Proposal for a COUNCIL DECISION concerning the conclusion of the Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005
Date: 2011-07-26
Institutions: European Commission
Subjects: ACP countries, Cotonou Agreement, cooperation agreement, revision of an agreement

EUROPEAN COMMISSION 

Brussels, 26.7.2011 
COM(2011) 469 final 

2011/0207 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement amending for the second time the 
Partnership Agreement between the members of the African, Caribbean and Pacific 
Group of States, of the one part, and the European Community and its Member States, 
of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg 
on 25 June 2005 

 
 
  
 
EXPLANATORY MEMORANDUM 

By  decision  of  23  February  2009,  the  Council  authorised  the  Commission  to  open 
negotiations with the African, Caribbean and Pacific Group of States (hereinafter referred to 
as  'the  ACP  States')  with  a  view  to  undertaking  the  second  revision  of  the  Partnership 
Agreement  between  the  ACP  States,  of  the  one  part,  and  the  European  Community  and  its 
Member States, of the other part (hereinafter referred to as 'the Cotonou Agreement').  

In line with Article 95 (3) of the Cotonou Agreement, both the ACP and the EU side notified 
the  other  party  of  the  provisions  that  they  wished  to  review  with  a  view  to  a  possible 
amendment of the Agreement. The ACP and EU notifications converged in many areas, with 
both parties recognising that the Cotonou Agreement should be further developed in terms of 
its  political  dimension,  in  the  area  of  regional  integration  and  in  implementation  of  the 
partnership with regard inter alia to development cooperation. It was agreed in this context to 
set aside the updating of the terms in the Agreement required by the entry into force of the 
Treaty  of  Lisbon,  and  the  EU  eventually  issued  a  declaration  annexed  to  the  Final  Act 
announcing proposals to the ACP states for an exchange of letters with the aim of bringing the 
Agreement into conformity with the institutional changes resulting from this entry into force.  

Following the official launch of negotiations at the Joint Council on 29 May 2009, a series of 
negotiating sessions took place between June 2009 and March 2010. 

In  line  with  Article  95  (3)  of  the  Cotonou  Agreement,  the  negotiations  were  successfully 
concluded  by  an  extraordinary  Joint  Ministerial  meeting  on  19  March  2010  with  the 
negotiators  initialling  the  texts  which  aimed  at  amending  the  Agreement,  the  parties  thus 
endorsing the outcome of the negotiations.  

By  Decision  2010/648/EU  of  14  May  2010,  the  Council  authorised  the  signing  of  the 
agreement.  The  Amending  Agreement,  which  is  the  result  of  the  negotiations,  was 
consequently signed by both sides on 22 June 2010 at the ACP-EU Council of Ministers held 
in Ouagadougou, subject to its conclusion at a later date. 

Article  95(3)  of  the  Cotonou  Agreement  authorised  the  Joint  Council  to  adopt  transitional 
measures  in  respect  of  the  amended  provisions  until  they  come  into  force.  By  Council 
Decision 2010/614/EU of 14 June 2010, the Council approved the position to be adopted by 
the  European  Union  within  the  ACP-EU  Council  of  Ministers  concerning  the  transitional 
measures, and by Decision No 2/2010 of the ACP-EU Council of Ministers of 21 June 2010, 
the  amending  provisions  are  provisionally  applied,  as  from  31  October  2010.  This  decision 
also calls on Parties to complete all the necessary procedures to ensure the full entry into force 
of the Agreement within two years from the date of its signature. 

The  Commission  therefore  proposes  the  Council  to  adopt  a  decision  concluding  the 
Agreement,  according  to  Article  218(6)  TFEU,  after  having  obtained  the  consent  of  the 
European Parliament, according to Article 218(6)(a) TFEU.  

EN 

1 

   EN 

 
2011/0207 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement amending for the second time the 
Partnership Agreement between the members of the African, Caribbean and Pacific 
Group of States, of the one part, and the European Community and its Member States, 
of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg 
on 25 June 2005 

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 paragraph 6, 2nd subparagraph, littera (a) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

As authorized by the Council on 23 February 2009, the Commission has negotiated on 
behalf  of  the  Union  and  its  Member  States  an  Agreement,  amending,  for  the  second 
time, the Partnership Agreement between the members of the African, Caribbean and 
Pacific Group of States, of the one part, and the European Community and its Member 
States,  of  the  other  part,  signed  in  Cotonou  on  23  June  2000,  as  first  amended  in 
Luxembourg on 25 June 2005, (hereinafter referred to as "the Cotonou Agreement").  

In  accordance  with  Council  Decision  2010/648/UE  of  14  May  2010  the  Agreement 
was signed by the Parties on 22 June 2010 at the ACP-EU Council of Ministers held in 
Ouagadougou subject to its conclusion at a later date.  

Decision No 2/2010 of 21 June 2010 of the ACP-EU Council of Ministers adopted a 
provisional application of the Amending Agreement as from 1 November 2010. 

The  Agreement  amending  for  the  second  time  the  Cotonou  Agreement  should  be 
concluded. 

The  Declaration  III  attached  to  the  Final  Act  adopted  by  the  signatories  states  that 
"The European Union will propose to the ACP States an exchange of letters with the 
aim  of  bringing  the  Agreement  into  conformity  with  the  institutional  changes  in  the 
European Union resulting from the entry into force of the Treaty of Lisbon". 

1 

OJ C […],[…], p. […] 

EN 

2 

   EN 

 
                                                 
HAS ADOPTED THIS DECISION:  

Article 1 

The  Agreement  amending  for  the  second  time  the  Partnership  Agreement  between  the 
members  of  the  African,  Caribbean  and  Pacific  Group  of  States,  of  the  one  part,  and  the 
European Community and its Member States, of the other part, signed in Cotonou on 23 June 
2000, as amended for a first time in Luxembourg on 25 June 2005, is hereby concluded.  

The text of the Agreement to be concluded, and the declarations made by the European Union 
unilaterally  or  jointly  with  other  parties  and  attached  to  the  Final  Act,  are  attached  to  this 
Decision as Annex I. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the European Union, to deposit the instrument of approval as provided for in Article 93 of the 
Cotonou Agreement, in order to express the consent of the European Union to be bound. 

The letter in Annex II to this Decision shall be addressed to the ACP Secretariat.  

Article 3 

Article  

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

Done at Brussels, 

For the Council 
The President 

EN 

3 

   EN 

 
 
 
ANNEXE I 

AGREEMENT 
AMENDING FOR THE SECOND TIME THE PARTNERSHIP AGREEMENT 
BETWEEN THE MEMBERS OF THE AFRICAN, CARIBBEAN 
AND PACIFIC GROUP OF STATES, OF THE ONE PART, 
AND THE EUROPEAN COMMUNITY 
AND ITS MEMBER STATES, OF THE OTHER PART, 
SIGNED IN COTONOU ON 23 JUNE 2000, 
AS FIRST AMENDED IN LUXEMBOURG ON 25 JUNE 2005 

HIS MAJESTY THE KING OF THE BELGIANS, 

THE PRESIDENT OF THE REPUBLIC OF BULGARIA, 

THE PRESIDENT OF THE CZECH REPUBLIC, 

HER MAJESTY THE QUEEN OF DENMARK, 

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, 

THE PRESIDENT OF THE REPUBLIC OF ESTONIA, 

THE PRESIDENT OF IRELAND, 

THE PRESIDENT OF THE HELLENIC REPUBLIC, 

HIS MAJESTY THE KING OF SPAIN, 

THE PRESIDENT OF THE FRENCH REPUBLIC, 

THE PRESIDENT OF THE ITALIAN REPUBLIC, 

THE PRESIDENT OF THE REPUBLIC OF CYPRUS, 

THE PRESIDENT OF THE REPUBLIC OF LATVIA, 

THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, 

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, 

THE PRESIDENT OF THE REPUBLIC OF HUNGARY, 

THE PRESIDENT OF MALTA, 

HER MAJESTY THE QUEEN OF THE NETHERLANDS, 

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, 

EN 

4 

   EN 

 
 
 
 
 
THE PRESIDENT OF THE REPUBLIC OF POLAND, 

THE PRESIDENT OF THE PORTUGUESE REPUBLIC, 

THE PRESIDENT OF ROMANIA, 

THE PRESIDENT OF THE REPUBLIC OF SLOVENIA, 

THE PRESIDENT OF THE SLOVAK REPUBLIC, 

THE PRESIDENT OF THE REPUBLIC OF FINLAND, 

THE GOVERNMENT OF THE KINGDOM OF SWEDEN, 

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

Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the 
European Union, hereinafter referred to as "the Member States", 

and 

THE EUROPEAN UNION, hereinafter referred to as "the Union" or "the EU", 

of the one part, and 

THE PRESIDENT OF THE REPUBLIC OF ANGOLA, 

HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA, 

THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS, 

THE HEAD OF STATE OF BARBADOS, 

HER MAJESTY THE QUEEN OF BELIZE, 

THE PRESIDENT OF THE REPUBLIC OF BENIN, 

THE PRESIDENT OF THE REPUBLIC OF BOTSWANA, 

THE PRESIDENT OF BURKINA FASO, 

THE PRESIDENT OF THE REPUBLIC OF BURUNDI, 

THE PRESIDENT OF THE REPUBLIC OF CAMEROON, 

THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE, 

THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC, 

THE PRESIDENT OF THE UNION OF THE COMOROS, 

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO, 

EN 

5 

   EN 

 
THE PRESIDENT OF THE REPUBLIC OF CONGO, 

THE GOVERNMENT OF THE COOK ISLANDS, 

THE PRESIDENT OF THE REPUBLIC OF CÔTE D'IVOIRE, 

THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI, 

THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA, 

THE PRESIDENT OF THE DOMINICAN REPUBLIC, 

THE PRESIDENT OF THE STATE OF ERITREA, 

THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA, 

THE PRESIDENT OF THE REPUBLIC OF THE FIJI ISLANDS, 

THE PRESIDENT OF THE GABONESE REPUBLIC, 

THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE GAMBIA, 

THE PRESIDENT OF THE REPUBLIC OF GHANA, 

HER MAJESTY THE QUEEN OF GRENADA, 

THE PRESIDENT OF THE REPUBLIC OF GUINEA, 

THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU, 

THE PRESIDENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA, 

THE PRESIDENT OF THE REPUBLIC OF HAITI, 

THE HEAD OF STATE OF JAMAICA, 

THE PRESIDENT OF THE REPUBLIC OF KENYA, 

THE PRESIDENT OF THE REPUBLIC OF KIRIBATI, 

HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO, 

THE PRESIDENT OF THE REPUBLIC OF LIBERIA, 

THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR, 

THE PRESIDENT OF THE REPUBLIC OF MALAWI, 

THE PRESIDENT OF THE REPUBLIC OF MALI, 

THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS, 

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA, 

EN 

6 

   EN 

 
THE PRESIDENT OF THE REPUBLIC OF MAURITIUS, 

THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA, 

THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE, 

THE PRESIDENT OF THE REPUBLIC OF NAMIBIA, 

THE GOVERNMENT OF THE REPUBLIC OF NAURU, 

THE PRESIDENT OF THE REPUBLIC OF NIGER, 

THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, 

THE GOVERNMENT OF NIUE, 

THE GOVERNMENT OF THE REPUBLIC OF PALAU, 

HER  MAJESTY  THE  QUEEN  OF  THE  INDEPENDENT  STATE  OF  PAPUA  NEW 
GUINEA, 

THE PRESIDENT OF THE REPUBLIC OF RWANDA, 

HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS, 

HER MAJESTY THE QUEEN OF SAINT LUCIA, 

HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES, 

THE HEAD OF STATE OF THE INDEPENDENT STATE OF SAMOA, 

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

THE PRESIDENT OF THE REPUBLIC OF SENEGAL, 

THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES, 

THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE, 

HER MAJESTY THE QUEEN OF SOLOMON ISLANDS, 

THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA, 

THE PRESIDENT OF THE REPUBLIC OF SURINAME, 

HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND, 

THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA, 

THE PRESIDENT OF THE REPUBLIC OF CHAD, 

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE, 

THE PRESIDENT OF THE TOGOLESE REPUBLIC, 

EN 

7 

   EN 

 
HIS MAJESTY THE KING OF TONGA, 

THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO, 

HER MAJESTY THE QUEEN OF TUVALU, 

THE PRESIDENT OF THE REPUBLIC OF UGANDA, 

THE GOVERNMENT OF THE REPUBLIC OF VANUATU, 

THE PRESIDENT OF THE REPUBLIC OF ZAMBIA, 

THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE, 

which States are hereinafter referred to as "ACP States", 

of the other part, 

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

HAVING  REGARD  to  the  Partnership  Agreement  between  the  members  of  the  African, 
Caribbean and Pacific Group of States, of the one part, and the European Community and its 
Member  States,  of  the  other  part,  signed  in  Cotonou  on  23  June  2000,  as  first  amended  in 
Luxembourg on 25 June 2005, (hereinafter referred to as "the Cotonou Agreement"); 

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

CONSIDERING that the Agreement amending the Cotonou Agreement for the first time was 
signed in Luxembourg on 25 June 2005 and entered into force on 1 July 2008; 

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

FOR HIS MAJESTY THE KING OF THE BELGIANS, 

FOR THE PRESIDENT OF THE REPUBLIC OF BULGARIA, 

FOR THE PRESIDENT OF THE CZECH REPUBLIC, 

FOR HER MAJESTY THE QUEEN OF DENMARK, 

FOR THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, 

FOR THE PRESIDENT OF THE REPUBLIC OF ESTONIA, 

FOR THE PRESIDENT OF IRELAND, 

EN 

8 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FOR THE PRESIDENT OF THE HELLENIC REPUBLIC,  

FOR HIS MAJESTY THE KING OF SPAIN, 

FOR THE PRESIDENT OF THE FRENCH REPUBLIC, 

FOR THE PRESIDENT OF THE ITALIAN REPUBLIC, 

FOR THE PRESIDENT OF THE REPUBLIC OF CYPRUS, 

FOR THE PRESIDENT OF THE REPUBLIC OF LATVIA, 

FOR THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, 

FOR HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, 

FOR THE PRESIDENT OF THE REPUBLIC OF HUNGARY, 

FOR THE PRESIDENT OF MALTA, 

FOR HER MAJESTY THE QUEEN OF THE NETHERLANDS,   

FOR THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,  

FOR THE PRESIDENT OF THE REPUBLIC OF POLAND, 

FOR THE PRESIDENT OF THE PORTUGUESE REPUBLIC, 

FOR THE PRESIDENT OF ROMANIA, 

FOR THE PRESIDENT OF THE REPUBLIC OF SLOVENIA, 

FOR THE PRESIDENT OF THE SLOVAK REPUBLIC, 

FOR THE PRESIDENT OF THE REPUBLIC OF FINLAND, 

FOR THE GOVERNMENT OF THE KINGDOM OF SWEDEN,   

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

FOR THE EUROPEAN UNION, 

FOR THE PRESIDENT OF THE REPUBLIC OF ANGOLA, 

FOR HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA, 

FOR THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS, 

FOR THE HEAD OF STATE OF BARBADOS, 

EN 

9 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FOR HER MAJESTY THE QUEEN OF BELIZE, 

FOR THE PRESIDENT OF THE REPUBLIC OF BENIN,  

FOR THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,   

FOR THE PRESIDENT OF BURKINA FASO, 

FOR THE PRESIDENT OF THE REPUBLIC OF BURUNDI, 

FOR THE PRESIDENT OF THE REPUBLIC OF CAMEROON,   

FOR THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE,  

FOR THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC, 

FOR THE PRESIDENT OF THE UNION OF THE COMOROS, 

FOR  THE  PRESIDENT  OF  THE  DEMOCRATIC  REPUBLIC  OF  CONGO, 

FOR THE PRESIDENT OF THE REPUBLIC OF CONGO, 

FOR THE GOVERNMENT OF THE COOK ISLANDS, 

FOR THE PRESIDENT OF THE REPUBLIC OF CÔTE D'IVOIRE, 

FOR THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI, 

FOR THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA, 

FOR THE PRESIDENT OF THE DOMINICAN REPUBLIC, 

FOR THE PRESIDENT OF THE STATE OF ERITREA, 

FOR  THE  PRESIDENT  OF  THE  FEDERAL  DEMOCRATIC  REPUBLIC  OF  ETHIOPIA, 

FOR THE PRESIDENT OF THE REPUBLIC OF THE FIJI ISLANDS, 

FOR THE PRESIDENT OF THE GABONESE REPUBLIC, 

FOR THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE GAMBIA, 

FOR THE PRESIDENT OF THE REPUBLIC OF GHANA, 

FOR HER MAJESTY THE QUEEN OF GRENADA, 

FOR THE PRESIDENT OF THE REPUBLIC OF GUINEA, 

FOR THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU, 

EN 

10 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FOR THE PRESIDENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA,   

FOR THE PRESIDENT OF THE REPUBLIC OF HAITI,   

FOR THE HEAD OF STATE OF JAMAICA, 

FOR THE PRESIDENT OF THE REPUBLIC OF KENYA, 

FOR THE PRESIDENT OF THE REPUBLIC OF KIRIBATI, 

FOR HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO, 

FOR THE PRESIDENT OF THE REPUBLIC OF LIBERIA, 

FOR THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR, 

FOR THE PRESIDENT OF THE REPUBLIC OF MALAWI, 

FOR THE PRESIDENT OF THE REPUBLIC OF MALI, 

FOR THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS, 

FOR THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA, 

FOR THE PRESIDENT OF THE REPUBLIC OF MAURITIUS, 

FOR THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA, 

FOR THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE, 

FOR THE PRESIDENT OF THE REPUBLIC OF NAMIBIA, 

FOR THE GOVERNMENT OF THE REPUBLIC OF NAURU, 

FOR THE PRESIDENT OF THE REPUBLIC OF NIGER,  

FOR THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,   

FOR THE GOVERNMENT OF NIUE, 

FOR THE GOVERNMENT OF THE REPUBLIC OF PALAU, 

FOR  HER  MAJESTY  THE  QUEEN  OF  THE  INDEPENDENT  STATE  OF  PAPUA 
NEW GUINEA, 

FOR THE PRESIDENT OF THE REPUBLIC OF RWANDA, 

FOR HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS, 

EN 

11 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FOR HER MAJESTY THE QUEEN OF SAINT LUCIA, 

FOR HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES,   

FOR THE HEAD OF STATE OF THE INDEPENDENT STATE OF SAMOA, 

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

FOR THE PRESIDENT OF THE REPUBLIC OF SENEGAL, 

FOR THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,  

FOR THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE, 

FOR HER MAJESTY THE QUEEN OF SOLOMON ISLANDS, 

FOR THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA, 

FOR THE PRESIDENT OF THE REPUBLIC OF SURINAME, 

FOR HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND, 

FOR THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA,  

FOR THE PRESIDENT OF THE REPUBLIC OF CHAD,   

FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE, 

FOR THE PRESIDENT OF THE TOGOLESE REPUBLIC, 

FOR HIS MAJESTY THE KING OF TONGA, 

FOR THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO,   

FOR HER MAJESTY THE QUEEN OF TUVALU,  

FOR THE PRESIDENT OF THE REPUBLIC OF UGANDA, 

FOR THE GOVERNMENT OF THE REPUBLIC OF VANUATU, 

FOR THE PRESIDENT OF THE REPUBLIC OF ZAMBIA, 

FOR THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE, 

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

HAVE AGREED AS FOLLOWS: 

EN 

12 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SOLE ARTICLE 

In accordance with the procedure laid down in Article 95 thereof, the Cotonou Agreement is 
hereby amended as follows: 

A. 

1. 

2. 

3. 

4. 

PREAMBLE 

The eleventh recital, commencing "RECALLING the Libreville and Santo Domingo 
declarations …", is replaced by the following: 

"RECALLING the declarations of the successive Summits of the Heads of State and 
Government of ACP States;".  

twelfth 

The 
Development Goals …", is replaced by the following: 

recital,  commencing  "CONSIDERING 

that 

the  Millennium 

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

to  accelerate  progress 

towards  attaining 

After  the  twelfth  recital,  commencing  "CONSIDERING  that  the  Millennium 
Development Goals …", the following recital is inserted: 

"SUBSCRIBING  to  the  aid  effectiveness  agenda  started  in  Rome,  pursued  in  Paris 
and further developed in the Accra Agenda for Action;". 

The thirteenth recital, commencing "PAYING particular attention to the pledges …", 
is replaced by the following: 

"PAYING  particular  attention  to  the  pledges  made  and  objectives  agreed  at  major 
UN  and  other  international  conferences  and  acknowledging  the  need  for  further 
action  to  be  taken  in  order  to  achieve  the  goals  and  implement  the  action 
programmes which have been drawn up in those fora;". 

5. 

After the thirteenth recital, commencing "PAYING particular attention to the pledges 
.", the following recital is inserted: 

"AWARE  of  the  serious  global  environmental  challenge  posed  by  climate  change, 
and  deeply  concerned  that  the  most  vulnerable  populations  live  in  developing 
countries, in particular in Least Developed Countries and Small Island ACP States, 
where  climate-related  phenomena  such  as  sea  level  rise,  coastal  erosion,  flooding, 
droughts  and  desertification  are  threatening  their  livelihoods  and  sustainable 
development;". 

EN 

13 

   EN 

 
B. 

1. 

(a) 

TEXT OF THE ARTICLES OF THE COTONOU AGREEMENT 

Article 1 is amended as follows: 

the third paragraph is replaced by the following: 

"These  objectives  and  the  Parties'  international  commitments,  including  the 
Millennium Development Goals, shall inform all development strategies and shall be 
tackled  through  an  integrated  approach  taking  account  at  the  same  time  of  the 
political, economic, social, cultural and environmental aspects of development. The 
partnership  shall  provide  a  coherent  support  framework  for  the  development 
strategies adopted by each ACP State.";  

(b) 

the fourth paragraph is replaced by the following: 

"Sustained  economic growth,  developing  the private sector, increasing employment 
and  improving  access  to  productive  resources  shall  all  be  part  of  this  framework. 
Support shall be given to the respect of the rights of the individual and meeting basic 
needs,  the  promotion  of  social  development  and  the  conditions  for  an  equitable 
distribution of the fruits of growth. Regional and sub-regional integration processes 
which foster the integration of the ACP countries into the world economy in terms of 
trade  and  private  investment  shall  be  encouraged  and  supported.  Building  the 
capacity  of  the  actors  in  development  and  improving  the  institutional  framework 
necessary for social cohesion, for the functioning of a democratic society and market 
economy,  and  for  the  emergence  of  an  active  and  organised  civil  society  shall  be 
integral to the approach. Systematic account shall be taken of the situation of women 
and  gender  issues  in  all  areas  -  political,  economic  and  social.  The  principles  of 
sustainable management of natural resources and the environment, including climate 
change, shall be applied and integrated at every level of the partnership.". 

2. 

Article 2 is replaced by the following: 

"Article 2  

Fundamental principles 

ACP-EC  cooperation,  underpinned  by  a  legally  binding  system  and  the  existence  of  joint 
institutions, shall be guided by the internationally agreed aid effectiveness agenda regarding 
ownership,  alignment,  harmonisation,  results-oriented  aid  management  and  mutual 
accountability, exercised on the basis of the following fundamental principles: 

– 

– 

equality  of  the  partners  and  ownership  of  the  development  strategies:  for  the 
purposes  of  implementing  the  objectives  of  the  partnership,  the  ACP  States  shall 
determine  the  development  strategies  for  their  economies  and  societies  in  all 
sovereignty  and  with  due  regard  for  the  essential  and  fundamental  elements 
described in Article 9; the partnership shall encourage ownership of the development 
strategies  by  the  countries  and  populations  concerned;  EU  development  partners 
shall align their programmes with these strategies; 

participation:  apart  from  central  government  as  the  main  partner,  the  partnership 
shall be open to ACP parliaments, and local authorities in ACP States and different 
kinds of other actors in order to encourage the integration of all sections of society, 

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– 

– 

including  the  private  sector  and  civil  society  organisations,  into  the  mainstream  of 
political, economic and social life; 

the  pivotal  role  of  dialogue  and  the  fulfilment  of  mutual  obligations  and 
accountability:  the  obligations  assumed  by  the  Parties  in  the  framework  of  their 
dialogue  shall  be  central  to  their  partnership  and  cooperation  relations;  the  Parties 
shall work closely together in determining and implementing the necessary processes 
of donor alignment and harmonisation, with a view to securing a key role for ACP 
States in these processes; 

differentiation and regionalisation: cooperation arrangements and priorities shall vary 
according  to  a  partner's  level  of  development,  its  needs,  its  performance  and  its 
long-term  development  strategy.  Special  treatment  shall  be  given  to  the  least-
developed  countries.  The  vulnerability  of  landlocked  and  island  countries  shall  be 
taken into account. Particular emphasis shall be put on regional integration, including 
at continental level.". 

3. 

Article 4 is replaced by the following: 

"Article 4  

General approach 

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

– 

– 

be informed and involved in consultation on cooperation policies and strategies, on 
priorities for cooperation especially in areas that concern or directly affect them, and 
on the political dialogue; 

be provided with capacity-building support in critical areas in order to reinforce the 
capabilities  of  these  actors,  particularly  as  regards  organisation  and  representation, 
including  channels  of 
the  establishment  of  consultation  mechanisms 
and 
communication and dialogue, and to promote strategic alliances. 

Non-State actors and local decentralised authorities shall, where appropriate: 

– 

– 

4. 

(a) 

be  provided  with  financial  resources,  under  the  conditions  laid  down  in  this 
Agreement in order to support local development processes; 

be involved in the implementation of cooperation projects and programmes in areas 
that concern them or where these actors have a comparative advantage.". 

Article 6 is amended as follows: 

paragraph 1 is replaced by the following: 

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"1. 

The actors of cooperation will include: 

(a)  State (local, regional and national), including ACP national parliaments; 

(b)  ACP  regional  organisations  and  the  African  Union.  For  the  purpose  of  this 
Agreement the notion of regional organisations or levels shall also include sub-
regional organisations or levels; 

(c)  non-State: 

–  private sector; 

–  economic and social partners, including trade union organisations; 

–  civil society in all its forms according to national characteristics."; 

(b) 

in  paragraph  2  the  words  "non-governmental  actors"  are  replaced  by  "non-State 
actors". 

5. 

Article 8 is replaced by the following:  

"Article 8 

Political dialogue 

The  Parties  shall  regularly  engage  in  a  comprehensive,  balanced  and  deep  political 

1. 
dialogue leading to commitments on both sides. 

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

3. 
The dialogue shall cover all the aims and objectives laid down in this Agreement as 
well  as  all  questions  of  common,  general  or  regional  interest,  including  issues  pertaining  to 
regional and continental integration. Through dialogue, the Parties shall contribute to peace, 
security  and  stability  and  promote  a  stable  and  democratic  political  environment.  It  shall 
encompass  cooperation  strategies,  including  the  aid  effectiveness  agenda,  as  well  as  global 
and sectoral policies, including environment, climate change, gender, migration and questions 
related to the cultural heritage. It shall also address global and sectoral policies of both Parties 
that might affect the achievement of the objectives of development cooperation. 

4. 
The dialogue shall focus, inter alia, on specific political issues of mutual concern or of 
general significance for the attainment of the objectives of this Agreement, such as the arms 
trade,  excessive  military  expenditure,  drugs,  organised  crime  or  child 
labour,  or 
discrimination  of  any  kind,  such  as  race,  colour,  sex,  language,  religion,  political  or  other 
opinion,  national  or  social  origin,  property,  birth  or  other  status.  The  dialogue  shall  also 

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encompass a regular assessment of the developments concerning the respect for human rights, 
democratic principles, the rule of law and good governance. 

5. 
Broadly based policies to promote peace and to prevent, manage and resolve violent 
conflicts shall play a prominent role in this dialogue, as shall the need to take full account of 
the  objective  of  peace  and  democratic  stability  in  the  definition  of  priority  areas  of 
cooperation.  The  dialogue  in  this  context  shall  fully  involve  the  relevant  ACP  regional 
organisations and the African Union, where appropriate. 

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

Regional  organisations  and  representatives  of  civil  society  organisations  shall  be 

7. 
associated with this dialogue, as well as ACP national parliaments, where appropriate. 

8. 
Where appropriate, and in order to prevent situations arising in which one Party might 
deem  it  necessary  to  have  recourse  to  the  consultation  procedure  foreseen  in  Article  96, 
dialogue  covering  the  essential  elements  shall  be  systematic  and  formalised  in  accordance 
with the modalities set out in Annex VII.". 

6. 

Article 9 is amended as follows: 

(a) 

in paragraph 3, the second subparagraph is replaced by the following:  

"Good  governance,  which  underpins  the  ACP-EU  Partnership,  shall  underpin  the 
domestic  and  international  policies  of  the  Parties,  and  constitute  a  fundamental 
element  of  this  Agreement.  The  parties  agree  that  serious  cases  of  corruption, 
including  acts  of  bribery  leading  to  such  corruption,  as  referred  to  in  Article  97 
constitute a violation of that element."; 

(b) 

in paragraph 4, the following subparagraph is added: 

"The principles underlying the essential and fundamental elements as defined in this 
Article  shall  apply  equally  to  the  ACP  States  on  the  one  hand,  and  to  the 
European Union and its Member States, on the other hand.". 

7. 

Article 10 is amended as follows: 

(a) 

in paragraph 1, the second indent is replaced by the following: 

"– greater involvement of ACP national parliaments, local decentralised authorities, 
where  appropriate,  and  of  an  active  and  organised  civil  society  and  the  private 
sector."; 

in  paragraph  2,  the  words  "market  economy"  are  replaced  by  "social  market 

(b) 
economy". 

8. 

Article 11 is replaced by the following: 

"Article 11 

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Peace-building policies, conflict prevention and resolution, response to situations of fragility 

1. 
The Parties acknowledge that without development and poverty reduction there will be 
no  sustainable  peace  and  security,  and  that  without  peace  and  security  there  can  be  no 
sustainable  development.  The  Parties  shall  pursue  an  active,  comprehensive  and  integrated 
policy of peace building and conflict prevention and resolution, and human security, and shall 
address  situations  of  fragility  within  the  framework  of  the  Partnership.  This  policy  shall  be 
based on the principle of ownership and shall in particular focus on building national, regional 
and continental capacities, and on preventing violent conflicts at an early stage by addressing 
their root-causes, including poverty, in a targeted manner, and with an adequate combination 
of all available instruments. 

The Parties acknowledge that new or expanding security threats need to be addressed, such as 
organised crime, piracy and trafficking of, notably, people, drugs and weapons. The impacts 
of global challenges like international financial market shocks, climate change and pandemics 
also need to be taken into account.  

The  Parties  emphasize  the  important  role  of  regional  organisations  in  peace  building  and 
conflict prevention and resolution and in tackling new or expanding security threats with, in 
Africa, a key responsibility for the African Union. 

2. 
The interdependence between security and development shall inform the activities in 
the field of peace building, conflict prevention and resolution which shall combine short and 
long-term  approaches,  which  encompass  and  go  beyond  crisis  management.  Activities  to 
tackle new or expanding security threats shall, inter alia, support law enforcement, including 
cooperating on border controls, enhancing the security of the international supply chain, and 
improving air, maritime and road transport safeguards. 

Activities in the field of peace building, conflict prevention and resolution shall in particular 
include support for balancing political, economic, social and cultural opportunities among all 
segments  of  society,  for  strengthening  the  democratic  legitimacy  and  effectiveness  of 
governance,  for  establishing  effective  mechanisms  for  the  peaceful  conciliation  of  group 
interests,  for  active  involvement  of  women,  for  bridging  dividing  lines  among  different 
segments  of  society  as  well  as  support  for  an  active  and  organised  civil  society.  In  this 
respect,  particular  attention  shall  be  paid  to  developing  early  warning  systems  and  peace-
building mechanisms that would contribute to the prevention of conflicts. 

3. 
Relevant activities shall also include, inter alia, support for mediation, negotiation and 
reconciliation efforts, for effective regional management of shared, scarce natural resources, 
for demobilisation and reintegration of former combatants into the society, for addressing the 
problems of child soldiers and of violence against women and children. Suitable action shall 
be  taken  to  set  responsible  limits  to  military  expenditure  and  arms  trade,  including  through 
support for the promotion and application of agreed standards and codes of conduct, as well 
as to combat activities that fuel conflict. 

Particular  emphasis  shall  be  given  to  the  fight  against  anti-personnel  landmines  and 
3a. 
explosive remnants of war as well as to addressing the illicit manufacture, transfer, circulation 
and  accumulation  of  small  arms  and  light  weapons  and  their  ammunition,  including 
inadequately secured and poorly managed stocks and stockpiles and their uncontrolled spread. 

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The  Parties  agree  to  coordinate,  observe  and  fully  implement  their  respective  obligations 
under all relevant international conventions and instruments, and, to this end, they undertake 
to cooperate at the national, regional and continental levels.  

The  Parties  also  undertake  to  cooperate  in  the  prevention  of  mercenary  activities  in 
3b. 
accordance with their obligations under all relevant international conventions and instruments, 
and their respective legislation and regulations. 

In  order  to  address  situations  of  fragility  in  a  strategic  and  effective  manner,  the 
4. 
Parties  shall  share  information  and  facilitate  preventive  responses  combining  diplomatic, 
security and development cooperation tools in a coherent way. They shall agree on the best 
way to strengthen capabilities of States to fulfil their core functions and to stimulate political 
will for reform while respecting the principle of ownership. In situations of fragility, political 
dialogue is especially important and shall be further developed and reinforced. 

5. 
In situations of violent conflict the Parties shall take all suitable action to prevent an 
intensification of violence, to limit its territorial spread, and to facilitate a peaceful settlement 
of the existing disputes. Particular attention shall be paid to ensuring that financial resources 
for cooperation are used in accordance with the principles and objectives of the Partnership, 
and to preventing a diversion of funds for belligerent purposes. 

6. 
In  post-conflict  situations,  the  Parties  shall  take  all  suitable  action  to  stabilise  the 
situation  during  the  transition  in  order  to  facilitate  the  return  to  a  non-violent,  stable  and 
democratic  situation.  The  Parties  shall  ensure  the  creation  of  the  necessary  links  between 
emergency measures, rehabilitation and development cooperation. 

In promoting the strengthening of peace and international justice, the Parties reaffirm 

7. 
their determination to: 

–  share experience in the adoption of legal adjustments required to allow for the ratification 

and implementation of the Rome Statute of the International Criminal Court; and 

–  fight against international crime in accordance with international law, giving due regard to 

the Rome Statute. 

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

9. 

Article 12 is replaced by the following:  

"Article 12 

Coherence of Community policies and their impact on the implementation of this Agreement 

The  Parties  are  committed  to  addressing  policy  coherence  for  development  in  a  targeted, 
strategic  and  partnership-oriented  way,  including  strengthening  dialogue  on  issues  of  policy 
coherence  for  development.  The  Union  acknowledges  that  Union  policies,  other  than 
development  policy,  can  support  the  development  priorities  of  ACP  States  in  line  with  the 
objectives  of  this  Agreement.  On  this  basis  the  Union  will  enhance  the  coherence  of  those 
policies with a view to attaining the objectives of this Agreement. 

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Without prejudice to Article 96, where the Community intends, in the exercise of its powers, 
to  take  a  measure  which  might  affect  the  interests  of  the  ACP  States,  as  far  as  this 
Agreement's  objectives  are  concerned,  it  shall  inform  in  good  time  the  ACP  Group  of  its 
intentions.  To  this  end,  the  Commission  shall  regularly  inform  the  Secretariat  of  the 
ACP Group  of  planned  proposals  and  communicate  simultaneously  its  proposal  for  such 
measures. Where necessary, a request for information may also take place on the initiative of 
the ACP States.  

At  their  request,  consultations  shall  be  held  promptly  so  that  account  may  be  taken  of  their 
concerns as to the impact of those measures before any final decision is made. 

After  such  consultations  have  taken  place,  the  ACP  States  and  the  ACP  Group  may,  in 
addition, transmit their concerns in writing to the Community as soon as possible and submit 
suggestions for amendments indicating the way their concerns should be met. 

If  the  Community  does  not  accede  to  the  ACP  States'  submissions,  it  shall  advise  them  as 
soon as possible giving its reasons. 

The ACP Group shall also be provided with adequate information on the entry into force of 
such decisions, in advance whenever possible.". 

10. 

Article 14 is replaced by the following: 

"Article 14 

The joint institutions 

1. 

The joint institutions of this Agreement are the Council of Ministers, the Committee 
of Ambassadors and the Joint Parliamentary Assembly. 

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2. 

The  joint  institutions  and the  institutions  set  up  under  the  Economic  Partnership 
Agreements,  without  prejudice  to  the  relevant  provisions  of  existing  or  future 
Economic  Partnership  Agreements,  shall  endeavour to  ensure  coordination, 
coherence  and  complementarity,  as  well  as an  effective and  reciprocal  flow  of 
information.". 

11. 

The following Article is inserted: 

"Article 14a 

Meetings of Heads of State or Government 

The Parties shall meet at the level of Heads of State or Government, upon joint agreement, in 
an appropriate format.". 

12. 

Article 15 is amended as follows: 

(a) 

in paragraph 1, the third subparagraph is replaced by the following: 

"The  Council  of  Ministers  shall  meet  as  a  rule  once  a  year  on  the  initiative  of  the 
President  and  whenever  it  seems  necessary,  in  a  form  and  a  geographical 
composition appropriate to the issues to be addressed. Such meetings will provide for 
high-level  consultations  on  matters  which  are  of  specific  concern  to  the  Parties, 
complementing the work that is being done in the Joint Ministerial Trade Committee, 
as  set  out  in  Article  38,  and  in  the  ACP-EC  Development  Finance  Cooperation 
Committee,  as  set  out  in  Article  83,  which  feed  into  the  annual  regular  Council  of 
Ministers meetings."; 

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(b) 

in paragraph 3, the second subparagraph is replaced by the following: 

"It  may  take  decisions  that  are  binding  on  the  Parties  and  frame  resolutions, 
recommendations  and  opinions,  during  the  annual  regular  meeting,  or  by  written 
procedure.  It  shall  report  annually  to  the  Joint  Parliamentary  Assembly  on  the 
implementation  of  this  Agreement.  It  shall  examine  and  take  into  consideration 
resolutions and recommendations adopted by the Joint Parliamentary Assembly.". 

13. 

Article 17 is amended as follows: 

(a) 

paragraph 2 is amended as follows: 

(i) 

the third and fourth indents are replaced by the following: 

"– 
discuss  issues  pertaining  to  development  and  the  ACP-EU  Partnership, 
including  the  Economic  Partnership  Agreements,  other  trading  arrangements,  the 
European  Development  Fund  and  Country  and  Regional  Strategy  Papers.  To  this 
end, the Commission shall transmit such Strategy Papers for information to the Joint 
Parliamentary Assembly; 

– 
discuss the annual report of the Council of Ministers on the implementation of 
this Agreement, and adopt resolutions and make recommendations to the Council of 
Ministers with a view to achieving the objectives of this Agreement;"; 

(ii) 

the following indent is added: 

advocate  for  institutional  development  and  capacity  building  of  national 

"– 
parliaments in accordance with Article 33(1) of this Agreement."; 

(b) 

paragraph 3 is replaced by the following: 

"3.  The Joint Parliamentary Assembly shall meet twice a year in plenary session, 
alternately in the European Union and in an ACP State. With a view to strengthening 
regional integration and fostering cooperation between national parliaments meetings 
between EU and ACP members of parliament shall be arranged at regional level. 

Such meetings at regional level will be organised in pursuance of the objectives 
laid down in Article 14(2) of this Agreement.". 

14. 

Article 19(2) is replaced by the following: 

"2. 
Cooperation  shall  refer  to  the  conclusions  of  United  Nations  Conferences  and  to  the 
objectives, targets and action programmes agreed at international level and to their follow-up 
as  a  basis  for  development  principles.  Cooperation  shall  also  refer  to  the  international 
development  cooperation  targets  and  shall  pay  particular  attention  to  putting  in  place 
qualitative and quantitative indicators of progress. The Parties will make concerted efforts to 
accelerate progress towards the attainment of the Millennium Development Goals.". 

15. 

Article 20 is amended as follows: 

(a) 

paragraph 1 is amended as follows: 

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(i) 

the introductory wording is replaced by the following: 

that 

The  objectives  of  ACP-EC  development  cooperation  shall  be  pursued  through 
"1. 
integrated  strategies 
incorporate  economic,  social,  cultural,  environmental  and 
institutional elements that must be locally owned. Cooperation shall thus provide a coherent 
enabling  framework  of  support  to  the  ACP's  own  development  strategies,  ensuring 
complementarity and interaction between the various elements, in particular at, and between, 
the  national  and  regional  levels.  In  this  context  and  within  the  framework  of  development 
policies and reforms pursued by the ACP States, ACP-EC  cooperation strategies at national 
and, where appropriate, at regional levels shall aim at:"; 

(ii) 

point (a) is replaced by the following: 

"(a) 
achieving  rapid  and  sustained  job-creating  economic  growth,  developing  the  private 
sector,  increasing  employment,  and  improving  access  to  productive  economic  activities  and 
resources;"; 

(iii) 

the following point is inserted: 

"(aa) 

fostering regional cooperation and integration;"; 

(b) 

paragraph 2 is replaced by the following: 

Systematic  account shall be taken in mainstreaming  into all  areas of cooperation the 
"2. 
following  thematic  or  cross-cutting  themes:  human  rights,  gender  issues,  democracy,  good 
governance,  environmental  sustainability,  climate  change,  communicable  and  non-
communicable diseases and institutional development and capacity building. These areas shall 
also be eligible for Community support.". 

16. 

Article 21 is amended as follows: 

in the introductory part of paragraph 1, the words "private investment" are replaced by 

(a) 
"investment"; 

(b) 

in paragraph 3, point (c), the words "enhancement of" are replaced by "enhancing"; 

(c) 

paragraph 5 is replaced by the following: 

"5. 
Support  for  investment  and  private  sector  development  shall  integrate  actions  and 
initiatives at macro, meso and micro economic levels and promote the search for innovative 
financing  mechanisms,  including  the  blending  and  leveraging  of  private  and  public  sources 
for development funding."; 

(d) 

the following paragraph is added: 

Cooperation  shall  support  investments  in  basic  infrastructure  by  the  public  sector 

"6. 
aimed at private sector development, economic growth and poverty eradication.". 

17. 

In Article 22(1), point (b), the introductory wording is replaced by the following: 

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"(b) 
structural policies designed to reinforce the role of the different actors, especially the 
private sector, and improve the environment for enhanced domestic resource mobilisation and 
increases in business, investment and employment, as well as:". 

18. 

Article 23 is replaced by the following: 

"Article 23 

Economic sector development 

Cooperation  shall  support  sustainable  policy  and  institutional  reforms  and  the  investments 
necessary for equitable access to economic activities and productive resources, particularly: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

the  development  of  training  systems  that  help  increase  productivity  in  both  the 
formal and the informal sectors; 

capital, credit, land, especially as regards property rights and use; 

development  of  rural  strategies  aimed  at  establishing  a  framework  for  participatory 
decentralised planning, resource allocation and management; 

the development of strategies with a  view to enhancing agricultural production and 
productivity  in  ACP  States  by  providing,  in  particular,  the  necessary  financing  for 
agricultural research, agricultural inputs and services, supportive rural infrastructure, 
and  risk  reduction  and  management.  Support  shall  include  public  and  private 
investments  in  agriculture,  encouragement  to  develop  agricultural  policies  and 
strategies,  strengthening of  farmer  and private sector  organisations, management of 
natural  resources,  and  development  and  functioning  of  agricultural  markets.  The 
agricultural production strategies shall reinforce national and regional food-security 
policies  and  regional  integration.  In  this  context,  cooperation  shall  support  ACP 
efforts to enhance the competitiveness of their commodity exports and to adapt their 
commodity export strategies in the light of evolving trade conditions; 

sustainable  development  of  water  resources,  based  on  integrated  water  resources 
management  principles,  ensuring  equitable  and  sustainable  distribution  of  shared 
water resources between their different uses; 

sustainable  development  of  aquaculture  and  fisheries  which  include  both  inland 
fisheries  and  marine  resources  within  the  economic  exclusive  zones  of  the  ACP 
States; 

economic  and 
transport, 
telecommunication  systems,  communication  services  and  the  development  of 
information society; 

infrastructure  and  services, 

technological 

including 

development of competitive industrial, mining and energy sectors, while encouraging 
private sector involvement and development; 

trade development, including the promotion of fair trade; 

development of business, finance and banking; and other service sectors; 

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(k) 

(l) 

(m) 

(n) 

(o) 

tourism development;  

development  of  scientific,  technological  and  research  infrastructure  and  services; 
including the enhancement, transfer and absorption of new technologies; 

the  strengthening  of  capacities  in  productive  areas,  especially  in  public  and 
private sectors; 

the promotion of traditional knowledge; and 

development  and  implementation  of  specific  adaptation  strategies  addressing  the 
impact  of  preference  erosion,  possibly  including  activities  mentioned  in  points  (a) 
to (n) above.". 

19. 

The following Article is inserted: 

"Article 23a 

Fisheries 

Recognising the  key role that fisheries  and  aquaculture play in ACP countries through their 
positive  contribution  to  employment  creation,  revenue  generation,  food  security,  and 
livelihoods  of  rural  and  coastal  communities,  and  hence  to  poverty  reduction,  cooperation 
shall aim at further developing the aquaculture and fisheries sectors of ACP countries in order 
to increase the associated social and economic benefits in a sustainable manner. 

Cooperation  programmes  and  activities  shall  support,  inter  alia,  the  development  and 
implementation  of  sustainable  aquaculture  and  fisheries  development  strategies  and 
management  plans  in  ACP  countries  and  regions;  the  mainstreaming  of  aquaculture  and 
fisheries  into  national  and  regional  development  strategies;  the  development  of  the 
infrastructure and technical know-how necessary to enable ACP countries to yield maximum 
sustainable value from their fisheries and aquaculture; capacity building of ACP countries to 
overcome  external  challenges  that  hinder  them  from  taking  full  advantage  of  their  fisheries 
resources; and the promotion and development of joint ventures for investment in the fisheries 
and  aquaculture  sectors  of  ACP  countries.  Any  fishery  agreement  that  may  be  negotiated 
between the Community and the ACP States shall give due consideration to consistency with 
the development strategies in this area. 

High-level  consultations,  including  at  ministerial  level,  may  be  held  upon  joint  agreement 
with a view to developing, improving and/or strengthening ACP-EU development cooperation 
in sustainable aquaculture and fisheries.".  

20. 

In Article 25(1), points (a) and (b) are replaced by the following: 

"(a) 
improving education and training at all levels, working towards recognition of tertiary 
education qualifications, establishment of quality assurance systems for education, including 
education  and  training  delivered  on-line  or  through  other  non-conventional  means,  and 
building technical capacity and skills; 

(b) 
improving health systems, in particular equitable access to comprehensive and quality 
health care services, and nutrition, eliminating hunger and malnutrition and ensuring adequate 
food supply and security, including through supporting safety nets;". 

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21. 

(a) 

Article 27 is amended as follows: 

the title is replaced by the following: 

"Culture and development"; 

(b) 

point (c) is replaced by the following: 

recognising,  preserving  and  promoting  the  value  of  cultural  heritage;  supporting  the 

"(c) 
development of capacity in this sector;"; 

(c) 

the following points are added: 

recognising and supporting the role of cultural actors and cultural networks, and their 

"(e) 
contribution to sustainable development; and 

promoting  the  cultural  dimension  in  education  and  the  participation  of  youth  in 

(f) 
cultural activities.". 

22. 

Articles 28, 29 and 30 are replaced by the following: 

"Article 28 

General approach  

1. 

2. 

ACP-EU cooperation shall provide effective assistance to achieve the objectives and 
priorities  which  the  ACP  States  have  set  themselves  in  the  context  of  regional 
cooperation and integration. 

In  conformity  with  the  general  objectives  set  out  in  Articles  1  and  20,  ACP-EU 
cooperation shall aim to: 

(a)  promote peace and stability, as well as conflict prevention and resolution;  

(b) 

enhance economic development and economic cooperation through the build-
up  of  larger  markets,  the  free  movement  of  persons,  goods,  services,  capital, 
labour and technology among ACP countries, the accelerated diversification of 
the economies of the ACP States, the promotion and expansion of trade among 
ACP countries and with third countries and the gradual integration of the ACP 
States into the world economy;  

(c)  promote  the  management  of  sustainable  development  challenges  with  a 
transnational dimension through, inter alia, coordination and harmonisation of 
regional cooperation policies. 

3. 

Under  the  conditions  set  out  in  Article  58,  cooperation  shall  also  support  inter-
regional and intra-ACP cooperation such as that involving:  

(a) 

one or several ACP regional organisations, including at continental level;  

(b)  European Overseas Countries and Territories (OCTs) and outermost regions;  

(c) 

non-ACP developing countries. 

EN 

26 

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Article 29 

ACP-EU cooperation in support of regional cooperation and integration 

1. 

In the area of stability, peace and conflict prevention, cooperation shall support: 

(a) 

(b) 

the  promotion  and  development  of  a  regional  political  dialogue  in  areas  of 
conflict  prevention  and  resolution;  human  rights  and  democratisation; 
exchange, networking, and promotion of mobility between the different actors 
of development, in particular in civil society; 

the  promotion  of  regional  initiatives  and  policies  on  security-related  issues, 
including  arms  control,  action  against  drugs,  organised  crimes,  money 
laundering, bribery and corruption. 

2. 

In the area of regional economic integration, cooperation shall support:  

(a) 

the  participation  of  Least  Developed  Countries  (LDC)  ACP  States  in  the 
establishment of regional markets and sharing the benefits there from; 

(b) 

the implementation of sectoral economic reform policies at regional level;  

(c) 

the liberalisation of trade and payments;  

(d) 

(e) 

(f) 

the  promotion  of  cross-border  investments  both  foreign  and  domestic,  and 
other regional economic integration initiatives; 

the mitigation of the effects of net transitional costs of regional integration on 
budget revenue and balance of payments; and  

infrastructure,  particularly  transport  and  communications  and  safety  thereof, 
and services, including the development of regional opportunities in the area of 
Information and Communication Technologies (ICT). 

3. 

In  the  area  of  regional  policies  for  sustainable  development,  cooperation  shall 
support the priorities of ACP regions and, in particular: 

(a) 

the  environment  and  the  sustainable  management  of  natural  resources, 
including water and energy, and addressing climate change; 

(b) 

food security and agriculture;  

(c)  health, education and training;  

(d) 

research and technological development; and 

(e) 

regional  initiatives  for  disaster  preparedness  and  mitigation  as  well  as 
post-disaster reconstruction. 

Article 30 

Capacity building in support of ACP regional cooperation and integration 

EN 

27 

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With  a  view  to  realising  the  effectiveness  and  efficiency  of  regional  policies,  cooperation 
shall develop and strengthen the capacities of:  

(a) 

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

(b)  national governments and parliaments in matters of regional integration; and 

(c)  non-State actors, including the private sector.". 

23. 

The following Article is inserted: 

"Article 31a 

HIV/AIDS 

Cooperation  shall  support  the  efforts  of  ACP  States  to  develop  and  strengthen  across  all 
sectors policies and programmes aimed at addressing the HIV/AIDS pandemic and preventing 
it  from  hampering  development.  It  shall  support  ACP  States  in  scaling  up  towards  and 
sustaining universal access to HIV/AIDS prevention, treatment, care and support and shall in 
particular aim at: 

(a) 

(b) 

(c) 

(d) 

supporting  the  development  and  implementation  of  comprehensive  multi-
sectoral  strategies  and  plans  for  HIV/AIDS  as  a  priority  in  national  and 
regional development plans; 

involving,  in  national  responses  to  HIV/AIDS,  all  appropriate  development 
sectors and ensuring a broad mobilisation of stakeholders at all levels; 

strengthening  national  health  systems  and  addressing  shortages  in  human 
resources  for  health  as  the  basis  for  ensuring  universal  access  to,  and  the 
effective  integration  of,  HIV/AIDS  prevention,  treatment  and  care  and  other 
health services; 

addressing  gender  inequality,  gender-based  violence  and  abuse,  as  drivers  of 
the  HIV/AIDS  pandemic  and  intensifying  efforts  to  safeguard  women's  and 
girls'  rights,  develop  effective  gender  sensitive  HIV/AIDS  programmes  and 
services  for  women  and  girls,  including  those  related  to  sexual  and 
reproductive health and rights, and to support the full involvement of women in 
planning  and  decision  making 
to  HIV/AIDS  strategies  and 
related 
programmes; 

(e)  developing  supportive  legal  and  policy  frameworks  and  removing  punitive 
laws,  policies,  practices,  stigma  and  discrimination  that  undermine  human 
rights,  increase  vulnerability  to  HIV/AIDS  and  inhibit  access  to  effective 
HIV/AIDS  prevention,  treatment,  care  and  support,  including  medicines, 
commodities  and  services  for  people  living  with  HIV/AIDS  and  for  the 
populations most at risk; 

EN 

28 

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(f) 

(g) 

scaling  up  access  to  evidence-based,  comprehensive  HIV/AIDS  prevention, 
which  address  the  local  drivers  of  the  epidemic  and  the  specific  needs  of 
women, young people and the populations most at risk; and 

ensuring  universal  and  reliable  access  to  safe,  high-quality  and  affordable 
medicines,  and  to  health  commodities,  including  sexual  and  reproductive 
health commodities.". 

24. 

The following Article is inserted: 

"Article 32a 

Climate change 

The Parties acknowledge that climate change is a serious global environmental challenge and 
a  threat  to  the  achievement  of  the  Millennium  Development  Goals  requiring  adequate, 
predictable  and  timely  financial  support.  For  these  reasons,  and  in  accordance  with  the 
provisions  of  Article  32,  and  particularly  of  point  (a)  of  paragraph  2 
thereof, 
cooperation shall:  

(a) 

recognise the vulnerability of ACP States and in particular of small islands and 
low-lying  ACP  States  to  climate-related  phenomena  such  as  coastal  erosion, 
cyclones,  flooding  and  environmentally  induced  displacements,  and  in 
particular  of  least  developed and landlocked  ACP  States to increasing floods, 
drought, deforestation and desertification; 

(b) 

strengthen  and  support  policies  and  programmes  to  mitigate  and  adapt  to  the 
consequences  of,  and  threat  posed  by,  climate  change  including  through 
institutional development and capacity building; 

(c) 

enhance  the  capacity  of  ACP  States  in  the  development  of,  and  the 
participation in, the global carbon market; and 

(d) 

focus on the following activities: 

integrating  climate  change  into  development  strategies  and  poverty 

(i) 
reduction efforts; 

raising  the  political  profile  of  climate  change  in  development 

(ii) 
cooperation, including through appropriate policy dialogue; 

(iii) 
assisting ACP states to adapt to climate change in relevant sectors such 
as agriculture, water management and infrastructure, including through transfer 
and adoption of relevant and environmentally sound technologies; 

promoting  disaster  risk  reduction,  reflecting 

(iv) 
proportion of disasters are related to climate change; 

that  an 

increasing 

(v) 
providing financial and technical support for mitigation action of ACP 
states  in  line  with  their  poverty  reduction  and  sustainable  development 
objectives,  including  reducing  emissions  from  deforestation  and  forest 
degradation and reducing emissions in the agricultural sector;  

EN 

29 

   EN 

 
improving  weather  and  climate  information  and  forecasting  and  early 

(vi) 
warning systems; and 

promoting renewable energy sources, and low-carbon technologies that 

(vii) 
enhance sustainable development.". 

25. 

In Article 33(3), point (c) is replaced by the following: 

improvement and strengthening of public finance and fiscal management with a view 
"(c) 
to developing economic activities in ACP countries and increasing their tax revenues, whilst 
fully respecting the sovereignty of the ACP States in this area. 

Measures may include: 

(i) 

(ii) 

(iii) 

enhancing  capacities  for  domestic  revenue  management,  including  the  building  of 
effective, efficient and sustainable tax systems;  

promoting the participation in international tax cooperation structures and processes 
with a view to facilitating the further development of and effective compliance with 
international standards; 

supporting  implementation  of  international  best  practices  in  tax  matters,  including 
the  principle  of  transparency  and  exchange  of  information,  in  those  ACP  countries 
that have committed to them;". 

26. 

Article 34(2) to (4) are replaced by the following: 

The ultimate objective of economic and trade cooperation is to enable the ACP States 
"2. 
to play a full part in international trade. In this context, particular regard shall be had to the 
need  for  the  ACP  States  to  participate  actively  in  multilateral  trade  negotiations.  Given  the 
current level of development of the ACP countries, economic and trade cooperation shall be 
directed  at  enabling  the  ACP  States  to  manage  the  challenges  of  globalisation  and  to  adapt 
progressively  to  new  conditions  of  international  trade  thereby  facilitating  their  transition  to 
the  liberalised  global  economy.  In  this  context,  close  attention  should  be  paid  to  many 
ACP countries'  vulnerability  resulting  from  their  dependency  on  commodities  or  a  few  key 
products, including value-added agro-industry products, and the risk of preference erosion. 

3. 
To this end, economic and trade cooperation shall aim, through national and regional 
development strategies as defined in Title I, at enhancing the production, supply and trading 
capacity of the ACP countries as well as their capacity to attract investment. It shall further 
aim at creating a new trading dynamic between the Parties, at strengthening the ACP countries' 
trade  and  investment  policies,  at  reducing  their  dependency  on  commodities,  at  promoting 
more diversified economies and at improving the ACP countries' capacity to handle all issues 
related to trade. 

4. 
Economic  and  trade  cooperation  shall  be  implemented  in  full  conformity  with  the 
provisions  of  the  World  Trade  Organisation  (WTO),  including  special  and  differential 
treatment,  taking  account  of  the  Parties'  mutual  interests  and  their  respective  levels  of 
development.  It  shall  also  address  the  effects  of  preference  erosion  in  full  conformity  with 
multilateral commitments.". 

27. 

Article 35(1) and (2) are replaced by the following: 

EN 

30 

   EN 

 
"1. 
Economic  and  trade  cooperation  shall  be  based  on  a  true,  strengthened  and  strategic 
partnership.  It  shall  further  be  based  on  a  comprehensive  approach  which  builds  on  the 
strengths and achievements of the previous ACP-EC Conventions. 

Economic and trade cooperation shall build on regional integration initiatives of ACP 
2. 
States. Cooperation in support of regional cooperation and integration as defined in Title I and 
economic  and  trade  cooperation  shall  be  mutually  reinforcing.  Economic  and  trade 
cooperation  shall  address,  in  particular,  supply  and  demand  side  constraints,  notably 
interconnectivity of infrastructure, economic diversification and trade development measures 
as a means of enhancing ACP States' competitiveness. Appropriate weight shall therefore be 
given to the corresponding measures in the ACP States' and regions' development strategies, 
which the Community shall support, in particular through the provision of aid for trade.". 

28. 

Articles 36 and 37 are replaced by the following: 

"Article 36 

Modalities 

1. 
In view of the objectives and principles set out above, the Parties agree to take all the 
necessary measures to ensure the conclusion of new WTO-compatible Economic Partnership 
Agreements,  removing  progressively  barriers  to  trade  between  them  and  enhancing 
cooperation in all areas relevant to trade.  

2. 
The  Economic  Partnership  Agreements,  as  development  instruments,  aim  to  foster 
smooth  and  gradual  integration  of  the  ACP  States  into  the  world  economy,  especially  by 
making full use of the potential of regional integration and South-South trade. 

3. 

The Parties agree that these new trading arrangements shall be introduced gradually. 

Article 37 

Procedures 

1. 
During  the  negotiations  of  the  Economic  Partnership  Agreements,  capacity  building 
shall be provided in accordance with the provisions of Title I and Article 35 to the public and 
private  sectors  of  ACP  countries,  including  measures  to  enhance  competitiveness,  for 
strengthening  of  regional  organisations  and  for  support  to  regional  trade  integration 
initiatives,  where  appropriate  with  assistance  to  budgetary  adjustment  and  fiscal  reform,  as 
well as for infrastructure upgrading and development, and for investment promotion. 

2. 

The Parties will regularly review the progress of negotiations as foreseen in Article 38.  

3. 
Negotiations  of  the  Economic  Partnership  Agreements  will  be  pursued  with 
ACP countries  which  consider  themselves  in  a  position  to  do  so,  at  the  level  they  consider 
appropriate and in accordance with the procedures agreed by the ACP Group and with a view 
to supporting regional integration processes within the ACP. 

4. 
Negotiations  of  the  Economic  Partnership  Agreements  shall  aim  notably  at 
establishing the timetable for the progressive removal of barriers to trade between the Parties, 
in accordance with the relevant WTO rules. On the Community side trade liberalisation shall 
build on the acquis and shall aim at improving current market access for the ACP countries 

EN 

31 

   EN 

 
through, inter alia, a review of the rules of origin. Negotiations shall take account of the level 
of development and the socio-economic impact of trade measures on ACP countries, and their 
capacity  to  adapt  and  adjust  their  economies  to  the  liberalisation  process.  Negotiations  will 
therefore  be  as  flexible  as  possible  in  establishing  the  duration  of  a  sufficient  transitional 
period,  the  final  product  coverage,  taking  into  account  sensitive  sectors,  and  the  degree  of 
asymmetry in terms of timetable for tariff dismantlement, while remaining in conformity with 
WTO rules then prevailing. 

The  Parties  shall  closely  cooperate  and  collaborate  in  the  WTO  with  a  view  to 
5. 
explaining and justifying the arrangements reached, in particular with regard to the degree of 
flexibility available.  

The  Parties  shall  discuss  further  how  to  simplify  and  review  the  rules  of  origin, 

6. 
including cumulation provisions, that apply to their exports.  

Once  ACP  States  have  concluded  an  Economic  Partnership  Agreement,  those 

7. 
ACP States which are not Parties to such Agreement can seek accession at any time. 

8. 
In  the  context  of  ACP-EU  cooperation  in  support  of  ACP  regional  cooperation  and 
integration  as  outlined  in  Title  I,  and  in  accordance  with  Article  35,  the  Parties  shall  pay 
particular attention to the needs arising from the implementation of the Economic Partnership 
Agreements. The principles outlined in Article 1 of Annex IV to this Agreement shall apply. 
To that effect, the Parties agree on the use of existing or new regional financing mechanisms 
through which resources from the multi-annual financial framework of cooperation and other 
additional resources could be channelled.".  

29. 

The following Article is inserted: 

"Article 37a 

Other trading arrangements 

1. 
In the context of the current trade policy trends aiming at greater liberalisation of trade 
the EU and the ACP States may take part in negotiations and implementation of agreements 
leading to further multilateral and bilateral trade liberalisation. Such liberalisation may lead to 
the erosion of the preferences granted to the ACP States and affect their competitive position 
in the EU market, as well as their development efforts, which the EU is concerned to support.  

In  accordance  with  the  objectives  of  economic  and  trade  cooperation,  the  EU  shall 
2. 
endeavour to pursue measures to overcome possible negative impacts of liberalisation, with a 
view to maintaining significant preferential access within the multilateral trading system for 
ACP  States  for  as  long  as  is  feasible  and  to  ensure  that  any unavoidable  reduction  in 
preference is phased in over as long a period as possible.". 

30. 

Article 38(2) is replaced by the following: 

The Ministerial Trade Committee shall discuss any trade-related issue of concern to all 
"2. 
ACP  States  and,  in  particular,  regularly  monitor  the  negotiations  and  implementation  of 
Economic Partnership Agreements. It shall pay special attention to current multilateral trade 
negotiations and shall examine the impact of the wider liberalisation initiatives on ACP-EC 
trade  and  the  development  of  ACP  economies.  It  shall  report  and  make  appropriate 

EN 

32 

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recommendations to the Council of Ministers, including on any supportive measures, with a 
view to enhancing the benefits of the ACP-EC trading arrangements.".  

31. 

The following Article is inserted:  

"Article 38a 

Consultations 

Where  new  measures  or  measures  stipulated  in  programmes  adopted  by  the 
1. 
Community for the approximation of laws and regulations in order to facilitate trade are likely 
to affect the interests of one or more ACP States, the Community shall, prior to adopting such 
measures, inform the Secretariat of the ACP Group and the ACP States concerned. 

2. 
In  order  to  enable  the  Community  to  take  into  consideration  the  interests  of  the 
ACP Group,  consultations  shall  be  held  at  the  request  of  the  latter  in  accordance  with  the 
provisions of Article 12 of this Agreement, with a view to reaching a satisfactory solution. 

3. 
Where  existing  Community  rules  or  regulations  adopted  in  order  to  facilitate  trade 
affect  the  interests  of  one  or  more  ACP  States  or  where  these  interests  are  affected  by  the 
interpretation, application or administration of such rules or regulations, consultations shall be 
held  at  the  request  of  the  ACP  States  concerned  in  accordance  with  the  provisions  of 
Article 12 with a view to reaching a satisfactory solution. 

4. 
With a view to finding a satisfactory solution, the Parties may also bring up within the 
Joint  Ministerial  Trade  Committee  any  other  problems  relating  to  trade  which  might  result 
from measures taken or envisaged by the Member States. 

The  Parties  shall  inform  each  other  of  such  measures  in  order  to  ensure 

5. 
effective consultations. 

The  Parties  agree  that  holding  consultations  within,  and  providing  information 
6. 
through, the institutions of an Economic Partnership Agreement on matters within the scope 
of such agreements shall be deemed to also satisfy the provisions of this Article and of Article 
12 of this Agreement, provided that the ACP States likely to be affected are all signatories to 
the Economic Partnership Agreement within which the consultations were held or information 
was provided.". 

32. 

Article 41(5) is replaced by the following: 

"5. 
The Community shall support, through national and regional development strategies as 
defined in Title I and in conformity with Article 35, the ACP States' efforts to strengthen their 
capacity  in  the  supply  of  services.  Particular  attention  shall  be  paid  to  services  related  to 
labour,  business,  distribution,  finance,  tourism,  culture  and  construction  and  related 
engineering  services  with  a  view  to  enhancing  their  competitiveness  and  thereby  increasing 
the value and the volume of their trade in goods and services.". 

33. 

Article 42(4) is replaced by the following: 

"4. 
The Community shall support, through national and regional development strategies as 
defined in Title I  and in  conformity  with Article 35, the  ACP States'  efforts  to develop  and 

EN 

33 

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promote cost-effective and efficient maritime transport services in the ACP States with a view 
to increasing the participation of ACP operators in international shipping services.". 

34. 

Article 43(5) is replaced by the following:  

The Parties also agree to step up cooperation between them in the area of information 
"5. 
and  communication  technologies,  and  the  Information  Society.  This  cooperation  shall, 
through national and regional development strategies as defined in Title I and in conformity 
with Article 35, in particular be directed towards greater complementarity and harmonisation 
of communication systems, at national, regional and international level and their adaptation to 
new technologies.". 

35. 

Article 44(2) is replaced by the following: 

"2. 
The  Community  shall  support  the  ACP  States'  efforts,  through  national  and  regional 
development strategies as defined in Title I and in conformity with Article 35, to strengthen 
their capacity to handle all areas related to trade, including, where necessary, improving and 
supporting the institutional framework.". 

36. 

Article 45(3) is replaced by the following: 

"3. 
The Parties also agree to reinforce cooperation in this area with a view to formulating 
and  supporting  effective  competition  policies  with  the  appropriate  national  competition 
agencies that progressively ensure the efficient enforcement of the competition rules by both 
private and state enterprises. Cooperation in this area shall, in particular, through national and 
regional  development  strategies  as  defined  in  Title  I  and  in  conformity  with  Article 35, 
include  assistance  in  the  drafting  of  an  appropriate  legal  framework  and  its  administrative 
the  Least 
to 
enforcement  with  particular 
Developed Countries.". 

situation  of 

reference 

special 

the 

37. 

Article 46(6) is replaced by the following:  

"6. 
The Parties further agree to strengthen their cooperation in this field. Upon request, on 
mutually  agreed  terms  and  conditions,  and  through  national  and  regional  development 
strategies as defined in Title I and in conformity with Article 35, cooperation shall, inter alia, 
extend to the following areas: the preparation of laws and regulations for the protection and 
enforcement  of  intellectual  property  rights,  the  prevention  of  the  abuse  of  such  rights  by 
rightholders  and  the  infringement  of  such  rights  by  competitors,  the  establishment  and 
reinforcement  of  domestic  and  regional  offices  and  other  agencies  including  support  for 
regional intellectual property organisations involved in enforcement and protection, including 
the training of personnel.". 

38. 

In Article 47(2), the introductory wording is replaced by the following: 

"2. 
Cooperation  in  standardisation  and  certification,  through  national  and  regional 
development  strategies  as  defined  in  Title  I  and  in  conformity  with  Article  35,  shall  aim  at 
promoting compatible systems between the Parties and in particular include:". 

39. 

Article 48(3) is replaced by the following: 

"3. 
The  Parties  agree  to  strengthen  their  cooperation,  through  national  and  regional 
development strategies as defined in Title I and in conformity with Article 35, with a view to 

EN 

34 

   EN 

 
reinforcing  the  capacity  of  the  public  and  the  private  sector  of  the  ACP  countries  in 
this field.". 

40. 

Article 49 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

"1. 
The Parties reaffirm their commitment to promoting the development of international 
trade  in  such  a  way  as  to  ensure  sustainable  and  sound  management  of  the  environment,  in 
accordance  with  the  international  conventions  and  undertakings  in  this  area  and  with  due 
regard  to  their  respective  level  of  development.  They  agree  that  the  special  needs  and 
requirements of ACP States should be taken into account in the design and implementation of 
environmental measures, including in relation to the provisions of Article 32a."; 

(b) 

the following paragraph is added: 

The  Parties  agree 

"3. 
protectionist purposes.". 

that environmental  measures  should  not  be  used 

for 

41. 

Article 50(3) is replaced by the following: 

"3. 

The Parties agree that labour standards should not be used for protectionist purposes.". 

42. 

Article 51(2) is replaced by the following: 

"2. 
Cooperation  shall,  in  particular,  aim,  through  national  and  regional  development 
strategies as defined in Title I and in conformity with Article 35, at improving the institutional 
and technical capacity in this area, establishing rapid-alert systems of mutual information on 
dangerous  products,  exchanging  information  and  experiences  on  the  establishment  and 
operation of post market surveillance of products and product safety, improving information 
provided to consumers on prices, characteristics of products and services offered, encouraging 
the  development  of  independent  consumer  associations  and  contacts  between  consumer 
interest representatives, improving compatibility of consumer policies and systems, notifying 
enforcement  of  the  legislation  and  promoting  cooperation  in  investigating  harmful  or  unfair 
business practices and implementing exports prohibitions in the trade between the Parties of 
goods  and  services  the  marketing  of  which  has  been  prohibited  in  their  country 
of production.". 

43. 

Article 56(1), is replaced by the following: 

"1. 
Development  finance  cooperation  shall  be  implemented  on  the  basis  of  and  be 
consistent  with  the  development  objectives,  strategies  and  priorities  established  by  the 
ACP States, at national, regional and intra-ACP levels. Their respective geographical, social 
and  cultural  characteristics,  as  well  as  their  specific  potential,  shall  be  taken  into  account. 
Guided by the internationally agreed aid effectiveness agenda, cooperation shall be based on 
ownership,  alignment,  donor  coordination  and  harmonisation,  managing  for  development 
results and mutual accountability. In particular, cooperation shall: 

(a) 

(b) 

EN 

promote local ownership at all levels of the development process; 

reflect a partnership based on mutual rights and obligations; 

35 

   EN 

 
(c) 

(d) 

(e) 

44. 

emphasise the importance of predictability and security in resource flows, granted on 
highly concessional terms and on a continuous basis; 

be flexible and appropriate to the situation in each ACP State as well as adapted to 
the specific nature of the project or programme concerned; and 

ensure efficiency, coordination and consistency.". 

Article 58 is amended as follows: 

(a) 

in paragraph 1, point (b) is replaced by the following: 

"(b)  regional  or  inter-State  bodies  to  which  one  or  more  ACP  States  belong, 
including the African Union or other bodies with non-ACP State members, which are 
authorised by those ACP States; and"; 

(b) 

paragraph 2 is amended as follows: 

(i) 

point (d) is replaced by the following: 

"(d)  ACP or Community financial intermediaries providing, promoting and 
financing private or public investments in ACP States;"; 

(ii)  point (f) is replaced by the following: 

"(f) 
developing  countries  that  are  not  part  of  the  ACP  Group  where  they 
participate  in  a  joint  initiative  or  regional  organisation  with  ACP  States  in 
conformity with Article 6 of Annex IV to this Agreement.". 

45. 

Article 60 is amended as follows:  

(a) 

point (c) is replaced by the following: 

"(c)  mitigation  of  adverse  short-term  effects  of  exogenous  shocks,  including 
instability in export earnings on socio-economic reforms and policies;"; 

(b) 

point (g) is replaced by the following: 

"(g)  humanitarian  and  emergency  assistance  including  assistance  to  refugees  and 
displaced  persons,  interventions  linking  short-term  relief  and  rehabilitation  with 
long-term development in crisis or post-crisis situations, and disaster preparedness.". 

46. 

Article 61 is amended as follows: 

(a) 

paragraph 2 is replaced by the following: 

"2.  Direct  budgetary  assistance  in  support  of  macroeconomic  or  sectoral  reforms 
shall be granted where: 

well-defined poverty-focused national or sector development strategies 

(a) 
are in place or under implementation;  

EN 

36 

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(b) 
well-defined  stability-oriented  macroeconomic  policy  established  by 
the country itself and positively assessed by its main donors, including where 
relevant 
in  place  or  under 
the 
implementation; and  

international  financial 

institutions, 

is 

public  financial  management  is  sufficiently  transparent,  accountable 

(c) 
and effective.  

The  Community  shall  align  on  the  systems  and  procedures  specific  to  each 
ACP country, monitor its budget support with the partner country and support 
efforts  of  partner  countries 
strengthen  domestic  accountability, 
parliamentary oversight, audit capacities and public access to information."; 

to 

(b) 

paragraph 5 is replaced by the following: 

"5. 
In  the  framework  of  the  Agreement,  the  funds  earmarked  under  the  multi-
annual financial framework of cooperation under this Agreement, own resources of 
the  European  Investment  Bank  (hereinafter  referred  to  as  the  Bank)  and  where 
appropriate other resources drawn from the European Community's budget, shall be 
used to finance projects, programmes and other forms of operations contributing to 
the achievement of the objectives of this Agreement.". 

47. 

Article 66(1) is replaced by the following: 

"1. 
In order to attenuate the debt burden of the ACP States and their balance-of-payment 
problems, the Parties agree to use the resources provided for under the multi-annual financial 
framework  of  cooperation  under  this  Agreement  to  contribute  to  debt  relief  initiatives 
approved at international level for the benefit of ACP countries. The Community furthermore 
commits  itself  to  examine  how  in  the  longer  term  other  Community  resources  can  be 
mobilised in support of internationally agreed debt relief initiatives.". 

48. 

Article 67(1) is replaced by the following: 

"1. 
The  multi-annual  financial  framework  of  cooperation  under  this  Agreement  shall 
provide support for macroeconomic and sectoral reforms implemented by the ACP States. In 
this  framework,  the  Parties  shall  ensure  that  adjustment  is  economically  viable  and  socially 
and politically bearable. Support shall be given in the context of a joint assessment between 
the  Community  and  the  ACP  State  concerned  on  the  reform  measures  being  undertaken  or 
contemplated either at macroeconomic or sectoral level, and permit an overall evaluation of 
the  reform  efforts.  To  the  extent  possible  the  joint  assessment  shall  be  aligned  on  country 
specific  arrangements  and  the  support  monitored  on  the  basis  of  results  achieved.  Quick 
disbursement shall be an important feature of support programmes.".  

49. 

The title of Chapter 3 of Title II of Part 4, is replaced by the following: 

"CHAPTER 3 

Support in case of exogenous shocks". 

50. 

Article 68 is replaced by the following: 

"Article 68 

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37 

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1. 
The Parties recognise that macroeconomic instability resulting from exogenous shocks 
may adversely affect the development of the ACP States and jeopardise the attainment of their 
development requirements. A system of additional support in order to mitigate the short-term 
adverse effects resulting from exogenous shocks, including the effects on export earnings, is 
therefore  set  up  within  the  multi-annual  financial  framework  of  cooperation  under 
this Agreement. 

2. 
The purpose of this support is to safeguard socio-economic reforms and policies that 
could  be  affected  negatively  as  a  result  of  a  drop  in  revenue  and  to  remedy  the  short-term 
adverse effects of such shocks. 

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

The additional resources shall be provided in accordance with the specific modalities 

4. 
of the support mechanism as set out in Annex II on Terms and Conditions of Financing. 

The  Community  shall  also  provide  support  for  market-based  insurance  schemes 
5. 
designed  for  ACP  States  seeking  to  protect  themselves  against  short-term  effects  of 
exogenous shocks.". 

51. 

The title of Chapter 6 of Title II of Part 4 is replaced by the following:  

"CHAPTER 6 

Humanitarian, emergency and post-emergency assistance". 

52. 

Article 72 is replaced by the following: 

"Article 72 

General principle 

Humanitarian,  emergency  and  post-emergency  assistance  shall  be  provided  in 
1. 
situations of crisis. Humanitarian and emergency assistance shall aim to save and preserve life 
and  to  prevent  and  relieve  human  suffering  wherever  the  needs  arise.  Post-emergency 
assistance  shall  aim  at  rehabilitation  and  linking  the  short-term  relief  with  longer  term 
development programmes.  

2. 
Situations of crisis, including long-term structural instability or fragility are situations 
posing  a  threat  to  law  and  order  or  to  the  security  and  safety  of  individuals,  threatening  to 
escalate into armed conflict or to destabilise the country. Situations of crisis may also result 
from  natural  disasters,  man-made  crises  such  as  wars  and  other  conflicts  or  extraordinary 
circumstances having comparable effects related, inter alia, to climate change, environmental 
degradation, access to energy and natural resources, or extreme poverty.  

3. 
The humanitarian, emergency and post-emergency assistance shall be maintained for 
as  long  as  necessary  to  deal  with  the  needs  resulting  from  these  situations  for  the  victims, 
thereby linking relief, rehabilitation and development.  

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38 

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4. 
The  humanitarian  assistance  shall  be  granted  exclusively  according  to  the  needs  and 
interests  of  the  victims  of  the  crisis  situation  and  in  line  with  the  principles  of  international 
humanitarian law and with respect to humanity, neutrality, impartiality and independence. In 
particular, there shall be no discrimination between victims on grounds of race, ethnic origin, 
religion,  gender,  age,  nationality  or  political  affiliation  and  free  access  to  and  protection  of 
victims shall be guaranteed as well as the security of humanitarian personnel and equipment.  

5. 
The humanitarian, emergency and post-emergency assistance shall be financed under 
the  multi-annual  financial  framework  of  cooperation  under  this  Agreement,  where  such 
assistance  cannot  be  financed  from  the  Union's  Budget.  Humanitarian,  emergency  and 
post-emergency  assistance  shall  be  implemented  in  complementarity  and  coordination  with 
the Member States' efforts and in accordance with best practice in aid effectiveness.". 

53. 

The following Article is inserted: 

"Article 72a 

Objective 

1. 

Humanitarian and emergency assistance shall aim to: 

(a) 

safeguard human lives in crises and immediate post-crisis situations; 

(b) 

(c) 

(d) 

contribute  to  the  financing  and  delivery  of  humanitarian  aid  and  to  the  direct 
access to it of its intended beneficiaries by all logistical means available; 

carry  out  short-term  rehabilitation  and  reconstruction  to  enable  the  victims  to 
benefit  from  a  minimum  of  socio-economic  integration  and,  as  soon  as 
possible, create the conditions for a resumption of development on the basis of 
long-term objectives set by the ACP countries and regions concerned; 

address the needs arising from the displacement of people (refugees, displaced 
persons and returnees) following natural or man-made disasters so as to meet, 
for  as  long  as  necessary,  all  the  needs  of  refugees  and  displaced  persons 
(wherever they may be) and facilitate action for their voluntary repatriation and 
re-integration in their country of origin; and  

(e) 

assist the ACP State or region in setting up short term disaster prevention and 
preparedness  mechanisms,  including  for  prediction  and  early  warning,  with  a 
view to reducing the consequences of disasters.  

Assistance may be granted to ACP States or regions taking in refugees or returnees to 

2. 
meet acute needs not covered by emergency assistance.  

3. 
Post-emergency action shall aim at physical and social rehabilitation consequent to the 
results  of  the  crisis  concerned  and  may  be  undertaken  to  link  the  short-term  relief  and 
rehabilitation  with  the  relevant  longer  term  development  programmes  funded  from  the 
national, regional indicative programmes or the intra-ACP programme. Such actions must be 
necessary for the transition from the emergency phase to the development phase, promoting 
the  socio-economic  reintegration  of  the  parts  of  the  population  affected,  removing  as  far  as 
possible the causes of the crisis and strengthening institutions and the ownership by local and 

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39 

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national  actors  of  their  role  in  formulating  a  sustainable  development  policy  for  the 
ACP country concerned.  

4. 
Where  appropriate,  short-term  disaster  prevention  and  preparedness  mechanisms  as 
referred  to  in  paragraph  1(e)  will  be  coordinated  with  other  disaster  prevention  and 
preparedness mechanisms in place.  

The development and strengthening of national, regional and all-ACP disaster risk reduction 
and management mechanisms shall assist ACP States to build their resilience to the impact of 
disasters. All related activities may be pursued in cooperation with regional and international 
organisations and programmes that have a proven track record in disaster risk reduction.". 

54. 

Article 73 is replaced by the following: 

"Article 73 

Implementation 

1. 
Assistance operations shall be undertaken either at the request of the ACP country or 
region affected by the crisis situation, or at the initiative of the Commission, or on the advice 
of international organisations or local or international non-State organisations.  

2. 
The Community shall take adequate steps to facilitate speedy action, which is required 
to  meet  the  immediate  needs  for  which  the  assistance  is  needed.  The  assistance  shall  be 
administered and implemented under procedures permitting operations that are rapid, flexible 
and effective.  

Underlining the developmental nature of the assistance granted in accordance with this 
3. 
Chapter, assistance may be used exceptionally together with the indicative programme at the 
request of the State or region concerned.".  

55. 

In Article 76(1), point (d) is replaced by the following: 

"(d) 
loans  from  the  Bank's  own  resources  and  the  Investment  Facility,  the  terms  and 
conditions of which are set out in Annex II to this Agreement. Such loans may also be used to 
finance public investment in basic infrastructure.". 

56. 

In Article 95(3), the first subparagraph is replaced by the following: 

The Community and the Member States, on the one hand, and the ACP States, on the 
"3. 
other, shall notify the other Party not later than 12 months before the expiry of each five-year 
period  of  any  review  of  the  provisions  they  desire  to  make  with  a  view  to  a  possible 
amendment  of  the  Agreement.  Notwithstanding  this  time  limit,  if  one  Party  requests  the 
review of any provisions of the Agreement, the other Party shall have a period of two months 
in which to request the extension of the review to other provisions related to those which were 
the subject of the initial request.". 

57. 

In Article 100, the second paragraph is replaced by the following: 

"This  Agreement,  drawn  up  in  duplicate  in  the  Bulgarian,  Czech,  Danish,  Dutch,  English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, 
Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  all  texts 

EN 

40 

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being  equally  authentic,  shall  be  deposited  in  the  archives  of  the  General  Secretariat  of  the 
Council  of  the  European  Union  and  the  Secretariat  of  the  ACP  States,  which  shall  both 
transmit a certified copy to the government of each of the Signatory States.". 

C. 

ANNEXES  

1.  Annex  II,  as  amended  by  Decision  No  1/2009  of  the  ACP-EC  Council  of  Ministers 

of 29 May 20092, shall be amended as follows: 

(a) 

Article 1 is replaced by the following: 

"Article 1 

1. 
The terms and conditions of financing in relation to the operations of the Investment 
Facility (Facility), the loans from own resources of the European Investment Bank (Bank) and 
special operations shall be as laid down in this Chapter. These resources may be channeled to 
eligible  enterprises,  either  directly  or  indirectly,  through  eligible  investment  funds  and/or 
financial intermediaries. 

2. 
Funds  for  interest  rate  subsidies,  as  provided  for  under  this  Annex,  will  be  made 
available  from  the  interest  subsidy  allocation  specified  in  Annex  Ib,  paragraph  2(c),  to 
this Agreement. 

Interest subsidies may be capitalised or may be used in the form of grants. The amount 
3. 
of the interest rate subsidy, calculated in terms of its value at the times of disbursement of the 
loan,  shall  be  charged  against  the  interest  subsidy  allocation  specified  in  Annex  Ib, 
paragraph 2(c), and paid directly to the Bank. Up to 10 % of this allocation for interest rate 
subsidies may also be used to support project related technical assistance in ACP countries. 

4. 
These terms and conditions are without prejudice to terms and conditions that may be 
imposed  upon  ACP  countries  subject  to  restrictive  borrowing  conditions  under  the  Heavily 
Indebted  Poor  Countries  ("HIPC")  or  other  internationally  agreed  debt  sustainability 
frameworks. Accordingly, where such frameworks require a reduction in the interest rate of a 
loan by more than 3 %, as permitted under Articles 2  and 4 of this Chapter, the Bank shall 
seek to reduce the average cost of funds through appropriate co-financing with other donors. 
Should this not be deemed possible, the interest rate of the Bank loan may be reduced by such 
amount  as  required  to  comply  with  the  level  arising  from  the  HIPC  initiative  or  any 
internationally agreed debt sustainability framework."; 

(b) 

"7. 

Article 2(7) and (8) are replaced by the following: 

Ordinary loans in countries not subject to restrictive borrowing conditions under the 
HIPC  or  other  internationally  agreed  debt  sustainability  frameworks  may  be 
extended on concessional terms and conditions in the following cases: 

(a) 

for infrastructure projects, that are a prerequisite for private sector development 
in the Least Developed Countries, in post-conflict countries and in post-natural 
disaster countries. In such cases, the interest rate of the loan will be reduced by 
up to 3 %; 

2 

OJ EU L 168, 30.6.2009, p. 48 

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41 

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(b) 

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

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

8. 

The  funds  to  be  provided  for  these  concessional  purposes  will  be  made  available 
from  the  interest  subsidy  allocation  referred  to  in  Annex  Ib,  paragraph  2(c),  to 
this Agreement."; 

(c) 

Article 4(2) is replaced by the following: 

Loans from the Bank's own resources shall be granted under the following terms and 

"2. 
conditions: 

(a) 

(b) 

the reference rate of interest shall be the rate applied by the Bank for a loan with the 
same conditions as to currency and the repayment period on the day of signature of 
the contract or on the date of disbursement; 

however,  for  countries  which  are  not  subject  to  restrictive  borrowing  conditions 
under the HIPC or other internationally agreed debt sustainability frameworks: 

in principle, public sector projects shall be eligible for an interest rate subsidy 

(i) 
of up to 3 %; 

(ii)  private  sector  projects  falling  into  the  categories  specified  in  Article 2(7)(b) 
shall be eligible for interest rate subsidies on the terms specified in that provision. 

The final interest rate shall, in any such case, never be less than 50 % of the reference 
rate; 

(c) 

the  repayment  period  of  loans  made  by  the  Bank  from  its  own  resources  shall  be 
determined on the basis of the economic and financial characteristics of the project. 
These  loans  shall  normally  comprise  a  grace  period  fixed  by  reference  to  the 
construction period of the project.". 

2.  Annex III is amended as follows: 

(a) 

in Article 1, points (a) and (b) are replaced by the following: 

"(a) 
strengthen  and  enhance  the  role  of  the  Centre  for  the  Development  of  Enterprise 
(CDE)  so  as  to  provide  the  private  sector  with  the  necessary  support  in  the  promotion  of 
private sector development activities in ACP countries and regions; and  

(b) 
strengthen  and  reinforce  the  role  of  the  Technical  Centre  for  Agricultural  and  Rural 
Cooperation  (CTA)  in  ACP  institutional  capacity  development,  particularly  information 
management,  in  order  to  improve  access  to  technologies  for  increasing  agricultural 
productivity, commercialisation, food security and rural development."; 

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42 

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(b) 

Article 2 is replaced by the following: 

"Article 2  

CDE 

1. 
The CDE shall promote a business environment which is conducive to private sector 
development and support the implementation of private sector development strategies in the 
ACP  countries  by  providing  non-financial  services,  including  consultancy  services,  to  ACP 
companies and businesses and support to joint initiatives set up by economic operators of the 
Community  and  of  the  ACP  States.  In  this  regard,  due  account  shall  be  taken  of  the  needs 
arising from the implementation of the Economic Partnership Agreements. 

The CDE shall aim to assist private ACP enterprises to become more competitive in 

2. 
all sectors of the economy. It shall in particular:  

(a) 

(b) 

facilitate and promote business cooperation and partnerships between ACP and 
EU enterprises;  

assist  with  the  development  of  business  support  services  through  support  for 
capacity building in private sector owned organisations or support for providers 
of  technical,  professional,  management,  commercial  and  training  support 
services;  

(c)  provide  assistance  for  investment  promotion  activities,  such  as  investment 
promotion  organisations,  organisation  of  investment  conferences,  training 
programmes,  strategy  workshops  and  follow-up 
investment  promotion 
missions;  

(d) 

support  initiatives  that  contribute  to  fostering  innovation  and  the  transfer  of 
technologies, 
aspects  of 
best 
business management;  

practices  on 

know-how 

and 

all 

(e) 

inform the ACP private sector about the provisions of this Agreement; and  

(f) 

provide information to European companies and private sector organisations on 
business opportunities and modalities in ACP countries.  

The CDE shall also contribute to the improvement of business environment at national 
3. 
and regional levels so as to support enterprises to take advantage of the progress in regional 
integration processes and trade opening. This shall include: 

(a) 

assisting  enterprises  in  meeting  existing  and  new  quality  and  other  standards 
introduced  by  progress  in  regional  integration  and  the  implementation  of  the 
Economic Partnership Agreements; 

(b)  diffusing  information  within  the  local  ACP  private  sector  about  the  product 

quality and standards required in external markets;  

(c)  promoting  regional  and  national  business  environment  reforms,  including  by 
facilitating the dialogue between private sector and public institutions; and 

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43 

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(d) 

enhancing  the  role  and  function  of  national  and/or  regional  service-providing 
intermediaries. 

4. 
The  activities  of  the  CDE  shall  be  based  on  the  concept  of  coordination, 
complementarity  and  added  value  in  respect  of  any  private  sector  development  initiatives 
taken  by  public  or  private  entities.  In  particular,  its  activities  shall  be  consistent  with  the 
national and regional development strategies as defined in Part 3 of this Agreement. The CDE 
shall  exercise  selectivity  and  ensure  financial  sustainability  in  undertaking  its  tasks.  It  shall 
ensure an appropriate division of tasks between its Headquarters and regional offices. 

5. 

Periodic evaluations of the activities undertaken by the CDE shall be carried out. 

The  Committee  of  Ambassadors  shall  be  the  supervisory  authority  of  the  Centre.  It 

6. 
shall, after the signature of this Agreement:  

(a) 

lay down the statutes of the Centre; 

(b) 

appoint the members of the Executive Board; 

(c) 

appoint the management of the Centre on a proposal from the Executive Board; 
and 

(d)  monitor  the  overall  strategy  of  the  Centre  and  supervise  the  work  of  the 

Executive Board. 

7. 

The Executive Board shall, according to the statutes of the Centre:  

(a) 

lay down the financial and staff regulations and the rules of operation;  

(b) 

supervise its work; 

(c) 

adopt the programme and the budget of the Centre; 

(d) 

submit periodic reporting and evaluations to the Supervisory Authority; and 

(e)  perform any other tasks allocated to it by the statutes of the Centre. 

The budget of the Centre shall be financed in accordance with the rules laid down in 

8. 
this Agreement in respect of development finance cooperation."; 

(c) 

Article 3 is replaced by the following: 

"Article 3 

CTA 

1. 
The  mission  of  the  CTA  shall  be  to  strengthen  policy  and  institutional  capacity 
development and information and communication management capacities of ACP agricultural 
and  rural  development  organisations.  It  shall  assist  such  organisations  in  formulating  and 
implementing policies and programmes to reduce poverty, promote sustainable food security, 
preserve the natural resource base, and thus contribute to building self-reliance in ACP rural 
and agricultural development. 

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44 

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2. 

The CTA shall: 

(a)  develop and provide information services and ensure better access to research, 
training  and  innovations  in  the  spheres  of  agricultural  and  rural  development 
and extension, in order to promote agriculture and rural development; and 

(b)  develop and reinforce ACP capacities in order to: 

improve  the  formulation  and  management  of  agricultural  and  rural 
(i) 
development  policies  and  strategies  at  national  and  regional  levels  including 
improved 
analysis 
and formulation; 

collection,  policy 

for  data 

research, 

capacity 

improve the information and communication management, in particular 

(ii) 
within the National Agricultural Strategy; 

promote  effective  intra-institutional  Information  and  Communication 
(iii) 
Management  (ICM)  for  performance  monitoring,  as  well  as  consortia  with 
regional and international partners; 

(iv) 

promote decentralised ICM at local and national levels; 

(v) 

strengthen initiatives via regional cooperation; and 

develop  approaches  for  assessing  the  impact  of  policy  on  agricultural 

(vi) 
and rural development. 

The  Centre  shall  support  regional  initiatives  and  networks  and  shall  progressively 
3. 
share capacity development programmes with appropriate ACP organisations. To this end, the 
Centre  shall  support  decentralised  regional  information  networks.  Such  networks  shall  be 
built up gradually and efficiently. 

4. 

Periodic evaluations of the activities undertaken by the CTA shall be carried out.  

The  Committee  of  Ambassadors  shall  be  the  supervisory  authority  of  the  Centre.  It 

5. 
shall, after the signature of this Agreement:  

(a) 

lay down the statutes of the Centre;  

(b) 

appoint the members of the Executive Board; 

appoint  the  management  of  the  Centre  on  a  proposal  from  the  Executive 

(c) 
Board; and 

(d)  monitor  the  overall  strategy  of  the  Centre  and  supervise  the  work  of  the 
Executive Board. 

6. 

The Executive Board shall, according to the statutes of the Centre:  

(a) 

lay down the financial and staff regulations and the rules of operation;  

(b) 

supervise its work;  

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45 

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(c) 

adopt the programme and the budget of the Centre; 

(d) 

submit periodic reporting and evaluations to the Supervisory Authority; and 

(e) 

perform any other tasks allocated to it by the statutes of the Centre. 

The budget of the Centre shall be financed in accordance with the rules laid down in 

7. 
this Agreement in respect of development finance cooperation.". 

Annex IV, as amended by Decision No 3/2008 of the ACP-EC Council of Ministers 

3. 
of 15 December 20083, is amended as follows: 

(a) 

Articles 1, 2 and 3 are replaced by the following:  

"Article 1 

Operations financed by grants within the framework of this Agreement shall be programmed 
at  the  beginning  of  the  period  covered  by  the  multi-annual  financial  framework  of 
cooperation.  

Programming will be based on the principles of ownership, alignment, donor coordination and 
harmonisation, managing for development results and mutual accountability.  

Programming for this purpose shall mean: 

(a) 

(b) 

(c) 

(d) 

the  preparation  and  development  of  country,  regional  or  intra-ACP  strategy  papers 
(SP)  based  on  their  own  medium-term  development  objectives  and  strategies,  and 
taking into account the principles of joint programming and division of labour among 
donors, which shall, to the extent possible, be a partner country or region led process; 

a  clear  indication  from  the  Community  of  the  indicative  programmable  financial 
allocation  from  which  the  country,  region  or  intra-ACP  cooperation  may  benefit 
during  the  period  covered  by  the  multi-annual  financial  framework  of  cooperation 
under this Agreement as well as any other relevant information, including a possible 
reserve for unforeseen needs; 

the  preparation  and  adoption  of  an  indicative  programme  for  implementing  the  SP, 
taking  into  account  commitments  of  other  donors,  and  in  particular  of  the 
EU Member States; and 

a  review  process  covering  the  SP,  the  indicative  programme  and  the  volume  of 
resources allocated to it. 

Article 2 

Country strategy paper  

The country strategy paper (CSP) shall be prepared by the ACP State concerned and the EU. 
It shall draw from prior consultation with a wide range of actors including non-State actors, 
local authorities and, where relevant, ACP Parliaments, and shall draw on lessons learned and 

3 

OJ EU L 352, 31.12.2008, p. 59. 

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46 

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best  practices.  Each  CSP  shall  be  adapted  to  the  needs  and  respond  to  the  specific 
circumstances of each ACP State. The CSP shall be an instrument to prioritise activities and 
to build local ownership of cooperation programmes. Any divergences between the country's 
own analysis and that of the Community shall be noted. The CSP shall include the following 
standard elements: 

(a) 

(b) 

(c) 

(d) 

(e) 

an  analysis  of  the  political,  economic,  social,  and  environmental  country  context, 
constraints, capacities and prospects including an assessment of basic needs, such as 
income per capita, population size and social indicators, and vulnerability; 

a  detailed  outline  of  the  country's  medium-term  development  strategy,  clearly 
defined priorities and expected financing requirements; 

an  outline  of  relevant  plans  and  actions  of  other  donors  present  in  the  country,  in 
particular  including  those  of  the  EU  Member  States  in  their  capacity  as  bilateral 
donors; 

response  strategies,  detailing  the  specific  contribution  the  EU  can  provide.  These 
shall, to the extent possible, enable complementarity with operations financed by the 
ACP State itself and by other donors present in the country; and 

an indication of the most appropriate support and implementation mechanisms to be 
applied in implementing the above strategies. 

Article 3 

Resource allocation 

The  indicative  resource  allocation  among  ACP  countries  shall  be  based  on  standard, 

1. 
objective and transparent needs and performance criteria. In this context: 

(a)  needs shall be assessed on the basis of criteria pertaining to per capita income, 
population size, social indicators and level of indebtedness and vulnerability to 
exogenous  shocks.  Special  treatment  shall  be  accorded  to  the  least  developed 
ACP States, and the vulnerability of island and landlocked States shall duly be 
taken  into  account.  In  addition,  account  shall  be  taken  of  the  particular 
difficulties  of  countries  dealing  with  the  aftermath  of  conflict  or  natural 
disaster; and 

(b)  performance shall be assessed on the basis of criteria pertaining to governance, 
progress in implementing institutional reforms, country performance in the use 
of  resources,  effective 
implementation  of  current  operations,  poverty 
the  Millennium 
alleviation  or 
Development  Goals,  sustainable  development  measures  and  macroeconomic 
and sectoral policy performance. 

reduction,  progress 

towards  achieving 

2. 

The allocated resources shall comprise:  

(a) 

a programmable allocation to cover macroeconomic support, sectoral policies, 
programmes  and  projects  in  support  of  the  focal  or  non-focal  areas  of 
Community  assistance.  The  programmable  allocation  shall  facilitate  the  long-
term programming of Community aid for the country concerned. Together with 

EN 

47 

   EN 

 
other possible Community resources, these allocations shall be the basis for the 
preparation of the indicative programme for the country concerned; and 

(b) 

an  allocation  to  cover  unforeseen  needs  such  as  those  defined  in  Articles  66 
and 68  and  Articles  72,  72a  and  73  of  this  Agreement,  accessible  under  the 
conditions  set  out  in  those  Articles,  where  such  support  cannot  be  financed 
from the Union's budget. 

Provision  will  be  made  on  the  basis  of  the  reserve  for  unforeseen  needs  for  those 
normal 

circumstances, 

exceptional 

cannot 

access 

due 

to 

3. 
countries,  which, 
programmable resources. 

Without prejudice  to Article  5(7) of this Annex  concerning  reviews, the Community 
4. 
may, in order to take account of new needs or exceptional performance, increase a country's 
programmable allocation or its allocation for unforeseen needs: 

(a)  new  needs  may  result  from  exceptional  circumstances  such  as  crisis  and 
post-crisis situations or from unforeseen needs as referred to in paragraph 2(b); 

(b) 

exceptional performance is a situation in which, outside the mid-term and end-
of-term reviews, a country's programmable allocation is totally committed and 
additional  funding  from  the  national  indicative  programme  can  be  absorbed 
against  a  background  of  effective  poverty-reduction  policies  and  sound 
financial management."; 

(b) 

Article 4(1) to (4) are replaced by the following:  

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

(a)  general  budget  support  and/or  a  limited  number  of  focal  sectors  or  areas  on 

which support should be concentrated; 

(b) 

(c) 

(d) 

the most appropriate measures and operations for attaining the objectives and 
targets in the focal sector(s) or area(s); 

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

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

(e)  proposals for a possible participation in regional programmes and projects; and 

(f) 

a  possible  reserve  for  insurance  against  possible  claims  and  to  cover  cost 
increases and contingencies. 

EN 

48 

   EN 

 
2. 
The draft indicative programme shall, as appropriate, contain the resources reserved to 
reinforce  human,  material  and  institutional  ACP  capacity  for  preparing  and  implementing 
national  indicative  programmes  and  possible  participations  in  programmes  and  projects 
funded  from  the  regional  indicative  programmes  and  for  improving  the  management  of  the 
ACP States' public investment projects cycle. 

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

(a) 

(b) 

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

an  indicative  timetable  for  implementation  and  review  of  the  indicative 
programme, including commitments and disbursements of resources; and 

(c) 

results-oriented criteria for the reviews. 

The  Community  and  the  ACP  State  concerned  shall  take  all  necessary  measures  to 
4. 
ensure that the programming process is completed within the shortest possible time and, save 
in  exceptional  circumstances,  within  twelve  months  of  the  adoption  of  the  multi-annual 
financial  framework  of  cooperation.  In  this  context,  the  preparation  of  the  CSP  and  the 
indicative  programme  must  be  part  of  a  continuous  process  leading  to  the  adoption  of  a 
single document."; 

(c) 

Article 5 is amended as follows: 

(i) 

paragraph 2 is replaced by the following: 

In  exceptional  circumstances  as  referred  to  in  Article  3(4),  in  order  to  take  into 
"2. 
account  new  needs  or  exceptional  performance,  an  ad  hoc  review  can  be  carried  out  on  the 
demand of either Party."; 

(ii) 

in paragraph 4, the introductory wording is replaced by the following: 

"4. 
The  annual  operational,  mid-term  and  end-of-term  reviews  of  the  indicative 
programme  shall  consist  of  a  joint  assessment of the implementation of the programme and 
take into account the results of relevant activities of monitoring and evaluation. These reviews 
shall be conducted locally and shall be finalised between the National Authorising Officer and 
the Commission, in consultation with the appropriate stakeholders, including non-State actors, 
local  authorities  and,  where  relevant,  ACP parliaments.  They  shall  in  particular  cover  an 
assessment of:"; 

(iii) 

paragraphs 5, 6 and 7 are replaced by the following: 

"5. 
The Commission shall submit once a year a synthesis report on the conclusion of the 
annual  operational  review  to  the  Development  Finance  Cooperation  Committee.  The 
Committee shall examine the report in accordance with its responsibilities and powers under 
this Agreement. 

EN 

49 

   EN 

 
In the light of the annual operational reviews, the National Authorising Officer and the 

6. 
Commission may at the mid-term and end-of-term reviews, review and adapt the CSP: 

(a) 

(b) 

where operational reviews indicate specific problems; and/or 

in the light of changed circumstances of an ACP State. 

A change in the CSP may also be decided as a result of the ad hoc review process foreseen 
under paragraph 2.  

The  end-of-term  review  may  also  include  adaptation  for  the  new  multi-annual  financial 
framework  of  cooperation  in  terms  of  both  resource  allocation  and  preparation  for  the  next 
programme. 

7. 
Following the completion of the mid-term and end-of-term reviews, the Commission 
may, on behalf of the Community, increase or decrease the resource allocation of a country in 
the light of current needs and the performance of the ACP State concerned.  

Following an ad hoc review as foreseen under paragraph 2, the Commission may, on behalf of 
the Community, also increase the resource allocation in the light of new needs or exceptional 
performance of the ACP State concerned, as defined in Article 3(4)."; 

(d) 

Article 6 is amended as follows: 

(i) 

The title is replaced by the following: 

"Scope"; 

(ii) 

The following paragraphs are added: 

"3. 

Requests for financing of regional programmes shall be submitted by: 

(a) 

a duly mandated regional body or organisation; or 

(b) 

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

The  participation  of  non-ACP  developing  countries  to  regional  programmes  shall  be 

4. 
envisaged only to the extent that:  

(a) 

(b) 

the  centre  of  gravity  of  the  projects  and  programmes  funded  under  the 
multi-annual financial framework of cooperation remains in an ACP country;  

equivalent  provisions  exist  in  the  framework  of  the  Community's  financial 
instruments; and 

(c) 

the principle of proportionality is respected."; 

(e) 

Articles 7, 8 and 9 are replaced by the following: 

"Article 7 

EN 

50 

   EN 

 
Regional programmes 

The  ACP  States  concerned  shall  decide  on  the  definition  of  geographical  regions.  To  the 
maximum extent possible, regional integration programmes should correspond to programmes 
of  existing  regional  organisations.  In  principle,  in  case  the  membership  of  several  relevant 
regional organisations overlaps, the regional integration programme should correspond to the 
combined membership of these organisations.  

Article 8 

Regional programming 

Programming shall take place at the level of each region. The programming shall be a 
1. 
result  of  an  exchange  of  views  between  the  Commission  and  the  duly  mandated  regional 
organisation(s)  concerned,  and  in  the  absence  of  such  a  mandate,  the  National  Authorising 
Officers  of  the  countries  in  that  region.  Where  appropriate,  programming  may  include  a 
consultation  with  non-State  actors  represented  at  regional  level  and,  where  relevant, 
regional parliaments. 

2. 
The regional strategy paper (RSP) shall be prepared by the Commission and the duly 
mandated  regional  organisation(s)  in  collaboration  with  the  ACP  States  in  the  region 
concerned,  on  the  basis  of  the  principle  of  subsidiarity  and  complementarity,  taking  into 
account the programming of the CSP. 

The RSP will be an instrument to prioritise activities and to build local ownership of 

3. 
supported programmes. The RSP shall include the following standard elements: 

(a) 

(b) 

(c) 

(d) 

(e) 

an  analysis  of  the  political,  economic,  social  and  environmental  context  of 
the region; 

an  assessment  of  the  process  and  prospects  of  regional  economic  integration 
and integration into the world economy; 

an  outline  of  the  regional  strategies  and  priorities  pursued  and  the  expected 
financing requirements; 

an  outline  of  relevant  activities  of  other  external  partners  in  regional 
cooperation;  

an outline of the specific EU contribution towards achievement of the goals for 
regional integration, complementary insofar as possible to operations financed 
by  the  ACP  States  themselves  and  by  other  external  partners,  particularly  the 
EU Member States; and 

(f) 

an indication of the most appropriate support and implementation mechanisms 
to be applied in implementing the above strategies. 

Article 9 

Resource allocation 

EN 

51 

   EN 

 
1. 
The  indicative  resource  allocation  among  ACP  regions  shall  be  based  on  standard, 
objective and transparent estimates of needs and the progress and prospects in the process of 
regional cooperation and integration.  

2. 

The allocated resources shall comprise: 

(a) 

(b) 

a  programmable  allocation  to  cover  support  to  regional  integration,  sector 
policies, programmes and projects in support of the focal or non-focal areas of 
Community assistance; and 

an  allocation  for  each  ACP  region  to  cover  unforeseen  needs  such  as  those 
defined  in  Articles  72, 72a and 73 of this  Agreement where, given the cross-
border  nature  and/or  scope  of  the  unforeseen  need,  such  support  can  more 
effectively be provided at regional level. These funds shall be accessible under 
the conditions set out in Articles 72, 72a and 73 of this Agreement, where such 
support cannot be financed from the Union's budget. Complementarity between 
interventions  provided  for  under  this  allocation  and  possible  interventions  at 
country level shall be ensured. 

The  programmable  allocation  shall  facilitate 

long-term  programming  of 
3. 
Community  aid  for  the  region  concerned.  In  order  to  achieve  an  adequate  scale  and  to 
increase  efficiency,  regional  and  national  funds  may  be  mixed  for  financing  regional 
operations with a distinct national component. 

the 

A  regional  allocation  for  unforeseen  needs  may  be  mobilised  to  the  benefit  of  the  region 
concerned and of ACP countries outside the region where the nature of the unforeseen need 
requires their involvement and the centre of gravity of the projects and programmes envisaged 
remains on the region. 

4. 
Without prejudice to Article 11 concerning reviews, the Community may, in order to 
take  account  of  new  needs  or  exceptional  performance,  increase  a  region's  programmable 
allocation or its allocation for unforeseen needs: 

(a)  new  needs  are  needs  resulting  from  exceptional  circumstances  such  as  crisis 
and post-crisis situations or from unforeseen needs as referred to in paragraph 
2(b); 

(b) 

exceptional performance is a situation in which, outside the mid-term and end-
of-term  reviews,  a  region's  allocation  is  totally  committed  and  additional 
funding  from  the  regional  indicative  programme  can  be  absorbed  against  a 
background  of  effective 
financial 
management."; 

integration  and 

regional 

sound 

(f) 

Article 10(2) is replaced by the following: 

"2. 
The Regional Indicative Programmes shall be adopted by common agreement between 
the Community and the duly mandated regional organisation(s) or, in the absence of such a 
mandate, the ACP States concerned."; 

in Article 11, the existing paragraph is numbered and the following paragraph is 

(g) 
added: 

EN 

52 

   EN 

 
"2. 
In  exceptional  circumstances  as  referred  to  in  Article  9(4),  in  order  to  take  into 
account new needs or exceptional performance, the review can be carried out on the demand 
of either Party. As a result of an ad hoc review, a change in the RSP may be decided by both 
Parties  and/or  the  resource  allocation  increased  by  the  Commission  on  behalf  of  the 
Community. 

The  end-of-term  review  may  also  include  adaptation  for  the  new  multi-annual  financial 
framework  of  cooperation  in  terms  of  both  resource  allocation  and  preparation  for  the  next 
regional indicative programme."; 

(h) 

Article 12 is replaced by the following: 

"Article 12 

Intra-ACP cooperation 

Intra-ACP  cooperation  shall,  as  an  instrument  of  development,  contribute  to  the 
1. 
objective  of  the  ACP-EC  Partnership.  The  Intra-ACP  cooperation  is  a  supra-regional 
cooperation.  It  aims  to  address  the  shared  challenges  facing  ACP  States  through  operations 
that transcend the concept of geographic location and benefit many or all ACP States. 

2. 
In  keeping  with  the  principles  of  subsidiarity  and  complementarity,  an  intra-ACP 
intervention  is  envisaged  when  national  and/or  regional  action  proves  impossible  or less 
effective, so as to provide added value in comparison to the operations carried out with other 
cooperation instruments.  

When the ACP Group decides to contribute to international or inter-regional initiatives 

3. 
from the intra-ACP fund, appropriate visibility shall be ensured."; 

(i) 

the following Articles are inserted: 

"Article 12a 

Intra-ACP strategy paper 

The programming of the Intra-ACP cooperation shall be the result of an exchange of 
1. 
views between the Commission and the ACP Committee of Ambassadors, and shall be jointly 
prepared by the Commission services and the ACP Secretariat, following consultations with 
relevant actors and stakeholders. 

2. 
The Intra-ACP strategy paper defines the priority actions of the Intra-ACP cooperation 
and  actions  necessary  to  build  ownership  of  supported  programmes.  It  shall  include  the 
following standard elements: 

(a) 

(b) 

(c) 

an analysis of the political, economic, social and environmental context of the 
ACP Group of States; 

an assessment of Intra-ACP cooperation as to its contribution to achieving the 
objectives of this Agreement and lessons learnt; 

an  outline  of  the  Intra-ACP  strategy  and  objectives  pursued  and  the  expected 
financing requirements; 

EN 

53 

   EN 

 
(d) 

(e) 

an  outline  of  relevant  activities  of  other  external  partners  in  the  cooperation; 
and 

an indication of the EU contribution towards achievement of the objectives of 
the  Intra-ACP  cooperation  and  its  complementarity  to  operations  financed  at 
the national and regional levels and by other external partners, particularly the 
EU Member States. 

Article 12b 

Requests for financing 

Requests for financing of intra-ACP programmes shall be submitted: 

(a) 

directly by the ACP Council of Ministers or the ACP Committee of Ambassadors; or 

(b) 

indirectly by: 

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

(ii) 
international organisations, such as the African Union, carrying out operations 
that  contribute  to  the  objectives  of  regional  cooperation  and  integration,  subject  to 
prior approval by the ACP Committee of Ambassadors; or 

(iii) 
the  Caribbean  or  Pacific  regions,  in  view  of  their  particular  geographic 
situation,  subject  to  prior  approval  by  the  ACP  Council  of  Ministers  or  the  ACP 
Committee of Ambassadors. 

Article 12c 

Resource allocation 

The indicative resource allocation shall be based on the estimates of needs and the progress 
and  prospects  in  the  process  of  Intra-ACP  cooperation.  It  shall  comprise  a  reserve  of  non-
programmed funds."; 

(j) 

Articles 13 and 14 are replaced by the following: 

"Article 13 

Intra-ACP indicative programme 

1. 
The 
standard elements: 

Intra-ACP 

indicative 

programme 

comprises 

the 

following  main 

(a) 

focal sectors and themes of Community aid; 

EN 

54 

   EN 

 
(b) 

(c) 

the most appropriate measures and actions for achieving the objectives set for 
the focal sectors and themes; and 

the  programmes  and  projects  necessary  to  achieve  the  objectives  identified, 
insofar  as  they  have  been  clearly  identified,  as  well  as  an  indication  of  the 
resources to be allocated to each of them and an implementation timetable. 

The  Commission  and 

the  ACP  Secretariat  shall 

2. 
the 
corresponding  actions.  On  this  basis,  the  intra-ACP  indicative  programme  shall  be  jointly 
prepared  by  the  services  of  the  Commission  and  the  ACP  Secretariat  and  presented  to  the 
ACP-EC Committee of Ambassadors. It shall be adopted by the Commission, on behalf of the 
Community and by the ACP Committee of Ambassadors. 

identify  and  appraise 

3. 
Without prejudice to point (iii) of Article 12b(b), the ACP Committee of Ambassadors 
shall  present  each  year  a  consolidated  list  of  requests  for  financing  of  the  priority  actions 
foreseen in the Intra-ACP indicative programme. The Commission shall identify and prepare 
the corresponding actions with the ACP Secretariat as well as an annual action programme. 
To the extent possible and in consideration of the allocated resources, requests for financing 
of actions not foreseen in the Intra-ACP indicative programme shall be included in the annual 
action  programme.  In  exceptional  cases,  these  requests  are  adopted  through  a  special 
financing decision of the Commission. 

Article 14 

Review process 

Intra-ACP  cooperation  should  be  sufficiently  flexible  and  reactive  to  ensure  that  its 
1. 
actions  remain  consistent  with  the  objectives  of  this  Agreement  and  to  take  account  of  any 
changes in the priorities and objectives of the ACP Group of States. 

The ACP Committee of Ambassadors and the Commission shall undertake a mid-term 
2. 
and  end-of-term  review  of  the  intra-ACP  cooperation  strategy  and  indicative  programme  to 
adapt  it  to  current  circumstances  and  ensure  its  correct  implementation.  If  circumstances  so 
require, ad hoc reviews may also be conducted to take account of new needs which may arise 
from  exceptional  or  unforeseen  circumstances,  such  as  those  arising  from  new  challenges 
which are common to ACP countries. 

3. 
The ACP Committee of Ambassadors and the Commission may, at the mid-term and 
end-of-term reviews, or after an ad hoc review, review and adapt the Intra-ACP cooperation 
strategy paper. 

Following the mid-term and end-of-term review exercises, or ad hoc reviews, the ACP 
4. 
Committee  of  Ambassadors  and  the  Commission  may  adjust  the  allocations  within  the 
intra-ACP indicative programme and mobilise the non-programmed Intra-ACP reserve."; 

(k) 

Article 15 is amended as follows: 

(i) 

"1. 

EN 

paragraph 1 is replaced by the following: 

Programmes  and  projects  that  have  been  presented  by  the  ACP  State  concerned  or 
the  relevant  organisation  or  body  at  regional  or  intra-ACP  level  shall  be  subject  to 

55 

   EN 

 
joint  appraisal.  The  ACP-EC  Development  Finance  Cooperation  Committee  shall 
develop the general guidelines and criteria for appraisal of programmes and projects. 
These  programmes  and  projects  are  generally  multi-annual  and  may  incorporate  a 
whole range of actions of a limited size in a particular area."; 

(ii) 

"3. 

paragraph 3 is replaced by the following: 

Programme and project appraisal shall take due account of national human resource 
constraints  and  ensure  a  strategy  favourable  to  the  promotion  of  such  resources.  It 
shall also take into account the specific characteristics and constraints of each ACP 
State or region."; 

(iii) 

in  paragraph  4,  the  words  "National  Authorising  Officer"  are  replaced  by  "relevant 
Authorising Officer"; 

(l) 
throughout Article 16 the words "the ACP State concerned" are replaced by "the 
ACP  State  concerned  or  the  relevant  organisation  or  body  at  regional  or  intra-ACP 
level";  

(m)  Article 17 is replaced by the following: 

"Article 17 

Financing Agreement 

1. 
As a rule, programmes and projects financed by the multi-annual financial framework 
of  cooperation  are  subject  to  a  financing  agreement  drawn  up  by  the  Commission  and  the 
ACP State or the relevant organisation or body at regional or intra-ACP level. 

2. 
The  financing  agreement  shall  be  drawn  up  within  60  days  following  the 
communication  of  the  financing  decision  taken  by  the  Commission.  The  financing 
agreement shall: 

(a) 

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

(b)  make  adequate  provision  for  appropriations 

to  cover  cost 

increases, 

contingencies, audits and evaluations. 

3. 
Any  unexpended  balance  left  upon  closure  of  the  accounts  of  programmes  and 
projects  within  the  timeframe  for  commitments  of  the  multi-annual  financial  framework  of 
cooperation  from  which  the  programmes  and  projects  have  been  funded  shall  accrue  to  the 
ACP State or the relevant organisation or body at regional or intra-ACP level."; 

throughout Article 18 the words "National Authorising Officer" are replaced by 

(n) 
"relevant Authorising Officer"; 

(o) 

Article 19 is amended as follows: 

EN 

56 

   EN 

 
in  paragraph  1,  the  words  "the  ACP  States"  are  replaced  by  "the  ACP  States  or  the 

(i) 
relevant organisation or body at regional or intra-ACP level"; 

in  paragraph  3,  the  words  "the  ACP  State"  are  replaced  by  "the  ACP  State  or  the 

(ii) 
relevant organisation or body at regional or intra-ACP level"; 

EN 

57 

   EN 

 
(p)  Article 19a(1) is amended as follows: 

(i) 

the introductory wording is replaced by the following: 

Implementation of programmes and projects financed from the multi-annual financial 

"1. 
framework of cooperation under this Agreement shall consist chiefly of the following:"; 

(ii) 

point (d) is replaced by the following: 

"(d) 
direct payments as budgetary support, support for sectoral programmes, debt relief and 
support to mitigate the adverse effects resulting from short-term exogenous shocks including 
fluctuations of exports earnings."; 

in  Article  19b  the  words  "the  ACP  States"  are replaced  by  "the ACP States or 

(q) 
the relevant organisation or body at regional or intra-ACP level"; 

(r) 

Articles 19c and 20 are replaced by the following:  

"Article 19c  

Awarding contracts, awarding grants and performing contracts 

1. 
Except  as  provided  for  in  Article  26,  contracts  and  grants  shall  be  attributed  and 
implemented according to Community rules and, except in the specific cases provided for by 
these rules, according to the standard procedures and documentation set and published by the 
Commission for the purposes of implementing cooperation actions with third countries and in 
force at the time the procedure in question is launched. 

2. 
In decentralised management, where a joint assessment shows that the procedures for 
awarding  contracts  and  grants  in  the  ACP  State  or  the  recipient  region  or  the  procedures 
approved  by  the  fund  providers  are  in  accordance  with  the  principles  of  transparency, 
proportionality, equal treatment and non-discrimination and preclude any kind of conflict of 
interest, the Commission shall use these procedures, in accordance with the Paris Declaration 
and without prejudice to Article 26, in full respect of the rules governing the exercise of its 
powers in this field. 

3. 
The  ACP  State  or  the  relevant  organisation  or  body  at  regional  or  intra-ACP  level 
shall undertake to check regularly that the operations financed from the multi-annual financial 
framework  of  cooperation  under  this  Agreement  have  been  properly  implemented,  to  take 
appropriate measures to prevent irregularities and fraud, and, if necessary, to take legal action 
to recover unduly paid funds. 

In  decentralised  management,  contracts  are  negotiated,  established,  signed  and 
4. 
performed  by  the  ACP  States  or  the  relevant  organisation  or  body  at  regional  or  intra-ACP 
level. These  States  or the relevant organisation or body at  regional or  intra-ACP  level may, 
however,  call  upon  the  Commission  to  negotiate,  establish,  sign  and  perform  contracts  on 
their behalf. 

5. 
Pursuant to the commitment referred to in Article 50 of this Agreement, contracts and 
grants  financed  from  resources  from  the  multi-annual  financial  framework  of  cooperation 

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with  the  ACP  shall  be  performed  in  accordance  with  internationally  recognised  basic 
standards in the field of labour law. 

6. 
An expert group of representatives of the Secretariat of the ACP Group of States and 
the Commission shall be set up to identify, at the request of one or other of the parties, any 
appropriate  alterations  and  to  suggest  amendments  and  improvements  to  the  rules  and 
procedures referred to in paragraphs 1 and 2. 

This  expert  group  shall  also  submit  a  periodic  report  to  the  ACP-EC  Development  Finance 
Cooperation  Committee  to  assist  it  in  its  task  of  examining  the  problems  surrounding  the 
implementation of development cooperation activities and proposing appropriate measures. 

Article 20 

Eligibility 

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

1. 
Participation  in  procedures  for  the  awarding  of  procurement  contracts  or  grants 
financed  from  the  multi-annual  financial  framework  of  cooperation  under  this  Agreement 
shall be open to: 

(a) 

all  natural persons who  are nationals  of, or legal persons who  are established 
in,  an  ACP  State,  a  Member  State  of  the  European  Community,  an  official 
candidate  country  of  the  European  Community  or  a  Member  State  of  the 
European Economic Area;  

(b) 

all natural persons  who are nationals of, or legal persons who are established 
in, a Least Developed Country as defined by the United Nations. 

Participation  in  procedures  for  the  awarding  of  procurement  contracts  or  grants 
1a. 
financed  from  the  multi-annual  financial  framework  of  cooperation  under  this  Agreement 
shall be open to all natural persons who are nationals of, or legal persons established in, any 
country  other  than  those  referred  to  in  paragraph  1,  where  reciprocal  access  to  external 
assistance  has  been  established.  Reciprocal  access  in  the  Least  Developed  Countries  as 
defined by the United Nations shall be automatically granted to the OECD/DAC members. 

Reciprocal  access  shall  be  established  by  means  of  a  specific  Commission  decision 
concerning  a  given  country  or  a  given  regional  group  of  countries.  The  decision  shall  be 
adopted  by  the  Commission  in  agreement  with  the  ACP  States  and  shall  be  in  force  for  a 
minimum period of one year. 

2. 
Services  under  a  contract  financed  from  the  multi-annual  financial  framework  of 
cooperation  under  this  Agreement  may  be  provided  by  experts  of  any  nationality,  without 
prejudice  to  the  qualitative  and  financial  requirements  set  out  in  the  Community's 
procurement rules. 

3. 
Supplies  and  materials  purchased  under  a  contract  financed  from  the  multi-annual 
financial  framework  of  cooperation  under  this  Agreement  must  originate  in  a  State  that  is 
eligible under paragraphs 1 or 1a. In this context, the definition of the concept of "originating 
products" shall be assessed by reference to the relevant international agreements, and supplies 

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originating in the Community shall include supplies originating in the Overseas Countries and 
Territories. 

4. 
Participation  in  procedures  for  the  awarding  of  procurement  contracts  or  grants 
financed  from  the  multi-annual  financial  framework  of  cooperation  under  this  Agreement 
shall be open to international organisations. 

5. 
Whenever the multi-annual financial framework of cooperation under this Agreement 
finances  an  operation  implemented  through  an  international  organisation,  participation  in 
procedures for the awarding of procurement contracts or grants shall be open to all natural and 
legal persons who are eligible under paragraphs 1 or 1a, and to all natural and legal persons 
who are eligible according to the rules of the organisation, care being taken to ensure equal 
treatment of all donors. The same rules apply for supplies and materials. 

6. 
Whenever the multi-annual financial framework of cooperation under this Agreement 
finances an operation implemented as part of a regional initiative, participation in procedures 
for  the  awarding  of  procurement  contracts  or  grants  shall  be  open  to  all  natural  and  legal 
persons who are eligible under paragraphs 1 or 1a, and to all natural and legal persons from a 
country  participating  in  the  relevant  initiative.  The  same  rules  apply  for  supplies 
and materials. 

7. 
Whenever the multi-annual financial framework of cooperation under this Agreement 
finances  an  operation  co-financed  with  a  third  State,  participation  in  procedures  for  the 
awarding  of  procurement  contracts  or  grants  shall  be  open  to  all  natural  and  legal  persons 
eligible  under  paragraphs  1  or  1a,  and  to  all  persons  eligible  under  the  rules  of  the  above 
mentioned third State. The same rules apply for supplies and materials."; 

(s) 

(t) 

Article 21 is deleted4; 

Article 22(1) is replaced by the following: 

In  exceptional  duly  substantiated  circumstances,  natural  or  legal  persons  from  third 
"1. 
countries not eligible under Article 20 may be authorised to participate in procedures for the 
awarding  of  procurement  contracts  or  grants  financed  by  the  Community  from  the  multi-
annual financial framework of cooperation under this Agreement at the justified request of the 
ACP State or the relevant organisation or body at regional or intra-ACP level. The ACP State 
or  the  relevant  organisation  or  body  at  regional  or  intra-ACP  level  shall,  on  each  occasion, 
provide  the  Commission  with  the  information  needed  to  decide  on  such  derogation,  with 
particular attention being given to: 

(a) 

the geographical location of the ACP State or region concerned; 

(b) 

(c) 

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

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

(d) 

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

4 

Article 21 was deleted by Decision No 3/2008 of the ACP-EC Council of Ministers. 

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60 

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(e) 

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

(f) 

cases of extreme urgency; 

(g) 

the availability of products and services in the relevant markets."; 

(u) 

Articles 23 and 25 are deleted5; 

(v) 

in Article 26(1), the introductory wording is replaced by the following: 

"1.  Measures shall be taken to encourage the widest participation of the natural and legal 
persons of ACP States in the performance of contracts financed by the multi-annual financial 
framework  of  cooperation  under  this  Agreement  in  order  to  permit  the  optimisation  of  the 
physical and human resources of those States. To this end:"; 

(w)  Articles 27, 28 and 29 are deleted6;  

(x) 

in Article 30, the introductory wording is replaced by the following: 

"Any dispute arising between the authorities of an ACP State or the relevant organisation or 
body at regional or intra-ACP level and a contractor, supplier or provider of services during 
the  performance  of  a  contract  financed  by  the  multi-annual  financial  framework  of 
cooperation under this Agreement shall:"; 

(y) 

Articles 33 and 34 are replaced by the following: 

"Article 33 

Modalities 

1. 
Without  prejudice  to  evaluations  carried  out  by  the  ACP  States  or  the  relevant 
organisation or body at regional or intra-ACP level or the Commission, this work will be done 
jointly by the ACP State(s) or the relevant organisation or body at regional or intra-ACP level 
and the Community. The ACP-EC Development Finance Cooperation Committee shall ensure 
the  joint  character  of  the  joint  monitoring  and  evaluation  operations.  In  order  to  assist  the 
ACP-EC  Development  Finance  Cooperation  Committee,  the  Commission  and  the  ACP 
General  Secretariat  shall  prepare  and  implement  the  joint  monitoring  and  evaluations  and 
report  to  the  Committee.  The  Committee  shall,  at  its  first  meeting  after  the  signature  of  the 
Agreement,  fix  the  operational  modalities  aimed  at  ensuring  the  joint  character  of  the 
operations and shall, on a yearly basis, approve the work programme. 

2. 

Monitoring and evaluation activities shall notably: 

(a)  provide  regular  and  independent  assessments  of  the  operations  and  activities 
funded  from  the  multi-annual  financial  framework  of  cooperation  under  this 
agreement by comparing results with objectives; and thereby 

5 
6 

Articles 23 and 25 were deleted by Decision No 3/2008 of the ACP-EC Council of Ministers. 
Articles 27, 28 and 29 were deleted by Decision No 3/2008 of the ACP-EC Council of Ministers. 

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(b) 

enable the ACP States or the relevant organisation or body at regional or intra-
ACP level and the Commission and the joint institutions, to feed the lessons of 
experience back into the design and execution of future policies and operations. 

Article 34 

The Commission 

The Commission shall undertake the financial execution of operations carried out with 
1. 
resources  from  the  multi-annual  financial  framework  of  cooperation  under  this  Agreement, 
with the exception of the Investment Facility and interest rate subsidies, using the following 
main methods of management: 

(a) 

centralised management; 

(b)  decentralised management. 

2. 
As  a  general  rule,  the  financial  execution  of  the  resources  from  the  multi-annual 
financial  framework  of  cooperation  under  this  agreement  by  the  Commission  shall 
be decentralised. 

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

In  order  to  carry  out  the  financial  execution  of  the  resources  from  the  multi-annual 
3. 
financial framework of cooperation under this Agreement, the Commission shall delegate its 
executive powers within its own departments. The Commission shall inform the ACP States 
and the ACP-EC Development Finance Cooperation Committee of this delegation of tasks."; 

(z) 

Article 35 is amended as follows: 

(i) 

in paragraph 1, the introductory wording is replaced by the following : 

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

In  the  case  of  regional  programmes  and  projects,  the  relevant  organisation  or  body 
shall  designate  a  Regional  Authorising  Officer  whose  duties  correspond,  mutatis 
mutandis, to those of the National Authorising Officer. 

In  the  case  of  Intra-ACP  programmes  and  projects,  the  ACP  Committee  of 
Ambassadors  shall  designate  an  Intra-ACP  Authorising  Officer,  whose  duties 
correspond,  mutatis  mutandis,  to  those  of  the  National  Authorising  Officer.  In  the 

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event  that  the  ACP  Secretariat  is  not  the  Authorising  Officer,  the  Committee  of 
Ambassadors  shall  be  informed  in  conformity  with  the  financing  agreement  of  the 
implementation of programmes and projects.  

When  the  Commission  becomes  aware  of  problems  in  carrying  out  procedures 
relating  to  management  of  resources  from  the  multi-annual  financial  framework  of 
cooperation  under  this  Agreement,  it  shall,  in  conjunction  with  the  relevant 
Authorising Officer, make all contacts necessary to remedy the situation and take any 
appropriate steps. 

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

Where  resources  from  the  multi-annual  financial  framework  of  cooperation  under 
this  agreement  are  managed  in  a  decentralised  way  and  subject  to  any  additional 
powers  that  might  be  granted  by  the  Commission,  the  relevant  Authorising  Officer 
shall:"; 

In  paragraph  2,  the  words  "National  Authorising  Officer"  are  replaced  by  "relevant 

(ii) 
Authorising Officer";  

(za)  Article 37 is amended as follows: 

in  paragraph  2  the  words  "ACP  States"  are  replaced  by  "ACP  States  or  the  relevant 

(i) 
organisation or body at regional or intra-ACP level"; 

in  paragraph  4,  the  words  "National  Authorising  Officer"  are  replaced  by  "relevant 

(ii) 
Authorising Officer"; 

in  paragraph  6,  the  words  "National  Authorising  Officer"  are  replaced  by  "relevant 

(iii) 
Authorising Officer";  

in  paragraph  7,  the  words  "the  ACP  State  or  States  concerned"  are  replaced  by  "the 

(iv) 
ACP State concerned or the relevant organisation or body at regional or intra-ACP level". 

4.  Annex V, including its protocols, is deleted. 

5. 

In Annex VII, Article 3(4) is replaced by the following: 

The  parties  acknowledge  the  role  of  the  ACP  Group  in  political  dialogue  based  on 
"4. 
modalities  to  be  determined  by  the  ACP  Group  and  communicated  to  the  European 
Community and its Member States. The ACP Secretariat and the European Commission shall 
exchange  all  required  information  on  the  process  of  political  dialogue  carried  out  before, 
during and after consultations undertaken under Articles 96 and 97 of this Agreement.". 

D. 

PROTOCOLS 

Protocol 3 on South Africa, as amended by Decision No 4/2007 of the ACP-EC Council of 
Ministers of 20 December 20077, is amended as follows: 

7 

OJ EU L 25 of 30.1.2008, p. 11. 

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63 

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1. 

2. 

In Article 1(2), the words "signed in Pretoria on 11 October 1999" are replaced by 
"as amended by the Agreement signed on 11 September 2009". 

Article 4 is amended as follows: 

(a)  paragraph 2 is replaced by the following: 

"2.  However, in derogation from this principle, South Africa shall have the right to 
participate in the ACP-EC development finance cooperation listed in Article 8 of this 
Protocol,  on  the  basis  of  the  principles  of  reciprocity  and  proportionality, 
understanding  that  South  Africa's  participation  will  be  financed  from  the  resources 
provided  for  under  Title  VII  of  the  TDCA.  Where  resources  from  the  TDCA  are 
deployed  for  participation  in  operations  in  the  framework  of  ACP-EC  financial 
cooperation,  South  Africa  will  enjoy  the  right  to  participate  fully  in  the  decision-
making procedures governing implementation of such aid."; 

(b) 

the following paragraph is added: 

"4.  For the purpose of the investment financing provided for in Annex II, Chapter 
1, 
financial and  non-financial 
intermediaries established in South Africa can be eligible.". 

this  Agreement, 

funds  and 

investment 

to 

3. 

Article 5(3) is replaced by the following: 

"3.  This Protocol shall not prevent South Africa from negotiating and signing one 
of the Economic Partnership Agreements (EPA) provided for in Part 3, Title II of this 
Agreement if the other parties to that EPA so agree.". 

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

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FINAL ACT 

The Plenipotentiaries of: 

HIS MAJESTY THE KING OF THE BELGIANS, 

THE PRESIDENT OF THE REPUBLIC OF BULGARIA, 

THE PRESIDENT OF THE CZECH REPUBLIC, 

HER MAJESTY THE QUEEN OF DENMARK, 

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, 

THE PRESIDENT OF THE REPUBLIC OF ESTONIA, 

THE PRESIDENT OF IRELAND, 

THE PRESIDENT OF THE HELLENIC REPUBLIC, 

HIS MAJESTY THE KING OF SPAIN, 

THE PRESIDENT OF THE FRENCH REPUBLIC, 

THE PRESIDENT OF THE ITALIAN REPUBLIC, 

THE PRESIDENT OF THE REPUBLIC OF CYPRUS, 

THE PRESIDENT OF THE REPUBLIC OF LATVIA, 

THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, 

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, 

THE PRESIDENT OF THE REPUBLIC OF HUNGARY, 

THE PRESIDENT OF MALTA, 

HER MAJESTY THE QUEEN OF THE NETHERLANDS, 

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, 

THE PRESIDENT OF THE REPUBLIC OF POLAND, 

THE PRESIDENT OF THE PORTUGUESE REPUBLIC, 

THE PRESIDENT OF ROMANIA, 

THE PRESIDENT OF THE REPUBLIC OF SLOVENIA, 

THE PRESIDENT OF THE SLOVAK REPUBLIC, 

THE PRESIDENT OF THE REPUBLIC OF FINLAND, 

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THE GOVERNMENT OF THE KINGDOM OF SWEDEN, 

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

Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the 
European Union, hereinafter referred to as "the Member States", 

and of THE EUROPEAN UNION, hereinafter referred to as "the Union" or "the EU", 

of the one part, and 

the Plenipotentiaries of: 

THE PRESIDENT OF THE REPUBLIC OF ANGOLA, 

HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA, 

THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS, 

THE HEAD OF STATE OF BARBADOS, 

HER MAJESTY THE QUEEN OF BELIZE, 

THE PRESIDENT OF THE REPUBLIC OF BENIN, 

THE PRESIDENT OF THE REPUBLIC OF BOTSWANA, 

THE PRESIDENT OF BURKINA FASO, 

THE PRESIDENT OF THE REPUBLIC OF BURUNDI, 

THE PRESIDENT OF THE REPUBLIC OF CAMEROON, 

THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE, 

THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC, 

THE PRESIDENT OF THE UNION OF THE COMOROS, 

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO, 

THE PRESIDENT OF THE REPUBLIC OF CONGO, 

THE GOVERNMENT OF THE COOK ISLANDS, 

THE PRESIDENT OF THE REPUBLIC OF CÔTE D’IVOIRE, 

THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI, 

THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA, 

THE PRESIDENT OF THE DOMINICAN REPUBLIC, 

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66 

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THE PRESIDENT OF THE STATE OF ERITREA, 

THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA, 

THE PRESIDENT OF THE REPUBLIC OF THE FIJI ISLANDS, 

THE PRESIDENT OF THE GABONESE REPUBLIC, 

THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE GAMBIA, 

THE PRESIDENT OF THE REPUBLIC OF GHANA, 

HER MAJESTY THE QUEEN OF GRENADA, 

THE PRESIDENT OF THE REPUBLIC OF GUINEA, 

THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU, 

THE PRESIDENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA, 

THE PRESIDENT OF THE REPUBLIC OF HAITI, 

THE HEAD OF STATE OF JAMAICA, 

THE PRESIDENT OF THE REPUBLIC OF KENYA, 

THE PRESIDENT OF THE REPUBLIC OF KIRIBATI, 

HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO, 

THE PRESIDENT OF THE REPUBLIC OF LIBERIA, 

THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR, 

THE PRESIDENT OF THE REPUBLIC OF MALAWI, 

THE PRESIDENT OF THE REPUBLIC OF MALI, 

THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS, 

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA, 

THE PRESIDENT OF THE REPUBLIC OF MAURITIUS, 

THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA, 

THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE, 

THE PRESIDENT OF THE REPUBLIC OF NAMIBIA, 

THE GOVERNMENT OF THE REPUBLIC OF NAURU, 

THE PRESIDENT OF THE REPUBLIC OF NIGER, 

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THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, 

THE GOVERNMENT OF NIUE, 

THE GOVERNMENT OF THE REPUBLIC OF PALAU, 

HER  MAJESTY  THE  QUEEN  OF  THE  INDEPENDENT  STATE  OF  PAPUA  NEW 
GUINEA, 

THE PRESIDENT OF THE REPUBLIC OF RWANDA, 

HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS, 

HER MAJESTY THE QUEEN OF SAINT LUCIA, 

HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES, 

THE HEAD OF STATE OF THE INDEPENDENT STATE OF SAMOA, 

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

THE PRESIDENT OF THE REPUBLIC OF SENEGAL, 

THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES, 

THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE, 

HER MAJESTY THE QUEEN OF SOLOMON ISLANDS, 

THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA, 

THE PRESIDENT OF THE REPUBLIC OF SURINAME, 

HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND, 

THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA, 

THE PRESIDENT OF THE REPUBLIC OF CHAD, 

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE, 

THE PRESIDENT OF THE TOGOLESE REPUBLIC, 

HIS MAJESTY THE KING OF TONGA, 

THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO, 

HER MAJESTY THE QUEEN OF TUVALU, 

THE PRESIDENT OF THE REPUBLIC OF UGANDA, 

THE GOVERNMENT OF THE REPUBLIC OF VANUATU, 

THE PRESIDENT OF THE REPUBLIC OF ZAMBIA, 

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THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE, 

which States are hereinafter referred to as "ACP States", 

of the other part, 

meeting in Ouagadougou on the twenty-second day of June in the year two thousand and ten 
for the signature of the Agreement amending for the second time the Partnership Agreement 
between the members of the African, Caribbean and Pacific Group of States, of the one part, 
and the European Community and its Member States, of the other part, signed in Cotonou on 
23 June 2000, as first amended in Luxembourg on 25 June 2005, 

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

Declaration I: | Joint Declaration on Support for Market Access in the ACP-EC Partnership; | 

Declaration II: | Joint Declaration on Migration and Development (Article 13); | 

Declaration  III:  |  European  Union  Declaration  on  Institutional  Changes  Resulting  From  the 
Entry into Force of the Treaty of Lisbon; | 

and  have,  furthermore,  agreed  that  the  following  existing  declarations,  as  a  consequence  of 
the deletion of Annex V, have become obsolete: 

Declaration  XXII:  |  Joint  Declaration  concerning  agricultural  products  referred  to  in  Article 
1(2)(a) of Annex V; | 

Declaration XXIII: | Joint Declaration on Market Access in the ACP-EC Partnership; | 

Declaration XXIV: | Joint Declaration on rice; | 

Declaration XXV: | Joint Declaration on rum; | 

Declaration XXVI: | Joint Declaration on beef and veal; | 

Declaration XXVII: | Joint Declaration on the arrangements governing access to the markets 
of the French overseas departments for products originating in the ACP States referred to in 
Article 1(2) of Annex V; | 

Declaration  XXIX:  |  Joint  Declaration  on  products  covered  by  the  common  agricultural 
policy; | 

Declaration XXX: | ACP Declaration on Article 1 of Annex V; | 

Declaration XXXI: | Community Declaration on Article 5(2)(a) of Annex V; | 

Declaration XXXII: | Joint Declaration on non-discrimination; | 

Declaration XXXIII: | Community Declaration on Article 8(3) of Annex V; | 

Declaration XXXIV: | Joint Declaration on Article 12 of Annex V; | 

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69 

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Declaration XXXV: | Joint Declaration relating to Protocol 1 of Annex V; | 

Declaration XXXVI: | Joint Declaration relating to Protocol 1 of Annex V; | 

Declaration XXXVII: | Joint Declaration relating to Protocol 1 of Annex V on the origin of 
fishery products; | 

Declaration  XXXVIII:  |  Community  Declaration  relating  to  Protocol  1  of  Annex  V  on  the 
extent of territorial waters; | 

Declaration  XXXIX:  |  ACP  Declaration  relating  to  Protocol  1  of  Annex  V  on  the  origin  of 
fishery products; | 

Declaration XL: | Joint Declaration on the application of the value tolerance rule in the tuna 
sector; | 

Declaration XLI: | Joint Declaration on Article 6(11) of Protocol 1 of Annex V; | 

Declaration XLII: | Joint Declaration on rules of origin: cumulation with South Africa; | 

Declaration XLIII: | Joint Declaration on Annex 2 to Protocol 1 of Annex V. | 

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

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-------------------------------------------------- 

DECLARATION I 

Joint declaration on support for market access in the ACP-EC partnership 

The  Parties  recognise  the  significant  value  of  preferential  market  access  conditions  to  ACP 
economies,  specifically  for  the  commodity  and  other  agro-industry  sectors  which  are  of 
critical importance to the economic and social development of the ACP States and constitute a 
major contribution to employment, export earnings and Government revenue. 

The Parties acknowledge that some sectors have been undergoing, with EU support, a process 
of transformation aimed at allowing ACP exporters concerned to compete in the EU and the 
international  markets,  including  through  the  development  of  branded  and  other  value  added 
products. 

They also recognise that additional support could be necessary where greater liberalisation of 
trade  may  lead  to  deeper  alteration  of  market  access  conditions  for  ACP  producers.  To  that 
end,  they  agree  to  examine  all  necessary  measures  in  order  to  maintain  the  competitive 
position of the ACP States in the EU market. Such examination may include rules of origin, 
sanitary  and  phytosanitary  measures  and  implementation  of  specific  measures  addressing 
supply  side  constraints  in  the  ACP  States.  The  objective  will  be  to  enable  ACP  States  to 
exploit their existing and potential comparative advantage in the EU market. 

When  assistance  programmes  are  developed  and  resources  provided,  the  Parties  agree  to 
conduct  periodic  evaluations  to  assess  progress  and  the  results  attained  and  decide  on 
appropriate additional measures to be implemented. 

The Joint Ministerial Trade Committee shall monitor the implementation of this Declaration 
and make appropriate reports and recommendations to the Council of Ministers. 

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-------------------------------------------------- 

DECLARATION II 

Joint declaration on migration and development (Article 13) 

The  Parties  agree  to  strengthen  and  deepen  their  dialogue  and  cooperation  in  the  area  of 
migration, building on the following three pillars of a comprehensive and balanced approach 
to migration: 

1. 

2. 

3. 

Migration  and  Development,  including  issues  relating  to  diasporas,  brain  drain  and 
remittances; 

Legal migration including admission, mobility and movement of skills and services; 
and 

Illegal  migration,  including  smuggling  and  trafficking  of  human  beings  and  border 
management, as well as readmission. 

Without  prejudice  to  the  current Article 13, the Parties undertake to work out the details of 
this enhanced cooperation in the area of migration. 

They further agree to work towards the timely completion of this dialogue and to report about 
the progress made to the next ACP-EC Council. 

-------------------------------------------------- 

DECLARATION III 

European Union declaration on institutional changes resulting from the entry into force of the 
Treaty of Lisbon 

As  a  consequence  of  the  entry  into  force  of  the  Treaty  of  Lisbon  on  1  December  2009,  the 
European  Union  has  replaced  and  succeeded  the  European  Community  and  from  that  date 
exercises  all  rights  and  assumes  all  obligations  of  the  European  Community.  Therefore, 
references to "the European Community" in the text of the Agreement are, where appropriate, 
to be read as "the European Union". 

The European Union will propose to the ACP States an Exchange of Letters with the aim of 
bringing the Agreement into conformity with the institutional changes in the European Union 
resulting from the entry into force of the Treaty of Lisbon. 

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ANNEX II 

Draft letter to the ACP States 

(addressed to the ACP Secretariat) 

Dear Sir,  

Pursuant to Declaration n° III attached to the Final Act signed in Ouagadougou on the 22nd of 
June 2010 for the signature of the Agreement amending for the second time the Partnership 
Agreement  between  the  members  of  the  African,  Caribbean  and  Pacific  Group  of  States,  of 
the one part, and the European Community and its Member States, of the other part, signed in 
Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005. 

The EU and its Member states wish to inform the ACP Parties to the Partnership Agreement 
of these consequences of the institutional changes introduced by the Treaty of Lisbon for the 
interpretation of certain terms and provisions under the Agreement, as follows: 

(1) 

(2) 

(3) 

(4) 

all references to "the European Community" in the text of the Agreement are to be 
taken as references to "the European Union". 

all references to the "Delegations of the European Commission" and to their Head of 
Delegation are to be taken as references to the "Delegations of the European Union" 
and to their Head of Delegation.  

with  respect  to  Article  15,  the  Council  of  Ministers  shall  also  comprise  the  High 
Representative of the Union for Foreign Affairs and Security Policy, Vice-President 
of the European Commission, who shall hold the office of President alternately with 
a member of the government of an ACP State.  

with  respect  to  Article  16,  the  Committee  of  Ambassadors  shall  also  comprise  a 
representative  of  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 
Security  Policy,  who  shall  hold  the  office  of  Chairman  alternately  with  a  head  of 
mission designated by the ACP States.  

To ensure an effective endorsement by the ACP States of the consequences of the Treaty of 
Lisbon, the European Union would be obliged if you would confirm that the governments of 
the ACP States are in agreement with the content of this letter. 

For the European Union and its Member States,  

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