2005/750/EC: Decision No 5/2005 of the ACP-EC Council of Ministers of 25 June 2005 on transitional measures applicable from the date of signing to the date of entry into force of the revised ACP-EC Partnership Agreement
Date: 2005-06-25
Institutions: ACP Council of Ministers
Subjects: ACP countries, Cotonou Agreement, aid policy, interim agreement (EU), revision of an agreement

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II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 5/2005 OF THE ACP-EC COUNCIL OF MINISTERS

of 25 June 2005

on transitional measures applicable from the date of signing to the date of entry into force of the
revised ACP-EC Partnership Agreement

(2005/750/EC)

THE ACP-EC COUNCIL OF MINISTERS,

Having regard to the ACP-EC Partnership Agreement signed in
Cotonou on 23 June 2000, hereinafter referred to as the
‘Agreement’, and in particular Article 95(3) thereof,

Whereas:

(1) The Agreement was concluded for 20 years commencing
on 1 March 2000. However provision was made for the
possibility of amending the provisions of the Agreement
through a revision process after each five-year period.

(2) Under this option, negotiations for the revision of the
‘revised
ACP-EC Partnership Agreement, hereinafter
Agreement’, were concluded in Brussels on 23 February
2005. The revised Agreement was signed in Luxem-
bourg, on 25 June 2005 and will enter into force upon
completion of the ratification procedures referred to in
Article 93 thereof.

(3)

In accordance with Article 95(3) of the Agreement, the
Council of Ministers shall adopt transitional measures to
cover the period from the date of signing to the date of
entry into force of the revised Agreement.

(4) With the exception of the provisions concerning the
release and implementation of the multiannual financial
framework for cooperation, combating terrorism and
cooperation in countering the proliferation of weapons
of mass destruction, and the provisions of Annex IV to

be negotiated in the framework of Article 100 of the
Agreement, the parties deem it appropriate to provide for
early application of the revised Agreement, to take effect
following the date of signature.

resources under

the multiannual

(5) The provisions relating to the release and implementa-
tion of
financial
framework set out in Annex Ia of the revised Agreement
cannot take effect before it enters into force. Therefore,
cooperation will be financed during the transitional
period and up to 31 December 2007 at the latest, from
the resources of
the Ninth EDF and the transferred
balances from previous EDFs.

(6)

the resources available under

Programming of
the
multiannual financial framework may begin before it
enters into force. As soon as the overall budget has been
decided, indicative allocations can be incorporated into
the programming exercise. However, no resources can be
committed until the multiannual financial framework
enters into force.

(7) The Council of

the European Union will decide on
financial and technical assistance
field of
combating terrorism and cooperation in countering the
proliferation of weapons of mass destruction. This
assistance will be financed by specific instruments other
the financing of ACP-EC
than those intended for
cooperation,

in the

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HAS DECIDED AS FOLLOWS (1):

Article 1

Provisional application of the Agreement

from the date of

1. All the revised provisions of the Agreement shall take
early effect,
signature, with the
exception of the required amendments concerning the
multiannual financial framework and relevant parts of
the Cotonou Agreement which, pursuant to paragraph 3
of Annex Ia of the revised Agreement, will be decided by
the ACP-EC Council of Ministers before the entry into
force of the revised Agreement, by way of derogation
from Article 95 of the Agreement.

2. However, the provisional application of the following
provisions shall be conditional upon a prior Decision of
the Council of
the European Union establishing the
availability of the financial resources, set out in figures, as
referred to in the Articles concerned:

(a) Article 11a: fight against terrorism;

(b) Article 11b: cooperation on combating the pro-

liferation of weapons of mass destruction.

3.

The revised provisions of the Agreement are annexed to
this Decision.

Article 2

Implementation of this Decision

The ACP States, the Member States and the Community are
invited to take what they consider to be appropriate steps in
order to implement this Decision.

Article 3

Entry into force and validity of this Decision

This Decision shall enter into force from the date on which the
revised Agreement is signed. It shall apply until the entry into
force of the revised Agreement.

Done at Luxembourg, 25 June 2005.

For the ACP-EC Council of Ministers
The President
V. BORGES

(1)

Subject to the Joint Declaration contained in Annex I to the
Decision.

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ANNEX I

ACP-EC DECLARATION

Each of the parties will endeavour to implement the procedure for ratifying the revised Cotonou Agreement within 18
months of the signing of the revised Agreement, with due regard for national and Community responsibilities and
procedures.

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ANNEX II

‘AGREEMENT

amending the Partnership Agreement between the members of the African, Caribbean and Pacific
Group of States, of the one part, and the European Community and its Member States, of the
other part, signed in Cotonou on 23 June 2000

HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE CZECH REPUBLIC,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE REPUBLIC OF ESTONIA,

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,

THE PRESIDENT OF THE REPUBLIC OF CYPRUS,

THE PRESIDENT OF THE REPUBLIC OF LATVIA,

THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

THE PRESIDENT OF THE REPUBLIC OF HUNGARY,

THE PRESIDENT OF MALTA,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE REPUBLIC OF POLAND,

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THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,

THE PRESIDENT OF THE SLOVAK REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to 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 EUROPEAN COMMUNITY,

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,

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,

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THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO,

THE PRESIDENT OF THE REPUBLIC OF CONGO,

THE GOVERNMENT OF THE COOK ISLANDS,

THE PRESIDENT OF THE REPUBLIC OF 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 GABONESE REPUBLIC,

THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE 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 REPUBLIC OF GUINEA-BISSAU,

THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA,

THE PRESIDENT OF THE 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 THE REPUBLIC OF KIRIBATI,

HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,

THE PRESIDENT OF THE REPUBLIC OF LIBERIA,

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THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,

THE PRESIDENT OF THE REPUBLIC OF MALAWI,

THE PRESIDENT OF THE REPUBLIC OF MALI,

THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS,

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,

THE PRESIDENT OF THE REPUBLIC OF MAURITIUS,

THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA,

THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,

THE PRESIDENT OF THE REPUBLIC OF NAMIBIA,

THE GOVERNMENT OF THE REPUBLIC OF NAURU,

THE PRESIDENT OF THE REPUBLIC OF NIGER,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,

THE GOVERNMENT OF NIUE,

THE GOVERNMENT OF THE REPUBLIC OF PALAU,

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 SAMOA,

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE,

THE PRESIDENT OF THE REPUBLIC OF SENEGAL,

THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,

THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE,

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HER MAJESTY THE QUEEN OF SOLOMON ISLANDS,

THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,

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 PRESIDENT OF THE REPUBLIC OF UGANDA,

THE GOVERNMENT OF THE REPUBLIC OF VANUATU,

THE PRESIDENT OF THE REPUBLIC OF ZAMBIA,

THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE,

whose States are hereinafter referred to as ‘ACP States’,

of the other part,

HAVING REGARD to the Treaty establishing the European Community, on the one hand, and the Georgetown
Agreement establishing the Group of African, Caribbean and Pacific States (ACP), on the other,

HAVING REGARD to the Partnership Agreement between the members of the African, Caribbean and Pacific Group
of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou
on 23 June 2000 (hereinafter referred to as the Cotonou Agreement),

CONSIDERING that Article 95(1) of the Cotonou Agreement lays down that the duration of the Agreement shall be
20 years, starting on 1 March 2000,

CONSIDERING that the second subparagraph of Article 95(3) of the Cotonou Agreement provides that 10 months
before the expiry of each five-year period, the Parties shall enter into negotiations with a view to examining any
possible amendments to the provisions of the Cotonou Agreement,

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HAVE DECIDED to sign this Agreement amending the Cotonou Agreement and to this end have designated as their
Plenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE CZECH REPUBLIC,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE REPUBLIC OF ESTONIA,

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,

THE PRESIDENT OF THE REPUBLIC OF CYPRUS,

THE PRESIDENT OF THE REPUBLIC OF LATVIA,

THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

THE PRESIDENT OF THE REPUBLIC OF HUNGARY,

THE PRESIDENT OF MALTA,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE REPUBLIC OF POLAND,

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,

THE PRESIDENT OF THE SLOVAK REPUBLIC,

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THE PRESIDENT OF THE REPUBLIC OF FINLAND,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

THE EUROPEAN COMMUNITY,

THE PRESIDENT OF THE REPUBLIC OF ANGOLA,

HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA,

THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS,

THE HEAD OF STATE OF BARBADOS,

HER MAJESTY THE QUEEN OF BELIZE,

THE PRESIDENT OF THE REPUBLIC OF BENIN,

THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,

THE PRESIDENT OF BURKINA FASO,

THE PRESIDENT OF THE REPUBLIC OF BURUNDI,

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 DEMOCRATIC REPUBLIC OF CONGO,

THE PRESIDENT OF THE REPUBLIC OF CONGO,

THE GOVERNMENT OF THE COOK ISLANDS

THE PRESIDENT OF THE REPUBLIC OF CÔTE D'IVOIRE,

THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI,

THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA,

THE PRESIDENT OF THE DOMINICAN REPUBLIC,

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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 GABONESE REPUBLIC,

THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE 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 REPUBLIC OF GUINEA-BISSAU,

THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA,

THE PRESIDENT OF THE 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 THE REPUBLIC OF KIRIBATI,

HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,

THE PRESIDENT OF THE REPUBLIC OF LIBERIA,

THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,

THE PRESIDENT OF THE REPUBLIC OF MALAWI,

THE PRESIDENT OF THE REPUBLIC OF MALI,

THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS,

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,

THE PRESIDENT OF THE REPUBLIC OF MAURITIUS,

THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA,

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THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,

THE PRESIDENT OF THE REPUBLIC OF NAMIBIA,

THE GOVERNMENT OF THE REPUBLIC OF NAURU,

THE PRESIDENT OF THE REPUBLIC OF NIGER,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,

THE GOVERNMENT OF NIUE,

THE GOVERNMENT OF THE REPUBLIC OF PALAU,

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 SAMOA,

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE,

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 SOLOMON ISLANDS,

THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,

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,

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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 PRESIDENT OF THE REPUBLIC OF UGANDA,

THE GOVERNMENT OF THE REPUBLIC OF VANUATU,

THE PRESIDENT OF THE REPUBLIC OF ZAMBIA,

THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE,

WHO, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

Sole Article

2.

The tenth recital, commencing ‘CONSIDERING that
the
development targets and principles …’, shall be replaced by
the following:

In accordance with the procedure laid down in Article 95 thereof, the
Cotonou Agreement shall be amended by the following provisions:

A.

PREAMBLE

1.

the eighth recital, commencing‘CONSIDERING the
the

After
Convention for the Protection of Human Rights …’,
following recitals shall be inserted:

‘CONSIDERING that
the Millennium Development Goals
emanating from the Millennium Declaration adopted by the
United Nations General Assembly in 2000, in particular the
eradication of extreme poverty and hunger, as well as the
development
targets and principles agreed in the United
Nations Conferences, provide a clear vision and must underpin
ACP-EU cooperation within this Agreement;’.

TEXT OF THE ARTICLES
B.
OF THE COTONOU AGREEMENT

1.

In Article 4, the introductory part shall be replaced by the
following:

‘REAFFIRMING that the most serious crimes of concern to the
international community must not go unpunished and that
their effective prosecution must be ensured by taking measures
at national level and by enhancing global collaboration;

CONSIDERING that the establishment and effective functioning
of the International Criminal Court constitutes an important
development for peace and international justice;’.

‘The ACP States shall determine the development principles,
strategies and models of their economies and societies in all
sovereignty. They shall establish, with the Community, the
cooperation programmes provided for under this Agreement.
However, the Parties recognise the complementary role of and
potential
for contributions by non-State actors and local
decentralised authorities to the development process. To this
end, under the conditions laid down in this Agreement, non-
State actors and local decentralised authorities shall, where
appropriate:’.

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2.

Article 8 shall be amended as follows:

(b)

the following paragraph shall be added:

(a)

paragraph 2 shall be replaced by the following:

‘2.
The objective of this dialogue shall be to exchange
information,
to foster mutual understanding and to
facilitate the establishment of agreed priorities and shared
in particular by recognising existing links
agendas,
between the different aspects of the relations between
the Parties and the various areas of cooperation as laid
down in this Agreement. The dialogue shall facilitate
consultations between the Parties within international
fora. The objectives of the dialogue shall also include
preventing situations arising in which one Party might
deem it necessary to have recourse to the consultation
procedures envisaged in Articles 96 and 97.’;

‘6.
In promoting the strengthening of peace and
international justice, the Parties reaffirm their determina-
tion to:

— share experience in the adoption of legal adjust-
ments required to allow for the ratification and
implementation of
the
International Criminal Court; and

the Rome Statute of

— fight against international crime in accordance with
international law, giving due regard to the Rome
Statute.

(b)

paragraph 6 shall be replaced by the following:

The Parties shall seek to take steps towards ratifying and
implementing the Rome Statute and related instruments.’.

‘6.
The dialogue shall be conducted in a flexible
manner. The dialogue shall be formal or
informal
according to the need, and conducted within and outside
the institutional framework,
including the ACP Group,
in the appropriate
the Joint Parliamentary Assembly,
format and at the appropriate level, including regional,
sub-regional or national level.’;

5.

The following Articles shall be inserted:

‘Article 11a

F i g h t a g a i n s t t e r r o r i s m

(c)

the following paragraph shall be inserted:

‘6a. Where appropriate, and in order
to prevent
situations arising in which one Party might deem it
necessary to have recourse to the consultation procedure
foreseen in Article 96, dialogue covering the essential
elements shall be systematic and formalised in accordance
with the modalities set out in Annex VII.’.

in accordance with the Charter of

The Parties reiterate their firm condemnation of all acts of
terrorism and undertake to combat terrorism through interna-
tional cooperation,
the
United Nations and international law, relevant conventions and
instruments and in particular full
implementation of UN
Security Council Resolutions 1373 (2001) and 1456 (2003)
and other relevant UN resolutions. To this end, the Parties agree
to exchange:

3.

The title of Article 9 shall be replaced by the following:

— information on terrorist groups and their

support

networks; and

e l e m e n t s

‘ E s s e n t i a l
h u m a n
r i g h t s , d e m o c r a t i c p r i n c i p l e s a n d t h e r u l e
o f l a w, a n d f u n d a m e n t a l e l e m e n t r e g a r d i n g
g o o d g o v e r n a n c e ’ .

r e g a r d i n g

— views on means and methods to counter terrorist acts,
including in technical fields and training, and experiences
in relation to the prevention of terrorism.

4.

Article 11 shall be amended as follows:

Article 11b

(a)

the following paragraph shall be inserted:

C o o p e r a t i o n
p r o l i f e r a t i o n
d e s t r u c t i o n

i n

o f

c o u n t e r i n g
o f

w e a p o n s

t h e
m a s s

‘3a. The Parties also undertake to cooperate in the
prevention of mercenary activities in accordance with
their obligations under international conventions and
instruments, and their respective legislations and regula-
tions.’;

1. The Parties consider that the proliferation of weapons of
mass destruction and their means of delivery, both to State and
non-State actors, represents one of the most serious threats to
international stability and security.

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The Parties therefore agree to cooperate and to contribute to
countering the proliferation of weapons of mass destruction
and their means of delivery through full compliance with and
national
implementation of their existing obligations under
international disarmament and non-proliferation treaties and
agreements and other relevant international obligations.

The consultations shall begin no later than 30 days after the
invitation and shall continue for a period established by mutual
agreement, depending on the nature and gravity of
the
violation. In no case shall the dialogue under the consultation
procedure last longer than 120 days.

The Parties agree that this provision constitutes an essential
element of this Agreement.

6.
If the consultations do not lead to a solution acceptable to
both Parties, if consultation is refused or in cases of special
urgency, appropriate measures may be taken. These measures
shall be revoked as soon as the reasons for taking them no
longer prevail.’.

2. The Parties
contribute to the objective of non-proliferation by:

furthermore agree to cooperate and to

6.

The following point shall be added to Article 23:

— taking steps to sign, ratify or accede to, as appropriate,
international

relevant

and fully implement all other
instruments,

— the establishment of an effective system of national
export controls, controlling the export as well as transit
of weapons of mass destruction related goods, including a
weapons of mass destruction end-use control on dual-use
technologies and containing effective
for
breaches of export controls.

sanctions

‘l)

the promotion of traditional knowledge.’.

7.

In Article 25(1), point (d) shall be replaced by the following:

‘(d)

promoting the fight against:

— HIV/AIDS, ensuring the protection of sexual and

reproductive health and rights of women;

— other poverty-related diseases, particularly malaria

and tuberculosis;’.

Financial and technical assistance in the area of cooperation to
counter the proliferation of weapons of mass destruction will
be financed by specific instruments other than those intended
for the financing of ACP-EC cooperation.

8.

Article 26 shall be amended as follows:

(a)

points (c) and (d) shall be replaced by the following:

3. The Parties agree to establish a regular political dialogue
that will accompany and consolidate their cooperation in this
area.

the Organisation for

4.
If, after having conducted a strengthened political dialogue,
a Party, informed in particular by reports by the International
the
Atomic Energy Agency (IAEA),
Prohibition of Chemical Weapons (OPCW) and other relevant
multilateral institutions, considers that the other Party has failed
to fulfil an obligation stemming from paragraph 1,
it shall,
except in cases of special urgency, supply the other Party and
both the ACP and the EU Councils of Ministers with the
relevant information required for a thorough examination of
the situation with a view to seeking a solution acceptable to the
Parties. To this end,
invite the other Party to hold
consultations that focus on the measures taken or to be taken
by the Party concerned to remedy the situation.

it shall

‘(c)

to give
helping community-based institutions
children the opportunity to develop their physical,
psychological, social and economic potential;

(d)

reintegrating into society children in post-conflict
situations through rehabilitation programmes; and’;

(b)

the following point shall be added:

‘(e)

promoting the active participation of young citizens
in public life and fostering student exchanges and
interaction of ACP and EU youth organisations.’.

9.

The introductory part of Article 28 shall be replaced by the
following:

5. The consultations shall be conducted at the level and in the
form considered most appropriate for finding a solution.

‘Cooperation shall provide effective assistance to achieve the
objectives and priorities which the ACP States have set
regional and sub-regional
themselves

in the context of

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cooperation and integration, including inter-regional and intra-
ACP cooperation. Regional cooperation may also involve non-
ACP developing countries as well as Overseas Countries and
Territories (OCTs) and outermost regions.
In this context,
cooperation support shall aim to:’.

10.

In Article 29(a), point (i) shall be replaced by the following:

‘(i)

regional integration institutions and organisations set up
by the ACP States and those with ACP State participation
that promote regional cooperation and integration, and’.

11.

Paragraph 2 of Article 30 shall be replaced by the following:

Cooperation shall also support

‘2.
inter and intra-ACP
cooperation schemes and initiatives, including those involving
non-ACP developing countries.’.

12.

The following indent shall be added to Article 43(4):

‘

the development and encouragement of the use of local
content for Information and Communication Technolo-
gies.’.

13. Article 58 shall be replaced by the following:

Subject

to the agreement of

the ACP State or States
2.
concerned, the following shall also be eligible for financial
support:

(a)

national and/or regional public or semi-public agencies
and departments of ACP States,
including Parliaments,
and, in particular, their financial institutions and devel-
opment banks;

(b)

companies, firms and other private organisations and
private operators of ACP States;

(c)

enterprises of a Community Member State to enable
them, in addition to their own contribution, to undertake
productive projects in the territory of an ACP State;

(d) ACP or Community financial

intermediaries providing,
promoting and financing private investments in ACP
States;

(e)

(f)

local decentralised authorities from ACP States and the
Community; and

developing countries that are not part of the ACP Group
where they participate in a joint initiative or regional
organisation with ACP States.

3. Non-State actors from ACP States and the Community
which have a local character shall be eligible for financial
support provided under this Agreement, according to the
indicative
modalities agreed in the national and regional
programmes.’.

‘Article 58

14.

Paragraphs 2 and 3 of Article 68 shall be replaced by the
following:

E l i g i b i l i t y f o r f i n a n c i n g

1. The following entities or bodies shall be eligible for
financial support provided under this Agreement:

(a) ACP States;

‘2.
The purpose of support in cases of short-term fluctua-
tions in export earnings is to safeguard socioeconomic reforms
and policies that could be affected negatively as a result of a
drop in revenue and to remedy the adverse effects of instability
of export earnings, in particular from agricultural and mining
products.

3.
The extreme dependence of the ACP States' economies on
exports, in particular from the agricultural and mining sectors,
shall be taken into account in the allocation of resources in the
the least developed,
In this context,
year of application.
landlocked and island, post-conflict and post natural disaster
ACP States shall receive more favourable treatment.’.

(b)

regional or inter-State bodies to which one or more ACP
including bodies with non-ACP State
States belong,
members, which are authorised by those ACP States; and

15.

In Article 89, paragraph 1 shall be replaced by the following:

(c)

joint bodies set up by the ACP States and the Community
to pursue certain specific objectives.

‘1.
Specific actions shall be pursued to support island ACP
States in their efforts to halt and reverse their increasing
vulnerability caused by new and severe economic, social and

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ecological challenges. These actions shall seek to advance the
implementation of the small island developing States' priorities
for sustainable development, while promoting a harmonised
approach to their economic growth and human development.’.

the consultations do not

lead to a solution
If
acceptable to both Parties, if consultation is refused
or in cases of special urgency, appropriate measures
may be taken. These measures shall be revoked as
soon as the reasons for taking them no longer
prevail.’.

16. Article 96 shall be amended as follows:

17.

In Article 97, paragraph 2 shall be replaced by the following:

(a)

The following paragraph shall be inserted:

‘2.
In such cases either Party may invite the other to enter
into consultations. Such consultations shall begin no later than
30 days after the invitation and dialogue under the consulta-
tions procedure shall last no longer than 120 days.’.

‘1a. Both Parties agree to exhaust all possible options for
dialogue under Article 8, except
in cases of special
urgency, prior to commencement of the consultations
referred to in paragraph 2(a) of this Article.’;

18. Article 100 shall be replaced by the following:

‘Article 100

(b)

In paragraph 2, point
following:

(a) shall be replaced by the

S t a t u s o f t h e t e x t s

‘(a)

If, despite the political dialogue on the essential
elements as provided for under Article 8 and
paragraph 1a of this Article, a Party considers that
the other Party fails to fulfil an obligation stemming
from respect for human rights, democratic princi-
ples and the rule of law referred to in Article 9(2), it
shall, except in cases of special urgency, supply the
other Party and the Council of Ministers with the
relevant
information required for a thorough
examination of the situation with a view to seeking
a solution acceptable to the Parties. To this end, it
shall
invite the other Party to hold consultations
that focus on the measures taken or to be taken by
the Party concerned to remedy the situation in
accordance with Annex VII.

The Protocols and Annexes attached to this Agreement shall
form an integral part thereof. Annexes Ia, II, III, IV and VI may
be revised,
reviewed and/or amended by the Council of
Ministers on the basis of a recommendation from the ACP-
EC Development Finance Cooperation Committee.

This Agreement, drawn up in two copies in the Czech, Danish,
Dutch, English, Estonian, Finnish, French, German, Greek,
Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portu-
guese, Slovak, Slovenian, Spanish and Swedish languages, all
texts being equally authentic, shall be deposited in the archives
of the General Secretariat of the Council of the European Union
and the Secretariat of the ACP States, which shall both transmit
a certified copy to the government of each of the Signatory
States.’.

The consultations shall be conducted at the level
and in the form considered most appropriate for
finding a solution.

C.

ANNEXES

1.

In Annex I, the following point shall be added:

The consultations shall begin no later than 30 days
after the invitation and shall continue for a period
established by mutual agreement, depending on the
nature and gravity of the violation. In no case shall
the dialogue under the consultations procedure last
longer than 120 days.

‘9.
By derogation from Article 58 of this Agreement, an
amount of EUR 90 million shall be transferred to the intra ACP
envelope under the 9th EDF. This amount may be allocated to
finance devolution for the period 2006 to 2007, and shall be
managed directly by the Commission.’.

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2.

The following Annex shall be inserted:

initiative or a new internationally agreed debt
sustainability framework;

‘ANNEX Ia

Multiannual
financial
under this Agreement

framework of cooperation

For the purposes set out in this Agreement and for a
1.
period beginning on 1 March 2005, a multiannual financial
framework of cooperation shall cover commitments beginning
on 1 January 2008 for a period of five or six years.

For this new period, the European Union shall maintain
2.
its aid effort to ACP States at least at the same level as that of
the 9th EDF, not including balances; to this shall be added,
based on Community estimates, the effects of inflation, growth
within the European Union and enlargement
to 10 new
Member States in 2004.

Any required amendments to the multiannual financial
3.
framework or relative parts of the Agreement shall be decided
by the Council of Ministers by derogation from Article 95 of
this Agreement.’.

(b)

for projects which involve
restructuring
operations in the framework of privatisation
or for projects with substantial and clearly
demonstrable social or environmental bene-
fits. In such cases, loans may be extended with
an interest rate subsidy the amount and form
of which shall be decided with respect to the
particular characteristics of the project. How-
ever, the interest rate subsidy shall not be
higher than 3 %.

The final rate of loans falling under (a) or (b)
shall, in any case, never be less than 50 % of
the reference rate.’;

(ii)

paragraph 9 shall be replaced by the following:

‘9.
Interest subsidies may be capitalised or may be
used in the form of grants. Up to 10 % of the budget
for interest rate subsidies may be used to support
project related technical assistance in ACP coun-
tries.’;

3.

Annex II shall be amended as follows:

(b) Article 3 shall be amended as follows:

(a) Article 2 shall be amended as follows:

(i)

paragraph 1 shall be replaced by the following:

(i)

paragraph 7 shall be replaced by the following:

‘7. Ordinary loans may be extended on conces-
sional terms and conditions in the following cases:

(a)

(aa)

for infrastructure projects in the Least Devel-
oped Countries, in post-conflict countries and
post-natural disaster countries — other than
(aa) — that are
those referred to under
prerequisites for private sector development.
In such cases, the interest rate of the loan will
be reduced by 3 %;

for infrastructure projects by commercially-
run public entities, that are prerequisites for
private sector development in countries sub-
ject to restrictive borrowing conditions under
the Heavily Indebted Poor Countries (HIPC)
initiative or another
internationally agreed
debt sustainability framework. In such cases,
the Bank shall seek to reduce the average cost
of
funds through appropriate co-financing
with other donors. Should this not be deemed
possible, the interest rate of the loan may be
required to
reduced by such amount as
comply with the level arising from the HIPC

‘1.
The Investment Facility shall operate in all
economic sectors and support
investments of
private and commercially run public sector entities,
including revenue generating economic and tech-
nological
the private
sector. The Facility shall:

infrastructure critical

for

(a)

(b)

(c)

be managed as a revolving fund and aim at
being financially sustainable.
Its operations
shall be on market-related terms and condi-
tions and shall avoid creating distortions on
local markets and displacing private sources of
finances;

support the ACP financial sector and have a
catalytic effect by encouraging the mobilisa-
tion of long-term local resources and attract-
ing foreign private investors and lenders to
projects in the ACP States;

bear part of the risk of the projects it funds, its
financial sustainability being ensured through
from
the portfolio as a whole and not
individual interventions; and

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(d)

seek to channel funds through ACP national
and regional institutions and programmes that
promote the development of small-and med-
ium-sized enterprises (SMEs).’;

(ii)

the following paragraph shall be inserted:

‘1a. The Bank shall be remunerated for the
cost incurrred in managing the Investment
Facility. For the first two years after the entry
into force of the second financial protocol,
this remuneration shall be up to an amount of
2 % p. a. of the total initial endowment of the
Investment Facility. Thereafter, the remunera-
include a fixed
tion of
component of 0,5 % p. a. of
the initial
endowment and a variable component of an
amount of up to 1,5 % p. a. of the portfolio of
is invested in
the Investment Facility that
projects in ACP countries. The remuneration
shall be financed out of
the Investment
Facility.’;

the Bank shall

(c)

In Article 5, point (b) shall be replaced by the following:

‘(b)

in the case of ordinary loans and risk capital
financing for small-and medium-sized enterprises
(SMEs), the exchange rate risk shall, as a general
rule, be shared by the Community, on the one hand,
and by the other Parties involved, on the other. On
average, the foreign exchange rate risk should be
shared equally; and’;

(d)

The following Articles shall be inserted:

Article 6b

Review of performance of the Investment
Facility

The overall performance of the Investment Facility shall
be subject to a joint review at the mid-term and end-term
of a financial protocol. Such an exercise may include a
recommendation on how to improve the implementation
of the Facility.’.

4.

Annex IV shall be amended as follows:

(a) Article 3 shall be amended as follows:

(i)

in paragraph 1, point (a) shall be replaced by the
following:

‘(a)

needs shall be assessed on the basis of criteria
pertaining to per capita income, population
size, social indicators and level of indebted-
ness, export earning losses and dependence on
export earnings, in particular in the sectors of
agriculture and mining. Special treatment shall
be accorded to the least developed ACP States,
and the vulnerability of island and landlocked
States shall duly be taken into account. In
addition, account
the
particular difficulties of countries dealing with
the aftermath of conflict or natural disaster;
and’;

shall be taken of

(ii)

the following paragraph shall be added:

‘5. Without prejudice to Article 5(7) concerning
reviews,
in order to take
account of special needs or exceptional perfor-
mance, increase a country's allocation.’;

the Community may,

‘Article 6a

(b) Article 4 shall be amended as follows:

Annual reporting on the Investment Facility

Representatives of the EU Member States responsible for
the Investment Facility, Representatives of the ACP States,
as well as the European Investment Bank, the European
Commission, the EU Council Secretariat and the ACP
Secretariat shall meet annually to discuss the operations,
performance and policy questions concerning the Invest-
ment Facility.

(i)

paragraph 1 shall be replaced by the following:

‘1.
Upon receipt of the information referred to
above, each ACP State shall draw up and submit to
the Community a draft indicative programme on
the basis of and consistent with its development
objectives and priorities as expressed in the CSS.
The draft indicative programme shall contain:

(a)

the focal sector, sectors or areas on which
support should be concentrated;

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(b)

the most appropriate measures and operations
for attaining the objectives and targets in the
focal sector, sectors or areas;

(c)

the resources reserved for programmes and
projects outside the focal sector(s) and/or the
broad outlines of such activities, as well as an
indication of the resources to be deployed for
each of these elements;

(d)

the types of non-State actors eligible for
funding, in accordance with the criteria laid
down by the Council of Ministers,
the
resources allocated for non-State actors and
the type of activities to be supported, which
must be not-for-profit;

(e)

proposals
projects; and

for

regional programmes

and

(f)

a reserve for insurance against possible claims
and to cover cost increases and contingen-
cies.’;

(a)

(b)

specific and clearly identified operations,
especially those that can be committed before
the next review;

a timetable for implementation and review of
the indicative programme, including commit-
ments and disbursements of resources; and

(c)

the parameters and criteria for the reviews.’;

(iii)

the following paragraph shall be added:

‘5. When an ACP State faces a crisis situation as
the result of a war or other conflict, or exceptional
circumstances with a comparable effect, preventing
the National Authorising Officer from carrying out
his duty, the Commission may itself manage the
resources allocated to the State in question in
accordance with Article 3 and use it for special
support may concern peace-
support. Special
building policies, conflict management and resolu-
tion, post-conflict support,
including institution-
building, economic and social-development activ-
ities, taking particular account of the needs of the
most vulnerable sections of the population. The
Commission and the ACP State concerned shall
revert
implementation and normal
management procedures as soon as the authorities
responsible for managing cooperation are able to do
so once more.’;

to normal

(c) Article 5 shall be amended as follows:

(i)

throughout this article, the term ‘Head of Delega-
tion’ shall be replaced by the term ‘Commission’;

(ii)

in paragraph 4, point (b) shall be replaced by the
following:

‘(b)

programmes and projects outside the focal
sector(s);’;

(ii)

paragraph 3 shall be replaced by the following:

(iii) paragraph 7 shall be replaced by the following:

‘3.
The draft indicative programme shall be the
subject of an exchange of views between the ACP
State concerned and the Community. The indicative
programme shall be adopted by common agree-
ment between the Commission on behalf of the
Community and the ACP State concerned. It shall,
when adopted, be binding on both the Community
and that State. This indicative programme shall be
annexed to the CSS and shall in addition contain:

‘7.
Following the completion of the mid-term and
end-of-term reviews,
the Commission may, on
revise the resource
behalf of
allocation in the light of current needs and
performance of the ACP State concerned.’;

the Community,

(d)

In Article 6, paragraph 1 shall be replaced by the
following:

Regional cooperation shall cover operations bene-

‘1.
fiting and involving:

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(a)

two or more or all ACP States as well as any non-
ACP developing countries participating in these
operations, and/or

(g) Article 12 shall be replaced by the following:

‘Article 12

Intra-ACP cooperation

(b)

a regional body of which at least two ACP States are
members, including those with members which are
non-ACP countries.’;

(e) Article 9 shall be replaced by the following:

‘Article 9

Resource allocation

the beginning of

the period covered by the
1. At
Financial Protocol, each region shall receive from the
Community an indication of the volume of resources
from which it may benefit during a five-year period. The
indicative resource allocation shall be based on an
estimate of needs and the progress and prospects in the
process of regional cooperation and integration. In order
to achieve an adequate scale and to increase efficiency,
regional and national funds may be mixed for financing
regional operations with a distinct national component.

2. Without prejudice to Article 11 concerning reviews,
the Community may, in order to take account of new
needs or exceptional performance,
increase a region's
allocation.’;

(f)

In Article 10(1), point
following:

(c) shall be replaced by the

the beginning of

the period covered by the
1. At
Financial Protocol, the Community shall indicate to the
ACP Council of Ministers the part of the funds earmarked
for
shall be set aside for
that
operations that benefit many or all ACP States. Such
operations may transcend the concept of geographic
location.

regional operations

2. The Community may, in order to take account of
new needs
intra-ACP
activities, increase the allocation for intra-ACP coopera-
tion.’.;

increasing the impact of

for

(h) Article 13 shall be replaced by the following:

‘Article 13

Requests for financing

1. Requests for financing of regional programmes shall
be submitted by:

(a)

a duly mandated regional body or organisation; or

(b)

a duly mandated sub-regional body or organisation
or an ACP State in the region concerned at the
programming stage, provided that the operation has
been identified in the RIP.

2. Requests for financing of
shall be submitted by:

intra-ACP programmes

(a)

at least three duly mandated regional bodies or
organisations belonging to different geographic
regions, or at least two ACP States from each of
the three regions; or

(b)

the ACP Council of Ministers, or
Committee of Ambassadors; or

the ACP

‘(c)

the programmes
enabling those
and projects
objectives to be attained, insofar as they have been
clearly identified, as well as an indication of the
resources to be deployed for each of these elements
and a timetable for their implementation.’;

(c)

contribute

international organisations carrying out operations
that
regional
cooperation and integration, such as the African
to prior approval by the ACP
Union, subject
Committee of Ambassadors.’;

to the objectives of

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(i)

Article 14 shall be replaced by the following:

(j)

In Chapter 3, the title shall be replaced by the following:

‘Article 14

Procedures for implementation

1.

(deleted)

2.

(deleted)

3. Account being taken of the objectives and inherent
characteristics of regional cooperation,
including intra-
ACP cooperation, operations undertaken in this sphere
shall be governed by the procedures established for
development finance cooperation where applicable.

4.
In particular and subject to paragraphs 5 and 6, any
regional programme or project financed from the Fund
shall give rise to:

(a)

(b)

either, in accordance with Article 17, a financing
agreement drawn up between the Commission and
one of the bodies mentioned in Article 13; in such
cases, the relevant body shall designate a Regional
Authorising Officer whose duties correspond muta-
tis mutandis with those of the National Authorising
Officer;

or a grant contract as defined in Article 19a drawn
up between the Commission and one of the bodies
mentioned in Article 13, depending on the nature
of the action and where the relevant body, other
than an ACP State, is responsible for carrying out
the programme or project.

Programmes and projects financed from the Fund
5.
and for which requests for financing have been presented
by international organisations in accordance with Article
13(2)(c) shall give rise to the drawing up of a grant
contract.

6.
Programmes and projects financed from the Fund for
which requests for financing have been presented by the
ACP Council of Ministers or Committee of Ambassadors
shall be implemented either by the ACP Secretariat, in
which case a financing agreement shall be drawn up
between the Commission and the Secretariat in accor-
dance with Article 17, or by the Commission, depending
on the nature of the action.’;

‘APPRAISAL AND FINANCING’;

(k) Article 15 shall be replaced by the following:

‘Article 15

Identification, preparation and appraisal of
programmes and projects

1.
Programmes and projects that have been presented
by the ACP State concerned shall be subject to joint
appraisal. The ACP-EC Development Finance Cooperation
Committee shall develop the general guidelines and
criteria for appraisal of programmes and projects. These
programmes and projects are generally multiannual and
may incorporate a whole range of actions of a limited size
in a particular area.

Programme and project dossiers prepared and
2.
information
submitted for financing must contain all
necessary for
the programmes and
projects or, where programmes and projects have not
been completely defined, provide the broad outlines
necessary for their appraisal.

the appraisal of

Programme and project appraisal shall

3.
take due
account of national human resource constraints and
ensure a strategy favourable to the promotion of such
It shall also take into account the specific
resources.
characteristics and constraints of each ACP State.

4.
Programmes and projects to be implemented by non-
State actors which are eligible in accordance with this
Agreement may be appraised by the Commission alone
and give rise to the establishment, between the Commis-
sion and non-State actors, of grant contracts as defined in
Article 19a. This appraisal shall comply with Article 4(1)
(d) regarding the types of actors, their eligibility and the
type of activity to be supported. The Commission,
through the Head of Delegation, shall inform the National
Authorising Officer of such allocated grants.’;

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(l)

Article 16 shall be replaced by the following:

‘Article 16

Financing proposal and decision

1. The conclusions of the appraisal shall be summarised
in a financing proposal, the final version of which shall be
drawn up by the Commission in close collaboration with
the ACP State concerned.

2.

(deleted)

3.

(deleted)

4. The Commission, acting on behalf of the Commu-
nity, shall communicate its financing decision to the ACP
State concerned within 90 days from the date on which
the final version of the financial proposal is drawn up.

5. Where the financing proposal is not adopted by the
Commission on behalf of the Community, the ACP State
concerned shall be informed immediately of the reasons
for that decision. In such a case, the representatives of the
ACP State concerned may, within 60 days thereafter,
request either:

(a)

that the matter be referred to the ACP-EC Develop-
ment Finance Cooperation Committee set up under
this Agreement; or

(b)

that they be given a hearing by the Community's
representatives.

6.
Following such a hearing, a definitive decision to
adopt or reject the financing proposal shall be taken by
the Commission on behalf of the Community. Before any
decision is taken, the ACP State concerned may forward
to the Commission any facts which may appear necessary
to supplement the information available to it.’;

(m) Article 17 shall be replaced by the following:

‘Article 17

Financing Agreement

1.
Save as otherwise provided for in this Agreement, for
any programme or project financed from the Fund, a
financing agreement shall be drawn up between the
Commission and the ACP State concerned.

2. The financing agreement shall be drawn up between
the Commission and the ACP State concerned within 60
days of the decision taken by the Commission on behalf
of the Community. The financing agreement shall:

(a)

specify, in particular, the details of the Community's
financial contribution, the financing arrangements
and terms and the general and specific provisions
relating to the programme or project concerned;
and

(b) make adequate provision for appropriations to

cover cost increases and contingencies.

3. Any unexpended balance left upon closure of the
accounts of programmes and projects shall accrue to the
ACP State or States concerned.’;

(n) Article 18 shall be replaced by the following:

‘Article 18

Overrun

1. Once it appears that there is a risk of cost over-runs
over and above the financing available under
the
financing agreement, the National Authorising Officer
its prior
shall notify the Commission and request
approval on the measures which the National Authorising
Officer intends to take in order to cover such cost over-
runs, either by reducing the scale of the programme or
project or by calling on national or other non-Commu-
nity resources.

it

If

is not possible to reduce the scale of

2.
the
programme or project or to cover the over-runs with
other resources, the Commission, acting on behalf of the
Community, may, on the basis of a reasoned request from
the National Authorising Officer,
take an additional
financing decision on resources from the indicative
programme.’;

(o) Article 19 shall be replaced by the following:

‘Article 19

Retroactive financing

1.
In order to ensure early project start-up, avoid gaps
between sequential projects and prevent delays, the ACP
States may, on completion of project appraisal and before
the financing decision is taken, pre-finance activities
linked to the start-up of programmes, preliminary and
seasonal work, orders for equipment with long delivery
lead times as well as some on-going operations. Such
expenditure shall satisfy the procedures provided for in
this Agreement.

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2. Any expenditure referred to in paragraph 1 shall be
mentioned in the financing proposal and shall be without
prejudice
financing decision taken by the
Commission on behalf of the Community.

to the

In the context of

this Annex, grants are direct
3.
financial contributions awarded by way of a donation in
order to finance:

3.
Expenditure made by the ACP State under this Article
shall be retroactively financed under the programme or
project, once the financing agreement is signed.’;

(p)

In Chapter 4, the title shall be replaced by the following:

(a)

either an action designed to help achieve an
objective of this Agreement or of a programme or
project adopted in accordance with this Agreement,
or

(b)

the functioning of a body which pursues such an
objective.

Grants shall be covered by a written contract.

‘IMPLEMENTATION’;

Article 19b

(q)

The following Articles shall be inserted:

‘Article 19a

Implementation measures

Tender procedure with suspension clause

In order to ensure early project start-up, the ACP States
may, in all duly substantiated cases and in agreement with
the Commission, issue invitations to tender for all types
of contracts with a suspension clause, once project
appraisal is completed but before the financing decision is
taken. Such a provision must be mentioned in the
financing proposal.’;

(r)

Article 20 shall be replaced by the following:

1. Where financial execution is
the Commission's
responsibility, implementation of programmes and pro-
jects financed from the Fund shall consist chiefly of the
following:

‘Article 20

Eligibility

(a)

awarding of procurement contracts;

(b)

awarding of grants;

(c)

performance by direct labour;

(d)

direct payments as budgetary support, support for
sectoral programmes, debt relief and support to
cover short-term fluctuations in export earnings.

2.
In the context of this Annex, procurement contracts
are contracts for pecuniary interest concluded in writing
in order to obtain, against payment of a price, the supply
the
of movable assets,
provision of services.

the execution of works or

Save where a derogation is granted in accordance with
Article 22, and without prejudice to Article 26:

1.

2.

participation in procedures for the awarding of
procurement contracts or grants financed from the
Fund shall be open to all natural and legal persons
from ACP States and Member States of
the
Community;

supplies and materials purchased under a contract
financed from the Fund must originate in a State
that is eligible under point 1. In this context, the
definition of the concept of “originating products”
shall be assessed by reference to the relevant
international agreements, and supplies originating
in the Community shall include supplies originating
in the Overseas Countries and Territories;

3.

participation in procedures for the awarding of
procurement contracts or grants financed from the
Fund shall be open to international organisations;

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4.

5.

6.

whenever the Fund finances an operation imple-
mented through an international organisation,
participation in procedures for the awarding of
procurement contracts or grants shall be open to all
natural and legal persons who are eligible under
point 1, and to all natural and legal persons who are
eligible according to the rules of the organisation,
care being taken to ensure equal treatment of all
donors. The same rules apply for supplies and
materials;

whenever the Fund finances an operation imple-
mented as part of a regional initiative, participation
in procedures for the awarding of procurement
contracts or grants shall be open to all natural and
legal persons who are eligible under point 1, and to
from a country
all natural and legal persons
participating in the relevant initiative. The same
rules apply for supplies and materials;

for

the

the Fund finances an operation co-
whenever
third State, participation in
financed with a
procedures
awarding of procurement
contracts or grants shall be open to all natural
and legal persons eligible under point 1, and to all
persons eligible under
the above
mentioned third State. The same rules apply for
supplies and materials.’;

the rules of

(s)

Article 22 shall be replaced by the following:

‘Article 22

Derogations

1.
In exceptional duly substantiated circumstances,
natural or legal persons from third countries not eligible
under Article 20 may be authorised to participate in
procedures for the awarding of procurement contracts or
grants financed by the Community at the justified request
of the ACP States concerned. The ACP States concerned
shall, on each occasion, provide the Commission with the
information needed to decide on such derogation, with
particular attention being given to:

(a)

the geographical
cerned;

location of the ACP State con-

(b)

the competitiveness of contractors, suppliers and
consultants from the Member States and the ACP
States;

(c)

the need to avoid excessive increases in the cost of
performance of the contract;

(d)

transport difficulties or delays due to delivery times
or other similar problems;

(e)

technology that is the most appropriate and best
suited to local conditions;

(f)

cases of extreme urgency;

(g)

the availability of products and services in the
relevant markets.

2.
In the case of projects financed from the Investment
Facility, the procurement rules of the Bank shall apply.’;

(t)

Article 24 shall be replaced by the following:

‘Article 24

Implementation by direct labour

1.
In the case of direct labour operations, programmes
and projects shall be implemented through public or
semi-public agencies or departments of the ACP State or
States concerned or by the legal person responsible for
executing the operation.

2. The Community shall contribute to the costs of the
department involved by providing the equipment and/or
materials that it lacks and/or resources to allow it to
acquire additional staff required in the form of experts
from within the ACP States concerned or other ACP
States. The Community's participation shall cover only
costs incurred by supplementary measures and temporary
expenditure relating to execution that are strictly confined
to the requirements of the programmes and projects in
question.

Programme estimates

3.
implementing direct-labour
operations must comply with the Community rules,
procedures and standard documents laid down by the
Commission, as applicable at the time of approval of the
programme estimates.’;

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(u) Article 26 shall be replaced by the following:

‘Article 26

Preferences

1. Measures shall be taken to encourage the widest
participation of the natural and legal persons of ACP
States in the performance of contracts financed by the
Fund in order to permit the optimization of the physical
and human resources of those States. To this end:

(a)

(b)

for works contracts of a value of less than EUR
5 000 000, tenderers from the ACP States, provided
that at least one quarter of the capital stock and
management staff originates from one or more ACP
States, shall be accorded a 10 % price preference
where tenders of an equivalent economic, technical
and administrative quality are compared;

for supply contracts, irrespective of the value of the
supplies, tenderers from the ACP States who offer
supplies of at least 50 % in contract value of ACP
origin, shall be accorded a 15 % price preference
where tenders of equivalent economic, technical and
administrative quality are compared;

(c)

in respect of service contracts, where tenders of
equivalent economic and technical quality are
compared, preference shall be given to:

(i)

(ii)

experts, institutions or consultancy companies
or firms from ACP States with the required
competence;

offers submitted by ACP firms, either indivi-
dually or in a consortium with European
partners; and

(iii) offers presented by European tenderers with

ACP sub-contractors or experts;

(d) where subcontracting is envisaged, preference shall
be given by the successful
to natural
persons, companies and firms of ACP States capable
of performing the contract required on similar
terms; and

tenderer

(e)

the ACP State may, in the invitation to tender, offer
prospective tenderers assistance from other ACP
States' companies or firms or national experts or
consultants selected by mutual agreement. This
cooperation may take the form either of a joint
venture, or of a subcontract or of on-the-job
training of trainees.

2. Where two tenders are acknowledged to be equiva-
lent on the basis of the criteria stated above, preference
shall be given:

(a)

to the tenderer of an ACP State; or

(b)

if no such tender is forthcoming, to the tenderer
who:

(i)

(ii)

allows for the best possible use of the physical
and human resources of the ACP States;

offers the greatest subcontracting possibilities
for ACP companies, firms or natural persons;
or

(iii)

is a consortium of natural persons, companies
and firms from ACP States and the Commu-
nity.’;

(v)

In Chapter 6, the title shall be replaced by the following:

‘FUND-RESOURCE MANAGEMENT AND
EXECUTING AGENTS’;

(w) Article 34 shall be replaced by the following:

‘Article 34

The Commission

1. The Commission shall undertake
financial
execution of operations carried out with Fund resources,
with the exception of the Investment Facility and interest-
rate subsidies, using the following main methods of
management:

the

(a)

centralised management;

(b)

decentralised management.

2. As a general rule, the financial execution of the Fund
resources by the Commission shall be decentralised.

In this instance, the execution duties shall be carried out
by the ACP States in accordance with Article 35.

In order to carry out the financial execution of the
3.
Fund resources,
the Commission shall delegate its
executive powers within its own departments. The
Commission shall inform the ACP States and the ACP-
EC Development Finance Cooperation Committee of this
delegation of tasks.’;

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(x) Article 35 shall be replaced by the following:

(c)

prepare tender dossiers and, where appropriate, the
documents for calls for proposals;

‘Article 35

National Authorising Officer

it

to represent

1. The Government of each ACP State shall appoint a
National Authorising Officer
in all
operations financed from the Fund resources managed
by the Commission and the Bank. The National
Authorising Officer shall appoint one or more deputy
National Authorising Officers to replace him when he is
unable to carry out his duties and shall
inform the
Commission of this appointment. Wherever the condi-
tions regarding institutional capacity and sound financial
management are met, the National Authorising Officer
may delegate his functions for implementation of the
programmes
concerned to the body
responsible within the national administration. The
National Authorising Officer shall inform the Commis-
sion of any such delegation.

and projects

(d)

(e)

(f)

(g)

submit
tender dossiers and, where appropriate,
documents for calls for proposals, to the Commis-
sion for approval before launching invitations to
tender and, where appropriate, calls for proposals;

in close cooperation with the Commission, launch
invitations to tender and, where appropriate, calls
for proposals;

if applicable, proposals, and
receive tenders and,
transmit copies of
tenders to the Commission;
preside over the opening of tenders and decide on
the results of their examination within the period of
validity of the tenders, taking account of the time
required for approval of contracts;

if

applicable, proposals

invite the Commission to the opening of tenders
and,
and notify the
Commission of the results of the examination of
tenders and proposals for approval of the proposals
for the award of contracts and grants;

When the Commission becomes aware of problems in
carrying out procedures relating to management of Fund
resources,
in conjunction with the National
Authorising Officer, make all contacts necessary to
remedy the situation and take any appropriate steps.

it shall,

The National Authorising Officer shall assume financial
responsibility only for the executive tasks entrusted to
him.

Where Fund resources are managed in a decentralised way
and subject
to any additional powers that might be
granted by the Commission, the National Authorising
Officer shall:

(h)

submit contracts and programme estimates and any
addenda thereto to the Commission for approval;

(i)

(j)

(k)

sign the contracts and addenda thereto approved by
the Commission;

clear and authorise expenditure within the limits of
the funds assigned to him; and

during the execution operations, make any adapta-
tion arrangements necessary to ensure the proper
execution of approved programmes or projects
from the economic and technical viewpoint.

2. The National Authorising Officer shall, during the
execution of operations and subject to the requirement to
inform the Commission, decide on:

(a)

be responsible for the coordination, programming,
regular monitoring and annual, mid-term and end-
of-term reviews of implementation of cooperation,
and for coordination with donors;

(a)

adjustments

and alterations

to pro-
technical
grammes and projects in matters of detail so long
as they do not affect the technical solution adopted
and remain within the limits of the reserve for
adjustments provided for in the financing agree-
ment;

(b)

in close cooperation with the Commission, be
responsible for the preparation, submission and
appraisal of programmes and projects;

(b)

changes of site for multiple-unit programmes or
projects where justified on technical, economic or
social grounds;

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(c)

imposition or remission of penalties for delay;

(d)

acts discharging guarantors;

2. The Head of Delegation shall be the main contact for
ACP States and bodies or organisations eligible for
financial
shall
cooperate and work in close cooperation with the
National Authorising Officer.

the Agreement. He

support under

(e)

purchase of goods, irrespective of their origin, on
the local market;

3. The Head of Delegation shall have the necessary
instructions and delegated powers
to facilitate and
expedite all operations under the Agreement.

(f)

use of construction equipment and machinery not
originating in the Member States or ACP States
provided there is no production of comparable
equipment and machinery in the Member States or
ACP States;

(g)

subcontracting;

(h)

final acceptance, provided that the Commission is
present at provisional acceptance, endorses the
corresponding minutes and, where appropriate, is
present at the final acceptance, in particular where
the extent of
the
provisional acceptance necessitates major additional
work; and

the reservations recorded at

(i)

hiring of consultants and other technical assistance
experts.’;

(y) Article 36 shall be replaced by the following:

‘Article 36

4. On a regular basis, the Head of Delegation shall
inform the national authorities of Community activities
which may directly concern cooperation between the
Community and the ACP States.’;

(z) Article 37 shall be replaced by the following:

‘Article 37

Payments

For the purpose of effecting payments in the national
1.
currencies of the ACP States, accounts denominated in the
currencies of the Members States or in euro may be
opened in the ACP States by and in the name of the
Commission with a national public or
semi-public
institution chosen by agreement between the
financial
ACP State and the Commission. This institution shall
exercise the functions of National Paying Agent.

2. The National Paying Agent shall receive no remu-
neration for its services and no interest shall be payable
by it on deposited funds. The local accounts shall be
replenished by the Commission in the currency of one of
the Member States or in euro, based on estimates of
future cash requirements, which shall be made sufficiently
in advance to avoid the need for pre-financing by ACP
States and to prevent delayed disbursements.

Head of Delegation

3.

(deleted)

1. The Commission shall be represented in each ACP
State or in each regional grouping which expressly so
requests, by a delegation under the authority of a Head of
Delegation, with the approval of the ACP State or States
concerned. Appropriate measures shall be taken in any
case in which a Head of Delegation is appointed to a
group of ACP States. The Head of Delegation shall
represent the Commission in all spheres of its compe-
tence and in all its activities.

4.
Payments shall be made by the Commission in
accordance with the rules laid down by the Community
the
and the Commission, where appropriate after
expenditure has been cleared and authorised by the
National Authorising Officer.

5.

(deleted)

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6. The procedures for clearance, authorisation and
payment of expenditure must be completed within a
period of 90 days from the date on which the payment
becomes due. The National Authorising Officer shall
process and deliver the payment authorisation to the
Head of Delegation not later than 45 days before the due
date.

7. Claims for delayed payments shall be borne by the
ACP State or States concerned, and by the Commission
from its own resources, for that part of the delay for
which each Party is responsible in accordance with the
above procedures.’.

5.

The following Annex shall be added:

‘ANNEX VII

Political dialogue as regards human rights, demo-
cratic principles and the rule of law

Article 1

Objectives

1. The consultations envisaged in Article 96(2)(a) will take
place, except
in cases of special urgency, after exhaustive
political dialogue as envisaged in Article 8 and Article 9(4) of
the Agreement.

2. Both Parties should conduct such political dialogue in the
spirit of the Agreement and bearing in mind the Guidelines for
ACP-EU Political Dialogue established by the Council of
Ministers.

3.
Political Dialogue is a process which should foster the
strengthening of ACP-EU relations and contribute towards
achieving the objectives of the Partnership.

Article 2

Intensified Political Dialogue preceding
consultations under Article 96 of the Agreement

1.
Political dialogue concerning respect for human rights,
democratic principles and the rule of law shall be conducted
pursuant to Article 8 and Article 9(4) of the Agreement and
within the parameters of internationally recognised standards
and norms. In the framework of this dialogue the Parties may
agree on joint agendas and priorities.

2. The Parties may jointly develop and agree specific
benchmarks or targets with regard to human rights, democratic
law within the parameters of
principles and the rule of
internationally agreed standards and norms,
taking into
account special circumstances of the ACP State concerned.
Benchmarks are mechanisms for reaching targets through the
setting of intermediate objectives and timeframes for com-
pliance.

3. The political dialogue set out in paragraphs 1 and 2 shall
be systematic and formal and shall exhaust all possible options
prior to consultations under Article 96 of the Agreement.

4.
Except for cases of special urgency as defined in Article 96
(2)(b) of the Agreement, consultations under Article 96 may
also go ahead without preceding intensified political dialogue,
when there is persistent lack of compliance with commitments
taken by one of the Parties during an earlier dialogue, or by a
failure to engage in dialogue in good faith.

5.
Political dialogue under Article 8 of the Agreement shall
also be utilised between the Parties to assist countries subject to
appropriate measures under Article 96 of the Agreement, to
normalise the relationship.

Article 3

Additional rules on consultation under Article 96 of
the Agreement

1. The Parties shall strive to promote equality in the level of
representation during consultations under Article 96 of the
Agreement.

interaction
2. The Parties are committed to transparent
before, during and after the formal consultations, bearing in
mind the specific benchmarks and targets referred to in Article
2(2) of this Annex.

3. The Parties shall use the 30-day notification period as
provided for in Article 96(2) of the Agreement for effective
preparation by the Parties, as well as for deeper consultations
within the ACP Group and among the Community and its
Member States. During the consultation process, the Parties
should agree flexible timeframes, whilst acknowledging that
cases of special urgency, as defined in Article 96(2)(b) of the
Agreement and Article 2(4) of this Annex, may require an
immediate reaction.

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4. The Parties acknowledge the role of the ACP Group in
political dialogue based on modalities to be determined by the
ACP Group and communicated to the European Community
and its Member States.

5. The Parties acknowledge the need for structured and
continuous consultations under Article 96 of the Agreement.
The Council of Ministers may develop further modalities to this
end.’.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.

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FINAL ACT

The Plenipotentiaries of:

HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE CZECH REPUBLIC,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE REPUBLIC OF ESTONIA,

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,

THE PRESIDENT OF THE REPUBLIC OF CYPRUS,

THE PRESIDENT OF THE REPUBLIC OF LATVIA,

THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

THE PRESIDENT OF THE REPUBLIC OF HUNGARY,

THE PRESIDENT OF MALTA,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE REPUBLIC OF POLAND,

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

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THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,

THE PRESIDENT OF THE SLOVAK REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to 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 EUROPEAN COMMUNITY,

of the one part, and

The Plenipotentiaries of:

THE PRESIDENT OF THE REPUBLIC OF ANGOLA,

HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA,

THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS,

THE HEAD OF STATE OF BARBADOS,

HER MAJESTY THE QUEEN OF BELIZE,

THE PRESIDENT OF THE REPUBLIC OF BENIN,

THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,

THE PRESIDENT OF BURKINA FASO,

THE PRESIDENT OF THE REPUBLIC OF BURUNDI,

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 DEMOCRATIC REPUBLIC OF CONGO,

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THE PRESIDENT OF THE REPUBLIC OF CONGO,

THE GOVERNMENT OF THE COOK ISLANDS,

THE PRESIDENT OF THE REPUBLIC OF 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 GABONESE REPUBLIC,

THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE 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 REPUBLIC OF GUINEA-BISSAU,

THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA,

THE PRESIDENT OF THE 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 THE REPUBLIC OF KIRIBATI,

HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,

THE PRESIDENT OF THE REPUBLIC OF LIBERIA,

THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,

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THE PRESIDENT OF THE REPUBLIC OF MALAWI,

THE PRESIDENT OF THE REPUBLIC OF MALI,

THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS,

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,

THE PRESIDENT OF THE REPUBLIC OF MAURITIUS,

THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA,

THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,

THE PRESIDENT OF THE REPUBLIC OF NAMIBIA,

THE GOVERNMENT OF THE REPUBLIC OF NAURU,

THE PRESIDENT OF THE REPUBLIC OF NIGER,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,

THE GOVERNMENT OF NIUE,

THE GOVERNMENT OF THE REPUBLIC OF PALAU,

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 SAMOA,

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE,

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 SOLOMON ISLANDS,

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THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,

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 PRESIDENT OF THE REPUBLIC OF UGANDA,

THE GOVERNMENT OF THE REPUBLIC OF VANUATU,

THE PRESIDENT OF THE REPUBLIC OF ZAMBIA,

THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE,

whose States are hereinafter referred to as ‘ACP States’,

of the other part,

meeting in Luxembourg on the twenty-fifth day of June in the year two thousand and five for the signature of the
Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group
of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou
on 23 June 2000,

have at the time of signature of this Agreement adopted the following declarations attached to this Final Act:

Declaration I

Joint Declaration on Article 8 of the Cotonou Agreement

Declaration II

Joint Declaration on Article 68 of the Cotonou Agreement

Declaration III

Joint Declaration on Annex Ia

Declaration IV

Joint Declaration on Article 3(5) of Annex IV

Declaration V

Joint Declaration on Article 9(2) of Annex IV

Declaration VI

Joint Declaration on Article 12(2) of Annex IV

Declaration VII

Joint Declaration on Article 13 of Annex IV

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Declaration VIII

Joint Declaration on Article 19a of Annex IV

Declaration IX

Joint Declaration on Article 24(3) of Annex IV

Declaration X

Joint Declaration on Article 2 of Annex VII

Declaration XI

Community Declaration on Articles 4 and 58(2) of the Cotonou Agreement

Declaration XII

Community Declaration on Article 11a of the Cotonou Agreement

Declaration XIII

Community Declaration on Article 11b(2) of the Cotonou Agreement

Declaration XIV

Community Declaration on Articles 28, 29, 30 and 58 of the Cotonou Agreement and on
Article 6 of Annex IV

Declaration XV

European Union Declaration on Annex Ia

Declaration XVI

Community Declaration on Articles 4(3), 5(7), 16(5) and (6) and 17(2) of Annex IV

Declaration XVII

Community Declaration on Article 4(5) of Annex IV

Declaration XVIII

Community Declaration on Article 20 of Annex IV

Declaration XIX

Community Declaration on Articles 34, 35 and 36 of Annex IV

Declaration XX

Community Declaration on Article 3 of Annex VII.

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DECLARATION I

Joint declaration on article 8 of the Cotonou agreement

In relation to dialogue at national and regional levels, for the purposes of Article 8 of the Cotonou Agreement, the
‘ACP Group’ shall be taken to mean the Troika of the ACP Committee of Ambassadors (CoA) and the Chairperson of
the ACP Sub-committee on Political, Social, Humanitarian and Cultural Affairs (PSHCA); the Joint Parliamentary
Assembly (JPA) shall be interpreted as the Co-Presidents of the JPA, or their designated nominees.

DECLARATION II

Joint declaration on article 68 of the cotonou agreement

The ACP-EC Council of Ministers will examine, in application of the provisions contained in Article 100 of the
Cotonou Agreement, the proposals of the ACP side concerning Annex II thereof on short-term fluctuations in export
earnings (FLEX).

DECLARATION III

Joint declaration on annex Ia

Should the Agreement amending the Cotonou Agreement not have entered into force by 1 January 2008,
cooperation shall be financed from the balances of the 9th EDF and from the previous EDFs.

DECLARATION IV

Joint declaration on article 3(5) of annex IV

For the purposes of Article 3(5) of Annex IV, ‘special needs’ are needs resulting from exceptional or unforeseen
circumstances, such as post-crisis situations; ‘exceptional performance’ means a situation in which, outside the mid-
term and end-of-term reviews, a country's allocation is totally committed and additional funding from the national
indicative programme can be absorbed against a background of effective poverty-reduction policies and sound
financial management.

DECLARATION V

Joint declaration on article 9(2) of annex IV

‘new needs’ are needs resulting from exceptional or unforeseen
For the purposes of Article 9(2) of Annex IV,
circumstances, such as post-crisis situations; ‘exceptional performance’ means a situation in which, outside the mid-
term and end-of-term reviews, a region's allocation is totally committed and additional funding from the regional

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indicative programme can be absorbed against a background of effective regional integration policies and sound
financial management.

DECLARATION VI

Joint declaration on article 12(2) of annex VI

For the purposes of Article 12(2) of Annex VI, ‘new needs’ are needs which may arise from exceptional or unforeseen
circumstances, such as those arising from new commitments to international initiatives or to address challenges
which are common to ACP countries.

DECLARATION VII

Joint declaration on article 13 of annex IV

In view of the particular geographic situation of the Caribbean and Pacific regions, the ACP Council of Ministers or
the ACP Committee of Ambassadors may, notwithstanding Article 13(2)(a) of Annex IV, present a specific funding
request for one or the other of these regions.

DECLARATION VIII

Joint declaration on article 19a of annex IV

In accordance with Article 100 of the Cotonou Agreement, the Council of Ministers will examine the provisions of
Annex IV concerning the awarding and performance of contracts with a view to adopting them before the Agreement
amending the Cotonou Agreement enters into force.

DECLARATION IX

Joint declaration on article 24(3) of annex IV

The ACP States will be consulted, a priori, on any amendments to the Community rules referred to in Article 24(3) of
Annex IV.

DECLARATION X

Joint declaration on article 2 of annex VII

The internationally recognised standards and norms are those of the instruments referred to in the Preamble of the
Cotonou Agreement.

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DECLARATION XI

Community declaration on articles 4 and 58(2) of the cotonou agreement

For the purpose of Articles 4 and 58(2), it is understood that the term ‘local decentralised authorities’ covers all levels
of decentralisation including ‘collectivités locales’.

DECLARATION XII

Community declaration on article 11a of the cotonou agreement

Financial and technical assistance in the area of cooperation in the fight against terrorism will be financed by
resources other than those intended for the financing of ACP-EC development cooperation.

DECLARATION XIII

Community declaration on article 11b(2) of the cotonou agreement

It is understood that the measures set out in Article 11b(2) of the Cotonou Agreement will be undertaken within an
adapted timeframe that takes into account each country specific constraints.

DECLARATION XIV

Community declaration on articles 28, 29, 30 And 58 of the cotonou agreement and on article 6
of Annex IV

The implementation of the provisions regarding regional cooperation where non-ACP countries are involved will be
subject to the implementation of equivalent provisions in the framework of the Community's financial instruments
on cooperation with other countries and regions of the world. The Community will inform the ACP Group upon the
entry into force of these equivalent provisions.

DECLARATION XV

European union declaration on annex Ia

1.
The European Union undertakes to propose at the earliest opportunity, if at all possible by September 2005, an
exact amount for the multiannual financial framework for cooperation under the Agreement amending the Cotonou
Agreement and its period of application.

2.
The minimum aid effort referred to in paragraph 2 of Annex Ia is guaranteed, without prejudice to the eligibility
of the ACP countries for additional resources under other financial instruments which already exist or, potentially,
may be created in support of actions in areas such as emergency humanitarian aid, food security, poverty-related
diseases, support for the implementation of the Economic Partnership Agreements, support for the measures
envisaged following the reform of the sugar market, and relating to peace and stability.

The deadline for the commitment of funds of the 9th EDF, fixed at 31 December 2007, could be reviewed if

3.
necessary.

L 287/40

EN

Official Journal of the European Union

28.10.2005

DECLARATION XVI

Community declaration on articles 4(3), 5(7), 16(5) and (6) and 17(2) of annex IV

These provisions are without prejudice to the role of the Member States in the decision‑making process.

DECLARATION XVII

Community declaration on article 4(5) of annex IV

Article 4(5) of Annex IV and the return to the standard management arrangements will be implemented by means of
a Council decision based on a Commission proposal. This decision will be duly notified to the ACP Group.

DECLARATION XVIII

Community declaration on article 20 of annex IV

The provisions of Article 20 of Annex IV will be implemented in accordance with the principle of reciprocity with
other donors.

DECLARATION XIX

Community declaration on articles 34, 35 and 36 of annex IV

The detailed respective responsibilities of management and executing agents of Fund resources are included in a
manual on procedures upon which ACP States will be consulted in accordance with Article 12 of the Cotonou
Agreement. The manual will be made available to ACP States from the entry into force of the Agreement amending
the Cotonou Agreement. Any amendments to the manual will be subject to the same procedure.

DECLARATION XX

Community declaration on article 3 of annex VII

As regards the modalities foreseen in Article 3 of Annex VII, the position to be taken by the Council of the European
Union within the Council of Ministers will be based on a proposal by the Commission.’