CELEX: 51980PC0783
Language: en
Date: 1980-11-25 00:00:00
Title: RECOMMENDATION FOR A COUNCIL REGULATION (EEC) concerning the conclusion of the Agreement on the accession of the Republic of Zimbabwe to the second ACP-EEC-Convention of Lomé#RECOMMENDATION FOR A COUNCIL REGULATION (EEC) concluding the Interim Agreement between the European Economic Community and the Republic of Zimbabwe#DRAFT DECISION OF THE ACP-CEE COUNCIL OF MINISTERS amending the list of landlocked ACP States (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 783
Vol. 1980/0246
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(80)783 final
                                            Brussels / 25th November 1980
             RECOMMENDATION FOR A COUNCIL REGULATION ( EEC )
  concerning the conclusion of the Agreement on the accession of the
    Republic of Zimbabwe to the second ACP- EEC-Convention of Lomé
                                              >
             RECOMMENDATION FOR A COUNCIL REGULATION ( EEC)\
                                                        -*■- l
                                                             PI
    concluding the Interim Agreement between the, European Economic
                 Community and the Republic of Zimbabwe      y
          DRAFT DECISION OF THE ACP-CEE COUNCIL OF MINISTERS
               amending the list of landlocked ACP States
             ( presented by the Commission to the Council )
 C0M(80 ) 783 final
 ---pagebreak---                         COMMISSION COMMUNICATION
      '    . ,              TO THE COUNCIL  ,
 On 4 November the Republic of Zimbabwe , the Community and the Member
 States signed , in Luxembourg, the Agreement on the accession of Zimbabwe
 to the second Lom§ Convention and the Interim Agreement between the EEC
 and the Republic of Zimbabwe .
                  i           *               •                      . -■
 The Commission 's recommendations therefore concern :
 i.     a draft Council regulation concluding the Agreement , on the
        accession of Zimbabwe to the second Lome Convention , and
                *                r               '
 ii .   a draft Council regulation concluding the Interim Agreement
        between the EEC and the Republic of Zimbabwe .
 The Commission also submits to the Council herewith a draft decision of
'the ACP-EEC Council of Ministers to include the Republic of Zimbabwe in
 the list of landlocked ACP States ( Article 155(3 ) (b) of Lome II ), in
 accordance with the undertaking given by the Cdmmunity in a declaration
 annexed to the final act of the accession agreement .
 ---pagebreak---                                                  AMI EX I
                          RECOMMENDATION POR
                     COUNGIL REGULATION ( EEC )
              concerning the conclusion of the Agreement
              on the accession of the Republic of Zimbabwe
              to the second AGP– EEC Convention of Lome
THE COUNCIL OF THE iiL'BOPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 233 thereof ,
Having regard to the recommendation from the Commission ,
Having regard to the opinion of the European Parliament ^,
Whereas the Agreement on the accession of the Republic of Zimbabwe to
                                      #2
the second ACP– EEC Convention of Lome , hereinafter referred to as the
'Convention *, and a Pinal Act , were signed in Luxembourg on 4 November 1980
by that State and the European Economic Community ;
Vihereas that Agreement should be concluded ,
1
2 OJ No .
 ---pagebreak--- HAS ADOPTED THIS REGULATION J
                           Article 1
                                   *                     ,       . ,   .
The Agreement on the accession of the Republic1 of Zimbabwe to the Convention ,
and the Final Act and. declarations annexed thereto , are hereby approved on
   ■ ■ ■                .                   '    -           \
behalf of the European Economic Community .
The texts referred to in the first paragraph are annexed to this Regulation .
                           Article 2
The President of the Council , as regards the Community , shall deposit the
act of notification of the" conclusion of the Agreement , in accordance with
Article 3(1 ) of the Agreement .
                           Article 3
Save where otherwise provided , any mention of the ACP States in the acts of
the Institutions of the' Community shall also refer to the Republic of Zimbabwe .
                           Article 4
                                                   ' · ν   ·
This Regulation shall enter into force on the third day following its -
publication in the Official Journal of the European Communities .
                                                                         • V
This Regulation shall be binding in its entirety and directly applicable
in all Member States .               '
Done at Brussels ,               ,             '                     '
                                       For the Council
                                          The President
* Footnote to be inserted in the OJs                           s             \
  "The date of entry into force of the Agreement will, be published in the
  Official Journal of the European Communities by the General Secretariat
  of the Council ."
 ---pagebreak---                   AGREEMENT
ON THE ACCESSION OF THE REPUBLIC OF ZIMBABWE
      TO THE SECOND ACP-EEC CONVENTION
      SIGNED AT LOME ON 31 OCTOBER 1979
                                          CEE / ZEV / e 1
 ---pagebreak---    HIS MAJESTY. THE KING OF THE BELGIANS , .
   HER MAJESTY THE QUEEN OP DENMARK ,
   THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY ,        \
  THE PRESIDENT OF THE- FRENCH REPUBLIC ,
  THE PRESIDENT OF IRELAND ,
  THE PRESIDENT OF THE ITALIAN REPUBLIC ,
  HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG ,
  HER MAJESTY THE QUEEN OF THE NETHERLANDS ,              1
  HER "MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN
  AND NORTHERN IRELAND ,"
  Contracting Parties to the Treaty establishing the " European
  Economic Community , ( hereinafter called "the Community ") signed
  at Rome on '25 March 1957 , and whose States are hereinafter
  referred to as "Member States " and                    '
 THE COUNCIL OF THE EUROPEAN COMMUNITIES , ■ . .     / ,
•                       on the one hand , and
                     Λ            ·,          .    ,
 THE PRESIDENT OF THE REPUBLIC OF ZIMBAEWE ,
                     •   on the other hand ,
 CEE / ZBW/ e 2
 ---pagebreak--- HAVING REGARD to the Treaty establishing the European Economic
Community , hereinafter called the " Treaty ",
HAVING REGARD to the Second ACP-EEC Convention between the
African , Caribbean and Pacific States and the European Economic
Community , signed at Lome on 31 October 1979 , hereinafter
called the " Convention ", and in particular Article 186 thereof ,
wHEREAS Zimbabwe has applied to accede to the Convention ;
WHEREAS the ACP-EEC Council of Ministers has approved the
application ,
HAVE DECIDED to conclude an Agreement on the accession of
Zimbabwe to the Convention , and to this end have designated
as their Plenipotentiaries :
HIS MAJESTY THE KING OF THE BELGIANS :
HER MAJESTY THE QUEEN OF DENMARK :
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY :
                                                    CEE / ZBW / e 3
 ---pagebreak---  THE PRESIDENT OP THE FRENCH REPUBLIC :
 THE PRESIDENT OP IRELAND :
THE PRESIDENT OP THE ITALIAN REPUBLIC :
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG :
HER MAJESTY THE QUEEN OF THE NETHERLANDS :
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND : '                   .
CEE / ZBW/ e
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE PRESIDENT OF THE REPUBLIC' OF ZIMBABWE :
WHO , having exchanged their Full Powers , found in good and
due form ,
HAVE AGREED AS FOLLOWS :
                           ARTICLE 1
1.       By this Agreement Zimbabwe accedes to the Convention .
2.       Save as otherwise provided in this Agreement , the
   provisions of the Convention and also the decisions and
   other implementing measures taken by the institutions of
   the Convention shall apply to Zimbabwe .
                                                    C EE / ZEW / e 5
 ---pagebreak---                                ARTICLE 2
                                                      •      f-
         The time limits laid down by the Convention and
 calculated from the entry into force of the Convention
 shall for the purpose of application to Zimbabwe be
 calculated from the entry into force of this Agreement .
                              ARTICLE 3
                                               Λ
 1.         As regards the Community , this Agreement shall Be '
      validly concluded by a decision of the Council of the
      European Communities taken in conformity with the provisions
                   s
      of the Treaty and notified to the Parties.' It shall be
      ratified by the Signatory States in conformity with their
      respective constitutional requirements .
2.          ^he instruments of ratification and the act of
    - notification of the conclusion of the Agreement shall be
      deposited , as regards Zimbabwe , with the Secretariat
      of the Council of the European. Communities and , as regards
      the Community and the Member States , with 'the Secretariat
      of the ACP States . The Secretariats shall forthwith give
      notice thereof to the Signatory States and the Community .
              Γ                              <   . * ·
                                        T
                              ARTICLE 4
        This Agreement shall enter into force on the first day
of the second month following the date of deposit of the
instruments of ratification of the Member States and of
Zimbabwe and of the act of notification of the conclusion
of the Agreement by the Community .
CEE / ZBW / e 6
 ---pagebreak---                               ARTICLE 5
       This Agreement , drawn up in two copies in the Danish ,
" utch , English , French , German and Italian languages , all
: exts being equally authentic , shall be deposited in the
 . rchives of the Secretariat of the Council of the European
Communities and with the Secretariat of the ACP States ,
which shall both transmit a certified copy to the Government
of each of the Signatory States .
                                                     CEE / ZBW / e 7
 ---pagebreak--- FINAL ACT
         4
           AF / CEE / ZBW /e
 ---pagebreak---  The Plenipotentiaries of
        His Majesty the King of the Belgians ,
        Her Majesty the Queen of Denmark ,
        The President of the Federal Republic of Germany ,
        The President of the French Republic ,
        The President of Ireland ,
        The President of the Italian Republic ,
        His Royal Highness the Grand Duke of Luxembourg ,
        Her Majesty the Queen of the Netherlands ,
        Her Majesty the Queen of the United Kingdom of Great
        Britain and Northern Ireland ,
        and the Council of the European Communities ,
                       of the one part , and
        the President of the Republic of Zimbabwe ,
                        of the other part ,
meeting at                         on
                  »
for the purpose of signing an Agreement on the accession of
Zimbabwe to the Second ACP-EEC Convention signed at Lome on
31 October 1979 between the African , Caribbean and Pacific
States and the European Economic Community , have adopted the
following text :
the Agreement on the accession of the Republic of Zimbabwe
to the Second ACP-EEC Convention .
       The Plenipotentiary of the President of the Republic
of Zimbabwe has stated that the Republic of Zimbabwe
associates itself with the Declarations listed below , which
constitute Annexes I to XXIV to the Final Act of the Second
ACP-EEC Convention . •
AF / CEE / ZBW / e 2
 ---pagebreak---      1 . Joint Declaration on the presentation of the Convention
                    • *             ,       •            . .
          to GATT ( Annex I )
          Joint Declaration on the arrangements governing access to
          the markets of the French Overseas Departments for product
         originating in the ACP States referred to in Article 2(2 )
         of the Convention ( Annex II )                         .        ,
    3 . Joint Declaration on Articles 9 and 11 of the Convention
          ( Annex III )
    4 . Joint Declaration on products covered by the Common
         Agricultural Policy ( Annex IV )      -
 ■     \ '■ .                 '■ -            -■ ■ :
   5 . Joint Declaration on trade between the European Economic
         Community' and Botswana , " Lesotho and Swaziland ( Annex V )
   6 . Joint Declaration on Article 46(3 ) of the Convention
         ( Annex VI )
. 7 . Joint Declaration on ACP-EEC consultations in the event
        of the establishment of a system for the stabilization
        of export earnings at world level ( Annex VII )
   8 . Joint Declaration , on the encouragement of mining
        investment ( Annex VIII )                    " .
   9 . Joint Declaration on investments relating to Article 6/1
        of the Convention ( Annex IX )
                                                             AF / CEE / ZBW / e . 3
 ---pagebreak---                                                                       .,11
10 , Joint Declaration on complementary financing      ^ irdacti'i ai
      co-operation ( Annex X )
11 . Joint Declaration on Article 82 of the Convention
       ( Annex XI )
12 ., Joint Declaration on Article 131 of the Convention
       ( Annex XII )
13 . Joint Declaration on Article 132 of the Convention
       ( Annex XIII )
1*1 . Joint Declaration reproducing the text of Articles 24 to
      27 of Protocol No 2 to the ACP-EEC Convention of Lome
      referred to in Article 142 of this Convention and the
      joint declaration on Article 26 of the said Protocol
      ( Annex XIV )
15 . Joint Declaration on workers who are nationals of one
      of the Contracting Parties and are residing legally in
      the territory of a Member State or an ACP State ( Annex XV )
16 . Joint Declaration on representation of regional economic
      groupings ( Annex XVI )
17 . Joint Declaration on Article 185 of the Convention
      ( Annex XVII )
18 . Joint Declaration on sea fishing ( Annex XVIII )
19 . Joint Declaration on shipping ( Annex XIX )
20 , Joint Déclaration on Protocol No 1 ( Annex XX )
21 . Joint Declaration on the origin of fishery products
      ( Annex XXI )
22 . Joint Déclaration on Protocol No 5 ( Annex XXII ;
AF / CEE / ZBW / e 4
 ---pagebreak---     23 . Joint Declaration on Article 1 of Protocol No 5 ( Annex XXIII )
   2b . Joint Declaration on Article 4 of Protocol No 5 ( Annex XXIV ).
            The Plenipotentiary of the President of the Republic
   of Zimbabwe has taken note of the Declarations listed below ,
   which constitute Annexes XXV - XL to the Final Act of the
   Second ACP-EEC Convention :
   1 . Community Declaration on trade liberalization ( Annex XXV )
   2i Community Declaration on Article 2(2 ) of the. Convention
         ( Annex XXVI )
  3 . Community Declaration on Article 3 of the Convention
        ( Annex XXVII )
       Community Declaration on Article 9(2 ) ( a ) of the Convention
        ( Annex XXVIII )
             ■    -
  5 . Community Declaration on Article 12(3 ) of the Convention
        ( Annex XXIX )
  6 . Community Declaration on Article 21 of the Convention
        ( Annex XXX )
ι
  7 . Community Declaration on Article 95 of the Convention
     ■ ( Annex XXI )     -
  8 . Community Declaration on Article 95 of the Convention
       ( Annex XXII )
                                                 AF / CEE / ZBW/ e 5
 ---pagebreak---    9 . Community Declaration on Article 15c of the C     ./ en'; ion
          ( Annex XXXIII )
10 . Declaration by the Representative of the Government of
        the Federal Republic of Germany concerning the definition
        of German nationals ( Annex XXXIV )
11 . Declaration by the Representative of the Government of
        the Federal Republic of Germany concerning the applicatior
        to Berlin of the Convention ( Annex XXXV )
12 . Community Declaration on Article 30 and 31 of the Convention
         ( Annex XXXVI )
13 . Community declaration relating to Frotocol No 1 on the
        extent of territorial waters ( Annex XXXVII )
14 . Community Declaration on Protocol No 2 ( Annex XXXVIII )
15 . Community Declaration relating to Frotocol No 2 on the
        operating expenses of the Institutions ( Annex XXXIX )
16 . Community Declaration on Protocol No 3 ( Annex XL )
           The Plenipotentiary of the President of the Republic
of Zimbabwe has stated that the Republic of Zimbabwe associates
itself with the Declarations listed below which constitute
Annexes XLI to XLIV' to the Final Act of the Second ACP-EEC
Convention :
1 . Declaration of the ACP States on Article 2 of the Convention
      ( Annex XLI )
AF / CEE / ZBW/ e 6
 ---pagebreak---   2 . Declaration of the ACP States on the scheme for mineral
       products ( Annex XLII )
 3 . Declaration by the ACP States ^ concerning Article 95 of
       the Convention ( Annex XLIII )
 4 . Declaration of the ACP States on the origin of fishery
      products ( Annex XLIV ) .
         The Plenipotentiaries of the Contracting Parties have
also adopted the . texts on the following declarations annexed
 to this Final Act .:
1 . Declaration on the trade regime
                                                                     *v
2 . Declaration on beef and veal                      '
3 . Declaration on sugar .
         The Plenipotentiary of the President of the Republic
of Zimbabwe has taken note of the following declaration
                                        /                           r   '
annexed to this Final Act :
      Community Declaration on Article 155 ( 3 ) ( b ) of the
      Convention .
        The Plenipotentiaries of the Member States and the
Plenipotentiary of the President of the Republic of v
Zimbabwe have also adopted the text of the Agreement on
products within the province of the European Coal , and Steel
Community .                      -    .
                                                         AF / CEE / ZBW/ e
 ---pagebreak---                                                            Annex 1
                    Declaration on the trade regime
      K,i . j.ng regard to Article 9 of the Second ACP-EEC
C invention and to the Declaration in Annex XXVIII to the
Convention , the Community recognizes , and the Government
of Zimbabwe declares :
- that if any modification to the Zimbabwe customs tariff
  and to its preferential arrangements with a developed
   third country is contemplated , the Government of
   Zimbabwe will enter into immediate consultations with
   the Community regarding such intentions ;
- that the Goverru-nent of Zimbabe and the Community will
  have immediate consultations at the request of either
  party , whenever the preferential treatment granted to
  another developed country might be considered as
  giving rise to a less favourable treatment for Community
  exports .
                                        AF / C EE / Z B W / A nne x e 1 / e 1
 ---pagebreak---                                                     Annex 2     7
                  Declaration on beef and veal
       Zimbabwe has taken note of the special regime , which
 has been introduced for the benefit of certain ACP States ,
 which are traditional exporters of beef and veal to the
 Community , as set out in the exchanges of letters on ACP
teef and veal dated 31 October 1979 .
      The Community , within the framework of the commitments
which it has taken in this respect , is prepared to apply
the same regime to Zimbabwe , from the date of its accession
to the Second ACP-EEC Convention for the remaining period
of the said Convention .
                                                                    - \
      For the first two years ,. the Community shall grant .
Zimbabwe an annual quantity of 8,100 metric tons of boned
or boneless beef and veal . For the remaining period , Zimbabwe
shall continue to benefit in the same way in respect , of an
annual quantity of 8,100 metric tons subject to the normal
application of the regime mentioned above .
      In subscribing to this declaration , Zimbabwe has stated
that the revenue accruing from the tax , equivalent to the levy
abatements , imposed on its beef and veal exports , will be used
to meet national priorities in the livestock sector , where
these relate to small-holder production notjably through :
- the improvement and . development of the veterinary services
   of small-holders :
                       V
                                     AF / ~EE / ZBW/ Annexe 2 / e 1
 ---pagebreak---                                                               - />
 - the improvement and development of abattoirs wh^ch provide
    significant services to small-holders ;
 - the improvement of extension , training and development
    services in favour of small scale producers .
AF / CEE / Z3W / Annex 2 /e 2
 ---pagebreak---                                                   Annex 3
                     Declaration on sugar
        The Community , noting that Zimbabwe was a party to
 the Commonwealth Sugar Agreement , agreed with Zimbabwe
 that it should enjoy the award of a quantity of sugar of
 25,000 metric tons of white equivalent per annum , and
 that in consequence it should become a member of the
 Protocol on ACP Sugar .
       The parties further agreed that immediately after
 the day of accession of Zimbabwe to the Second ACP-EEC
Convention and at the latest six months thereafter ,
Zimbabwe and the Commission will meet with a view' to •
determining by common agreement the timetable of the
quantities to be delivered in order to reach the quantity
specified in the preceding paragraph .          '                  v
       The Government of Zimbabwe , by agreeing to the text
of paragraph 1 , expects that the first supplies of
25,000 metric tons of sugar per annum will take place
during the delivery period 1982 / 1983 .
              ι              ,                           · .
       For its part , the Community confirms that it will
take the necessary steps to ensure that the objective
of 25,000 metric tons will be reached as soon as possible
and guarantees that , starting from the delivery period
1982 / 1983 , the price conditions provided for in the Protocol
on ACP Sugar will be applied to an annual quantity of
25,000 metric tons of sugar originating in Zimbabwe .
                                     AF / CEE / ZBW/ Annex 3 / e 1
 ---pagebreak---                                                    Annex b
                     Corrraumty Declaration
           on Article 155(3 ) ( b ) of the Convention
     The Community , by reason of the fact that Zimbabwe
is a land-locked State , will propose to the ACP-EEC Council
of Ministers that Zimbabwe , as from its accession , be
included in the list contained in Article 155(3)(b ) of the
Second ACP-EEC Convention .
                                           AF / CEE / ZBW / Annex «/e
 ---pagebreak---           Minutes of the Negotiations on the Agreement for the
        accession of Zimbabwe to the Second ACP-EEC Convention
                I
           In the context of the negotiations that have led to the
   conclusion of an Agreement for the accession of Zimbabwe to
   the Second ACP-EEC Convention , the Community negotiator for
  the benefit of the Zimbabwean Delegation :
, ( 1 ) handed over and commented on the texts on veterinary -
         and health provisions governing access to the Community
         of meat from third countries ;
                  '                      • '                    *
  ( 2 ) explained the problems caused to the Community by imports
         of tobacco , particularly from the ACP States , among which
         Zimbabwe would be playing an important role . In this
         connection , the Zimbabwean Delegation was informed of the
         special problems that would be caused by any increase
         in tobacco imports into . the Community over and above
         the average level for the last few years . The Zimbabwean
        Delegation was informed in this context of the mechanisms
        governing imports of tobacco into the Community ;
  ( 3 ) handed over and commented on certain information relating
        to the financial aspects of accession . In that context
        account has "been taken of the date of accession ;
                                                  PV/ CEE / ZBW/ e 1
 ---pagebreak--- ( 4 ) handed over the texts of the declaration - annexed co
      the Minutes of the signing of the Second ACP-EEC
      Convention and those contained in the Minutes of the
      Negotiations for the said Convention .
       The Zimbabwean Delegation noted the above .
Dr , Klaus Keyer                             A.J. Saicn
Director General for                         Permanent Secretary
Development                                  Kinistry of Commerce and
Commission of the                            Industry
European Communities
 FV / CEE / ZEW / e 2
 ---pagebreak---                AGREEMENT
ON PRODUCTS WITHIN THE PROVINCE OP THE
           EUROPEAN COAL AND
            STEEL COMMUNITY
                                  CECA / ZBW/ e 1
 ---pagebreak--- HIS MAJESTY THE KING OF THE BELGIANS ,
HER MAJESTY THE QUEEN OF DENMARK ,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY ,
THE PRESIDENT OF THE FRENCH REPUBLIC ,
THE PRESIDENT OF IRELAND , .
THE PRESIDENT OF THE ITALIAN REPUBLIC ,
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG ,
HER MAJESTY THE QUEEN OF THE NETHERLANDS ,
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND ,
Contracting Parties to the Treaty establishing the European
Coal and Steel Community signed in Paris on 17 April 1951 , whos
States are hereinafter referred to as " Member States ".
                    on the one hand , and
THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE ,
                       on the other hand ,
CECA / ZBW/ e 2
 ---pagebreak---  HAVING REGARD to the Treaty establishing the European
 Coal and Steel Community ,
 HAVING REGARD to the Treaty establishing the European
 Economic Community , and in particular Article 232 thereof ,
WHEREAS an Agreement on the accession of the Republic of
 Zimbabwe to the Second ACP-EEC Convention signed at Lome
on 31 October 1979 , has been signed this day ,
                                         ι
WHEREAS the Second ACP-EEC Convention does not apply to
products falling within the province of the European
Coal and Steel Community ,
DESIROUS however of developing trade in these products
between the Member States and Zimbabwe under the same
conditions established in the Agreement on products
within the province of the European Coal and Steel
Community between the Member States and the ACP States ,
signed at Lome on 31 October 1979 ,
HAVE DECIDED to conclude this Agreement and to this end
have designated as Plenipotentiaries :
                                              CECA / ZBW/ e 3
 ---pagebreak--- HIS MAJESTY THE KING OF THE BELGIANS :
HER MAJESTY THE QUEEN OF DENMARK :
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY :
THE PRESIDENT OF THE FRENCH REPUBLIC :
THE PRESIDENT OF IRELAND :
CECA / ZBW / e 4
 ---pagebreak---  THE PRESIDENT OP THE ITALIAN REPUBLIC :
                                          \
 HIS ROYAL HIGHNESS THE GRAND-DUKE OF LUXEMBOURG :
    V
 HER MAJESTY THE QUEEN OF NETHERLANDS :
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND :                -           /
THE PRESIDENT OF THE REPUBLIC OF ZIMBAEWE :
WHO , having exchanged their Full Powers , found in good and
due form ,
HAVE AGREED AS FOLLOWS :                 -                ' . -
                                                    CECA / ZBW/ e
 ---pagebreak---                             ARTICLE 1
       Products within the province of the European Coal and
Steel Community shall , when they originate in Zimbabwe , on
import into the Community , be admitted free of customs duties
and charges having equivalent effect .
                            ARTICLE 2
       Products referred to in Article 1 originating in the Member
States shall , on import into Zimbabwe , be admitted in
accordance with the provisions of Title 1 , Chapter 1 , of the
Second ACP-EEC Convention .
                            ARTICLE 3
       If the offers made by the firms of Zimbabwe are likely
to be detrimental to the functioning of the common market
and if any such detriment is attributable to a difference
in the conditions of competition as regards prices , Member
States may take appropriate measures , such as withdrawing
the concessions referred to in Article 1 .
                            ARTICLE 4
       Consultations shall take place between the parties
concerned in all cases , where , in the opinion of one of
them , the implementation of the above provisions , calls for
such consultations .
CECA / ZBW /e 6
 ---pagebreak---                                 ARTICLE 5
       The provisions laying down the rules of origin for the
 application of the Second ACP-EEC Convention shall also apply
 to this Agreement .                                              .   . ,
                               ARTICLE 6
       This Agreement shall not affect the provisions of the
                                                  /
 Treaty establishing the European Coal and Stsel Community ,
 nor the powers of jurisdiction conferred by that Treaty .
        /                    ' ARTICLE 7
      This Agreement shall be ratified by the Signatory
States .   It shall enter into force at the sane time as the
Agreement on the accession of the Republic cf Zimbabwe to
the Second ACP-EEC Convention .
                               ARTICLE, 8 •
                                            f
      This Agreement shall expire on 28 Febriary 1985 . 'It
shall cease to apply to any Signatory State which , under
Article 189 of the Second ACP-EEC Conventior , is no longer
a party to that Convention . :
                              ARTICLE 9
                       . ' '                             I  '  1 ·. ■
      This Agreement , drawn up in two originals , in the
Danish , Dutch , English , French , German and " talian languages ,
all texts being equally authentic , shall be deposited in
the archives of the Secretariat of the Council of the
European Communities and with the Secretariat of the ACP
States , which shall both transmit a certified copy to the
Government of each of the Signatory States .
                                                       CECA / ZBW/ e 7
 ---pagebreak---                                     COUNCIL REGULATION ( EEC )
                          concluding the Interim Agreement between
                          tr.e E ■                           " 'Tnm^ + r " nri     + v,e>
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Plaving regard, to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the recommendation from the Cc:. aaqsior.,
                              J
Whereas pending the entry au                                                ,- nc.' t on the accession of '
the Republic of Zimbabwe to                 hy         .          j„     Convention of Lome signed
£t Luxembourg on 4 November 1980 , the Interim Agreement between the ^
European Economic C'Muirunity and the Republic of Zimbabwe 3igned at
Luxembourg on the same day should be concluded ,
 ., 1 ?. .           T"IS REGULATION :                                                        .
                                                  Article       ;
     e 'Interim As."?*--' *        v - tvaerr -"'-he "5!.iro/ em <   -v.'--     c Jonirou. ity and tne
Republic of Zimb - L *- -               ue deo^Vi a             \r          » to Vb ? F'ii : 1 A t.a.r ^
4     – V, / ;-oj;?'Ov Ad c\n   ^                          y
                                                                                                  i
 ---pagebreak---       /                      - 2 -
                           Article 2
  The President of the Council , as regards the Community , shall give the
                                                                   Λ
  notification provided for in Article 5 of "the Interim Agreement .
                           Article 3
^ This Regulation shall enter into force on 1 January 1981 .
  This Regulation shall be binding in its entirety and directly applicable
  in all Member States .
  Done at Brussels ,
                                       _        For the Council
                                                  The President
                                                     /          I
  A            ■    >           ^                  '   ■
    The date of entry into force of the Agreement will be published in
    the Official Journal of the European Communities by the General
    Secretariat of the Council .
 ---pagebreak---                                            k\KEX
                INTERIM AGREEMENT
                      BETWEEN
           THE EUROPEAN ECONOMIC COMMUNITY
           AND THE REPUBLIC OF ZIMBABWE
1067^ / 80
 ---pagebreak---   THE COUNCIL OF THE EUROPEAN COMMUNITIES , '
                                   of the one part , and
  THE . PRESIDENT OP THE REPUBLIC OF ZIMBABWE ,
                                   of the other part^,
  WHEREAS the second ACP-EEC Convention , signed at Lome on
  31 October. 1979 , hereinafter referred to as the " Convention ",
  w' 11 - enter into force , as soon as the necessary procedures
  are completed ;                            '
  WHEREAS Zimbabwe has applied to accede' to the Convention
  and the ACP-EEC Council of Ministers , by its Decision No 6 / $0
  of 9 May 1980 , has approved this request ; ' .' ;           -
  WHEREAS an agreement on Zimbabwe 's accession was signed
  on                       between the Community and its Member •
  States on the one hand and Zimbabwe on the other and that
  the agreement cannot enter into force until a certain
. period of - time has elapsed ;           "    "
  WHEREAS it is appropriate , pending the entry into fol?ce of
  the aforementioned accession agreement , to establish
                                                           '■ ' f
  transitional trade arrangements as from 1 January 1981 Which
  would replace those - introduced untilaterally by the Community
  by virtue of Council Regulation ( EEC ) No 120 / 80;'
  10674 / 90             '                                   ,      E
  ANNNEX I
 ---pagebreak--- WHEREAS these transitional arrangements can , at this stag
be made to correspond to the Convention 's provisions on
 trade ,
HAVE DECIDED to conclude this Interim Agreement and have
 designated as their Plenipotentiaries :
' 'ME COUNCIL OF THE EUROPEAN COMMUNITIES :
 THE PRESIDENT OP THE REPUBLIC OF ZIMBABWE :
  10674 / 80
  ANNEX I
 ---pagebreak---                                             ARTICLE 1
                       From 1 January 1981 until the entry into force of the
            agreement on the accession of the Republic of Zimbabwe to >                                     . -
       , the Convention , trade relations between the Community and
            Zimbabwe shall be governed by provisions corresponding to ,
            the trade arrangements laid down in Articles i to 19 of the
            Convention , in Protocol No 1 . concerning the definition of the
           , oncept o.f " oringating products " and methods of administrative
            co-operation , Protocol No .; 4 on bananas . and Proto-col No . 5 . * .
              a rum , annexed to the said Convention . .
                                  ■                 ,                      .     ' „                 #
          ( y          The provisions of Articles 1 to 19 of the Convention .
   .        are set out in the Annex to this Interim Agreement / which                          , ,
' /         sha 1 form an integral part thereof .
                     -    *                         ' \                                       •
                                    • _     ARTICLE 2                    /
                       For the purpose of applying the texts referred to in
     ^ Article , 1 :                                                 x
            - '"the word " Convention " shall be replaced by " Interim
                Agreement"'; •"              .                   1                                   /
                                                         •     *             •                   1
      ' ~                                                                      ^     Ν ,    _      '      .
            - " Zimbabwe " shall replace references to " ACP State(s ),                                 •       v
                except in the application of Protocol No . 1 , in which
                the words " ACP State ( s )" also cover " Zimbabwe : •                                       V
                                                                                         • • */1 » t
            106 ?• 4 / 80     <»-       • /
                                                       '
                                                      β·
                                                           '                                          'E
             • MÎT ] .  I                         .          .     .   :
 ---pagebreak--- - the powers^ invested m the ACP-EEC Council of Ministers
  and in the other bodies provided for under the Convention
  shall be exercised jointly by the Community and Zimbabwe ,
- the reference , which appears in the third subparagraph
  of Article 1 of the Convention , to measures under
  Titles V , VI ; and VII of the Convention shall not
  apply .
                            ARTICLE 3
      Save for the special provisions on relations between
Zimbabwe and the French overseas departments , provided for
in this Agreement-, this Agreement shall apply , on the one
hand , to those territories in which the Treaty establishing
the European Economic Community is applied and under the
conditions set out in that Treaty and , on the other hand , t
the territory of the Republic of Zimbabwe .
                            ARTICLE 4
      The arrangements applicable to trade between the ACP
States ana Greece as from 1 January 1 9 8 1 shall also apply
to trade between Zimbabwe and Greece .
106 ^ 780
ANNEX I
 ---pagebreak---                               ARTICLE 5
                                  4                           *
 1.         This Agreement shall be subject to ratification ,
     acceptance or approval in accordance with the Contracting
     Parties' own procedures and the Parties shall notify
     one another of the completion of the procedures necessary
     for that purpose .                   '
                I               .                                -
.2 .        This Agreement shall enter into force on 1 January 1981
     if the notifications referred to in paragraph 1 have been
     given by that date . Otherwise , it shall enter into force
     on the first day of the second month following the date on
     which the notifications referred to in , paragraph 1 are
     given .
                              ARTICLE 6
       , The Protocols annexed to this Agreement shall form an
 integral part thereof .
                              ARTICLE 7
      , This Agreement is drawn up in duplicate in the Danish ,
 Dutch , English , French , German and Italian langugages , each
 text being equally authentic .
 10647 / 80                                                        E
 ; mnex I
 ---pagebreak---                              - 7 -
For the record :
- Articles 1 to 19 of the Convention
- Protocols Nos 1 , 4 and 5 of the Convention
10674 / 80                                    E
( ANNEX I )
 ---pagebreak---               FINAL ACT
           i'
10674 / 80
( ANNfeX )
 ---pagebreak---                                 - 9 -
The Plenipotentiaries
      of the Council of the European Communities ,
                      of the one part , and
the Plenipotentiary
      of the President . of the Republic of Zimbabwe ,
                       of the other part ,
meeting in                   on                 , for the
signing of the Interim Agreement between the European
Economic Community and the Republic of Zimbabwe , have
adopted the following texts :
    the Interim Agreement between the European Economic
    Community and the Republic of Zimbabwe , and the Annex
    thereto ,
    Protocol No 1 concerning the definition of the concept
    of " originating products " and methods of administrative
    co-operation ,
    Protocol No 4 on bananas ,
    Protocol No 5 on rum ,
these Protocols forming an integral part of the second ACP-EEC
Convention , signed in Lome on 31 October 1979 .
      The Plenipotentiaries of the Member States and of the
Community and the Plenipotentiary of Zimbabwe have also
agreed that the following Declarations annexed to the Final
Act of the Convention shall be applicable mutatis mutandis :
                                                          • • • / • • ♦
10674 / 80                                                            E
( ANNEX I )
 ---pagebreak---                                  - 10 -
 1 . 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 2(2 ) of the Convention ( Annex II ).
2 . Joint declaration on Articles 9 and 11 of the Convention
     ( Annex III ).      ,      ■ '                          . .
3 . Joint declaration on products covered by the common
     agricultural policy ( Annex IV ).
H . Joint déclaration on Protocol No 1 ( Annex XX ).
5 . Joint déclaration on Protocol No 5 ( Annex XXII ).
6 . Joint . declaration on , Article 1 of Protocol No 5 ( Annex XXIII )
                    i
7 . Joint declaration on Article 4 of Protocol No 5
     ( Annex XXIV ).
        They have also adopted the text of the following joint
declaration :.                          ,                  v
8 . Joint declaration on Article 9(2 ) of the Convention :
             • -                          ·              ι
     Having regard to Article 9 of the second ACP-EEC
     Convention and to the Declaration in Annex XXVIII to the
     Convention , the Community recognizes and the Government       .
     of Zimbabwe declares :
                                                                 . ...
10674 / 80                                                              E
                                                                      <
( ANNEX I )
 ---pagebreak---                                - 11 -
         - that if any modification to the Zimbabwe tariff
           and to its preferential arrangements with a developed
           third country is contemplated , the Government of
           Zimbabwe will enter into immediate consultations
           with the Community regarding such intentions ;
         - that the Government of Zimbabwe and the Community
           will have immediate consultations at the request of
           either party , whenever the preferential treatment
           granted to another developed country might be
           considered as giving rise to less favourable
           treatment for Community exports .
        The Plenipotentiary of the Republic of Zimbabwe has
taken note of the content , mutatis mutandis , of the following
declarations annexed to the Final Act of the Convention :
  9 . Community declaration on trade liberalization ( Annex XXV ).
10 . Community declaration on Article 2(2 ) of the Convention
      ( Annex XXVI ) .
11 . Community declaration on Article 3 of the Convention
      ( Annex XXVII ).
12 . Community declaration on Article 9(2 ) ( a ) of the
      Convention ( Annex XXVIII ).
13 . Community declaration on 12(3 ) of the Convention
      ( Annex XXIX ).
14 . Community declaration on Articles 30 and 31 of
      Protocol No 1 ( Annex XXXVI ) .
                                                            • • »/• • •
1067^ / 80                                                            E
( ANNEX I )
 ---pagebreak---                            - 12 -
Por the record :
Declarations annexed to the Final Act
10674 / 80
( ANNEX I )
 ---pagebreak---                                                            ANNEX III
             DECISION           OF THE ACP- EEC COUNCIL OF MINISTERS
                  amending the list of landlocked ACP States
THE ACP-EEC OOUNCIL OF MINISTERS ,
Having regard to the second ACP–EEC Convention of Lome signed on
31 October 1 979 » hereinafter referred to as the 'Convention 1 , and in
particular Article 155(3 ) ( b ) thereof ,
Having regard to the accession of the Republic of Zimbabwe to the
Convention ,
Whereas the Republic of Zimbabwe is a landlocked state ,
HAS DECIDED AS FOLLOWS :
                                  Article 1
The Republic of Zimbabwe shall be added to the list of ACP States referred
to in Article 155(3 ) ( h ) of the Convention .
                                  Article 2
This Decision shall enter into force on
                                  Article 3
The ACP States , the Member States and the Community shall be required , each
for its own part , to take the necessary steps to implement this Decision .
Done at .
                                       For the ACP-EEC Council of Ministers
                                                     The President