Proposal for a Council Decision concluding the additional protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
Date: 2005-08-12
Institutions: European Commission
Subjects: South Africa, accession to the European Union, cooperation agreement (EU), development policy, protocol to an agreement, trade agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.9.2005 
COM(2005) 372 final/2 

2005/0152 (AVC) 

CORRIGENDUM 
Ce document annule et remplace le  
COM(2005)372 final du 12.8.2005  
2005/0152 (AVC). 
Concerne la p.3 des versions EN, FR et DE. 

Proposal for a  

COUNCIL DECISION 

concluding the additional protocol to the Agreement on Trade, Development and 
Cooperation between the European Community and its Member States, of the one part, 
and the Republic of South Africa, of the other part, to take account of the accession of 
the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of 
Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the 
Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European 
Union 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Ten new Member States acceded to the European Union on 1 May 2004. Under Article 6(2) 
of  the  Act  concerning  the  Accession  of  the  Czech  Republic,  the  Republic  of  Estonia,  the 
Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of 
Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the 
Slovak Republic and the adjustment of the Treaties on which the European Union is founded 
(hereinafter  the  ‘Act  of  Accession’),  the  accession  of  the  new  Member  States  to  the 
Agreement  on  Trade,  Development  and  Cooperation  (TDCA)  with  the  Republic  of  South 
Africa  must  be  approved  by  concluding a protocol to that Agreement.  Article  6(2)  provides 
for  a  simplified  procedure,  as  the  protocols  are  to  be  concluded  by  the  Council  of  the 
European Union, acting unanimously on behalf of the Member States, and the third country 
concerned. This procedure is without prejudice to the Community’s own competences. 

Consequently,  the  Commission  has  negotiated  this  Additional  Protocol,  for  the  EC  part  on 
behalf  of  the  European  Community  and  for  the  national  competence  part  on  behalf  of  the 
Member States, on the basis of the negotiating directives adopted by the Council on 26 April 
2004, and in consultation with a committee of the representatives of the Member States. 

The  Additional  Protocol  provides  for  the  necessary  technical  adaptations  of  the  TDCA  that 
ensue from the accession of the new contracting parties, in particular regarding:  

– 

– 

– 

Institutional provisions: the protocol includes a number of adjustments brought about 
by the accession of the new Member States to this mixed agreement and an increase 
in the number of official languages.  

Trade provisions: the TDCA provides for trade liberalisation between the European 
Union  and  the  Republic  of  South  Africa,  which  in  some  cases  is  limited  to  tariff 
quotas.  These  tariff  quotas  have  been  reviewed  on  the  basis  of  traditional  trade 
between the new Member States, on the one hand, and the Republic of South Africa, 
on the other. The Additional Protocol makes adjustments to these where required. 

Rules  of  origin:  the  multilingual  provisions  in  Protocol  1  to  the  TDCA  concerning 
the definition of the concept of “originating products” and methods of administrative 
cooperation have been amended to include the languages of the new Member States. 

The  Protocol  as  set  out  above  has  been  negotiated  and  agreed  with  the  Republic  of  South 
Africa.  

On  28  February  2005  the  Council  adopted  a  decision1  on  the  signing  and  provisional 
application of the protocol. The protocol has been signed on 25 June 2005 in Pretoria.  

The current proposal is for a Council Decision concluding the protocol. 

1 

OJ L68 of 15 March 2005, p. 32. 

EN 

2 

   EN 

 
                                                 
2005/0152 (AVC) 

Proposal for a  

COUNCIL DECISION 

concluding the additional protocol to the Agreement on Trade, Development and Cooperation 
between the European Community and its Member States, of the one part, and the Republic 
of South Africa, of the other part, to take account of the accession of the Czech Republic, the 
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of 
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the 
Republic of Slovenia, and the Slovak Republic to the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 310, in 
conjunction  with  the  second  sentence  of  Article  300(2),  first  subparagraph,  and  the  second 
subparagraph of Article 300(3) thereof, 

Having regard to the 2003 Act of Accession, and in particular Article 6(2) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the assent of the European Parliament, 

Whereas: 

(1) 

The Additional Protocol to the Agreement on Trade, Development and Cooperation between 
the European Community and its Member States, of the one part, and the Republic of South 
Africa, of the other part, to take account of the accession of the ten new Member States to 
the  European  Union,  has  been  signed  on  behalf  of  the  European  Community  and  the 
Member States on 25 June 2005 in accordance with Council Decision 2005/206/EC1. 

(2) 

Pending its entry into force, the Additional Protocol has been applied on a provisional basis 
as from 1 May 2004. 

(3) 

The Additional Protocol should be concluded. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Additional  Protocol  to  the  Agreement  on  Trade,  Development  and  Cooperation  between  the 
European Community and its Member States, of the one part, and the Republic of South Africa, of 

2 

OJ L68, 15.03.2005, p.32 

EN 

3 

   EN 

 
                                                 
the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the 
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary the 
Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to 
the  European  Union,  is  hereby  approved  on  behalf  of  the  European  Community  and  its  Member 
States. 

The text of the Additional Protocol1 is attached to this Decision.  

Article 2 

The President of the Council shall on behalf of the European Community and its Member States, 
give the notification provided for in Article 9(2) of the Additional Protocol. 

Done at Brussels, 

For the Council 
The President 

3 

OJ L68, 15.03.2005, p.33 

EN 

4 

   EN 

 
 
 
                                                 
LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): 21 DEV 

Activity: 21 03 Geographical Cooperation 

TITLE OF ACTION:  

1. 

BUDGET LINE(S) + HEADING(S) 

None 

2. 

OVERALL FIGURES  

2.1. 

Total allocation for action (Part B): N/A 

2.2. 

Period of application: 

From 1 May 2004 

2.3. 

Overall multi-annual estimate of expenditure: 

(a) 

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) (see point 6.1.1) 

(financial 

€ million (to three decimal places) 

Year 
2003 

0.0 

0.0 

Commitments 

Payments 

2004 

2005 

2006 

2007 

2008 
and 
subs. 
Years 

Total 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

EN 

5 

   EN 

 
 
 
 
 
 
 
 
 
 
 
(b) 

Technical and administrative assistance and support expenditure (see point 6.1.2) 

Commitments 

Payments 

Subtotal a+b 

Commitments 

Payments 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

15.0 

0.0 

(c) 

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure 
(see points 7.2 and 7.3) 

Commitments/ 
payments 

TOTAL a+b+c 

Commitments 

Payments 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

15.0 

0.0 

2.4. 

Compatibility with financial programming and financial perspective 

[X]  Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement. 

2.5. 

Financial impact on revenue:4 

[X]  Proposal  has  no  financial  implications  (involves  technical  aspects  regarding 

implementation of a measure) 

OR 

Proposal has financial impact – the effect on revenue is as follows: 

(NB All details and observations relating to the method of calculating the effect on 
revenue should be shown in a separate annex.) 

4 

For further information, see separate explanatory note. 

EN 

6 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line  Revenue 

(€ million to one decimal place) 

Prior  to
action  
[Year 
n-1] 

Situation following action 

[Yea
r n] 

[n+1] [n+2] [n+3

[n+4]  [n+5] 

] 

a) Revenue in absolute terms 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

b) Change in revenue 

 ∆ 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

(Please specify each budget line involved, adding the appropriate number of rows 
to the table if there is an effect on more than one budget line.) 

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
form  applicant 
countries 

in 

Heading 
financial 
perspective 

Non-comp  Diff 

NO 

NO 

NO 

N° [4] 

4. 

LEGAL BASIS  

Agreement on Trade, Development and Cooperation between the European Community and 
its Member States, of the one part, and the Republic of South Africa, of the other part,  

Treaty of Accession of the ten New Member States to the Community. 

5. 

DESCRIPTION AND GROUNDS 

5.1. 

Need for Community intervention5 

5.1.1.  Objectives pursued 

Accession  of  the  new  Member  States  to  the  Agreement  on  Trade,  Development  and 
Cooperation  (TDCA)  with  the  Republic  of  South  Africa  by  the  conclusion  of  a  protocol  to 
this Agreement. 

5.1.2.  Measures taken in connection with ex ante evaluation  

No specific ex ante evaluation has been conducted. 

5.1.3.  Measures taken following ex post evaluation 

No specific ex post evaluation has been conducted. 

5 

For further information, see separate explanatory note. 

EN 

7 

   EN 

 
 
 
 
 
                                                 
5.2. 

Action envisaged and budget intervention arrangements 

5.3.  Methods of implementation 

Implementation  methods  will  be  consistent  with  the  general  implementation  rules  of  the 
TDCA. 

6. 

FINANCIAL IMPACT 

6.1. 

Total financial impact on Part B - (over the entire programming period) 

(The method of calculating the total amounts set out in the table below must be explained by 
the breakdown in Table 6.2. ) 

6.1.1.  Financial intervention 

No financial interventions foreseen. 

Commitments (in € million to three decimal places) 

Breakdown 

2003 

2004 

2005 

2006 

2007 

Total 

[n+5 
and 
subs. 
Years] 

No actions planned : 

0.00 

0.00 

0.00 

0.00 

0.00 

TOTAL 

EN 

8 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.1.2.  Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure 

(commitment appropriations) 

[Year 
n] 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

Total 

[n+5 
and 
subs. 
years] 

1) 
administrative assistance 

Technical 

and 

Technical 

a) 
offices

assistance 

b)  Other 
administrative assistance: 

technical 

and 

- intra muros: 

- extra muros: 

of  which  for  construction 
of 
maintenance 
and 
computerised  management 
systems 

Subtotal 1 

2) Support expenditure 

a) Studies 

b) Meetings of experts 

Information 

c) 
publications 

and 

Subtotal 2 

TOTAL 

EN 

9 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.2. 

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire 
programming period)6 

The actions and measures to be funded will be defined by the feasibility study. 

Commitments (in € million to three decimal places) 

Breakdown  

Type  
outputs
of 
(projects, files ) 

Number 
outputs 

of 

Average 
cost 

unit 

Total cost 

(total  for  years 
1…n)  

for 

years 

(total 
1…n)  

1 

2 

3 

4=(2X3) 

Action 1 

- Measure 1 

- Measure 2  

Action 2 

- Measure 1 

- Measure 2 

- Measure 3 

etc. 

TOTAL COST 

If necessary explain the method of calculation 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE  

No impact on staff or administrative expenditure is anticipated. 

7.1. 

Impact on human resources 

Types of post 

Officials 
temporary staff 

or 

A 

Staff to be assigned to management of the 
action  using  existing  and/or  additional 
resources 

Total 

Number 
permanent posts 

of 

Number 
temporary posts 

of 

Description  of  tasks  deriving  from  the 
action 

If necessary, a fuller description of the 

6 

For further information, see separate explanatory note. 

EN 

10 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
B 

C 

Other human resources 

Total 

tasks may be annexed. 

7.2. 

Overall financial impact of human resources 

Type of human resources 

Amount (€) 

Method of calculation *  

Officials 

Temporary staff 

Other human resources 

(specify budget line) 

Total 

The amounts are total expenditure for twelve months. 

7.3. 

Other administrative expenditure deriving from the action 

Amount € 

Method of calculation 

Budget line 

(number and heading) 

Overall allocation (Title A7) 

A0701 – Missions 

A07030 – Meetings 

A07031 – Compulsory committees 1 

A07032 – Non-compulsory committees 1 

A07040 – Conferences 

A0705 – Studies and consultations 

Other expenditure (specify) 

Information systems (A-5001/A-4300) 

Other expenditure - Part A (specify) 

Total 

The amounts are total expenditure for twelve months. 

1 Specify the type of committee and the group to which it belongs. 

EN 

11 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
I. 

II. 

Annual total (7.2 + 7.3) 

Duration of action 

III. 

Total cost of action (I x II) 

€ 

years 

€ 

(In the estimate of human and administrative resources required for the action, DGs/Services 
must take into account the decisions taken by the Commission in its orientation/APS debate 
and when adopting the preliminary draft budget (PDB). This means that DGs must show that 
human  resources  can  be  covered  by  the  indicative  pre-allocation  made  when  the  PDB  was 
adopted.  

Exceptional  cases  (i.e.  those  where  the  action  concerned  could  not  be  envisaged  when  the 
PDB  was  being  prepared)  will  have  to  be  referred  to  the  Commission  for  a  decision  on 
whether  and  how  (by  means  of  an  amendment  of  the  indicative  pre-allocation,  an  ad  hoc 
redeployment  exercise,  a  supplementary/amending  budget  or  a  letter  of  amendment  to  the 
draft budget) implementation of the proposed action can be accommodated.) 

8. 

FOLLOW-UP AND EVALUATION 

8.1. 

Follow-up arrangements 

Follow-up arrangements will be no different from those already planned in the TDCA. 

8.2. 

Arrangements and schedule for the planned evaluation 

Arrangements for evaluation will be no different from those already planned in the TDCA. 

9 

ANTI-FRAUD MEASURES 

Fraud prevention and protection measures will be no different from those already planned in 
the TDCA. 

EN 

12 

   EN