Proposal for a Council Decision on the conclusion of the 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: 2010-05-07
Institutions: European Commission
Subjects: European Union, South Africa, cooperation agreement, development aid, ratification of an agreement, trade agreement

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION  

Brussels, 7.5.2010 
COM(2010)220 final 

2010/0119 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the 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 

EN 

   EN 

 
 
 
  
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. 

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  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 consistency, 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  negotiated this Agreement 
on  the  basis  of  the  combined  negotiating  directives  adopted  by  the  Council,  and  in 
consultation  with  the  Africa,  Caribbean  and  Pacific  (ACP)  Working  Party  and  the  Africa 
Working  Group.  These  two  bodies  were  appointed  by  the  Council,  according  to  their 
respective responsibilities, as the special committees to assist the Commission in its task. The 
TDCA negotiations on trade and trade-related matters were suspended pending the outcome 
of the Economic Partnership Agreement (EPA) negotiations1. 

Throughout  the  negotiations,  the  Commission  ensured  that  due  account  was  taken  of  the 
process  for  implementing  the  Strategic  Partnership  between  South  Africa  and  the  EU.  The 
negotiations were concluded to the Commission’s satisfaction on 10 October 2007.  

1 

It  is  to  be  noted  that  the  Commission  has  adopted  on  23  February  2010  a  separate  proposal  (COM 
2010/57)  on  a  Community  position  within  the  EU-South  Africa  Joint  Cooperation  Council  on  a 
modification  of  the  tariff  annexes  of  the  TDCA.  This  separate  amendment  is  aimed  at  aligning  the 
tariffs established by the TDCA and applied by South Africa, with those established by the interim EPA 
negotiated  with  the  SADC  EPA  group  and  which  should  be  applied  by  the  other  countries  of  the 
Southern Africa Customs Union (SACU).  

EN 

2 

   EN 

 
                                                 
On  1  April  2008  the  Council  adopted  a  decision2  on  signing  the  amending  agreement.  In 
accordance with this Council Decision, the agreement was subsequently signed on behalf of 
the Community and the Member States on 11 September 2009 in Kleinmond, South Africa.  

Following  the  entry  into  force  of  the  Treaty  on  the  European  Union  and  the  Treaty  on  the 
Functioning  of  the  European  Union,  the  European  Union  is  substituting  the  European 
Community for the approval of the agreement. As stipulated in Article 3 of the Agreement, 
the Parties shall notify each other of the completion of the corresponding approval procedures 
and the respective instruments of ratification shall be deposited with the General Secretariat of 
the Council of the European Union.  

As established in Article 4, the Amending 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.  

The current proposal is for a Council Decision concluding the amending agreement. 

The Commission therefore recommends that the Council adopt the attached Decision.  

2 

Council Decision 7437/08 of 1 April 2008. 

EN 

3 

   EN 

 
                                                 
2010/0119 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

on the conclusion of the 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  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 217 in conjunction with Article 218 (6) (a) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the consent of the European Parliament3,  

Whereas: 

(1) 
The 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  was  signed  on  behalf  of  the  Community  and  the  Member 
States  on  11  September  2009  in  Kleinmond,  South  Africa,  in  accordance  with  Council 
Decision  7437/08  of  1  April  2008  on  the  signing  of  the  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. 

(2) 
Article  3  of  the  Amending  Agreement  establishes  that  it  should  be  approved  by  the 
Union, by the Member States, and by the Republic of South Africa in accordance with their 
own procedures, 

(3)  The Agreement should be approved, 

3 

OJ C […],[…], p. […]. 

EN 

4 

   EN 

 
                                                 
HAS ADOPTED THIS DECISION: 

Article1 

The  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, is hereby concluded. 

The text of the Agreement is annexed to this Decision.  

Article 2  

The  President  of  the  Council  shall  designate  the  person  empowered,  on  behalf  of  the 
European  Union,  to  deposit  the  instrument  of  approval  provided  for  in  Article  3  of  the 
Agreement  in  order  to  express  the  consent  of  the  European  Union  to  be  bound  by  the 
Agreement. 

Article 3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union.  

Done at Brussels, 

For the Council 
The President 

EN 

5 

   EN 

 
 
 
 
 
ANNEX 

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 

EN 

6 

   EN 

 
 
 
 
 
 
 
 
 
THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

IRELAND, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

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, 

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", 

EN 

7 

   EN 

 
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 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 Joint 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: 

EN 

8 

   EN 

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

EN 

9 

   EN 

 
(3) 

Article 55 shall be replaced by the following: 

"Article 55 

Information society and ICTs 

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) 

(b) 

(c) 

promote 
information society; 

the  development  of  an 

inclusive,  development-oriented 

support  the  growth  and  advancement  of  the  ICT  sector,  including 
SMMEs4; 

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: 

(a) 

policies  and 
regulatory 
applications and services, skills development; 

frameworks, 

innovative  and 

inclusive 

4 

Small, micro- and medium-sized enterprises. 

EN 

10 

   EN 

 
                                                 
(b) 

(c) 

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; 

(d)  promotion  and 

technological 
development  on  projects  in  the  field  of  new  technologies  related  to  the 
information society. 

implementation  of 

research, 

joint 

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: 

(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."; 

EN 

11 

   EN 

 
(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) second sentence shall be replaced by "The cooperation 
should  include  creating  a  mutually  beneficial  climate  for  attracting 
investment in the sector, particularly the SMEs5 and should also involve 
previously disadvantaged communities."; 

(c) 

the following point 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); 

(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)  in  paragraph  1(b),  after  the  words  "in 
order to create a", the words "safe and" shall be inserted; 

(b) 

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; 

5 

Small and medium-sized enterprises. 

EN 

12 

   EN 

 
                                                 
(f) 

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

EN 

13 

   EN 

 
(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,  maritime  freight  forwarding  and  clearing  companies, 
logistics companies, universities and colleges to cooperate, including, but not limited 
to, the following fields: 

(a) 

(b) 

(c) 

(d) 

(e) 

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;  

strive  for  efficient  transport  service  for  international  sea  trade  by  the 
effective operation and management of the ports and fleets of the Parties; 

enforce  internationally  binding  shipping  safety  standards  and  legal 
regulations and prevent marine pollution; 

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

(f) 

exchange of personnel, scientific information and technology; 

(g) 

strengthening efforts to enhance maritime security. 

The  Parties  reaffirm  their  firm  commitments  to  the  relevant  international 
2. 
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. 

Cooperation in this regard could take place through jointly developed capacity 

3. 
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: 

EN 

14 

   EN 

 
"(e)  promoting cooperation at regional and continental level." 

(9) 

Article 65 shall be amended as follows: 

(a) 

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"; 

(b) 

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  commitments6,  as  well  as 
achieving the outcomes of the Johannesburg Plan of Implementation (WSSD7). 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: 

"1.  The areas of development cooperation will be set down in jointly agreed 
Multi Annual  Programming  documents,  including  joint  programming 
documents  agreed  with  EU  Member  States,  in  accordance  with  the 
relevant cooperation 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." 

6 

7 

The  international  conference  on  Financing for Development  was  held  in  Monterey,  Mexico  in  March 
2002, yielding the Monterrey Consensus and a series of commitments adopted for the future financing 
of development aid and eradicating world poverty. 
World Summit on Sustainable Development. 

EN 

15 

   EN 

 
                                                 
(13)  Article 68 shall be amended as follows: 

(a) 

(b) 

in  paragraph  1  the  words  "monitoring  audits  and  missions"  shall  be 
replaced by "monitoring, audits and other missions"; 

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

(c) 

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) 

(b) 

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"; 

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) 

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

(21)  Article 83 shall be replaced by the following: 

EN 

16 

   EN 

 
 
"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  Agreement  and  other  relevant  instruments.  The 
Parties  will  give  special  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. 

EN 

17 

   EN 

 
 
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: 

(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."; 

EN 

18 

   EN 

 
(23)  Article 85 shall be replaced by the following: 

"Article 85 

Culture 

1.  General Provision, Policy Dialogue 

(a)  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. 

(b)  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."; 

EN 

19 

   EN 

 
 
 
(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: 

"Article 90 

Cooperation on Illicit Drugs 

1.  Within their respective powers and competencies, the Parties shall cooperate to 
ensure  a  balanced  and  integrated  approach  towards  addressing  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  cooperation  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"; 

EN 

20 

   EN 

 
(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: 

"Article 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 cooperate 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  cooperate  and  to  contribute  to  reach  these 
objectives by: 

(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 

EN 

21 

   EN 

 
1. 

2. 

3. 

4. 

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. 

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 
Counter-Terrorism  Strategy  and  their  willingness  to  work  for  this  objective. 
They  continue 
the 
to  reaching  an  agreement  on 
Comprehensive Convention on International Terrorism as soon as possible. 

to  be  committed 

The  Parties  agree  to  cooperate  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; 

(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. 

2. 

The  Parties  agree  on  the  necessity  of  making  every  effort  and  cooperating  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. 

Cooperation  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 

EN 

22 

   EN 

 
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 cooperation 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. 

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 
regulations implementing such obligations. 

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 

Cooperation on migration 

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

importance the Parties attach to this topic. 

to  existing  obligations  under 
The  Parties  reaffirm 
international  law  regarding  migration  matters  to  ensure  respect  for  human 

their  commitment 

EN 

23 

   EN 

 
 
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; 

(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; 

EN 

24 

   EN 

 
(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 
remittance transfers; 

legal,  expeditious  and  cost-effective 

(f) 

(g) 

(h) 

(i) 

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 
traffickers  and 
including  combating  networks  of  smugglers  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. 

3. 

In  the  framework  of  cooperation  to  prevent  and  reduce  illegal 

(a) 
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. 

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. 

EN 

25 

   EN 

 
(b)  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 

ARTICLE 2 

This  Agreement  is  drawn  up  in  duplicate  in  the  Bulgarian,  Czech,  Danish,  Dutch,  English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, 
Polish,  Portuguese,  Romanian,  Slovenian,  Slovak,  Spanish  and  Swedish  languages  and  the 
official  languages  of  South  Africa,  other  than  English,  namely  Sepedi,  Sesotho,  Setswana, 
siSwati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa and isiZulu, each of these texts 
being equally authentic. 

ARTICLE 3 

1. 

2. 

This Agreement shall be approved by the Community, by the Member States, and by 
the Republic of South Africa in accordance with their own procedures. 

The  Parties  shall  notify  each  other  of  the  accomplishment  of  the  corresponding 
procedures referred to in paragraph 1. The instruments of approval shall be deposited 
with the General Secretariat of the Council of the European Union. 

EN 

ARTICLE 4 

26 

   EN 

 
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. 

EN 

27 

   EN