Proposal for a Council Decision on the signing of an Agreement between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, amending the Agreement on Trade, Development and Cooperation
Date: 2008-02-04
Institutions: European Commission
Subjects: European Community, South Africa, cooperation agreement, development aid, signature of an agreement, trade agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.2.2008 
COM(2008) 50 final 

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

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 
(hereinafter  referred  to  as  the  "TDCA"),  was  signed  in  Pretoria  on  11 October 1999  and 
entered into force on 1 May 2004. 

Articles 18 and 103 of the TDCA call for a review of the Agreement within five years of its 
entry into force. The Parties conducted a review in 2004 and agreed in a joint statement by the 
Cooperation Council of 23 November 2004 on the need for continued and diversified SA-EU 
co-operation on the basis of the existing TDCA, amended as appropriate.  

At its meeting of 7 November 2005, the Joint Cooperation Council established the broad lines 
of the future revision of the TDCA, covering further liberalisation of trade, minor adjustments 
to  the  Title  on  Development  Cooperation,  updating  of  the  wording  of  several  provisions 
concerning  economic  cooperation  and  cooperation  in  other  areas,  and  the  addition  of  new 
provisions  on  such  matters  as  Terrorism,  the  International  Criminal  Court,  Weapons  of  Mass 
Destruction, Mercenaries and Small Arms.  

On that basis, the Commission submitted a proposal for a negotiating mandate in June 2006.  

On  17  November  2006  the  Council  adopted  a  two-tier  Decision  giving  the  Commission  two 
mandates. One was to give guidance to the Commission for revising the Agreement on Trade, 
Development  and  Cooperation  on  the  basis  of  Article  106(1)  of  the  TDCA,  which  gives  the 
Cooperation Council the power to decide on amendments put forward by any Party. The other 
was to authorise the opening of negotiations between the Community and its Member States, 
on the one hand, and the Republic of South Africa, on the other, to revise the Agreement on 
matters  relating  to  the  political  dimension  of  the  Agreement  and  to  justice,  freedom  and 
security. 

However,  in  the  course  of  the  negotiations,  for  the  sake  of  coherence,  both  sides  agreed  to 
forego  the  "lighter"  procedure  of  Article  106(1)  of  the  TDCA,  and  to  negotiate  a  single 
Agreement  amending  the  TDCA.  Consequently,  the  Commission  has  negotiated  this 
Agreement on the basis of the combined negotiating directives adopted by the Council, and in 
consultation  with  the  ACP  Working  Party  and the Africa Working Group, appointed by the 
Council  according  to  their  respective  responsibilities,  as  the  special  committees  to  assist  in 
this  task.  For  matters  coming  under  Title  V  (CFSP)  of  the  EU  Treaty,  the  Commission  has 
conducted the negotiations together with the Presidency, assisted by the SG/HR. 

From the start of the negotiations it was clear that all trade and trade-related issues would be 
discussed  in  the  context  of  the  talks  on  the  future  Economic  Partnership  Agreement  (EPA) 
with  the  countries  of  Southern  Africa.  The  TDCA  negotiations  on  trade  and  trade-related 
matters were therefore immediately suspended, pending the outcome of the EPA talks.  

Throughout the negotiations, the Commission has ensured that due account was taken of the 
process for the implementation of the Strategic Partnership between South Africa and the EU. 

The  negotiations  were  formally  opened  on  29  March  2007  and  were  concluded  to  the 
Commission's  satisfaction  on  10  October  2007.  The  Commission  is  therefore  submitting  to 
the Council the attached draft decision on the signing of the Agreement amending the TDCA. 

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Proposal for a 

COUNCIL DECISION 

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

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 proposal from the Commission, 

Whereas: 

(1) 

(2) 

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, 
(hereinafter referred to as the “TDCA”), was signed in Pretoria on 11 October 1999. It was 
concluded on 26 April 20041. 

On  17  November  2006  the  Council  authorised  the  Commission  to  negotiate  with  the 
Republic of South Africa an Agreement between the European Community and its Member 
States,  of  the  one  part,  and  the  Republic  of  South  Africa,  of  the  other  part,  amending  the 
TDCA. 

(3) 

These negotiations have been concluded to the satisfaction of the Commission. 

(4) 

Subject  to  its  possible  conclusion  at  a  later  stage,  the  Agreement  amending  the  TDCA 
should now be signed on behalf of the European Community and its Member States.  

HAS DECIDED AS FOLLOWS:  

Sole Article 

The President of the Council is hereby authorised to designate the person(s) empowered to sign, on 
behalf  of  the  Community,  the  Agreement  amending  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. 

1 OJ L 127, 29.4.2004, p.109 

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The text of the Agreement is attached to this Decision.  

Done at Brussels, 

For the Council 
The President 

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

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THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA  

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

ROMANIA  

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

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Contracting Parties to the Treaty establishing THE EUROPEAN COMMUNITY, 

hereinafter referred to as the "Member States", and 

THE EUROPEAN COMMUNITY, 

hereinafter referred to as "the Community", 

and 

THE REPUBLIC OF SOUTH AFRICA, 

together hereinafter referred to as the "Parties" 

CONSIDERING THAT 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 (hereinafter referred to as the "TDCA"), was signed in Pretoria 
on 11 October 1999 and entered into force on 1 May 2004; 

CONSIDERING THAT articles 18 and 103 of the TDCA call for a review of the Agreement 
within five years of its entry into force; that the Parties conducted a review in 2004 and agreed 
in a joint statement by the Cooperation Council of 23 November 2004 on the need to make 
certain amendments to the TDCA; 

CONSIDERING  THAT  the  revision  of  the  TDCA  provisions  on  trade  liberalisation  and 
trade-related  matters  is  subject  of  the  negotiations  on  an  Economic  Partnership  Agreement 
between the European Union and the countries of Southern Africa; 

CONSIDERING THAT the Action Plan to implement the Strategic Partnership between the 
Republic  of  South  Africa  and  the  European  Union  has  been  concluded  and  provides  for  an 
extension of cooperation between the Parties in a wide range of areas; 

HAVE AGREED AS FOLLOWS: 

ARTICLE 1 

The TDCA is hereby amended as follows:  

1. 

In the preamble, a new sixth recital shall be added:  

"Recognising that the multilateral disarmament and non-proliferation treaty system in 
all  its  components  is  of  vital  importance  and  that  progress  should  be  made  in  the 
implementation of all the obligations deriving from it; the parties therefore wish to 
include a clause into this agreement, which will allow them to co-operate and to have 
a political dialogue on these issues." 

2. 

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

"Respect for democratic principles and fundamental human rights as laid down in the 
Universal Declaration of Human Rights, and for the principles of the rule of law, as 
well as cooperating on issues of disarmament and the non-proliferation of weapons 
of  mass  destruction  as  set  out  in  Article  91A,  paragraphs  1  and  2,  underpin  the 

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internal  and  international  policies  of  the  European  Union  and  South  Africa  and 
constitute essential elements of this agreement." 

3. 

Article 55 shall be replaced by the following: 

"Article 55 

Information society: telecommunications and information technology 

1. The Parties agree to cooperate in the development of the Information Society, and 
in harnessing information and communication technologies (ICTs) as enabling tools 
of socio-economic development in the information age. The aim of cooperation shall 
be to: 

(a) 

promote  the  development  of  an  inclusive,  development-oriented  information 
society; 

(b) 

support the growth and advancement of the ICT sector, including SMMEs ; 

(c) 

support  cooperation  between  the  countries  of  the  southern  African  region  in 
this area, and more generally at the continental level. 

2. Cooperation shall include dialogues, information exchange and possible technical 
assistance on different aspects of building the information society. This includes:  

(d) 

(e) 

(f) 

(g) 

policies,  regulation,  innovative  and  inclusive  applications  and  services,  skills 
development; 

facilitating  interaction  between  regulatory  authorities,  public  sector  entities, 
business and civil society organisations; 

new  facilities,  including  research  and  education  networks,  targeting  networks 
interconnections and applications interoperability; 

promotion and implementation of joint research, technological development on 
projects in the field of new technologies related to the information society; 

Mutually  identified  projects  resulting  from  interactions  on  the  above-mentioned 
issues should be considered for implementation through the development cooperation 
programme." 

4. 

Article 57 shall be amended as follows: 

(a) 

The  introductory  sentence  of  the  first  paragraph  shall  be  replaced  by  the 
following: 

"1. The aim of cooperation in this area is inter alia:" 

(b) 

Paragraph 2 shall be replaced by the following 

"2. Cooperation shall specifically aim: 

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(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

to support the development of appropriate energy policy, its regulatory 
framework and infrastructure in South Africa; 

to  ensure  energy  security  in  South  Africa  by  diversifying  energy 
sources;  

to  improve  energy  operators’  performance  standards  in  technical, 
economic,  environmental  and  financial  terms  especially  in  the 
electricity and liquid fuels sectors; 

to facilitate capacity building of local expertise especially by general 
and technical training; 

to  develop  new  and  renewable  sources  of  energy  and  support 
infrastructure  for  national  and  rural  energy  needs  and  electricity 
supply;  

to improve the rational use of energy in buildings and industry notably 
by the promotion of energy efficiency; 

to  promote  mutual  transfer  and  use  of  environmentally  friendly  and 
cleaner energy technologies; 

to  promote  cooperation  in  the  regulation  of  the  energy  sector  within 
the southern African region; 

(i) 

to promote regional energy cooperation in southern Africa."  

(c) 

The following paragraph shall be added to Article 57: 

"3. Cooperation will include South African activities undertaken in the framework of 
the  European  Union  Energy  Initiative  for  Poverty  Eradication  and  Sustainable 
Development,  the  Johannesburg  Plan  of  Implementation  Targets  and  the  UN 
Commission for Sustainable Development." 

5. 

Article 58 shall be amended as follows: 

(a) 

(b) 

In  paragraph  1(a)  the  words  "health  and  safety"  shall  be  replaced  by  "health, 
safety and environmental". 

In  paragraph  1(b)  the  words  "(and  previously  disadvantaged  communities)" 
shall  be  replaced  by  "and  should  also  involve  previously  disadvantaged 
communities." 

(c) 

The following point d) shall be added to paragraph 1 : 

"(d)  to  support  policies  and  programmes  that  promote  the  local  beneficiation  of 
minerals  and  that  create  opportunities  for  collaboration  in  the  development  of  the 
mineral beneficiation sector." 

(d) 

Paragraph 1(d) shall be renumbered 1(e) 

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(e) 

In paragraph 2, in fine, the words "and the African Mining Partnership (AMP)" 
shall be added. 

6. 

Article 59 shall be amended as follows 

(a) 

(b) 

In paragraph 1(b), after the words “in order to create a”, the words “safe and” 
shall be inserted. 

In  paragraph  2  (c),  after  the  words  "improving  the  safety  of  air",  the  word  ", 
rail" shall be inserted. 

(c) 

In paragraph 2, the following points shall be added: 

"(d)  exchanging  of  information  and  improving  cooperation  on  the  respective 
transport  safety  and  security  policies  and  practices,  especially  regarding  the 
maritime, aviation and land transport sectors including inter modal flows of goods; 

(e)  harmonising  transport  policies  and  regulatory  frameworks  through  enhanced 
policy  dialogue  and  exchanges  of  regulatory  and  operational  know-how  with 
competent authorities; 

(f)  developing  partnerships  in  the  field  of  global  satellite  navigation  systems, 
including research and technology development, and their application for sustainable 
development." 

7. 

The following article shall be inserted: 

"Article 59A  

Maritime transport 

1. The Parties shall, for the purpose of promoting the development of their maritime 
industry, encourage their competent authorities, shipping companies, ports, relevant 
research institutions, universities and colleges to cooperate, including, but not limited 
to, the following fields: 

(a) 

(b) 

(c) 

exchange of views related to their activities in the framework of international 
maritime organisations;  

formulate and perfect the legislation relating to maritime transport and market 
administration;  

promote  efficient  transport  service  for  international  sea  trade  by  the  effective 
exploitation of the ports and fleets of the Parties; 

(d) 

guarantee shipping safety and prevent marine pollution;  

(e) 

(f) 

promote maritime education and training, especially the training of seafarers;  

exchange of personnel, scientific information and technology;  

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(g) 

strengthening efforts to enhance maritime security 

2.  The  Parties  reaffirm  their  firm  commitments  to  the  relevant  international 
conventions  that  they  have  ratified,  regulating  the  transportation  of  hazardous 
biological,  chemical  and  nuclear  materials,  and  agree  to  cooperate  on  these  issues 
both bilaterally and in multilateral fora. 

3.  Cooperation  in  this  regard  could  take  place  through  jointly  developed  capacity 
building programmes with respect to security and the environment." 

8. 

Article 60 shall be amended as follows 

(a) 

Paragraph 1(c) shall be replaced by the following 

"(c)  to  promote  the  development  of  products  and  markets,  human  resources  and 
institutional structures;" 

(b) 

Paragraph 1(e) shall be replaced by the following: 

"(e) to cooperate in developing and promoting community-based tourism;" 

(c) 

Paragraph 2(e) shall be replaced by the following: 

“(e) promoting cooperation at regional and continental level.” 

9. 

Article 65 shall be amended as follows: 

(a) 

(b) 

In paragraph 1, the words "shall be conducted in a context of policy dialogue 
and partnership" shall be replaced by "shall be conducted in a context of policy 
dialogue, partnership and aid effectiveness". 

In  paragraph  3,  in  fine,  the  word  "and  in  particular  the  achievement  of  the 
Millennium Development Goals (MDG’s)" shall be added.  

10. 

The following article shall be inserted: 

"Article 65A 

Millennium Development Goals 

The  parties  reaffirm  their  commitment  to  achieving  the  Millennium  Development 
Goals by the target date of 2015. The parties also agree to redouble their efforts to 
meet their Monterrey Financing for Development commitments, as well as achieving 
the  outcomes  of  the  Johannesburg  Plan  of  Implementation  (WSSD).  The  Parties 
furthermore  express  their  support  for  the  African  Union  and  its  socio-economic 
programme, and will jointly mobilise resources for its implementation." 

11. 

Article 66 shall be amended as follows: 

(a) 

Paragraph 1 shall be replaced by the following: 

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"1.  The areas of development cooperation will be set down in jointly agreed Multi 
Annual  Programming  documents  in  accordance  with  the  relevant  co-operation 
instruments of the EU." 

(b) 

In paragraph 2 the words "non-governmental development partners and actors" 
shall be replaced by "non-state actors". 

(c) 

In paragraph 3 the word "previously" shall be deleted. 

12. 

Article 67 shall be replaced by the following: 

"Article 67 

Eligible beneficiaries 

Cooperation partners eligible for financial and technical assistance shall be national, 
provincial and local authorities and public bodies, non-state actors and regional and 
international organisations and institutions." 

13. 

Article 68 shall be amended as follows: 

(a) 

In  paragraph  2(c)  the  word  "non-government  partner"  shall  be  replaced  by 
"non-state actor". 

(b) 

In paragraph 4 the word "may" shall be replaced by "will". 

14. 

Article 69 shall be amended as follows: 

(a) 

(b) 

In  paragraph  1  the  words  "based  on  specific  objectives  derived  from  the 
priorities in Article 66 and" shall be deleted. 

In paragraph 2 the words "attached to the Multiannual Indicative Programme" 
shall  be  replaced  by  "set  out  in  the  Agreements  and/or  contracts  governing 
individual projects and programmes". 

15. 

Article 71 shall be amended as follows: 

(a) 

(b) 

In  paragraph  1  the  words  "a  financing  proposal"  shall  be  replaced  by  "an 
Annual Action Plan". 

In  paragraph  2  the  words  "financing  proposal"  shall  be  replaced  by  "Annual 
Action Plan". 

16. 

Article 73 shall be amended as follows: 

(a) 

In paragraph 1 the words "South Africa and the ACP States", shall be replaced 
by "South Africa, the ACP States and countries and territories that are eligible 
in accordance with the untying regulations of the EC". 

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(b) 

In paragraph 2 the words "South Africa or the ACP States", shall be replaced 
by "South Africa, the ACP States or countries and territories that are eligible in 
accordance with the untying regulations of the EC". 

17. 

18. 

In Article 76 the words "Cooperation Council" shall be replaced by "EU Council of 
Ministers". 

In Article 77 the words "Cooperation Council" shall be replaced by "EU Council of 
Ministers". 

19. 

Article 79 shall be amended as follows: 

(a) 

In the title of the Article the word "Chief" shall be deleted. 

(b) 

In  the  text  of  the  Article  the  words  "a  Chief  Authorising  Officer"  shall  be 
replaced by "an Authorising Officer". 

20. 

21. 

In Article 82 the first sentence of paragraph 2 shall de deleted. 

Article 83 shall be replaced by the following: 

"Article 83 

Science and Technology 

1.  The  Parties  will  pursue  mutually  beneficial  science  and  technology  partnerships, 
promoting cooperation under the European Union's Framework Programmes, within 
the  context  of  the  provisions  of  the  agreement  on  cooperation  in  science  and 
technology,  concluded  in  November  1997,  and  in  the  context  of  the  present 
instruments.  The  Parties  will  give  special 
Agreement  and  other  relevant 
consideration to the harnessing of science and technology to support South Africa's 
sustainable  growth  and  development,  consistent  with  the  provisions  of  this 
Agreement,  as  well  as  the  advancement  of  the  global  sustainable  development 
agenda and the strengthening of Africa's science and technology capacities.  

The Parties will engage in a regular dialogue in order to jointly identify priorities for 
science and technology cooperation. 

2. The cooperative relationship will involve among others matters related to science 
and  technology  for  poverty  alleviation  programmes;  science  and  technology  policy 
exchanges;  research  and  innovation  partnerships  to  support  economic  cooperation 
and  employment  creation;  cooperation  in  global  frontier  research  programmes  and 
global research infrastructures; support for African continental and regional science 
and  technology  programmes;  strengthening  the  multilateral  science  and  technology 
dialogue  and  partnerships;  exploiting  synergy  between  multilateral  and  bilateral 
science and technology cooperation; human capital development and global mobility 
of  researchers;  and  concerted  and  targeted  cooperation  in  specific  science  and 
technology thematic areas as jointly identified by the Parties." 

22. 

Article 84 shall be amended as follows: 

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(a) 

(b) 

In  paragraph  1  in  fine,  the  words  ",  including  in  the  context  of  the  United 
Nations and other multilateral fora." shall be added. 

In paragraph 3 the word "the" preceding the words "sustainable management of 
forestry  resources;"  shall  be  deleted;  after  the  words  "water  quality  control", 
the words "air quality;" shall be inserted; the words "surrounding the reduction 
of  greenhouse  gas  emission"  shall  be  replaced  by  "related  to  the  causes  and 
impacts of climate change."  

23. 

Article 85 shall be replaced by the following: 

"Article 85 

Culture 

1.  General Provision, Policy Dialogue 

(a) 

(b) 

The  Parties  shall  undertake  to  cooperate  in  the  sphere  of  culture  in  order  to 
promote  mutual  understanding  and  the  knowledge  of  the  culture(s)  of  South 
Africa, and of the Member States of the European Union.  

The  Parties  shall  endeavour  to  establish  a  policy  dialogue  in  the  field  of 
culture,  in  particular  as  regards  the  strengthening  and  development  of  a 
competitive  sector  of  cultural  industries  in  South  Africa  and  the  European 
Union. 

2. 

Cultural Diversity and Intercultural Dialogue 

The  parties  shall  undertake  to  cooperate  in  the  framework  of  the  relevant 
international  fora  (e.g.  UNESCO)  to  enhance  the  protection  and  promotion  of 
cultural diversity and to foster intercultural dialogue at international level. 

3. 

Cultural Cooperation and Exchanges 

The Parties shall encourage cooperation in cultural activities, participation in events 
and  cultural  exchanges  between  cultural  operators  from  South  Africa  and  the 
European Union." 

24. 

The first paragraph of Article 86 shall be replaced by the following: 

"1. The Parties will engage in a dialogue in the area of employment and social policy. 
This shall include, but not necessarily be limited to, questions relating to the social 
problems  of  post-apartheid  society,  poverty  alleviation,  decent  work  for  all,  social 
protection,  unemployment,  gender  equality,  violence  against  women,  children’s 
rights, persons with disabilities, older persons, youth, labour relations, public health, 
safety at work and population." 

25. 

Article 90 shall be replaced by the following: 

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"Article 90 

Co-operation on Illicit Drugs 

1.  Within their respective powers and competencies, the Parties shall  co-operate 
to  ensure  a  balanced  and  integrated  approach  towards  tackling  the  drugs  problem. 
Drug policies and actions shall be aimed at reducing the supply of, trafficking in and 
the demand for illicit drugs, as well as the prevention of precursor diversion. 

2. 
The  Parties  shall  agree  on  means  of  co-operation  to  attain  these  objectives. 
Actions shall be based on the principles agreed upon at the United Nations General 
Assembly Special Session on Drugs 1998 and the full respect of fundamental human 
rights." 

26. 

Article 91 shall be amended as follows: 

(a) 

The title shall be replaced by the following 

"Protection of personal data" 

(b) 

Paragraph 1 shall be replaced by the following 

"1. The Parties shall cooperate to improve the level of protection of personal data to 
the  highest  international  standards,  such  as,  inter  alia,  the  Guidelines  for  the 
regulation of computerised personal data files, modified by the General Assembly of 
the  United  Nations  on  20  November  1990  and  to  facilitate  the  exchange  of  data  in 
accordance  with  applicable  national  legislation,  respecting  the  highest  international 
standards including the protection of fundamental rights." 

(c) 

Paragraph 3 shall be deleted. 

27. 

The following articles shall be inserted: 

"Art 91A 

Weapons of mass destruction and their means of delivery 

1.  The  Parties,  considering  the  importance  of  the  issues  at  stake  for  international 
stability  and  security,  agree  to  co-operate  and  to  contribute  to  strengthening  the 
multilateral disarmament and non-proliferation system and in that context countering 
the  proliferation  of  all  weapons  of  mass  destruction  and  their  means  of  delivery 
through full compliance with and national implementation of their respective existing 
obligations  and  commitments  under  the  relevant  treaties  and  agreements  and  other 
relevant international obligations. 

2.  The  Parties  furthermore  agree  to  co-operate  and  to  contribute  to  reach  these 
objectives by: 

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(a) 

(b) 

taking  steps  to  sign,  ratify  or  accede  to  other  relevant  international 
disarmament  and  non-proliferation  instruments,  as  appropriate,  and  fully 
implement and comply with all international legally-binding instruments; 

establishing and/or maintaining 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  measures,  including  those  based  on 
penal law to address breaches of export controls. 

3. The Parties agree that paragraphs one and two of this article constitute an essential 
element of this Agreement. The Parties agree to establish a regular political dialogue 
that will accompany and consolidate their cooperation in this area in the context of 
the principles as set out in the Preamble." 

"Article 91B 

Combating terrorism 

1. 
The Parties firmly condemn all acts, methods and practices of terrorism in all 
their  forms  and  manifestations  as  criminal  and  unjustifiable,  wherever  and  by 
whomsoever committed. 

2. 
The  Parties  furthermore  firmly  recognise  that  terrorism  cannot  be  defeated 
without also fundamentally addressing factors conducive to the spread of terrorism. 
The  Parties  reaffirm  their  strong  commitment  to  developing  and  implementing 
comprehensive  action  programmes  aimed  at  eliminating  these  factors.  The  Parties 
underline  that  the  fight  against  terrorism  must  be  conducted  with  full  respect  for 
international law, human rights and refugee law and that all measures must be firmly 
based on the rule of law. The Parties stress that effective counter-terrorism measures 
and the protection of human rights are not conflicting goals but complementary and 
mutually reinforcing.  

The Parties emphasise the importance of the implementation of the UN Global 
3. 
Counter-Terrorism  Strategy  and  their  willingness  to  work  for  this  objective.  They 
continue  to  be  committed  to  reaching  an  agreement  on  the  Comprehensive 
Convention on International Terrorism as soon as possible. 

4. 
The  Parties  agree  to  co-operate  in  the  prevention  and  suppression  of  acts  of 
terrorism in accordance with the Charter of the United Nations and international law, 
relevant  conventions  and  instruments  and  within  their  respective  legislation  and 
regulations. They shall do so in particular: 

(a) 
in the context of the mutual implementation of Resolution 1373 (2001) of the 
UN Security Council and other relevant UN resolutions, and applicable international 
conventions and instruments; 

(b)  by exchange of information on terrorist groups and their support networks, by 
mutual agreement and in accordance with international and national law; 

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(c) 
by  exchange  of  views  on  means  and  methods  used  to  counter  terrorism, 
including in technical fields and training, and by exchange of experiences in respect 
of terrorism prevention." 

"Article 91C 

Money laundering and terrorism financing 

1. 
The Parties agree on the necessity of making every effort and co-operating in 
order  to  prevent  the  use  of  their  financial  systems  for  laundering  of  proceeds  from 
criminal  activities  in  general  and  from  offences  related  to  illicit  drugs  and 
psychotropic substances in particular. 

2. 
Co-operation  in  this  area  may  include  administrative  and  technical  assistance 
with  the  purpose  of  developing  the  implementation  of  regulations  and  efficient 
functioning  of  the  suitable  standards  and  mechanisms  to  combat  money  laundering 
and terrorism financing equivalent to international standards and in particular to the 
recommendations of the Financial Action Task Force (FATF)." 

"Article 91D 

Combating Organised Crime 

The Parties agree to cooperate in combating organised and financial crime including 
corruption.  Such  cooperation  aims  in  particular  at  implementing  and  promoting 
relevant  international  standards  and  instruments,  such  as  the  UN  Convention  on 
Transnational  Organised  Crime  and  its  supplementing  Protocols  and  the  UN 
Convention against Corruption." 

"Article 91E 

Small arms and light weapons 

The Parties recognise that the illicit manufacturing, stockpiling, possession and trade 
in small arms and light weapons and their excessive accumulation and uncontrolled 
spread continue to be a major contributor to instability and a threat to safety, security 
and  sustainable  development.  The  Parties  therefore  agree  to  pursue  and  further 
develop close co-operation to prevent, combat and eradicate the illicit trade in small 
arms and light weapons in all its aspects as set out in the UN Programme of Action 
(UNPoA) and to address the issue of the excessive accumulation of small arms and 
light  weapons.  The  Parties  agree  to  rigorously  observe  and  fully  implement  their 
obligations  under  international  law  and  relevant  conventions,  as  well  as  their 
undertakings in terms of relevant multilateral instruments." 

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"Article 91F 

Mercenaries 

The parties undertake to establish a regular political dialogue and to cooperate in the 
prevention  of  mercenary  activities  in  accordance  with  their  obligations  under 
international  conventions  and  instruments,  and  their  respective  legislations  and 
regulation." 

" Article 91G 

International Criminal Court 

The Parties, determined to put an end to impunity and to promote international peace 
and security and lasting respect for the enforcement of international justice, reaffirm 
their  support  for  the  International  Criminal  Court  and  its  work.  The  parties  further 
agree to cooperate to promote the universality and integrity of the Rome Statute and 
related  instruments  and  agree  to  strengthen  their  cooperation  with  the  ICC  and  its 
work."  

"Article 91H 

Co-operation on migration 

(1)  Migration  shall  be  the  subject  of  in-depth  political  dialogue,  reflecting  the 

importance the Parties attach to this topic. 

The Parties reaffirm their commitment to existing obligations under international law 
regarding  migration  matters  to  ensure  respect  for  human  rights  and  to  eliminate  all 
forms of discrimination based particularly on origin, sex, race, language and religion. 

(2)  With a view to strengthening cooperation between the Parties, such dialogue 

shall cover a broad and comprehensive agenda , including: 

(a) 

(b) 

fair treatment of foreign nationals residing legally on their territories, 
integration  policy  aimed  at  granting  them  rights  and  obligations 
comparable to those of their citizens, enhancing non-discrimination in 
economic, social and cultural life and developing protective measures 
against racism, xenophobia and related intolerance and violence; 

the  treatment  accorded  by  EU  Member  States  to  South  Africans 
legally  employed  on  their  territory  as  regards  working  conditions, 
remuneration  and  dismissal  should  be  equivalent  to  their  own 
nationals.  Similarly  South  Africa  shall  accord  comparable  non-
discriminatory  treatment  to  EU  workers  legally  employed  on  its 
territory; 

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(c) 

visa issues of mutual interest; including simplifying entry procedures 
for  South  African  nationals  visiting  the  EU  as  well  as  EU  Member 
States' nationals visiting South Africa. 

(d) 

travel document security and identity issues; 

(e) 

the linkages between migration and development, including: 

– 

– 

– 

– 

-  strategies  aimed  at  reducing  poverty,  improving  living  and 
working  conditions,  creating  employment  and  developing 
relevant skills, 

-  facilitating  the  participation  of  migrants  in  the  development 
of their home countries, 

-cooperation to strengthen capacities, particularly in the health 
and  education  sectors,  to  offset  the  negative  impact  of  ‘brain 
drain’ on sustainable development in South Africa, and 

-  ways  to  facilitate  legal,  expeditious  and  cost-effective 
remittance transfers; 

the  development  and  implementation  of  national  legislation  and 
practices  on  international  protection,  with  a  view  to  satisfying  the 
provisions  of  the  UN  Convention  relating  to  the  Status  of  Refugees 
and its 1967 Protocol, and to ensuring respect of the principle of 'non-
refoulement'; 

the establishment of an effective and preventive policy to tackle illegal 
immigration,  smuggling  of  migrants  and  trafficking  in  human  beings 
including  combating  networks  of  smugglers  and  traffickers  and 
protecting victims;  

relevant  issues  related  to  border  control,  including  capacity  building, 
training, sharing best practice and technical assistance; 

all issues related to return and readmission, including the need to carry 
out  returns  in  a  humane  and  dignified  manner  and  in  full  respect  of 
human rights, and the promotion of voluntary return. 

(f) 

(g) 

(h) 

(i) 

(3) 

In  the  framework  of  cooperation  to  prevent  and  reduce  illegal  immigration, 
the Parties agree to readmit their illegal migrants. To this end: 

– 

– 

each EU Member State shall accept the return and readmission 
of any of its nationals illegally present on the territory of South 
Africa,  at  South  Africa's  request  and  without  further 
formalities; 

South Africa shall accept the return and readmission of any of 
its nationals illegally present on the territory of an EU Member 
State,  at  that  Member  State's  request  and  without  further 
formalities. 

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The  EU  Member  States  and  South  Africa  will  provide  their  nationals  with 
appropriate identity documents for such purposes. In cases where the nationality or 
identity of a person is in doubt, the Parties agree to identify their alleged nationals. 

(4) 

At  the  request  of  the  Parties  negotiations  shall  be  initiated  aimed  at 
concluding  in  good  faith  and  with  due  regard  for  the  relevant  rules  of 
international law, a bilateral agreement governing specific obligations for the 
readmission and return of their nationals. This agreement could also cover, if 
deemed  necessary  by  the  Parties,  arrangements  for  the  readmission  of  third 
country nationals and stateless persons. It will lay down the details about the 
categories of persons covered by these arrangements as well as the modalities 
of their readmission and return." 

28. 

Article 94 shall be replaced by the following: 

"Article 94 

Grants 

Financial  assistance  in  the  form  of  grants  shall  be  covered  by  financial  resources 
made  available  from  Community  budget  lines  for  development  and  international 
cooperation  activities  falling  within  the  scope  of  those  budget  lines.  The  procedure 
for presentation and approval of requests, implementation, and monitoring/evaluation 
will  be  in  accordance  with  the  general  conditions  relating  to  the  budget  line  in 
question." 

29. 

In Annex IV to Protocol 1 the South African language versions shall be amended as 
follows: 

The  words  "Die  uitvoerder  van  die  produkte  gedek  deur  hierdie  dokument 
(doeanemagtiging  No ...(1))  verklaar  dat,  uitgesonderd  waar  andersins  duidelik 
aangedui,  hierdie  produkte  van  ...  voorkeuroorsprong  (2)  is"  shall  be  replaced  by 
"Die 
dokument 
(doeanemagtigingsno. ...(1))  verklaar  dat,  behalwe  waar  duidelik  anders  aangedui 
word, hierdie produkte van ... voorkeuroorsprong (2) is". 

uitvoerder 

produkte 

hierdie 

gedek 

deur 

van 

die 

This  Agreement  shall  enter  into  force  on  the  first  day  of  the  month  following  the  month  in 
which the Parties notify each other that the necessary procedures have been completed.  

ARTICLE 2 

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Done at Pretoria on ……………. 

For the European Community 

Pour le Royaume de Belgique 

For the Republic of South Africa 

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