2 03  shall  be  replaced  by  the  following: 

"Article  2 03 

1.  Should  the  examination  of: 

(a)  marketed  production  in  the  application  year  by  comparison  w i th  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  2 0 % . ". 

S\ o 

3 8. 

In  Article  2 0 9,  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.". 

3 9. 

In  Article  2 1 1,  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 

w h i ch  the  presentation  of  t wo  signatures,  that  of  the  ACP  State  and  that  of  the 

Commission,  shall  be  required.  Any  interest  shall  be  credited  to  this  account.". 

4 0. 

In  Article  2 2 0,  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 

4 1. 

In  Article  2 2 4: 

-  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  F u n d " . ", 

- 

the  following  subparagraph  (m)  shall  be  added: 

"(m)  support  for  institutional  and  administrative  reform  measures,  w i th  a  view  to 

democratization  and  the  rule  of  law.". 

•SL 

4 2. 

In  Article  2 3 0,  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.". 

4 3. 

In  Article  2 3 3,  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  d o wn  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  d o wn  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 

4 4. 

In  Article  2 3 4: 

- 

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 

4 6. 

In  Article  2 3 6,  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  o wn  resources,  productive  projects  and  programmes 

in  other  sectors,  including  commercial  agriculture;". 

4 7. 

In  Article  2 4 3,  " 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  w h i ch  have 

an  influence  on  national  development.  To  this  end,  support  for  structural  adjustment 

shall  also  seek  t o: 

(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.". 

4 8. 

In  Article  2 4 4,  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;". 

4 9. 

In  Article  2 4 6,  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.". 

5 1. 

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 

5 2. 

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  d o wn  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  o wn  initiative, 

provided  that  the  agents  and/or  the  operations  are  non-profit-making. 

Article  2 5 1b 

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  w i th  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  w i th  financial  and/or 

technical  support  drawn  from  the  resources  provided  for  by  this  Convention  under  the 

conditions  laid  d o wn  in  Articles  2 5 1 c,  251 d  and  251 e. 

3.  This  form  of  cooperation  shall  be  organized  in  accordance  w i th  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  2 5%  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  2 9 0. 

Article  251 e 

In  addition  to  the  possibilities  offered  to  the  agents  of  decentralized  cooperation  in  this 

section,  in  Articles  2 52  and  253  relating  to  micro-projects,  Article  278(2)(c)  on  technical 

cooperation  schemes  and  Article  3 00  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  w i th  Article  299  and  other  relevant  provisions  of  this 

Convention.". 

a 

5 3. 

In  Article  2 5 4,  the  following  paragraph  3  shall  be  added: 

" 3.  Where  the  funds  provided  for  an  operation  under  this  Article  are  inadequate  to 

deal  w i th  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 

w i th  the  ACP  States.". 

5 4. 

In  Article  2 7 4,  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  w i th  Article  2 46  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  o wn 

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  w i th  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,  w i th 

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  w h i ch  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  2 9 0,  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  2 82  shall  be  replaced  by  the  following: 

"Article  2 82 

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  7 0%  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  w i th  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  2 8 4 ( 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  2 83  shall  be  replaced  by  the  following: 

"Article  2 83 

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.". 

5 8.  Article  2 84  shall  be  replaced  by  the  following: 

"Article  2 84 

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  3 3 0,  5 0%  of  risk  capital  shall  be  assigned 

globally  to  these  countries. 

In  addition,  at  least  5 0%  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  t o, 

determine  the  causes  of  delays  in  implementation  and  propose  suitable  remedial 

measures.  The  Committee  shall  examine  the  reports  in  accordance  w i th  its 

responsibilities  and  powers  under  this  Convention.". 

59. 

In  Article  2 8 7,  paragraph  2,  the  following  subparagraph  (i)  shall  be  added: 

"(i) 

the  compatibility  w i th  the  ACP  States'  trade  policies  and  trade  development 

programmes  and  the  impact  on  their  competitiveness  in  the  domestic,  regional, 

international  and  Community  markets.". 

i 

6 0.  Article  2 90  shall  be  replaced  by  the  following: 

"Article  2 90 

1.  W i th  a  view  to  expediting  procedures  and  in  derogation  from  Articles  2 88  and 

2 8 9,  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  2 9 1. 

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  w h i ch  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  w i th  a 

view  to  enabling  t h e m,  inter  alia,  to  carry  out  their  obligations  under 

paragraph  3. 

3.  At  the  end  of  each  year,  the  National  Authorizing  Officer  in  consultation  w i th  the 

Head  of  Delegation,  shall  forward  a  report  to  the  Commission  on  the  implementation 

of  the  multiannual  programmes.". 

6 1. 

In  Article  2 9 4,  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 

f i r m s . ". 

?2-

6 2. 

In  Article  2 9 6,  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;" 

6 3. 

In  Article  3 1 6,  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,  w i th  the  approval  of  the  ACP  State  or  States  concerned." 

6 4. 

In  Article  3 17 

- 

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: 

" W i th  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  w i th  the  necessary  back-up  support  to  do  so.  To  this  end,  and  in  close 

cooperation  w i th  the  national  authorizing  officer,  the  Head  of  Delegation  shall:". 

64a. 

In  Article  3 3 1,  point  10,  add  after  the  first  indent  the  following  indent: 

-  Article  194(5) 

6 4 b. 

In  Article  3 3 1,  point  12,  add  the  following  indent: 

-  Article  284(2) 

6 4 c. 

In  Article  3 3 4,  point  9,  add  before  the  first  indent  the  following  indent: 

-  Article  194(5) 

6 4 d. 

In  Article  3 3 7,  point  9,  add  before  the  first  indent  the  following  indent: 

-  Article  194(5). 

}3 

F. 

PART  F I V E - F I N AL  PROVISIONS 

6 5.  Article  3 64  shall  be  replaced  by  the  following: 

"Article  3 64 

If  before  the  entry  into  force  of  the  provisions  amending  this  Convention  in 

accordance  w i th  Article  366(2), the  negotiations  w i th  South  Africa  lead  to  an 

agreement  on  its  accession  to  this  Convention,  then,  notwithstanding  the  conditions 

for  accession  referred  to  in  Article  3 6 3,  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  w h i ch  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." 

6 6.  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  w i th  a  view 

to  assessing  the  situation  in  detail  and,  if  necessary,  remedying  it. 

For  the  purposes  of  such  consultations,  and  w i th  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  w i th  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.  T wo 

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  w h i ch  shall 

be  revoked  as  soon  as  the  reasons  for  taking  it  have  disappeared." 

G. 

SECOND  FINANCIAL  PROTOCOL 

6 8.  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 9 95  the  overall 

amount  of  the  Community's  financial  assistance  to  be  made  available  shall  be 

ECU  14  6 25  million. 

n 

This  overall  amount  shall  comprise: 

(a) 

an  amount  of  ECU  12  9 67  million  from  the  European  Development  Fund,  of 

which  ECU  2 92  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  2 2 0,  221  and  2 2 4,  ECU  9  5 92  million 

in  the  form  of  grants,  including  ECU  1 4 00  million  for  structural  adjustment 

support,  which  can  be  complemented,  in  accordance  w i th  Article 

281 (2)(e),  as  part  of  long-term  development  assistance; 

(ii) 

for  the  purposes  set  out  in  Articles  2 2 0,  221  and  2 2 4,  ECU  1 0 00  million 

in  the  form  of  risk  capital; 

(iii) 

for  the  purposes  set  out  in  Articles  1 86  to  21 2,  ECU  1  8 00  million  in  the 

form  of  grants  for  the  stabilization  of  export  earnings; 

(iv) 

for  the  purposes  set  out  in  Articles  2 14  to  2 1 9,  ECU  5 75  million  in  the 

form  of  grants  under  the  SYSMIN  scheme; 

P 

(b) 

for  the  purposes  set  out  in  Articles  2 2 0,  221  and  2 2 4,  up  to  ECU  1  6 58 

million  from  the  Bank  in  the  form  of  loans  made  from  its  o wn  resources  in 

accordance  w i th  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  o wn  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  2 54  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  2 54  and  ECU  1 20  million  for  the  assistance 

referred  to  in  Article  2 5 5; 

(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  w h i ch  the  ACP  States  may 

benefit  for  the  same  purposes,  the  ACP  States  and  the  Community,  w i t h in  the 

relevant  joint  institutions,  shall  adopt  appropriate  measures  to  deal  w i th  the 

situations  referred  to  in  Articles  2 54  and  2 5 5. 

Article  3 

1.  Of  the  grants  made  available  under  Article  1 (a)(i),  an  amount  of  ECU  1  3 00  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  d o wn  in  Article  1 3 8; 

(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  w i th  the  same  conditions  as  those  laid  d o wn  in  this 

Convention." 

H 

H. 

PROTOCOL  1  -  CONCERNING  THE  DEFINITION  OF  THE  CONCEPT  OF 
"ORIGINATING  PRODUCTS"  AND  METHODS  OF  ADMINISTRATIVE  COOPERATION 

6 9. 

In  Protocol  1, Tit*»  I,  Article  5,  " 1 0 %"  shall  be  replaced  by  " 1 5 % ". 

7 0. 

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  w i th  Article  3 0 ." 

7 1. 

In  Protocol  1,  Title  II, Article  2 1,  paragraph  1,  "ECU  2  8 2 0"  shall  be  replaced  by 

"ECU  3  1 4 0"  and  in  paragraph  2,  " 30  April  1 9 9 1"  shall  be  replaced  by 

" 30  April  1 9 9 7"  and  "1  October  1 9 8 8"  by  "1  October  1 9 9 4 ". 

7 2. 

In  Protocol  1, Title  II, Article  2 2,  paragraph  2,  second  subparagraph,  "ECU  2 0 0"  and 

"ECU  5 6 5"  shall  be  replaced  by  "ECU  2 3 0 ",  and  "ECU  6 3 0"  respectively. 

%'i 

7 3. 

In  Protocol  1, Title  III,  Article  3 1, 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  0 00  tonnes,  for  canned  tuna, 

and,  within  an  annual  quota  of  5 00  tonnes,  for  tuna  loins." 

7 4.  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  w h en  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,  w h en  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." 

7 5. 

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  w h en 
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 

ex  5 1 01 

(2) 

(3) 

Wool,  not  carded  or 
combed: 

degreased,  not 
carbonized 

Manufacture  from  greasy,  including  piece-wasted 
wool,  the  value  of  which  does  not  exceed  5 0% 
of  the  ex-works  price  of  the  product 

carbonized 

Manufacture  from  degreased  w o o l,  not 
carbonized,  the  value  of  which  does  not  exceed 
5 0%  of  the  ex-works  price  of  the  product 

ex  5'103 

Waste  of  wool  or  of  fine 
or  coarse  animal  hair, 
carbonized 

Manufacture  from  non-carbonized  waste,  the 
value  of  which  does  not  exceed  5 0%  of  the  ex-
works  price  of  the  product 

ex  5 2 01 

Cotton,  not  carded  or 
combed,  bleached 

Manufacture  from  raw  cotton,  the  value  of  w h i ch 
does  not  exceed  5 0%  of  the  ex-works  price  of 
the  product 

5 5 01  to 
5 5 07 

Man-made  staple  fibres: 

not  carded  or 
combed  or 
otherwise 
processed  for 
spinning 

Manufacture  from  chemical  materials  or  textile 
pulp 

carded  or  combed 
or  other 

Manufacture  from  chemical  materials  or  textile 
pulp  or  waste  falling  within  CN  code  5505 

U 

(1) 

(2) 

(3) 

ex  Chapters 
50  to  55 

Yarn,  monofilament  and 
thread,  other  than  paper 
yarn: 

printed  or  dyed 

Manufacture  f r o m: 

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  t ow  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,  t w i s t i ng  or 
texturizing  not  being  considered  as  such,  the 
value  of  non-originating  material  (including  yarn), 
not  exceeding  4 8%  of  the  ex-works  price  of  the 
product 

other 

Manufacture  f r o m: 

natural  fibres  not  carded  or  combed  or 
otherwise  prepared  for  spinning, 
grege  silk  or  silk  w a s t e, 
chemical  materials  or  textile  pulp,  or 
man-made  staple  fibres,  filament  t ow  or 
waste  of  fibres,  not  carded  or  combed  or 
otherwise  prepared  for  spinning 

Woven  fabrics,  other 
than  fabrics  of  paper 
yarn: 

printed  or  dyed 

Manufactured  from  yarn 
or 
Printing  or  dyeing  of  unbleached  or  prebleached 
fabrics,  accompanied  by  preparatory  or  finishing 
operations  (1)(2) 

5 6 01 

other 

Manufacture  from  yarn 

Manufacture  from  fibres 

Wadding  of  textile 
materials  and  articles 
thereof;  textile  fibres  not 
exceeding  5  mm  in 
length  (flock),  textile 
dust  and  mill  neps 

Î} 

:D 

5 6 02 

(2) 

(3) 

Felt,  whether  or  not 
impregnated,  coated, 
covered  or  laminated: 

printed  or  dyed 

Impregnated, 
coated,  covered  or 
laminated 

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) 

other 

Manufacture  from  fibres 

5 6 03 

Non-wovens,  whether  or 
not  impregnated,  coated, 
covered  or  laminated: 

printed  or  dyed 

impregnated, 
coated,  covered  or 
laminated 

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) 

5604 

other 

Manufacture  from  fibres 

Rubber  thread  and  cord, 
textile  covered,  textile 
yarn  and  strip,  and  the 
like  falling  within  CN 
codes  5 4 04  or  5 4 0 5, 
impregnated,  coated, 
covered  or  sheathed  w i th 
rubber  or  plastics: 

rubber  thread  and 
cord,  textile 
covered 

other 

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) 

(3) 

Twine  cordage,  rope  and 
cables,  whether  or  not 
plaited  or  braided  and 
whether  or  not 
impregnated,  coated, 
covered  or  sheathed  w i th 
rubber  or  plastics 

Articles  of  yarn,  strip  or 
the  like  falling  within  CN 
codes  5 4 04  or  5 4 0 5, 
t w i n e,  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 

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  5 0%  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) 

impregnated, 
coated  or  covered 

Manufacture  from  unbleached  fabrics,  felt  or 
non-wovens 

other 

Manufacture  from  yarn 

ss 

(1) 

5901 

5902 

5903 

5904 

(2) 

(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 

Textile  fabrics  coated 
w i th  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 
w i th  plastics,  other  than 
those  falling  within  CN 
code  5 9 02 

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 

5905 

Textile  wall  coverings 

5906 

5907 

Rubberized  textile 
fabrics,  other  than  those 
falling  within  CN  code 
5 9 02 

Textile  fabrics  otherwise 
impregnated,  coated  or 
covered;  painted  canvas 
being  theatrical  scenery, 
studio  backcloths  or  the 
like 

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 

(2) 

(3) 

Textile  wicks,  w o v e n, 
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  w i th 
or  without  lining,  amour 
or  accessories  of  other 
materials 

Transmission  or 
conveyor  belts  or 
belting,  of  textile 
material,  whether  or  not 
reinforced  w i th  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 

Manufacture  from  yarn 

Manufacture  from  yarn  or  fibres 

Manufacture  from  yarn  or  fibres 

Manufacture  from  yarn,  waste  fabrics  or  rags 
falling  within  CN  code  6 3 10 

other 

Manufacture  from  yarn  or  fibres 

Chapter 60 

Knitted  or  crocheted 
fabrics: 

printed  or  dyed 

Manufacture  from  yarn 
or 
Printing  or  dyeing  of  unbleached  or  prebleached 
fabrics,  accompanied  by  preparatory  or  finishing 
operations  (1)(2) 

other 

Manufacture  from  yarn 

Hi 

1 

(2) 

(3) 

Chapter  61 

Articles  of  apparel  and 
clothing  accessories, 
knitted  or  crocheted: 

Complete  making  up  (4) 

obtained  by  sewing 
together  or 
otherwise 
assembling,  t wo  or 
more  pieces  of 
knitted  or 
crocheted  fabric 
which  have  been 
either  cut  to  form 
or  obtained  directly 
to  form 

other 

Manufacture  from  yarn 

ex  Chapter  62 

Articles  of  apparel  and 
clothing  accessories,  not 
knitted  or  crocheted, 
except  those  falling 
within  CN  codes  6 2 13 
and  6 2 14  for  which  the 
rules  are  set  out  below: 

finished  or 
complete 

unfinished  or 
incomplete 

Complete  making  up  (4) 

Manufacture  from  yarn 

6 2 13  and  6 2 14 

Handkerchiefs,  shawls, 
scarves,  mufflers, 
mantillas,  veils  and  the 
like: 

embroidered 

Manufacture  from  yarn 
or 
Manufacture  from  unembroidered  fabric, 
provided  the  value  of  the  unembroidered 
fabric  used  does  not  exceed  4 0%  of  the  ex-
works  price  of  the  product 

other 

Manufacture  from  yarn 

*  see  also  the  products  excluded  from  the  derogation  procedure  listed  in  ANNEX  XI 

fc 

(1) 

6301  to 
ex  6306 

(2) 

(3) 

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, 

Manufacture  from  fibres 

coated,  covered or 
laminated 

- 

impregnated, 
coated,  covered  or 
laminated 

-  other 

-  knitted  or 
crocheted 

Impregnation,  coating, covering  or  laminating  of 
felt  or  non-wovens,  unbleached  (3) 

-  unembroidered 

Complete  making  up  (4) 

-  embroidered 

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 

-  not  knitted  or 
crocheted: 

-  unembroidered 

Manufacture  from  yarn 

13 

(1) 

6 3 01  to 
e x 6 3 06 
(cont'd) 

6 3 07 

6308 

(2) 

embroidered 

(3) 

Manufacture  from  yarn 
or 
Manufacture  from  unembroidered  fabric  provided 
the  value  of  the  unembroidered  fabric  used  does 
not  exceed  4 0%  of  the  ex-works  price  of  the 
product 

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  w i th  accessories, 
for  making  up  into  rugs, 
tapestries,  embroidered 
table  cloths  or  serviettes 
or  similar  textile  articles, 
put  up  in  packings  for 
retail  sale 

Manufacture  from  yarn 

Manufacture  in  w h i ch  the  value  of  the  materials 
used  does  not  exceed  4 0%  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  2 5%  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,  w o v en  fabrics  and  knitted  or  crocheted  fabrics  w h i ch  have  only 
been  washed  after  the  spinning  or  weaving  operation. 

Prebleached  products  are  at  an  earlier  stage  of  manufacture  than  bleached 
products,  w h i ch  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 

Textile  products  excluded  from  the  cumulation  procedure  w i th  certain  developing 
countries  referred  to  in  Article  6(5)  of  this  Protocol 

ANNEX  XI 

6 1 01  10  90 
6 1 01  20  90 
6 1 01  30  90 

6 1 02  10  90 
6 1 02  20  90 
6 1 02  30  90 

6 1 10  10  10 
6 1 10  1 0 31 
6 1 10  1 0 35 
6 1 10  1 0 38 
6 1 10  10  91 
6 1 10  1 0 95 
6 1 10  1 0 98 
6 1 1 0 2 0 91 
6 1 1 0 2 0 99 
6 1 1 0 30  91 
6 1 1 0 3 0 99 

6 2 03  41  10 
6 2 03  41  90 
6 2 03  42  31 
6 2 03  42  33 
6 2 03  42  35 
6 2 03  42  90 
6 2 03  43  19 
6 2 03  43  90 
6 2 03  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 

Jerseys,  pullovers,  slip-overs,  waistcoats,  t w i n s e t s, 
cardigans,  bed-jackets  and  jumpers  (other  than  jackets 
and  blazers),  anoraks,  windcheaters,  waister  jackets 
and  the  like,  knitted  or  crocheted 

Men's  or  boys'  woven  breeches,  shorts  other  than 
swimwear  and  trousers  (including  slacks);  w o m e n 's  or 
girls'  woven  trousers  and  slacks,  of  w o o l,  of  cotton  or 
of  man-made  fibres,  lower  parts  of  tracksuits  w i th 
lining,  other  than  category  1 6  or  2 9,  of  cotton  or  of 
man-made  fibres 

| 

M 

I. 

PROTOCOL  7  ON  BEEF AND  VEAL 

7 6. 

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 

9 2 %. 

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 

18  9 16 

tonnes 

142 

tonnes 

Madagascar 

7  579 

tonnes 

Swaziland 

Zimbabwe 

Namibia 

3  3 63 

tonnes 

9  100 

tonnes 

13  0 00 

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  w i sh  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 

7 7.  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  w i th  a  view  to  ensuring  a 

long-term  sustainable  development  of  forests  in  ACP  States  in  conformity  w i th  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  2 0 00  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  w i th  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  w i t h in  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  w i th  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  w i th  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  w i th  the  relevant 

provisions,  use  resources  available  under  the  Community  budget  for  this  purpose." 

>o 

^ 

K. 

FINAL  ACT 

7 8. 

In  the  Final  A c t,  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  w i th  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  t h e m. 

In  this  context  the  enhancement  of  human 

resources  and  the  environment  shall  receive  particular  attention; 

-  their  smooth  and  gradual  integration  into  the  world  economy,  w i th  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: 

Joint  declaration on Article  91 : Centre  for the  Development  of  Industry  (CDI) 

"ANNEX  XIV 

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 

8 0. 

In  the  Final  A c t,  Annex  XXII  shall  be  replaced  by  the  following: 

Joint  declaration  on  Article  141  concerning  cultural  and  social  cooperation 

"ANNEX  XXII 

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." 

8 1. 

In  the  Final  A c t,  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  d o wn  at  the  date  of  signing 

of  this  Convention,  w i th  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  A ND  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  c o m m on 
organization  of  the  market 

Where,  in  the  course  of  a  year,  imports  of 
beef  and  veal  falling  within  CN  codes  0 2 0 1, 
0 2 0 2,  0 2 06  10  9 5,  0 2 06  29  9 1,  1602  50 
10  and  1602  90  61  originating  in  an  ACP 
State  exceed  a  quantity  equivalent  to  that  of 
imports  into  the  Community  from  1 9 69  to 
1 9 74  inclusive  in  which  the  greatest  quantity 
of  Community  imports,  for  the  origin  in 
question  was  recorded,  plus  an  annual 
g r o w th  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,  w h i ch  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 

0408  91  80 
0408  99 80 

6.  PIGMEAT 
CN code: 

0103  91  10 
0103  92 11 
0 1 0 3 92  19 

1501 00  11 
1501 00 19 

1602 
1602 
1602 
1602 
1602 
1602 
1602 
1602 

10 00 
20 90 
41 10 
41 90 
42 10 
49 
90 10 
90 51 

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 

—  Yolks  of  birds'  eggs 

Birds'  eggs 

16%  reduction  in  customs  duties  on the 
following  products: 
—  Live  swine  other 
breeding  animals 

than  pure-bred 

Lard and other  pig fat 

—  Prepared or preserved  meat  of  swine 

—  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 

0 2 10  19  1 0 to 
0 2 10  1 9 89 
0 2 1 0 9 0 31 
0 2 10  90  39 

1601  00 

7.  FISHERY  PRODUCTS 
CN  code:1 

03 
0 5 11  91  90 
1 6 04 
1605 
1 9 02  20  10 
2 3 01  20  00 

8.  SUGAR 
CN  code: 
1 2 1 2 91  10 
1 2 1 2 91  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 

1 7 03 

Hams,  shoulders  and  cuts  thereof, 
w i th  bone  in,  salted,  dried  or  smoked 
Bellies  of  domestic  swine,  salted, 
dried  or  smoked 

Other  cuts  of  domestic  swine, 
salted,  dried  or  smoked 
Edible  flours  and  meals  of  offal  of 
domestic  swine 

Reduction  of  the  third-country  levy  by 
6 5%  within  the  limits  of  an  annual  quota 
of  5 00  tonnes  for: 
—  Sausages  and  similar  products  of 

meat,  meat  offal  or  blood 

Exemption  from  customs  duties  for  all 
products  covered  by  the  common 
organization  of  the  market 

1 6%  reduction  in  customs  duty:  this 
reduction  will  not  be  applicable  w h en  the 
Community,  in  accordance  w i th  its 
Uruguay  Round  commitments,  applies 
additional  duties 

Reduction  of  the  third-country  levy  by 
ECU  0 . 5 / 1 00  kg  within  the  limits  of  an 
annual  quota  of  6 00  0 00  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 

1 2 0 1 00  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 
1 5 1 0 0 0 90 
1511 
1512 
1513 
1514 
1515  11  00 
1515  19 
151521 
1 5 1 5 29 
1 5 1 5 50 
1 5 1 5 9 0 21 
1515  90  29 
1 5 1 5 9 0 31 
1515  90  39 
1 5 1 5 90  40 
1 5 1 5 9 0 51 
1 5 1 5 90  59 
1 5 1 5 90  60 
1 5 1 5 9 0 91 
1515  90  99 
1 5 1 6 10 
1 5 1 6 2 0 91 
1 5 1 6 20  99 
1 5 1 7 1 0 90 

Exemption from  customs  duties 

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: 

0 7 09  90  60  Maize 
0 7 1 2 90  19 
1005  10  90 
1 0 05  90  00 

1 0 07  00  Sorghum 

1 0 08  20  00  Millet 

1101  00  00 
1 1 02  10  00 
1103 11 10 
1103 11 90 
1103 21 00 

1001  10  00 
1001  90  91 
1001  90  99 
1002 00 00 
1003 00 10 
1003 00 90 

1004 00 00 
1008 10 00 

Reduction of  the  third-country  levy  by  ECU 
1.81/tonne 

Reduction  of  the  third-country  levy  by 
6 0%  within  the  limit  of  an  annual  ceiling 
of  100  0 00  tonnes  and  a  5 0%  reduction 
in  the  duty  reintroduced  above  the 
ceiling. 

Non-application  of  the  third-country  levy 
within  the  limits  of  an  annual  ceiling  of 
60  0 00  tonnes  and  a  5 0%  reduction  in 
the  duty  reintroduced  above  the  ceiling. 

1 6%  reduction  in  the  customs  duty 

5 0%  reduction  in  the  customs  duty 
within  a quota  of  1 5  0 00  tonnes. 

^< 

1008  30  00 
1008  90  10 
1 0 08  90  90 

1 1.  RICE 
CN  Code: 

1 0 06  10  21 
to 
1 0 06  10  98 
1 0 06  20 
1 0 06  30 

Paddy  rice 

Husked  rice 
Milled  rice 

In  compliance  w i th  common  rules, 
reduction  of  the  third-country  levy  per 
100  kg: 
— 

— 

— 

— 

for  paddy  rice,  by  6 5%  and  ECU 
0.36 
for  husked  rice  by  6 5%  and  ECU 
0.36 
for  wholly  milled  rice,  by  the 
component  for  the  protection  of  the 
processing  industry,  by  6 5%  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  6 5%  and  ECU  0 . 54 
for  broken  rice  by  6 5%  and 
ECU  0 . 30 

1006  40  00 

Broken  rice 

— 

12.  CEREAL  SUBSTITUTES  AND 
PROCESSED  CEREAL  AND  RICE 
PRODUCTS 
CN  code: 

0 7 14 

1 1 02  20 
1 1 02  30  00 
1 1 02  90 
1103 12 00 
1103 13 
1103 14 00 
1103 19 
1103 29 
1104 

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  0 00  tonnes  (husked  rice 
equivalent)  of  rice  (CN  codes  1 0 06  10  21 
to  1006  10  9 8,  1 0 06  20  and  1 0 06  30) 
and  20  0 00  tonnes  of  broken  rice  (CN 
code  1 0 06  40  00)  be  exceeded,  the 
general  third-country  arrangement  shall 
apply. 

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 

In  addition,  reduction  of  the  variable 
component  of  the  levy  per  100  kg: 
- 

by  ECU  0 . 1 81  for  CN  codes 
0 7 14  1 0 99  and  0 7 1 4 90  19 
(manioc,  salep  and  other  similar 
roots  and  tubers  w i th  high  starch 
content  other  than  arrowroot) 

A<3 

1 1 06  20 
1 1 07 
1 1 08  (excluding  1108  20  00) 

1109 
1702 
1702 
1702 
1702 
1702 
1702 
2106 
2302 
2302 

00 00 
30 91 
30 99 
40 90 
90 50 
90 75 
90 79 
90 55 
10 
20 

2302 
2302 
2302 
2303 
2303 
2308 
2308 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 
2309 

30 
40 
250  00 
10 
30  00 
10  00 
90  30 
10  11 
10  13 
1 0 31 
10  33 
10  51 
10  53 
90  31 
90  33 
90  41 
90  43 
90  51 
90  53 

- 

- 

by  ECU  0 . 3 63  for  CN 
codes  0 7 14  10  10  and  ex  1 1 06  20 
(flours  and  meal  of  sago  and  of 
manioc,  salep  and  other  roots  and 
tubers  falling  w i t h in  CN  code  0 7 1 4, 
other  than  arrowroot  flour  and 
meal) 
by  5 0%  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  0 7 14  10, 
ex  0 7 14  90  1 1,  ex  1 1 06  20  10, 
ex  1106  20  91  and  ex  1 1 06  20  99 

Non-application  of  the  variable 
component  for  products  falling  within  CN 
codes  0 7 14  10  91  and  0 7 14  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 

ex  0 7 07  00  11 
ex  0 7 07  00  19 

0 7 08 

Exemption  from  customs  duties  for  the 
following  products: 
Horse-radish 

Salad  beetroot 

Radishes  (Raphanus  sativus)),  k n o wn  as 
'mooli' 

Small  winter  cucumbers 

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  0 8 01  and  0 8 02 

Reduction  in  customs  duties  on  the 
following  products: 

yttf 

ex  0 7 02  00  10 

ex  0 7 02  00  10 

ex  0 7 03  10  19 

ex  0 7 03  20  00 

ex  0 7 04  90  90 

ex  0 7 05  11  10 

ex  0 7 06  10  00 

ex  0 7 09  10  00 

ex  0709  20  00 

ex  0 8 04  20  10 

Tomatoes  (other  than  cherry  tomatoes) 
from  15  November  to  30  April:  reduction 
of  the  duty  by  6 0%  within  the  limits  of  a 
quota  of  2  0 00  tonnes 

Cherry  tomatoes  from  1 5  November  to 
30  April:  exemption  from  customs  duties 
within  the  limits  of  a  quota  of  2  0 00 
tonnes 

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. 

Chinese  cabbage  from  1  November  to  31 
December.exemption  from  the  customs 
duty. 
For  the  rest  of  the  year,  1 5%  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. 

Carrots  from  1 January  to  31  March: 
exemption  from  the  customs  duty. 
For  the  rest  of  the  years,  1 5%  reduction 
in  the  customs  duty. 

Artichokes  from  1  October  to 
31  December:  exemption  from  the 
customs  duty. 
For  the  rest  of  the  year,  1 5%  reduction  in 
the  customs  duty. 

Asparagus: 
-  exemption  from  the  customs  duty 
from  15  August  to  1  5  January 
-  4 0%  reduction  from  16  January  to 

31  January 

-  1 5%  reduction  for  the  rest  of  the  year 

Figs  (fresh)  from  1  November  to  30  April: 
exemption  from  the  customs  duty  w i t h in 
the  limits  of  a  quota  of  2 00  tonnes 

ylU 

0 8 05  10 

0 8 05  20 

ex 0806 10 21 
ex 0806 10 29 
ex 0806 10 50 

0 8 08  10 

ex  0 8 08  20 

ex  0 8 09  10  00 

ex 0809 20 90 

ex 0809 30 00 

ex 0809 40 1 9 

ex 0810 10 90 

Oranges: 
— 

exemption  from  the  customs  duty 
from  1 5  May  to  30  September  in 
the  framework  of  a  reference 
quantity  of  25  0 00  tonnes 
above  this  quantity  and  throughout 
the  year  an  8 0%  reduction  in  the 
customs  duty 

— 

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  0 00  tonnes 
above  this  quantity  and  throughout 
the  year  an  8 0%  reduction  of  the 
customs  duty 

— 

Table  grapes:  exemption  from  customs 
duties  from  1  December  to  31  January 
within  the  limits  of  a  quota  of  4 00  tonnes 
and  from 
1  February  to  31  March  within  the  limits 
of  a  reference  quantity  of  100  tonnes 

Apples:  reduction  in  the  customs  duty  by 
5 0%  within  the  limits  of  a  quota  of  1 
0 00  tonnes 

Pears:reduction  in  the  customs  duty  by 
6 5%  within  the  limits  of  a  quota 
of  2  0 00  tonnes 

Apricots:  exemption  from  the  customs 
duty  from  1  September 
For  the  rest  of  the  year,  a  1 5%  reduction 
in  the  customs  duty. 

to  30  April. 

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  1 5%  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  1 5%  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  6 00  tonnes. 

sW] 

0 8 10  40  50 

0 8 10  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 

1 6%  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  0 7 10  (other  than  0 7 10  40  0 0, 
0 7 10  80  10  and  0 7 10  80  59) 
ex  0 7 11  (other  than  0 7 11  2 0,  0 7 11 
90  10  and  0 7 11  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 
2 0 08  (other  than  2 0 08  1 1 1 0, 
2 0 08  91  0 0,  2 0 08  99  8 5,  2 0 08  99  91 
and  2 0 08  99  99) 
ex  2 0 09  (other  than  2 0 09  60) 

2 0 07  10  10 

Exemption  from  customs  duties  for  all 
products  covered  by  the  common 
organization  of  the  market 

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 

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: 
2 4 01 

Jams,  fruit  jellies,  marmalades,  fruit 
or  nut  purée  and  fruit  or  nut  pastes 
(other  than  citrus  fruit) 

Fruit,  prepared  or  preserved,  whether  or 
not  containing  added  sugar  or  spirit: 

— 

Pineapples 

—  Grapefruit  segments 

— 

Pears 

— 

Strawberries 

—  Mixtures  of  pineapple,  p a w p aw  and 

pomegranate 

—  Grapes 
— 
— 

Plums 
Passionfruit,  guava  and  tamarinds 

—  Grapefruit  juice 

— 

Pineapple  juice 

— 

Passionfruit  and  guava  juice 

—  Mixtures  of  pineapple,  p a w p aw  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  w h i ch  result  in 
deterioration  of  the  economic  situation  of 
a  region  of  the  Community,  the 

yito 

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 
1 5 1 7 10  10 
1 5 1 7 90  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 
2 0 0 1 90  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  1 0 31 
2102  1 0 39 
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 

Community  may take  the  necessary 
safeguard  measures  pursuant  to 
Article  177(1 ) of  the  Convention, 
including  measures to  offset  deflection  of 
trade. 

Exemption  from  the  fixed  component  for 
the  entire  sector  of  products  processed 
from  agricultural  products  [Régulation 
(EEC)  No  3033/80] 

JU 

3 8 23  60 

1 7 02  50  00 

1 7 04  90  30 

1 8 06  20 

1 8 06  31  00 
1 8 06  32 
1 8 06  90  11 
1 8 06  90  19 
1 8 06  90  31 
1 8 06  90  39 
1 8 06  90  50 
1901 

1 9 03  00  00 

1905 

ex  1 9 05  30 

ex  1 9 05  40  00 

In  addition,  suspension  of  the  variable 
component  for: 
Chemically  pure  fructose 
Sugar  confectionery  (including  white 
chocolate)  not  containing  cocoa 
- 
Chocolate  and  other  food  preparations 
containing  cocoa: 
— 

White  chocolate 

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 
Other,  in  blocks,  slabs  or  bars,  filled 
or  unfilled 

- 

—  Other  chocolate  and  chocolate 

products  and  sugar  confectionery 
and  substitutes  therefor  made  from 
sugar  substitution  products 
containing  cocoa 

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  5 0 %,  not  elsewhere 
specified  or  included;  food  preparations 
of  goods  of  CN  codes  Nos  0 4 01  to 
0 4 0 4,  not  containing  cocoa  powder  or 
containing  cocoa  powder  in  a  proportion 
by  weight  of  less  than  1 0 %,  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 
5 0%  or  more  but  less  than  7 5%  by 
weight  of  starches 

Tapioca  and  substitutes  therefor  prepared 
from  starch,  in  the  form  of  flakes,  grains, 
pearls,  sittings  or  similar  forms 
Bread,  pastry,  cakes,  biscuits  and  other 
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 
- 
— 

Biscuits 
Rusks,  toasted  bread  and  similar 
(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: 
0 1 02  90  10 
0 1 02  90  31 
0 1 02  90  33 
0 1 02  90  35 
0 1 02  90  37 

Live  animals  of  the 
domestic  bovine 
species,  other  than 
pure-bred  breeding 
animals 

0 2 01 
0 2 02 

0 2 06  10  95 
0 2 06  29  91 

0709 90 60 
0712 90 19 
1005 10 90 
1005 90 90 

0714 1091 
071490 11 

Meat  of  bovine 
animals,  fresh  chilled 
or  frozen 

Maize 

(including  yams) 

19. SPECIAL ARRANGEMENTS FOR 
IMPORTS OF RICE INTO REUNION 

Biscuits 

—  Other 
— 
Maize  (corn),  otherwise  prepared  or 
preserved,  not  containing  added  sugar  or 
spirit,  other  than  sweet  corn  (Zea  mays, 
var.  saccharata) 

1 6%  reduction  in  customs  duties  for  the 
following  products: 
— 

Lactose  and  lactose  syrup 

—  Other  sugars  containing  in  the  dry 

— 

state  9 9%  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 

Non-application  of  the  third-country  levy 

Non-application  of  the  third-country 
levy.  Necessary  measures  against 
disturbances  of  the  Community  market 
should  imports  exceed  25  0 00  tonnes 
per  annum 

Non-application  of  the  third-country  levy 
within  the  limits  of  an  annual  quota  of 
2  0 00  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. 

Joint  declaration  on the  consultation and information of  agents  of  development 

ANNEX  LXXX 

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 

W i th  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  o wn  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  w i th  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  w h i ch  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. 

Community  declaration  on  Article  2(d)  of  the  Second  Financial  Protocol 

ANNEX  LXXXV 

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  w i th  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  B A H A M A S, 

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  A ct  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 

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Catalogue number  :  CB-CO-95-758-EN-C 

ISBN 92-77-98647-6 

Office  foi Official Publications of the European Communities 

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