CELEX: 52000PC0324(02)
Language: en
Date: 2000-05-23
Title: Proposal for a Council Decision concerning the conclusion of the Partnership Agreement between the African Caribbean and Pacific States on the one part, and the European Community and its Member States, on the other part

Important legal notice

|

52000PC0324(02)

Proposal for a Council Decision concerning the conclusion of the Partnership Agreement between the African Caribbean and Pacific States on the one part, and the European Community and its Member States, on the other part  /* COM/2000/0324 final - AVC 2000/0124 */  

Official Journal 240 E , 28/08/2001 P. 0005 - 0040


Proposal for a COUNCIL DECISION concerning the conclusion of the Partnership Agreement between the African Caribbean and Pacific States on the one part, and the European Community and its Member States, on the other part(presented by the Commission)EXPLANATORY MEMORANDUMGeneral(1) By means of a decision of 29 June 1998, the Council authorised the Commission to open negotiations with the ACP States with a view to concluding a Partnership Agreement to succeed to the Lomé Convention, and approved negotiating directives to that end. (2) The negotiations took place between 30 September 1998 and 3 February 2000. (3) The Commission considers that the Agreement conforms to the negotiating directives adopted by the Council on 29 June 1998.(4) The new Agreement marks a fundamental reform of the relationship between the ACP States and the Community and its Member States, building on the acquis of the previous successive Lomé Conventions.(5) The Agreement is to be concluded for a twenty year-period, with a possibility for a revision every five years, and a financial protocol for each five-year period. Some components of the Agreement such as implementation procedures for financial support or sectoral policy guidelines will be reviewed and adapted, if necessary, by the ACP-EC Council of Ministers, which as a rule will meet once a year. This new approach should allow for more flexibility and give the opportunity to adapt the co-operation system to changing realities.(6) As regards trade arrangements, a specific timetable has been agreed as indicated below (point 13). (7) The new Agreement combines politics, trade and development. It is based on five interdependent pillars: - a comprehensive political dimension, - the promotion of participatory approaches, - a strengthened focus on the objective of poverty reduction, - the setting up of a new framework for economic and trade co-operation, - and a reform of financial co-operation.(8) The Agreement contains provisions for an enhanced political dialogue between the parties. The respect for human rights, democratic principles and the rule of law are essential elements of the partnership. A consultation procedure has been drawn up for cases of violation of these essential elements. In cases of special urgency appropriate measures may be taken without prior consultation.(9) The Agreement also contains a commitment to good governance as a fundamental element of the partnership, and a consultation procedure in serious cases of corruption.(10) The Agreement contains innovative provisions to promote participatory approaches with a view to ensuring the involvement of civil society and economic and social players by- providing them with adequate information on the ACP-EU Partnership Agreement, in particular within the ACP countries,- ensuring the consultation of civil society on the economic, social and institutional reforms and policies to be supported by EU, - facilitating non-State actors' involvement in the implementation of programmes and projects,- providing non-State actors with adequate support for capacity building, and- encouraging networking and links between ACP and EU actors.(11) Poverty reduction is the central objective of the new partnership as formulated in the general provisions of the Agreement and in the provisions which will guide Development strategies. Co-operation strategies will reflect international commitments including conclusions of UN conferences, international development targets, in particular the OECD DAC strategy.(12) The EU and the ACP States have agreed on a process to establish new trading arrangements that will pursue trade liberalisation between the parties and formulate provisions in trade-related matters. The objectives of economic and trade co-operation are:- To promote smooth and gradual integration of ACP economies into the world economy- To enhance production , supply and trading capacities- To create new trade dynamics and foster investment- To ensure full conformity with WTO provisions(13) The negotiations on economic partnership agreements will start by September 2002 at the latest. The present regime will be maintained during the preparatory period (2000 - 2008 at the latest).(14) The Agreement contains provisions for co-operation in the trade-related areas.(15) Development Finance co-operation will be implemented on the basis of and be consistent with the development objectives, strategies and priorities established by the ACP States, at both national and regional levels. It will be based on the following principles:(a) promote local ownership at all levels of the development process;(b) reflect a partnership based on mutual rights and obligations; (c) emphasise the importance of predictability and security in resource flows, granted on highly concessional terms and on a continuous basis;(d) 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;(e) ensure efficiency, co-ordination and consistency.(16) The instruments have been regrouped and rationalised. The totality of EDF resources available will be channelled through two instruments - one envelope for providing grants and one for providing risk capital and loans to the private sector.The proposal(17) For the reasons above the Commission considers that this Agreement should be concluded on behalf of the Community. Therefore the Commission proposes that the Council approves the text of the Agreement and adopts the proposals in the Annex. Since the Agreement is a mixed Agreement it will also have to be ratified by the Member States according to their constitutional provisions.(18) The Commission considers that a favourable answer must be given to the request from six countries in the Pacific to become members of the ACP-EC Partnership Agreement. These countries (Federated States of Micronesia, Republic of Marshall Islands, Palau, Nauru, Cook Islands and Niue) should thus be added to the list of signatory States in the Final Act. (19) The proposal concerning the signing authorises the President of the Council to designate the person empowered to sign the Agreement on behalf of the Community.(20) The proposal concerning the conclusion authorises the President of the Council to designate the person empowered to deposit the instrument of approval on behalf of the European Community. Article 3 of this proposal refers to the procedure to be applied in case of violation of one of the essential elements or in serious cases of corruption. It maintains the provisions of the Council decision 1999/214/EC (OJ L 75, 20.3.1999). The European Parliament will be asked to give its assent to the conclusion of the Agreement. 2000/0124 (AVC)Proposal for a COUNCIL DECISIONconcerning the conclusion of the Partnership Agreement between the African Caribbean and Pacific States on the one part, and the European Community and its Member States, on the other partTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and in particular its Article 310 in connection with the second phrase of article 300 (2) and the second subparagraph of paragraph 3,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament,Whereas (1) pursuant to Article 96 of the Partnership Agreement the party which considers that another party has failed to fulfil an obligation in respect of one of the essential elements referred to in Article 9 may invite the other party to hold consultations and, in certain circumstances, take appropriate measures, including where necessary, the partial or full suspension of application of the Partnership Agreement to the party concerned; (2) pursuant to Article 97 of the Partnership agreement the party which considers that a serious case of corruption has occurred may invite the other party to hold consultations and, in certain circumstances, take appropriate measures, including where necessary, the partial or full suspension of application of the Partnership agreement to the party concerned; (3) an effective procedure should be adopted when it is intended to take appropriate measures under Article 96 or Article 97 of the Partnership Agreement,(4) the position of the Community on request for derogations from the rules of origin set out in Protocol No 1 to the ACP_EC Partnership Agreement is established by the Commission in accordance with the provisions of Council decision No.......of....";.(5) the Partnership Agreement between the African Caribbean and Pacific States on the one part, and the European Community and its Member States, on the other part, signed in ..... on ......... should be approved.HAS DECIDED AS FOLLOWS:Article 1The Partnership Agreement between the African Caribbean and Pacific States on the one part, and the European Community and its Member States, on the other part, together with the Annexes and Protocols attached thereto and the declarations made by the Community unilaterally or jointly with other parties that are attached to the Final Act are hereby approved on behalf of the European Community.The texts of the Agreement, Annexes, Protocols and the Final Act are attached to this Decision.Article 2The President of the Council shall be authorised to designate the person empowered to deposit the instrument of approval as required by Article 93 (2) of the Agreement on behalf of the European Community.Article 31. Where, at the initiative of the Commission or a Member State, the Council considers that an ACP State has failed to fulfil an obligation concerning one of the essential elements referred to in Article 9 of the Partnership agreement, or in serious cases of corruption, the ACP State concerned shall be invited unless there is special urgency to hold consultations in accordance with Articles 96 and 97 of the Partnership Agreement. The Council shall act by a qualified majority.In the consultations, the Community shall be represented by the Presidency of the Council and the Commission.2. If, on expiry of the deadlines set in Articles 96 and 97 for the consultations and despite all efforts, no solution has been found, or immediately in a case of urgency or refusal to hold consultations, the Council may, pursuant to those Articles, decide, on a proposal from the Commission, to take appropriate measures including partial suspension acting by a qualified majority. The Council shall act unanimously in case of a full suspension of application of the Partnership Agreement in relation to the ACP State concerned.These measures shall remain in force until such time as the Council has used the applicable procedure as set out in the first subparagraph to take a decision amending or revoking the measures adopted previously, or where applicable, for the period indicated in the Decision. For that purpose the Council shall proceed to review regularly and at least every six months the above measures.The President of the Council shall notify the measures thus adopted to the ACP State concerned and to the Council of Ministers before they enter into force. The Council's Decision shall be published in the Official Journal of the European Communities. Where the measures are adopted immediately, notification thereof shall be addressed to the ACP State and to the Council of Ministers at the same time as an invitation to hold consultations.3. The European Parliament shall be immediately and fully informed on any decision taken under Paragraphs 1 and 2.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, For the CouncilThe PresidentPARTNERSHIP AGREEMENT BETWEEN THE AFRICAN CARIBBEAN AND PACIFIC STATES AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATESTABLE OF CONTENTSPREAMBLE 11PART 1 : GENERAL PROVISIONS 13Title I - Objectives, principles and actors 13Chapter 1 : Objectives and principles 13Chapter 2 : The actors of the partnership 15Title II - The political dimension 17PART 2 : INSTITUTIONAL PROVISIONS 23PART 3 : CO-OPERATION STRATEGIES 26Title I - Development strategies 26Chapter 1 : General framework 26Chapter 2 : Areas of support 28Section 1 : Economic development 28Section 2 : Social and human development : 32Section 3 : Regional Co-operation & integration 34Section 4 : Thematic and cross-cutting issues 36Title II - Economic and trade Co-operation 39Chapter 1 : Objectives and principles 39Chapter 2 : New trading arrangements 41Chapter 3 : Co-operation in the international fora 43Chapter 4 : Trade in Services 44Chapter 5 : Trade-related areas 46Chapter 6 : Co-operation in other areas 51PART 4 : DEVELOPMENT FINANCE CO-OPERATION 52Title I - General Provisions 52Chapter 1 : Objectives, principles, guidelines and eligibility 52Chapter 2 : Scope and Nature of Financing 55Title II - Financial Co-operation 57Chapter 1 : Financial resources 57Chapter 2 : Debt and Structural Adjustment support 59Chapter 3 : Support in cases of short-term fluctuations in export earnings 61Chapter 4 : Support for sectoral policies 62Chapter 5 : Microprojects and decentralised co-operation 63Chapter 6 - Humanitarian and emergency assistance 64Chapter 7 : Investment and private sector development support 66Title III - Technical Co-operation 69Title IV - Procedures and Management Systems 71PART 5 : GENERAL PROVISIONS FOR THE LEAST-DEVELOPED, LANDLOCKED AND ISLAND ACP STATES 73Chapter 1 : General provisions 73Chapter 2 : Least-developed ACP States 74Chapter 3 : Landlocked ACP States 74Chapter 4 : Island ACP States 75PART 6 : FINAL PROVISIONS 76PREAMBLEHaving regard to the Treaty establishing the European Community, on the one hand, and the Georgetown Agreement establishing the Group of African, Caribbean and Pacific States, on the other;Affirming their commitment to work together towards the achievement of the objectives of poverty eradication, sustainable development and the gradual integration of the ACP countries into the world economy;Asserting their resolve to make, through their co-operation, a significant contribution to the economic, social and cultural development of the ACP States and to the greater well-being of their population, helping them facing the challenges of globalisation and strengthening the ACP-EU partnership in the effort to give the process of globalisation a stronger social dimension; Reaffirming their willingness to revitalise their special relationship and to implement a comprehensive and integrated approach for a strengthened partnership based on political dialogue, development co-operation and economic and trade relations;Acknowledging that a political environment guaranteeing peace, security and stability, respect for human rights, democratic principles and the rule of law, and good governance is part and parcel of long term development; acknowledging that responsibility for establishing such an environment rests primarily with the countries concerned; Acknowledging that sound and sustainable economic policies are prerequisites for development;Referring to the principles of the Charter of the United Nations, and recalling the Universal Declaration of Human Rights, the conclusions of the 1993 Vienna Conference on Human Rights, the Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Elimination of all forms of Discrimination against Women, the International Convention on the Elimination of all forms of Racial Discrimination, the 1949 Geneva Conventions and the other instruments of international humanitarian law, the 1954 Convention relating to the status of stateless persons, the 1951 Geneva Convention relating to the Status of Refugees, the 1967 New York Protocol relating to the Status of Refugees, Considering the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe, the African Charter on Human and Peoples' Rights and the American Convention on Human Rights as positive regional contributions to the respect of human rights in the European Union and in the ACP States; Recalling the Libreville and Santo Domingo declarations of the Heads of State and Government of the ACP countries at their Summits in 1997 and 1999;Considering that the development targets and principles agreed in United Nations Conferences and the target, set by the OECD Development Assistance Committee, to reduce by one half the proportion of people living in extreme poverty by the year 2015 provide a clear vision and must underpin ACP-EU co-operation within the Agreement;Paying particular attention to the pledges made at the Rio, Vienna, Cairo, Copenhagen, Beijing, Istanbul and Rome UN 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;Anxious to respect basic labour rights, taking account of the principles laid down in the relevant conventions of the International Labour Organisation;Recalling the commitments within the framework of the World Trade Organisation;have decided to conclude this Agreement:PART 1 : GENERAL PROVISIONSTitle I - Objectives, principles and actorsChapter 1 : Objectives and principlesArticle 1  Objectives of the partnershipThe Community and its Member States, of the one part, and the ACP States, of the other part, hereinafter referred to as the "Parties" hereby conclude this Agreement in order to promote and expedite the economic, cultural and social development of the ACP States, with a view to contributing to peace and security and to promoting a stable and democratic political environment. The partnership shall be centred on the objective of reducing and eventually eradicating poverty consistent with the objectives of sustainable development and the gradual integration of the ACP countries into the world economy.These objectives and the Parties' international commitments 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.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 shall be applied and integrated at every level of the partnership.Article 2  Fundamental principlesACP-EC co-operation, underpinned by a legally binding system and the existence of joint institutions, shall be 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 elements described in Article 9; the partnership shall encourage ownership of the development strategies by the countries and populations concerned;- participation: apart from central government as the main partner, the partnership shall be open to different kinds of other actors, in order to encourage the integration of all sections of society, 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: the obligations assumed by the Parties in the framework of their dialogue shall be central to their partnership and co-operation relations;- differentiation and regionalisation: co-operation arrangements and priorities shall vary according to a partner's level of development, its needs, its performance and its long-term development strategy. Particular emphasis shall be placed on the regional dimension. Special treatment shall be given to the least-developed countries. The vulnerability of landlocked and island countries shall be taken into account.Article 3  Achievement of the Agreement's objectives The contracting Parties shall, each as far as it is concerned in the framework of this Agreement, take all appropriate measures, whether general or particular, to ensure the fulfilment of the obligations arising from this Agreement and to facilitate the attainment of its objectives. They shall refrain from any measures liable to jeopardise these objectives.Chapter 2 : The actors of the partnershipArticle 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 co-operation programmes foreseen under this agreement. However, the parties recognise the complementary role of and potential for contributions by non-state actors to the development process. To this end, under the conditions laid down in this Agreement, non-state actors shall, where appropriate:- be informed and involved in consultation on co-operation policies and strategies, on priorities for co-operation especially in areas that concern or directly affect them, and on the political dialogue;- 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 co-operation project and programmes in areas that concern them or where these actors have a comparative advantage;- be provided with capacity-building support in critical areas in order to reinforce the capabilities of these actors, particularly as regards organisation and representation, and the establishment of consultation mechanisms including channels of communication and dialogue, and to promote strategic alliances.Article 5 InformationCo-operation will support operation to provide more information and create greater awareness of the basic features of ACP-EU partnership. Co-operation will also:- encourage partnership and build links between ACP and EU actors;- strengthen networking and exchange of expertise and experience among the actors.Article 6.  Definitions 1. The actors of co-operation will include:(a) State (local, national and regional);(b) Non-state:- Private sector;- Economic and social partners, including trade union organisations; - Civil Society in all its forms according to national characteristics.2. Recognition by the parties of non-governmental actors shall depend on the extent to which they address the needs of the population, on their specific competencies and whether they are organised and managed democratically and transparently.Article 7 Capacity building The contribution of civil society to development can be enhanced by strengthening community organisations and non-profit non-governmental organisations in all spheres of co-operation. This will require:- Encouraging and supporting the creation and development of such organisations; - Establishing arrangements for involving such organisations in the design, implementation and evaluation of development strategies and programmes.Title II - The political dimensionArticle 8  Political dialogue1. The Parties shall regularly engage in a comprehensive, balanced and deep political dialogue leading to commitments on both sides. 2. The objective of this dialogue shall be to exchange information, to foster mutual 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 co-operation as laid down in this Agreement. The dialogue shall facilitate consultations between the Parties within international forums. The objectives of the dialogue shall also include preventing situations arising in which one Party might deem it necessary to have recourse to the non-execution clause. 3. The dialogue shall cover all the aims and objectives laid down in the Agreement as well as all questions of common, general, regional or sub-regional interest. Through dialogue, the Parties shall contribute to peace, security and stability and promote a stable and democratic political environment. It shall encompass co-operation strategies as well as global and sectoral policies, including environment, gender, migration and questions related to the cultural heritage. 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 the Agreement, such as the arms trade, excessive military expenditure, drugs and organised crime, or ethnic, religious or racial discrimination. The dialogue shall also 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 co-operation.6. The dialogue shall be conducted in a flexible manner. Dialogue shall be formal or informal according to the need, and conducted within and outside the institutional framework, in the appropriate format, and at the appropriate level including regional, sub-regional or national level.7. Regional and sub-regional organisations as well as representatives of civil society organisations shall be associated to this dialogue.Article 9  Essential Elements and Fundamental Element1. Co-operation shall be directed towards sustainable development centred on the human person, who is the main protagonist and beneficiary of development; this entails respect for and promotion of all human rights.Respect for all human rights and fundamental freedoms, including respect for fundamental social rights, democracy based on the rule of law and transparent and accountable governance are an integral part of sustainable development.2. The parties refer to their international obligations and commitments concerning respect for human rights. They reiterate their deep attachment to human dignity and human rights, which are legitimate aspirations of individuals and peoples. Human rights are universal, indivisible and inter-related. The parties undertake to promote and protect all fundamental freedoms and human rights, be they civil and political, or economic, social and cultural. In this context, the parties reaffirm the equality of men and women.The parties reaffirm that democratisation, development and the protection of fundamental freedoms and human rights are inter-related and mutually reinforcing. Democratic principles are universally recognised principles underpinning the organisation of the state to ensure the legitimacy of its authority, the legality of its actions reflected in its constitutional, legislative and regulatory system, and the existence of participatory mechanisms. On the basis of universally recognized principles, each country develops its democratic culture. The structure of government and the prerogatives of the different powers shall be founded on rule of law, which shall entail in particular effective and accessible means of legal redress, an independent legal system guaranteeing equality before the law and an executive that is fully subject to the law.Respect for human rights, democratic principles and the rule of law, which underpin the ACP-EU partnership, shall underpin the domestic and international policies of the parties and constitute the essential elements of this Agreement.3. In the context of a political and institutional environment that upholds human rights, democratic principles and the rule of law, good governance is the transparent and accountable management of human, natural, economic and financial resources for the purposes of equitable and sustainable development. It entails clear decision-making procedures at the level of public authorities, transparent and accountable institutions, the primacy of law in the management and distribution of resources and capacity building for elaborating and implementing measures aiming in particular at preventing and combating corruption. 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 only serious cases of corruption, including acts of bribery leading to such corruption, as defined in article 97 constitute a violation of that element.4. The partnership shall actively support the promotion of human rights, processes of democratisation, consolidation of the rule of law, and good governance.These areas will be an important subject for the political dialogue. In the context of this dialogue, the parties shall attach particular importance to the changes underway and to the continuity of the progress achieved.  This regular assessment shall take into account each country's economic, social, cultural and historical context.These areas will also be a focus of support for development strategies. The Community shall provide support for political, institutional and legal reforms and for building the capacity of public and private actors and civil society in the framework of strategies agreed jointly between the State concerned and the Community.Article 10  Other elements of the political environment1. The Parties consider the following elements as contributing to the maintenance and consolidation of a stable and democratic political environment:- sustainable and equitable development involving, inter alia, access to productive resources, essential services and justice;- greater involvement of an active and organised civil society and the private sector.2. The Parties recognise that the principles of the market economy, supported by transparent competition rules and sound economic and social policies, contribute to achieving the objectives of the partnership.Article 11  Peace-building policies, conflict prevention and resolution1. The Parties shall pursue an active, comprehensive and integrated policy of peace-building and conflict prevention and resolution within the framework of the Partnership. This policy shall be based on the principle of ownership. It shall in particular focus on building regional, sub-regional and national capacities, and on preventing violent conflicts at an early stage by addressing their root-causes in a targeted manner, and with an adequate combination of all available instruments. 2. The 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 bridging dividing lines among different segments of society as well as support for an active and organised civil society. 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 problem of child soldiers, as well as for suitable action to set responsible limits to military expenditures and the arms trade, including through support for the promotion and application of agreed standards and codes of conduct. In this context, particular emphasis shall be given to the fight against anti-personnel landmines as well as to addressing an excessive and uncontrolled spread, illegal trafficking and accumulation of small arms and light weapons.4. 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 co-operation are used in accordance with the principles and objectives of the Partnership, and to preventing a diversion of funds for belligerent purposes. 5. In post-conflict situations, the Parties shall take all suitable action to facilitate the return to a non-violent, stable and self-sustainable situation. The Parties shall ensure the creation of the necessary links between emergency measures, rehabilitation and development co-operation.Article 12  Coherence of community policies and their impact on the implementation of the  partnership AgreementWithout 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 said States of its intentions. Towards this end, the Commission shall communicate simultaneously to the Secretariat of the ACP States 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 may, in addition, transmit their concerns in writing to the Community 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 States shall also be provided with adequate information on the entry into force of such decisions, in advance whenever possible.Article 13  Migration1. The issue of migration shall be the subject of in-depth dialogue in the framework of the EU-ACP partnership.The Parties reaffirm their existing obligations and commitments in international law to ensure respect for human rights and to eliminate all forms of discrimination based particularly on origin, sex, race, language and religion.2. The Parties agree to consider that a partnership implies, with relation to migration, fair treatment of third country nationals who reside legally on their territories, integration policy aiming at granting them rights and obligations comparable to those of their citizens, enhancing non-discrimination in economic, social and cultural life and developing measures against racism and xenophobia.3. The treatment accorded by each Member State to workers of ACP countries legally employed in its territory, shall be free from any discrimination based on nationality, as regards working conditions, remuneration and dismissal, relative to its own nationals. Further in this regard, each ACP State shall accord comparable non-discriminatory treatment to workers who are nationals of a Member State. 4. The Parties consider that strategies aiming at reducing poverty, improving living and working conditions, creating employment and developing training contribute in the long term to normalising migratory flows. The parties will take account, in the framework of development strategies and national and regional programming, of structural constraints associated with migratory flows with the purpose of supporting the economic and social development of the regions from which migrants originate and of reducing poverty.The Community shall support, through national and regional Co-operation programmes, the training of ACP nationals in their country of origin, in another ACP country or in a Member State of the European Union. As regards training in a Member State, the Parties shall ensure that such action is geared towards the vocational integration of ACP nationals in their countries of origin.The Parties shall develop co-operation programmes to facilitate the access of students from ACP States to education, in particular through the use of new communication technologies.5. (a) In the framework of the political dialogue the Council of Ministers shall examine issues arising from illegal immigration with a view to establishing, where appropriate, the means for a prevention policy. (b) In this context the Parties agree in particular to ensure that the rights and dignity of individuals are respected in any procedure initiated to return illegal immigrants to their countries of origin. In this connection the authorities concerned shall extend to them the administrative facilities necessary for their return.(c) The Parties further agree that:(i) - each Member State of the European Union shall accept the return of and readmit any of its nationals who are illegally present on the territory of an ACP State, at that State's request and without further formalities; - each of the ACP States shall accept the return of and readmit any of its nationals who are illegally present on the territory of a Member State of the European Union, at that Member State's request and without further formalities.The Member States and the ACP States will provide their nationals with appropriate identity documents for such purposes. In respect of the Member States of the European Union, the obligations in this paragraph apply only in respect of those persons who are to be considered their nationals for the Community purposes in accordance with Declaration n°2 to the Treaty establishing the European Community. In respect of ACP States, the obligations in this paragraph apply only in respect of those persons who are considered as their nationals in accordance to their respective legal system.(ii) At the request of a Party, negotiations shall be initiated with ACP States aiming at concluding in good faith and with due regard for the relevant rules of international law, bilateral agreements governing specific obligations for the readmission and return of their nationals. These agreements shall also cover, if deemed necessary by any of the Parties, arrangements for the readmission of third country nationals and stateless persons. Such agreements will lay down the details about the categories of persons covered by these arrangements as well as the modalities of their readmission and return.Adequate assistance to implement these agreements will be provided to the ACP States.(iii) For the purposes of this article, the term " Parties" shall refer to the Community, any of its Member States and any ACP State.PART 2 : INSTITUTIONAL PROVISIONSArticle 14  The joint institutionsThe institutions of this Agreement are the Council of Ministers, the Committee of Ambassadors and the Joint Parliamentary Assembly. Article 15  The Council of Ministers 1. The Council of Ministers shall comprise, on the one hand, the members of the Council of the EU and members of the Commission of the European Communities and, on the other, a member of the government of each ACP State. The office of the President of the Council of Ministers shall be held alternately by a member of the Council of the European Union and a member of the government of an ACP State.The Council shall meet as a rule once a year and whenever it seems necessary, in a form and a geographical composition appropriate to the issues to be addressed.2. The functions of the Council of Ministers shall be to: (a) conduct the political dialogue; (b) adopt the policy guidelines and take the decisions necessary for the implementation of the provisions of this Agreement, in particular as regards development strategies in the specific areas provided for by this Agreement or any other area that should prove relevant, and as regards procedures; (c) examine and resolve any issue liable to impede the effective and efficient implementation of this Agreement or present an obstacle to achieving its objectives;(d) ensure the smooth functioning of the consultation mechanisms. 3. The Council of Ministers shall take its decisions by common agreement of the Parties. The proceedings of the Council of Ministers shall be valid only if half the members of the Council of the European Union, one member of the Commission and two-thirds of the members representing the governments of the ACP States are present. Any member of the Council of Ministers unable to attend may be represented. The representative shall exercise all the rights of that member.It may take decisions that are binding on the Parties and frame resolutions, recommendations and opinions. It shall examine and take into consideration resolutions and recommendations adopted by the Joint Parliamentary Assembly. The Council of Ministers shall conduct an ongoing dialogue with the representatives of the social and economic partners and other actors of civil society in the ACP and the EU. To that end, consultations may be held alongside its meetings. 4. The Council of Ministers may delegate powers to the Committee of Ambassadors.5. The Council of Ministers shall adopt its rules of procedure within six months of the entry into force of this Agreement.Article 16  The Committee of Ambassadors1. The Committee of Ambassadors shall comprise, on the one hand, the permanent representative of each Member State to the EU and a representative of the Commission and, on the other, the head of mission of each ACP state to the EU.The office of Chairman of the Committee of Ambassadors shall be held alternately by a Permanent Representative of a Member State designated by the Community, and a head of mission representing an ACP State, designated by the ACP States.2. The Committee shall assist the Council of Ministers in the fulfilment of its tasks and carry out any mandate entrusted to it by the Council. In this context, it shall monitor implementation of this Agreement and progress towards achieving the objectives set therein.The Committee of Ambassadors shall meet regularly, in particular to prepare the Council sessions and whenever it proves necessary.3. The Committee shall adopt its rules of procedure within six months of the entry into force of this Agreement.Article 17  The Joint Parliamentary Assembly 1. The Joint Parliamentary Assembly shall be composed of equal numbers of EU and ACP representatives. The members of the Joint Parliamentary Assembly shall be, on the one hand, members of the European Parliament and, on the other, members of parliament or, failing this, representatives designated by the parliament of each ACP state. In the absence of a parliament, the attendance of a representative from the ACP state concerned shall be subject to the prior approval of the Joint Parliamentary Assembly.2. The role of the Joint Parliamentary Assembly, as a consultative body, shall be to: - promote democratic processes through dialogue and consultation;- facilitate greater understanding between the peoples of the European Union and those of the ACP States and raise public awareness of development issues;-  discuss issues pertaining to development and the ACP-EU partnership;- adopt resolutions and make recommendations to the Council of Ministers with a view to achieving the objectives of this Agreement.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 co-operation between national parliaments, meetings between EU and ACP members of parliament may be arranged at regional or subregional level. The Joint Parliamentary Assembly shall organise regular contacts with representatives of the ACP-EU economic and social partners and the other actors of civil society in order to obtain their views on the attainment of the objectives of this Agreement. 4. The Joint Parliamentary Assembly shall adopt its rules of procedure within six months of the entry into force of this Agreement.PART 3 : CO-OPERATION STRATEGIESArticle 18The co-operation strategies shall be based on development strategies and economic and trade co-operation which are interlinked and complementary.The parties shall ensure that the efforts undertaken in both afore-mentioned areas are mutually reinforcing. Title I - Development strategiesChapter 1 : General frameworkArticle 19 Principles and objectives1. The central objective of ACP-EU co-operation is poverty reduction and ultimately its eradication; sustainable development; and progressive integration of the ACP countries into the world economy.  In this context, co-operation framework and orientations shall be tailored to the individual circumstances of each ACP country, shall promote local ownership of economic and social reforms and the integration of the private sector and civil society actors into the development process.2. Co-operation 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.  Co-operation shall also refer to the international development co-operation targets and shall pay particular attention to putting in place qualitative and quantitative indicators of progress.3. Governments and non-state actors in each ACP country shall initiate consultations on country development strategies and community support thereto.Article 20 The Approach1. The objectives of ACP-EU development co-operation shall be pursued through integrated strategies that incorporate economic, social, cultural, environmental and institutional elements that must be locally owned. Co-operation shall thus provide  a coherent enabling framework of support to ACP's own development strategies, ensuring complementarity and interaction between the various elements.  In this context and within the framework of development policies and reforms pursued by the ACP States, ACP-EU co-operation strategies shall aim at :(a) achieving rapid and sustained job-creating economic growth, developing the private sector, increasing employment, improving access to productive economic activities and resource, and fostering regional Co-operation and integration;(b) promoting human and social development helping to ensure that the fruits of growth are widely and equitably shared and promoting gender equality ;(c) promoting cultural values of communities and specific interactions with economic, political and social elements;(d) promoting institutional reforms and development, strengthening the institutions necessary for the consolidation of democracy, good governance and for efficient and competitive market economies; and building capacity for development and partnership; and(e) promoting environmental sustainability, regeneration and best practices, and the preservation of natural resource base.2. Systematic account shall be taken in mainstreaming into all areas of co-operation the following thematic or cross-cutting themes : gender issues, environmental issues and institutional development and capacity building. These areas shall also be eligible for Community support. 3. The detailed texts as regards development co-operation objectives and strategies, in particular sectoral policies and strategies shall be incorporated in a compendium providing operational guidelines in specific areas or sectors of co-operation. These texts may be revised, reviewed and/or amended by the Council of Ministers on the basis of a recommendation from the ACP-EC Development Finance Co-operation Committee.Chapter 2 : Areas of supportSection 1 : Economic developmentArticle 21 Investment and private sector development1. Co-operation shall support the necessary economic and institutional reforms and policies at national and/or regional level, aiming at creating a favourable environment for private investment, and the development of a dynamic, viable and competitive private sector. Co-operation shall further support:(a) the promotion of public-private sector dialogue and co-operation;(b) the development of entrepreneurial skills and business culture;(c) privatization and enterprise reform; and(d) development and modernization of mediation and arbitration systems.2. Co-operation shall also support improving the quality, availability and accessibility of financial and non-financial services to private enterprises, both formal and informal; by:(a) catalysing and leveraging flows of private savings, both domestic and foreign, into the financing of private enterprises by supporting policies for developing modern financial sector including capital market,  financial institutions and sustainable microfinance operations;(b) the development and strengthening of business institutions and intermediary organisations, associations, chambers of commerce and local providers from the private sector supporting and providing non-financial services to enterprises such as professional, technical, management, training and commercial support services; and (c) supporting institutions, programmes, activities and initiatives that contribute to the development and transfer of technologies and know-how and best practices on all aspects of business management.3. Co-operation shall promote business development through the provision of finance, guarantee facilities and technical support aimed at encouraging and supporting the creation, establishment, expansion, diversification, rehabilitation, restructuring, modernization or privatization of dynamic, viable and competitive enterprises in all economic sectors as well as financial intermediaries such as development finance and venture capital institutions, and leasing companies by:(a) creating and/or strengthening financial instruments in the form of investment capital;(b) improving access to essential inputs such as business information and advisory, consultancy or technical assistance services; (c) enhancement of export activities, in particular through capacity building in all trade-related areas; and(d) encouraging inter-firm linkages, networks and co-operation including those involving the transfer of technology and know-how at national, regional and ACP-EU levels, and partnerships with private foreign investors which are consistent with the objectives and guidelines of ACP-EC Development co-operation.4. Co-operation shall support microenterprise development through better access to financial and non-financial services; an appropriate policy and regulatory framework for their development; and provide training and information services on best practices in microfinance.5. Support for investment and private sector development shall integrate actions and initiatives at macro, meso and micro economic levels.Article 22 Macroeconomic and structural reforms and policies1. Co-operation shall support ACP efforts to implement :(a) macroeconomic, growth and stabilisation through disciplined fiscal and monetary policies that result in the reduction of inflation, and improve external and fiscal balances; in strengthening fiscal discipline, enhancing budgetary transparency and efficiency, improving the quality, the equity and composition of fiscal policy; and (b) structural policies designed to reinforce the role of the different actors, especially the private sector and improve  the environment  for increases in business, investment and employment;  i. liberalise trade and foreign exchange regimes and current account convertibility, having regard to the particular circumstances of each country; ii. strengthen labour and product-market reforms; iii. encourage financial systems reforms which help to develop viable banking and non-banking systems, capital markets and financial services, including micro-finance; iv. improve the quality of private and public services; and v. encourage regional co-operation and progressive integration into macroeconomic and monetary policy.2. The design of macroeconomic policies and structural adjustment programmes shall reflect the socio-political background and institutional capacity of the countries concerned, ensure a positive impact on poverty reduction and social services access and shall be based on the following principles :(a) the ACP states shall bear primary responsibility for the analysis of the problems to be solved, the design and the implementation of the reforms;(b) support programmes shall be adapted to the different situation in each ACP State and be sensitive to the social conditions, culture and environment of these States;(c) the right of the ACP States to determine the direction and the sequencing of their development strategies and priorities shall be recognised and respected; (d) the pace of reforms shall be realistic and compatible with each ACP States capacities and resources; and(e) strengthening the communication and the information of populations on economic and social reforms and policies.Article 23 Economic sector developmentCo-operation shall support sustainable policy and institutional reforms and the investments necessary for equitable access  to economic activities and productive resources, particularly:(a) the development of training systems that help increase productivity in both the formal and the informal sectors;(b) capital, credit, land, especially as regards property rights and use; (c) development of rural strategies aimed at establishing a framework for participatory decentralized planning, resource allocation and management;(d) agricultural production strategies, national and regional food security policies, sustainable development of water resources and fisheries as well as marine resources within the economic exclusive zones of the ACP States. Any fishery agreement that may be negotiated between the Community and the ACP States shall pay due consideration to consistency with the development strategies in this area; (e) economic and technological infrastructure and services, including transport, telecommunication systems, communication services and the development of information society;(f) development of competitive industrial, mining and energy sectors, while encouraging private sector involvement and development;(g) trade development, including the promotion of fair trade;(h) development of  business, finance and banking; and other service sectors ;(i) tourism development; and(j) development of scientific,  technological and research infrastructure and services; including the enhancement, transfer and absorption of new technologies;(k) The strengthening of capacities in productive areas, especially in public and private sectors.Article 24 TourismCo-operation will aim at the sustainable development of the tourism industry in ACP countries and sub-regions, recognising its increasing importance to the growth of the services sector in ACP countries and to the expansion of their global trade, its ability to stimulate other sectors of economic activity, and the role it can play in poverty eradication.Co-operation programmes and projects will support the efforts of ACP countries to establish and improve the countries legal and institutional framework and resources for the development and implementation of sustainable tourism policies and programmes, as well as inter alia, improving the competitive position of the sector, especially SMEs, investment support and promotion, product development including the development of indigenous cultures in ACP countries, and strengthening linkages between tourism and other sectors of economic activity.Section 2 : Social and human development : Article 25 Social sector development1. Co-operation shall support ACP States' efforts at developing general and sectoral policies and reforms which improve the coverage, quality of and access to basic social infrastructure and services and take account of local needs and specific demands of the most vulnerable and disadvantaged, thus reducing the inequalities of access to these services. Special attention shall be paid to ensuring adequate levels of public spending in the social sectors. In this context,  co-operation  shall aim at :(a) improving education and training, and building technical capacity and skills;(b) improving health systems and nutrition, eliminating hunger and malnutrition, ensuring adequate food supply and security; (c) integrating population issues into development strategies in order to improve reproductive health, primary health care, family planning; and prevention of female genital mutilation;(d) promoting the fight against HIV/AIDS;(e) increasing the security of household water and improving access to safe water and adequate sanitation; (f) improving the availability of affordable and adequate shelter for all through supporting low-cost and low-income housing programs and improving urban development; and(g) encouraging the promotion of participatory methods of social dialogue as well as respect for basic social rights.2. Co-operation shall also support capacity-building in social areas such as  programmes for training in the design of social policies and modern methods for managing social projects and programmes; policies conducive to technological innovation and research; building local expertise and promoting partnerships; and round-table discussions at national and/or regional level.3. Co-operation shall promote and support the development and implementation of policies and of systems of social protection and security in order to enhance social cohesion and to promote self-help and community solidarity. The focus of the support shall, inter-alia, be on developing initiatives based on economic solidarity, particularly by setting-up social development funds adapted to local needs and actors.Article 26 Youth issuesCo-operation shall also support the establishment of a coherent and comprehensive policy for realising the potential of youth so that they are better integrated into society to achieve their full potential. In this context, co-operation shall support policies, measures and operations aimed at :(a) protecting the rights of children and youth, especially the girl child;(b) promoting the skills, energy, innovation and potential of youth in order to enhance their economic, social and cultural opportunities and enlarge their employment opportunities in the productive sector;(c) helping community-based institutions to give children the opportunity to develop their physical, psychological, social and economic potential; and(d) reintegrating into society children in post-conflicts situations through rehabilitation programmes.Article 27 Cultural developmentCo-operation in the area of culture shall aim at:(a) integrating the cultural dimension at all levels of development co-operation;(b) recognizing, preserving and promoting cultural values and identities to enable inter-cultural dialogue;(c) recognising, preserving and promoting the value of cultural heritage; supporting the development of capacity in this sector; and(d) developing cultural industries and enhancing market access opportunities for cultural goods and services.Section 3 : Regional Co-operation & integrationArticle 28 General approachCo-operation shall provide effective assistance to achieve the objectives and priorities which the ACP States have set themselves in the context of regional and sub-regional co-operation and integration, including inter-regional and intra-ACP co-operation. Regional Co-operation can also involve OCTs and outermost regions. In this context, co-operation support shall aim to:(a) foster the gradual integration of the ACP States into the world economy;(b) accelerate economic co-operation and development both within and between the regions of the ACP States;(c) promote the free movement of persons, goods, services, capital, labour and technology among ACP countries;(d) accelerate diversification of the economies of the ACP States; and -co-ordination and harmonization of regional and sub-regional co-operation policies; and(e) promote and expand inter and intra-ACP trade and with third countries.Article 29 Regional economic integrationCo-operation shall, in the area of regional economic integration, support:(a) developing and strengthening the capacities of: i. regional integration institutions and organizations set up by the ACP States to promote regional co-operation and integration, and ii. national governments and parliaments in matters of regional integration; (b) fostering participation of LDC ACP States in the establishment of regional markets and sharing the benefits therefrom;(c) implementation of sectoral reform policies at regional level;(d) liberalisation of trade and payments; (e) promoting cross-border investments both foreign and domestic, and other regional or sub-regional economic integration initiatives; and(f) taking account of the net transitional costs of regional integration on budget revenue and balance of payments.Article 30 Regional Co-operation1. Co-operation shall, in the area of  regional co-operation support a wide variety of functional and thematic fields which specifically address common problems and take advantage of scale of economies, including: (a) 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);(b) the environment; water resource management and energy;(c) health, education and training; (d) research and technological development;(e) regional initiatives for disaster preparedness and mitigation; and (f) other areas, including arms control, action against drugs, organized crimes, money laundering, bribery and corruption.2. Co-operation shalll also support inter and intra-ACP co-operation schemes and initiatives.3. Co-operation shall help promote and develop a regional political dialogue in areas of conflict prevention and resolution; human rights and democratization; exchange, networking, and promotion of mobility between the different actors of development, in particular in civil society.1.1.1.1. Section 4 : Thematic and cross-cutting issuesArticle 31 Gender issuesCo-operation shall help strengthen policies and programmes that improve, ensure and broaden the equal participation of men and women in all spheres of political, economic, social and cultural life. Co-operation shall help improve the access of women  to all resources required for the full exercise of their fundamental rights. More specifically, co-operation shall create the appropriate framework to:(a) integrate a gender-sensitive approach and concerns at every level of development Co-operation including macroeconomic policies, strategies and operations; and(b) encourage the adoption of specific positive measures in favour of women such as: i. participation in national and local politics; ii. support for women's organisations;  iii. access to basic social services, especially to education and training, health care and family planning;  iv. access to productive resources, especially to land and credit and to labour market; and v. taking specific account of women in emergency aid and rehabilitation operations.Article 32 Environment and natural resources1. Co-operation on environmental protection and sustainable utilisation and management of natural resources shall aim at :(a) mainstreaming environmental sustainability into all aspects of development co-operation and support programmes and projects implemented by the various actors; (b) building and/or strengthening the scientific and technical human and institutional capacity for environmental management for all environmental stakeholders;(c) supporting specific measures and schemes aimed  at addressing critical sustainable management issues and also relating to current and future regional and international commitments concerning mineral and natural resources such as:  i. tropical forests, water resources, coastal, marine and fisheries resources, wildlife, soils, biodiversity; ii. protection of fragile ecosystems (e.g. coral reef); iii. renewable energy sources notably solar energy and energy efficiency; iv. sustainable rural and urban development; v. desertification, drought and deforestation; vi. developing innovative solutions to urban environmental problems;  and vii. promotion of sustainable tourism.(d) Taking into account issues relating to the transport and disposal of hazardous waste.2. Co-operation shall also take account of :(a) the vulnerability of small island ACP countries, especially to the threat posed by climate change; (b) the worsening drought and desertification problems especially of least developed and land-locked countries; and(c) institutional development and capacity buildingArticle 33 Institutional development and capacity building1. Co-operation shall pay systematic attention to institutional aspects and in this context, shall support the efforts of the ACP States to develop and strengthen structures, institutions and procedures that help to:(a) promote and sustain democracy, human dignity, social justice and pluralism, with full respect for diversity within and among societies;(b) promote and sustain universal and full respect for and observance and protection of all human rights and fundamental freedoms;(c) develop and strengthen the rule of law; and improve access to justice, while guaranteeing the professionalism and independence of the judicial systems; and(d) ensure transparent and accountable governance and administration in all public institutions.2. The Parties shall work together in the fight against bribery and corruption  in all their societies.3. Co-operation shall support ACP States' efforts to develop their public institutions into a positive force for growth and development and to achieve major improvements in the efficiency of government services as they affect the lives of ordinary people. In this context, co-operation shall assist the reform, rationalization and the modernization of the public sector. Specifically, co-operation support shall focus on:(a) the reform and modernization of the civil service;(b) legal and judicial reforms and modernisation of justice systems;(c) improvement and strengthening of public finance management;(d) accelerating reforms of the banking and financial sector;(e) improvement of the management of public assets and reform of public procurement procedures; and(f) political, administrative, economic and financial decentralization.4. Co-operation shall also assist to restore and/or enhance critical public sector capacity and  to support institutions needed to underpin a market economy, especially support for:(a) developing legal and regulatory capabilities needed to cope with the operation of a market economy, including competition policy and consumer policy;(b) improving capacity to analyse, plan, formulate and implement policies, in particular in the economic, social, environmental, research, science and technology and innovation fields;(c) modernising, strengthening and reforming financial and monetary institutions and improving procedures;(d) building the capacity at the local and municipal levels which is required to implement decentralization policy and to increase the participation of the population in the development process; and(e) developing capacity in other critical areas such as: i. international negotiations; and ii. management and co-ordination of external aid.5. Co-operation shall span all areas and sectors of co-operation to foster the emergence of non-state actors and the development of their capacities; and to strengthen structures for information, dialogue and consultation between them and the national authorities, including at regional level.Title II - Economic and trade Co-operationChapter 1 : Objectives and principlesArticle 34 Objectives1. Economic and trade co-operation shall aim at fostering the smooth and gradual integration of the ACP States into the world economy, with due regard for their political choices and development priorities, thereby promoting their sustainable development and contributing to poverty eradication in the ACP countries.2. The ultimate objective of economic and trade co-operation is to enable the ACP States 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 co-operation 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.3. To this end economic and trade co-operation shall aim 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 and at improving the ACP countries' capacity to handle all issues related to trade.4. Economic and trade co-operation shall be implemented in full conformity with the provisions of the WTO, including special and differential treatment, taking account of the Parties' mutual interests and their respective levels of development.Article 35 Principles1. Economic and trade co-operation 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, using all means available to achieve the objectives set out above by addressing supply and demand side constraints.  In this context, particular regard shall be had to trade development measures as a means of enhancing ACP States' competitiveness. Appropriate weight shall therefore be given to trade development within  the ACP States' development strategies, which the Community shall support.2. Economic and trade co-operation shall build on regional integration initiatives of ACP States, bearing in mind that regional integration is a key instrument for the integration of ACP countries into the world economy.3. Economic and trade co-operation shall take account of the different needs and levels of development of the ACP countries and regions. In this context, the Parties reaffirm their attachment to ensuring special and differential treatment for all ACP countries and to maintaining special treatment for ACP LDCs and to taking due account of the vulnerability of small, landlocked and island countries.Chapter 2 : New trading arrangementsArticle 36 Modalities1. In view of the objectives and principles set out above, the Parties agree to conclude new WTO compatible trading arrangements, removing progressively barriers to trade between them and enhancing co-operation in all areas relevant to trade.2. The Parties agree that the new trading arrangements shall be introduced gradually and recognize the need, therefore, for a preparatory period. 3. In order to facilitate the transition to the new trading arrangements, the non-reciprocal trade preferences applied under the 4th ACP-EC Convention shall be maintained during the preparatory period for all ACP countries, under the conditions defined in Annex V to the present Agreement. 4. In this context, the Parties reaffirm the importance of the commodity protocols, attached to Annex V of this Agreement.  They agree on the need to review them in the context of the new trading arrangements, in particular as regards their compatibility with WTO rules, with a view to safeguarding the benefits derived therefrom, bearing in mind the special legal status of the Sugar Protocol. Article 37 Procedures1. Economic partnership agreements shall be negotiated during the preparatory period which shall end by 31 December 2007 at the latest. Formal negotiations of the new trading arrangements shall start in September 2002 and the new trading arrangements shall enter into force by 1 January 2008, unless earlier dates are agreed between the Parties. 2. All the necessary measures shall be taken so as to ensure that the negotiations are successfully concluded within the preparatory period. To this end, the period up to the start of the formal negotiations of the new trading arrangements shall be actively used to make initial preparations for these negotiations.3. The preparatory period shall also be used for capacity-building in the public and private sectors of ACP countries, including measures to enhance competitiveness, for strengthening of regional organizations 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. 4. The Parties will regularly review the progress of the preparations and negotiations and, will in 2006 carry out a formal and comprehensive review of the arrangements planned for all countries to ensure that no further time is needed for preparations or negotiations.5.  Negotiations of the economic partnership agreements will be undertaken 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, taking into account regional integration process within the ACP. 6. In 2004, the Community will assess the situation of the non-LDC which, after consultations with the Community decide that they are not in a position to enter into economic partnership agreements and will examine all alternative possibilities, in order to provide these countries with a new framework for trade which is equivalent to their existing situation and in conformity with WTO rules.7. 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 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.8. The Parties shall closely co-operate and collaborate in the WTO with a view to defending the arrangements reached, in particular with regard to the degree of flexibility available.9. The Community will start by the year 2000, a process which by the end of multilateral trade negotiations and at the latest 2005 will allow duty free access for essentially all products from all LDC building on the level of the existing trade provisions  of the fourth ACP-EC Convention and which will simplify and review the rules of origin, including cumulation provisions, that apply to their exports.Article 38 Joint Ministerial Trade Committee1. A Joint ACP-EC Ministerial Trade Committee shall be established2. The Ministerial Trade Committee 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 make any necessary recommendations with a view to preserving the benefits of the ACP-EC trading arrangements.3. The Ministerial Trade Committee shall meet at least once a year. Its rules of procedure shall be laid down by the Council of Ministers. It shall be composed of representatives of the ACP States and of the Community appointed by the Council of Ministers.Chapter 3 : Co-operation in the international foraArticle 39  General Provisions1. The Parties underline the importance of their active participation in the World Trade Organisation as well as in other relevant international organisations by becoming members of these organisations and closely following their agenda and activities.2. They agree to co-operate closely in identifying and furthering their common interests in international economic and trade co-operation in particular in the WTO, including participation in setting and conducting the agenda in future multilateral trade negotiations.  In this context, particular attention shall be paid to improve access to the Community and other markets for products and services originating in the ACP countries.3. They also agree on the importance of flexibility in WTO rules to take account of the ACP's level of development as well of the difficulties faced in meeting their obligations. They further agree on the need for technical assistance to enable the ACP countries to implement their commitments.4. The Community agrees to assist the ACP States in their efforts, in accordance with the provisions set out in this Agreement, to become active members of these organisations, by developing the necessary capacity to negotiate, participate effectively, monitor and implement these agreements.Article 40  Commodities1. The Parties recognise the need to ensure a better operation of international commodity markets and to increase market transparency.2. They confirm their willingness to step up consultations between them in the international fora  and organisations dealing with commodities.3. To this end, exchange of views shall take place at the request of either party :- regarding the operation of existing international agreements or specialised intergovernmental working parties with the aim of improving them and making them more effective, consistent with market trends ; - when it is proposed to conclude or renew an international agreement or set up a specialised intergovernmental working party.The aim of such exchanges of views shall be to take account of the respective interest of each party.  They may take place, where necessary, in the framework of the Ministerial Trade Committee.Chapter 4 : Trade in ServicesArticle 41 General Provisions1. The Parties underline the growing importance of services in international trade and their major contribution to economic and social development.2. They reaffirm their respective commitments under the General Agreement on Trade in Services (GATS), and underline the need for special and differential treatment to ACP suppliers of services;3. In the framework of the negotiations for progressive liberalisation in trade and services, as provided for in article XIX of GATS, the EU undertakes to give sympathetic consideration to the ACP States priorities for improvement in the EC schedule, with a view to meeting their specific interests.4. The Parties further agree on the objective of extending under the economic partnership agreements, and after they have acquired some experience in applying the MFN treatment under GATS, their partnership to encompass the liberalisation of services in accordance with the provisions of GATS and particularly those relating to the participation of developing countries in liberalisation agreements.5. The Community shall support 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.Article 42 Maritime Transport1. The Parties acknowledge the importance of cost-effective and efficient maritime transport services in a safe and clean marine environment as the main mode of transportation facilitating international trade and thereby constituting one of the forces behind economic development and the development of trade.2. They undertake to promote the liberalisation of maritime transport and to this end apply effectively the principle of unrestricted access to the international maritime transport market on a non-discriminatory and commercial basis.3. Each Party shall grant, inter alia, a treatment no less favourable than that accorded to its own ships, for ships operated by nationals or companies of the other Party, and for ships registered in the territory of either party, with respect to access to ports, the use of infrastructure and auxiliary maritime services of those ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.4. The Community shall support the ACP States' efforts to develop and 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.Article 43 Information and Communication Technologies, and Information Society1. The Parties recognize the important role of information and communication technologies, as well as the active participation in the Information Society, as a pre-requisite for the successful integration of the ACP countries into the world economy.2. They therefore reconfirm their respective commitments under existing multilateral agreements, in particular the protocol on Basic Telecommunications attached to the GATS, and invite those ACP countries, which are not yet members to these agreements, to accede to them.3. They furthermore agree to participate fully and actively in any future international negotiation, which might be conducted in this area.4. The Parties will therefore take measures that will enable inhabitants of ACP countries easy access to information and communication technologies, through, amongst other, the following measures :- The development and encouragement of the use of affordable renewable energy resources;- The development and deployment of more extensive low-cost wireless networks.5. The Parties also agree to step up co-operation between them in the area of information and communication technologies, and the Information Society. This co-operation shall, in particular, be directed towards greater complementary and harmonization of communication systems, at national, regional and international level and their adaptation to new technologies.Chapter 5 : Trade-related areasArticle 44 General Provisions1. The Parties acknowledge the growing importance of new areas related to trade in facilitating progressive integration of the ACP States into the world economy.  They therefore agree to strengthen their co-operation in these areas by establishing full and co-ordinated participation in the relevant international fora and agreements.2. The Community shall support the ACP States' efforts, in accordance with the provisions set out in this Agreement and the development strategies agreed between the Parties to strengthen their capacity to handle all areas related to trade, including, where necessary, improving and supporting the institutional framework.Article 45 Competition Policy1. The Parties agree that the introduction and implementation of  effective and sound competition policies and rules are of crucial importance in order to improve and secure an investment friendly climate, a sustainable industrialisation process and transparency in the access to markets.2. To ensure the elimination of distortions to sound competition and with due consideration to the different levels of development and economic needs of each ACP country, they undertake to implement national or regional rules and policies including the control and under certain conditions the prohibition of agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition.  The Parties further agree to prohibit the abuse by one or more undertakings of a dominant position in the common market of the Community or in the territory of ACP States.3. The Parties also agree to reinforce co-operation 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.  Co-operation in this area shall, in particular, include assistance in the drafting of an appropriate legal framework and its administrative enforcement with particular reference to the special situation of the least developed countries.Article 46 Protection of Intellectual Property Rights1. Without prejudice to the positions of the Parties in multilateral negotiations, the Parties recognise the need to ensure an adequate and effective level of protection of intellectual, industrial and commercial property rights, and other rights covered by TRIPS including protection of geographical indications, in line with the international standards with a view to reducing distortions and impediments to bilateral trade.2. They underline the importance, in this context, of adherence to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to the WTO Agreement and the Convention on Biological Diversity (CBD).3. They also agree on the need to accede to all relevant international conventions on intellectual, industrial and commercial property as referred to in Part I of the TRIPS Agreement, in line with their level of development.4. The Community, its Member States and the ACP States may consider the conclusion of agreements aimed at protecting trademarks and geographical indications for products of particular interest of either Party.5. For the purpose of this Agreement, intellectual property includes in particular copyright, including the copyright on computer programmes and neighbouring rights, including artistic designs, and industrial property which includes utility models, patents including patents for bio-technological inventions and plant varieties or other effective sui generis systems, industrial designs, geographical indications including appellations of origin, trademarks for goods or services, topographies of integrated circuits as well as the legal protection of data bases and the protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property and protection of undisclosed confidential information on know how.6. The Parties further agree to strengthen their co-operation in this field. Upon request and on mutually agreed terms and conditions co-operation 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.Article 47 Standardisation and Certification1. The Parties agree to co-operate more closely in the field of standardisation, certification and quality assurance to remove unnecessary technical barriers and to reduce differences between them in those areas, so as to facilitate trade. In this context, they reaffirm their commitment under the Agreement on Technical Barriers to trade, annexed to the WTO Agreement (TBT Agreement).2. Co-operation in standardisation and certification shall aim at promoting compatible systems between the Parties and in particular include:- measures, in accordance with the TBT Agreement, to promote greater use of international technical regulations, standards and conformity assessment procedures, including sector specific measures, in accordance with the level of economic development of ACP countries.- co-operation in the area of quality management and assurance in selected sectors of importance to the ACP States,- support for capacity building initiatives in the ACP countries in the fields of conformity assessment, metrology and standardisation,- developing functioning links between ACP and European standardisation, conformity assessment and certification institutions.3. The Parties undertake to consider, in due course, negotiating mutual recognition agreements in sectors of mutual economic interest. Article 48 Sanitary and Phytosanitary Measures1. The Parties recognise the right of each Party to adopt or to enforce sanitary and phytosanitary measures necessary to protect human, animal or plant life or health, subject to the requirement that these measures do not constitute a means of arbitrary discrimination or a disguised restriction to trade, generally.  To this end, they reaffirm their commitments under the Agreement on the Application of Sanitary and Phytosanitary Measures, annexed to the WTO Agreement (SPS-Agreement), taking account of their respective level of development.2. They further undertake to reinforce co-ordination, consultation and information as regards notification and application of proposed sanitary and phytosanitary measures, in accordance with the SPS-Agreement whenever these measures might affect the interests of either Party.  They also agree on prior consultation and co-ordination within the CODEX ALIMENTARIUS, the International Office of Epizootics and the International Plant Protection Convention, with a view to furthering their common interests.3. The Parties agree to strengthen their co-operation with a view to reinforcing the capacity of the public and the private sector of the ACP countries in this field.Article 49 Trade and Environment1. 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 environment measures.2. Bearing in mind the Rio Principles and with a view to reinforcing the mutual supportiveness of trade and environment, the Parties agree to enhance their co-operation in this field.  Co-operation shall in particular aim at the establishment of coherent national, regional and international policies, reinforcement of quality controls of goods and services related to the environment, the improvement of environment-friendly production methods in relevant sectors.Article 50 Trade and Labour Standards1. The Parties reaffirm their commitment to the internationally recognised core labour standards, as defined by the relevant ILO Conventions, and in particular the freedom of association and the right to collective bargaining, the abolition of forced labour, the elimination of worst forms of child labour and non-discrimination in respect to employment.2. They agree to enhance co-operation in this area, in particular in the following fields:- exchange of information on the respective legislation and work regulation; - the formulation of national labour legislation and strengthening of existing legislation;- educational and awareness-raising programmes.- Enforcement of adherence to national legislation and work regulation.3. The Parties agree that labour standards should not be used for protectionist trade purposes.Article 51 Consumer Policy and Protection of Consumer Health1. The Parties agree to step up their co-operation in the area of consumer policy and consumer health protection, having due regard to domestic legislation to avoid barriers to trade.  2. Co-operation shall, in particular, aim 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 and promoting co-operation 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.Article 52 Tax Carve-out Clause1. Without prejudice to the provisions of Article 32.1 of annex IV, the Most Favoured Nation treatment granted in accordance with the provisions of this Agreement, or any arrangement adopted under this Agreement, does not apply to tax advantages which the Parties are providing or may provide in the future on the basis of agreements to avoid double taxation or other tax arrangements, or domestic fiscal legislation.2. Nothing in this Agreement, or in any arrangements adopted under this Agreement, may be construed to prevent the adoption or enforcement of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements to avoid double taxation or other tax arrangements, or domestic fiscal legislation.3. Nothing in this Agreement, or in any arrangements adopted under this Agreement, shall be construed to prevent the Parties from distinguishing, in the application of the relevant provisions of their fiscal legislation, between taxpayers who are not in the same situation, in particular with regard to their place of residence, or with regard to the place where their capital is investedChapter 6 : Co-operation in other areasArticle 53 Fishery Agreements1. The Parties declare their willingness to negotiate fishery agreements aimed at guaranteeing sustainable and mutually satisfactory conditions for fishing activities in ACP States.2. In the conclusion or implementation of such agreements, the ACP States shall not discriminate against the Community or among the Member States, without prejudice to special arrangements between developing States within the same geographical area, including reciprocal fishing arrangements, nor shall the Community discriminate against ACP States. Article 54 Food security1. With regard to available agricultural products, the Community undertakes to ensure that export refunds can be fixed further in advance for all ACP States in respect of a range of products drawn up in the light of the food requirements expressed by those States.2. Advance fixing shall be for one year and shall be applied each year throughout the life of this Convention, it being understood that the level of the refund will be determined in accordance with the methods normally followed by the Commission.3. Specific agreements may be concluded with those ACP States which so request in the context of their food security policies.4. The specific agreements referred to in paragraph 2 shall not put in jeopardy production and trade flows in ACP regions.PART 4 : DEVELOPMENT FINANCE CO-OPERATIONTitle I - General Provisions Chapter 1 : Objectives, principles, guidelines and eligibilityArticle 55 ObjectivesThe objectives of development finance co-operation shall be, through the provision of adequate financial resources and appropriate technical assistance, to support and promote the efforts of ACP States to achieve the objectives set out in this Agreement on the basis of mutual interest and in a spirit of interdependence.Article 56 Principles1. Development finance co-operation shall be implemented on the basis of and be consistent with the development objectives, strategies and priorities established by the ACP States, at both national and regional levels. Their respective geographical, social and cultural characteristics, as well as their specific potential, shall be taken into account. In addition, co-operation shall:(a) promote local ownership at all levels of the development process;(b) reflect a partnership based on mutual rights and obligations; (c) emphasize the importance of predictability and security in resource flows, granted on highly concessional terms and on a continuous basis;(d) 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(e) ensure efficiency, co-ordination and consistency.2. Co-operation shall ensure special treatment for Least Developed ACP countries and duly take into account the vulnerability of landlocked and island ACP countries. In addition, the specific needs of post-conflict countries shall also be addressed.Article 57 Guidelines1. Operations financed within the framework of this Agreement shall be implemented by the ACP States and the Community in close co-operation, the concept of equality between the partners being recognised. 2. The ACP States shall be responsible for:(a) defining the objectives and priorities on which the indicative programmes are based;(b) choosing projects and programmes;(c) preparing and presenting the dossiers of projects and programmes;(d) preparing, negotiating and concluding contracts;(e) implementing and managing projects and programmes; and(f) maintaining projects and programmes.3. Without prejudice to the provisions above, eligible non-state actors may also be responsible for proposing and implementing programmes and projects in areas concerning them.4. The ACP States and the Community shall be jointly responsible for:(a) establishing, within the joint institutions, the guidelines for development finance co-operation;(b) adopting the indicative programmes;(c) appraising projects and programmes;(d) ensuring equality of conditions for participation in invitations to tender and contracts;(e) monitoring and evaluating the effects and results of projects and programmes; and(f) ensuring the proper, prompt and efficient execution of projects and programmes.5. The Community shall be responsible for taking financing decisions on projects and programmes.6. Unless otherwise provided for in this Agreement, all decisions requiring the approval of either Contracting Party shall be approved, or be deemed approved, within 60 days of notification by the other party.Article 58 Eligibility for financing1. The following entities or bodies shall be eligible for financial support provided under the Agreement:(a) ACP States;(b) regional or inter-state bodies to which one or more ACP States belong and which are authorised by those States; and(c) joint bodies set up by the ACP States and the Community to pursue certain specific objectives.2. Subject to the agreement of the ACP State or ACP States concerned, the following shall also be eligible for financial support:(a) national and/or regional public or semi-public agencies, departments or local authorities of the ACP States and, in particular, their financial institutions and development banks;(b) companies, firms and other private organisations and private operators of ACP States;(c) enterprises of a Community Member State to enable them, in addition to their own contribution, to undertake productive projects in the territory of an ACP State;(d) ACP or Community financial intermediaries providing, promoting and financing private investments in ACP States; and(e) agents of decentralised co-operation and other non-state actors from the ACP States and from the Community. Chapter 2 : Scope and Nature of FinancingArticle 59Within the framework of the priorities established by the ACP State or States concerned at both national and regional levels, support may be given to projects, programmes and other forms of operations contributing to the objectives set out in this Agreement. Article 60 Scope of Financing1. The scope of financing may include, inter alia, depending on the needs and the types of operation considered most appropriate, support to:(a) measures which contribute to attenuate the debt burden and balance of payments problems of the ACP countries;(b) macroeconomic and structural reforms and policies;(c) mitigation of adverse effects of instability in export earnings;(d) sectoral policies and reforms;(e) institutional development and capacity building;(f) technical co-operation programmes; and(g) humanitarian and emergency assistance including assistance to refugees and displaced persons, short-term rehabilitation measures and disaster preparedness.Article 61 Nature of Financing1. The nature of financing shall, inter alia, include:(a) projects and programmes;(b) credit lines, guarantee schemes and equity participation;(c) budgetary support, either directly, for the ACP States whose currencies are convertible and freely transferable, or indirectly, from counterparts funds generated by the various Community instruments; (d) the human and material resources necessary for effective administration and supervision of projects and programmes;(e) sectoral and general import support programmes which may take the form of: i. sectoral import programmes through direct procurement including financing of inputs in the productive system and supplies to improve social services;  ii. sectoral import programmes in the form of foreign exchange released in instalments for financing sectoral imports; and iii. general import programmes in the form of foreign exchange released in instalments for financing general imports covering a wide range of products.2. Direct budgetary assistance in support of macroeconomic or sectoral reforms shall be granted where:(a) public expenditure management is transparent, accountable and effective;(b) well defined macroeconomic or sectoral policies established by the country itself and agreed to by its main donors are in place; and(c) public procurement is open and transparent.3. Similar direct budgetary assistance shall be granted gradually to sectoral policies in substitution for individual projects.4. The instruments of import programmes or budgetary support defined above can also be used to support eligible ACP States implementing reforms aimed at intra-regional economic liberalisation which generate net transitional costs.5. In the framework of the Agreement, the European Development Fund (hereinafter referred to as the Fund) including counterpart funds, unexpended balance from previous Funds, own resources of the European Investment Bank (hereinafter referred to as the Bank) and where appropriate 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.6. The funds provided under the Agreement may be used to cover the total costs of both the local and foreign expenditure of projects and programmes, including recurrent cost financing.Title II - Financial Co-operationChapter 1 : Financial resourcesArticle 62 Overall amount1. For the purposes set out in this Agreement, the overall amount of the Community's financial assistance and the detailed terms and conditions of financing are provided for in the annexes to this Agreement.2. Should an ACP State fail to ratify this Agreement or denounce it , the Contracting Parties shall adjust the amounts of the resources provided for in the Financial Protocol. Adjustment of the financial resources shall also apply upon:(a) the accession to the Agreement of new ACP States which did not take part in its negotiation; and(b) the enlargement of the Community.Article 63 Methods of financingThe methods of financing for each project or programme shall be determined jointly by the ACP State or States concerned and the Community by reference to:(a) the level of development, the geographical situation and economic and financial circumstances of these States;(b) the nature of the project or programme, its economic and financial return as well as its social and cultural impact; and(c) in the case of loans, to factors guaranteeing their servicing.Article 64 On-lending operations1. Financial assistance may be made available to or through the ACP States concerned or, subject to the provisions of this Agreement through eligible financial institutions or directly to any other eligible beneficiary. Where financial assistance is granted to the final recipient through an intermediary or directly to the final beneficiary in the private sector:(a) the terms and conditions on which the assistance may be made available by the intermediary to the final recipient or directly to the final beneficiary in the private sector shall be laid down in the financing agreement or loan contract; and(b) any financial benefit accruing to the intermediary from the on-lending transaction or resulting from direct lending operations to the final beneficiary in the private sector, shall be used for development purposes on the conditions laid down in the financing agreement or the loan contract, after taking into account administrative costs, exchange and financial risks and the cost of technical assistance given to the final recipient.2. Where the financing is undertaken through an on-lending body based and/or operating in the ACP States, it shall be the responsibility of that body to select and appraise individual projects and to administer the funds placed at its disposal under the conditions provided for in this Agreement and by mutual agreement between the parties.Article 65 Co-financing1. The financial resources provided for in this Agreement may be applied, at the request of the ACP States, to co-financing undertaken in particular with development agencies and institutions, Community Member States, ACP States, third countries or international or private financial institutions, firms or export credit agencies.2. Special consideration shall be given to the possibility of co-financing in cases where Community participation will encourage the participation of other sources of finance and where such financing may lead to an advantageous financial package for the ACP State concerned.3. Co-financing may be in the form of joint or parallel financing. Preference shall be given in each case to the solution, which is more suitable from the point of view of cost-effectiveness. In addition, measures shall be taken to co-ordinate and harmonise operations of the Community and those of other co-financing bodies in order to minimise the number of procedures to be undertaken by the ACP States and to render those procedures more flexible.4. The process of consultation and co-ordination with other donors and co-financiers should be strengthened and developed, where possible, through the establishment of co-financing framework agreements and co-financing policies and procedures should be reviewed to ensure effectiveness and the best terms and conditions possible.Chapter 2 : Debt and Structural Adjustment support Article 66 Support for debt relief1. 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 in this Agreement to contribute to debt relief initiatives approved at international level for the benefit of ACP countries. In addition, on a case by case basis, the use of resources which have not been committed in the framework of past indicative programmes shall be accelerated through the quick-disbursing instruments provided for in this Agreement. The Community furthermore commits itself to examine how in the longer term other resources than the EDF can be mobilised in support of internationally agreed debt relief initiatives.2. At the request of an ACP State, the Community may grant:(a) assistance in studying and finding practical solutions to indebtedness including domestic debt, debt-servicing difficulties and balance of payments problems; (b) training in debt management and international financial negotiations as well as support for training workshops, courses and seminars in these fields; and(c) assistance to develop flexible techniques and instruments of debt management. 3. In order to contribute to the servicing of the debt resulting from loans from the Bank's own resources, special loans and risk capital, the ACP States may, in accordance with arrangements to be made on a case-by-case basis with the Commission, use the available foreign currency referred to in this Agreement for such servicing, as and when debt repayment falls due and up to the amount required for payments in national currency.4. Given the seriousness of the international debt problem and its impact on economic growth, the parties declare their readiness to continue to exchange views, within the context of international discussions, on the general problem of debt, and without prejudice to specific discussions taking place in the relevant fora.Article 67 Structural adjustment support1. The 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. Quick disbursement shall be an important feature of support programmes.2. The ACP States and the Community recognise the necessity to encourage reform programmes at regional level ensuring that, in the preparation and execution of national programmes, due consideration is given to regional activities which have an influence on national development. To this end, support for structural adjustment shall also seek to: (a) incorporate, from the beginning of the diagnosis, measures to encourage regional integration and take account of the consequences of trans-border adjustment; (b) support the harmonisation and co-ordination of macroeconomic and sectoral policies, including fiscal and customs areas, so as to fulfil the dual aim of regional integration and of structural reform at national level; and(c) take account of the net transitional costs of regional integration on budget revenue and balance of payments, either through general import programmes or budgetary support.3. ACP States undertaking or contemplating reform at the macroeconomic or sectoral level shall be eligible for structural adjustment assistance, giving consideration to the regional context, their effectiveness and the likely impact on the economic, social and political dimension of development and on economic and social hardships being experienced. 4. The ACP States undertaking reform programmes that are acknowledged and supported at least by the principal multilateral donors, or that are agreed with such donors but not necessarily financially supported by them, shall be treated as having automatically satisfied the requirements for adjustment assistance.5. Structural adjustment support shall be mobilised in a flexible manner and in the form of sectoral and general import programmes or budgetary support.6. The preparation, appraisal and financing decision for structural adjustment programmes shall be carried out according to the provisions on implementation procedures of this Agreement with due regard to the quick disbursing feature of structural adjustment programmes. On a case-by-case basis, retroactive financing of a limited part of imports of ACP-EC origin may be permissible. 7. The implementation of each support programme shall ensure that the eligibility of ACP economic operators for access to the resources of the programme is as wide and transparent as possible and that the procurement procedures accord with the administrative and commercial practices in the State concerned, while ensuring the best possible price/quality ratio on imported goods and the necessary consistency with the progress achieved internationally for harmonising the procedures for supporting structural adjustment.Chapter 3 : Support in cases of short-term fluctuations in export earningsArticle 681. The Parties recognize that instability of export earnings, particularly in the agricultural and mining sectors, 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 adverse effects of any instability in export earnings, including in the agricultural and mining sectors, is therefore set up within the financial envelope for support to long-term development. 2. The purpose of support in cases of short-term fluctuations in export earnings is to safeguard macroeconomic and sectoral reforms and policies that are at risk as a result of a drop in revenue and remedy the adverse effects of instability of export earnings in particular from agricultural and mining products. 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 the year of application. In this context, the least developed, landlocked and island ACP States shall receive more favourable treatment. 4. The additional resources shall be provided in accordance with the specific modalities of the support mechanism as set out in Annex II on Terms and Conditions of Financing. 5. The Community shall also provide support for market based insurance schemes designed for ACP States seeking to protect themselves against the risk of fluctuations in export earnings. 1.1.1. Chapter 4 : Support for sectoral policiesArticle 691. Co-operation shall support, through the various instruments and modalities provided for in the Agreement:(a) social and economic sectoral policies and reforms;(b) measures to enhance productive sector activity and export competitiveness;(c) measures to expand social sector services; and(d) thematic and cross cutting issues.2. This support shall be provided as appropriate through:(a) sectoral programmes;(b) budgetary support;(c) investments;(d) rehabilitation;(e) training;(f) technical assistance; and(g) institutional support.1.1.1. Chapter 5 : Microprojects and decentralised co-operationArticle 70In order to respond to the needs of local communities with regard to development, and to encourage all agents of decentralized co-operation which are in a position to contribute to the autonomous development of the ACP States to put forward and implement initiatives, co-operation shall support, within the framework laid down in the rules and national legislation of the ACP States concerned and the provisions of the indicative programme, such development operations. In this context, co-operation shall support :(a) micro-projects at local level which have an economic and social impact on the life of the people, meet a demonstrated and observed priority need, and shall be undertaken at the initiative and with the active participation of the local community which shall benefit therefrom; and(b) decentralized co-operation, in particular where such operations combine efforts and resources of decentralised agents from the ACP States and their counterparts from the Community. This form of co-operation shall enable the mobilisation of capabilities, innovative operating methods and resources of decentralised agents for the development of the ACP State.Article 711. Microprojects and decentralized co-operation operations may be supported from the financial resources of the Agreement. Projects or programmes under this form of co-operation may or may not be linked to programmes in the sectors of concentration of the indicative programmes, but may be a way of achieving the specific objectives of the indicative programme or the results of initiatives by local communities or decentralised agents.2. Contributions for the financing of micro-projects and decentralized co-operation shall be made by the Fund, in which case the contribution shall not normally exceed three-quarters of the total cost of each project and may not exceed the limit set in the indicative programme. The remaining balance shall be provided:(a) by the local community concerned in case of micro-projects (either in kind or in the form of services or cash and adapted to its capacity to contribute); (b) by the agents of decentralized co-operation, provided that the financial, technical material and other resources brought in by such agents shall not normally be less than 25% of the estimated cost of the project/programme; and(c) exceptionally by the ACP State concerned, either in the form of a financial contribution or through the use of public equipment or the supply of services.3. The procedures applicable to projects and programmes financed within the framework of microprojects or decentralized co-operation shall be those laid down in the Agreement, in particular those referred to in multi-annual programmes.Chapter 6 - Humanitarian and emergency assistanceArticle 721. Humanitarian and emergency assistance shall be accorded to the population in ACP States faced with serious economic and social difficulties of an exceptional nature resulting from natural disasters, man-made crises such as wars and other conflicts or extraordinary circumstances having comparable effects. The humanitarian and emergency assistance shall be maintained for as long as necessary to deal with the emergency needs resulting from these situations.2. Humanitarian and emergency assistance shall be granted exclusively according to the needs and interests of victims of disasters and in line with the principles of international humanitarian law. 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.3. Humanitarian and emergency assistance shall aim to:(a) safeguard human lives in crises and immediate post-crisis situations brought about by natural disasters, conflict or war; (b) 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;(c) carry out short-term rehabilitation and reconstruction to enable the parts of the population affected to benefit once more 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 country concerned; (d) 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 in setting up disaster prevention and preparedness mechanisms, including prediction and early-warning systems, with a view to reducing the consequences of disasters.4. Similar assistance, as set out above, may be granted to ACP States taking in refugees or returnees to meet acute needs not covered by emergency assistance.5. Underlining the developmental nature of the assistance granted in accordance with this article, assistance may be used exceptionally together with the indicative programme at the request of the State concerned.6. Humanitarian and emergency assistance operations shall be undertaken either at the request of the ACP country affected by the crisis situation, the Commission, international organisations or local or international non-state organisations. Such assistance shall be administered and implemented under procedures permitting operations that are rapid, flexible and effective.  The Community shall take adequate steps to facilitate speedy action, which is required to meet the immediate needs for which emergency assistance is needed.Article 731. Post-emergency action, aimed at physical and social rehabilitation consequent on the results of natural disasters or extraordinary circumstances having comparable effects, may be undertaken with Community assistance under this Agreement. Such action, using effective and flexible mechanisms, must ease the transition from the emergency phase to the development phase, promote the socio-economic reintegration of the parts of the population affected, remove as far as possible the causes of the crisis and strengthen institutions and the ownership by local and national actors of their role in formulating a sustainable development policy for the ACP country concerned.2. Short-term emergency action shall only in exceptional circumstances be financed under the EDF where such assistance cannot be financed from the Community's budget.1.1.1. Chapter 7 : Investment and private sector development supportArticle 74Co-operation shall, through financial and technical assistance, support the policies and strategies for investment and private sector development as set out in this Agreement. Article 75 Investment promotionThe ACP States, the Community and its Member States, within the scope of their respective competencies, recognising the importance of private investment in the promotion of their development co-operation and acknowledging the need to take steps to promote such investment, shall :(a) implement measures to encourage participation in their development efforts by private investors who comply with the objectives and priorities of ACP-EC development co-operation and with the appropriate laws and regulations of their respective States;(b) take measures and actions which help to create and maintain a predictable and secure investment climate as well as enter into negotiations on agreements which will improve such climate;(c) encourage the EU private sector to invest and to provide specific assistance to its counterparts in the ACP countries under mutual business co-operation and partnerships;(d) facilitate partnerships and joint ventures by encouraging co-financing;(e) sponsor sectoral investment fora to promote partnerships and external investment;(f) support efforts of the ACP States to attract financing, with particular emphasis on private financing, for infrastructure investments and revenue generating infrastructure critical for the private sector;(g) support capacity building for domestic investment promotion agencies and institutions involved in promoting and facilitating foreign investment;(h) disseminate information on investment opportunities and business operating conditions in the ACP States; and(i) promote national, regional and ACP-EU private sector business dialogue, co-operation and partnerships, in particular through an ACP-EU private sector business forum.  Support for operations of an ACP-EU private sector business forum shall be provided in pursuit of the following objectives: i. to facilitate dialogue within the ACP/EU private sector and between the ACP/EU private sector and the bodies established under the Agreement; ii. to analyse and periodically provide the relevant bodies with information on the whole range of issues concerning relations between the ACP and EU private sectors in the context of the Agreement or, more generally, of economic relations between the Community and the ACP countries; and iii. to analyse and provide the relevant bodies with information on specific problems of a sectoral nature relating to, inter alia, branches of production or types of products at regional or sub-regional level.Article 76 Investment finance and support1. Co-operation shall provide long-term financial resources, including risk capital, to assist in promoting growth in the private sector and help to mobilise domestic and foreign capital for this purpose. To this end, co-operation shall provide, in particular:(a) grants for financial and technical assistance to support policy reforms, human resource development, institutional capacity-building or other forms of institutional support related to a specific investment, measures to increase the competitiveness of enterprises and to strengthen the capacities of the private financial and non-financial intermediaries, investment facilitation and promotion and competitiveness enhancement activities;(b) advisory and consultative services to assist in creating a responsive investment climate and information base to guide and encourage the flow of capital;(c) risk-capital for equity or quasi-equity investments, guarantees in support of domestic and foreign private investment and loans or lines of credit on the conditions laid down in Annex II "Terms and Conditions of Financing" to this Agreement; and(d) loans from the Bank's own resources. 2. Loans from the Bank's own resources shall be granted in accordance with its statute and with the terms and conditions laid down in Annex II to this Agreement.Article 77 Investment guarantees1. Investment guarantees are an increasingly important tool for development finance as they contribute to reducing project risks and inducing private capital flows. Co-operation shall therefore ensure the increasing availability and use of risk insurance as a risk-mitigating mechanism in order to boost investor confidence in the ACP States. 2. Co-operation shall offer guarantees and assist with guarantees funds covering risks for qualified investment. Specifically, co-operation shall provide support to:(a) reinsurance schemes to cover foreign direct investment by eligible investors; against legal uncertainties and the major risks of expropriation, currency transfer restriction, war and civil disturbance, and breach of contract. Investors may insure projects for any combination of the four types of coverage;(b) guarantee programmes to cover risk in the form of partial guarantees for debt financing. Both partial risk and partial credit guarantee shall be available; and(c) national and regional guarantee funds, involving, in particular, domestic financial institutions or investors for encouraging the development of the financial sector.3. Co-operation shall also provide support to capacity-building, institutional support and participation in the core funding of national and/or regional initiatives to reduce the commercial risks for investors (inter alia guarantee funds, regulatory bodies, arbitration mechanisms and judiciary systems to enhance the protection of investments improving the export credit systems).4. Co-operation shall provide such support on the basis of complementary and added value with respect to private and/or public initiatives and, whenever feasible, in partnership with private and other public organisations. The ACP and the EC will within the framework of the ACP-EC Development Finance Co-operation Committee undertake a joint study on the proposal to set up an ACP-EC Guarantee Agency to provide and manage investment guarantee programmes.Article 78 Investment protection 1. The ACP States and the Community and its Member States, within the scope of their respective competencies, affirm the need to promote and protect either Party's investments on their respective territories, and in this context affirm the importance of concluding, in their mutual interest, investment promotion and protection agreements which could also provide the basis for insurance and guarantee schemes. 2. In order to encourage European investment in development projects of special importance to, and promoted by the ACP States, the Community and the Member States, on the one hand and the ACP States on the other, may also conclude agreements relating to specific projects of mutual interest where the Community and European enterprises contribute towards their financing. 3. The Parties also agree to introduce, within the economic partnership agreements, and while respecting the respective competencies of the Community and its Member States, general principles on protection and promotion of investments, which will endorse the best results agreed in the competent international fora or bilaterally.Title III - Technical Co-operationArticle 791. Technical co-operation shall assist the ACP States in the development of national and regional manpower resources, the sustained development of the institutions critical for development success, including inter alia strengthening ACP consulting firms and organisations, as well as exchange arrangements involving consultants from both ACP and EU firms.2. Furthermore, technical co-operation, shall be cost-effective and relevant to the need for which it is intended, and shall also favour the transfer of know-how and increase national and regional capabilities. Technical co-operation shall contribute to the achievement of project and programme goals, including efforts to strengthen management capacity of the National and Regional Authorising Officers. Technical assistance shall:(a) be demand-driven and thus made available only at the request of the ACP State or States concerned, and adapted to recipient needs;(b) complement and support ACP efforts to identify their own requirements; (c) be monitored and followed up to guarantee effectiveness;(d) encourage the participation of ACP experts, consultancy firms and educational and research institutions in contracts financed from the Fund and identify ways of employing qualified national and regional personnel on Fund projects; (e) encourage the secondment of ACP national cadres as consultants to an institution in their own country, or a neighbouring country, or to a regional organisation;(f) aim at developing knowledge of national and regional manpower constraints and potential and establish a register of ACP experts, consultants and consultancy firms suitable for employment on projects and programmes financed from the Fund; (g) support intra-ACP technical assistance in order to promote the exchange between the ACP States of technical assistance, management and professional expertise; (h) develop action programmes for long-term institution building and staff development as an integral part of project and programme planning, account being taken of the necessary financial requirements;(i) support arrangements to enhance the capacity of the ACP States to build up their own expertise; and(j) give special attention to the development of the ACP States' capacities in project planning, implementation and evaluation, as well budget management.3. Technical assistance may be provided in all areas of co-operation and within the limits of the mandate of this Agreement. The activities covered would be diverse in scope and nature, and would be tailored to meet the needs of the ACP States. 4. Technical co-operation may be either of a specific or a general nature. The ACP-EC Development Finance Co-operation Committee shall establish the guidelines for the implementation of technical co-operation.Article 80With a view to reversing the brain drain from the ACP States, the Community shall assist ACP States which so request to facilitate the return of qualified ACP nationals resident in developed countries through appropriate re-installation incentives.1.1. Title IV - Procedures and Management SystemsArticle 81 ProceduresManagement procedures shall be transparent, easy to apply and shall enable the decentralisation of tasks and responsibilities to the field. The implementation of ACP-EU development co-operation shall be open to non-state actors in areas that concern them. The detailed procedural provisions for programming, preparation, implementation and the management of financial and technical co-operation are laid down in Annex IV on Implementation and Management Procedures. The Council of Ministers may review, revise and amend these provisions on the basis of a recommendation from the ACP-EU Development Finance Co-operation Committee. Article 82 Executing agentsFor the implementation of financial and technical co-operation under this Agreement, executing agents are designated. Detailed provisions for the responsibilities of the executing agents are laid down in Annex IV on Implementation and Management Procedures.Article 83 ACP-EC Development Finance Co-operation Committee1. The Council of Ministers shall at least once a year examine whether the objectives of development finance co-operation are being attained and shall examine the general and specific problems resulting from the implementation of that co-operation. To this end, an ACP-EC Development Finance Co-operation Committee, hereinafter referred to as 'the ACP-EC Committee', shall be set up within the Council of Ministers.2. The ACP-EC Committee shall, inter alia :(a) ensure the overall achievement of the objectives and principles of development finance co-operation and establish general guidelines for their effective and timely implementation;(b) examine the problems arising from the implementation of development co-operation activities and propose appropriate measures;(c) review the annexes to the Agreement to ensure their continued relevance and recommend any appropriate amendments to the Council of Ministers for approval; and(d) examine the operations deployed within the framework of the Agreement to attain the objectives of promoting private sector development and investment and the operations of the Investment Facility.3. The ACP-EC Committee, which shall meet every quarter, shall be composed, on a basis of parity, of representatives of the ACP States and of the Community appointed by the Council of Ministers, or their authorised representatives. It shall meet at ministerial level whenever one of the parties so requests and at least once a year.4. The Council of Ministers shall lay down the ACP-EC Committee's rules of procedure, in particular the conditions for representation and the number of members of the Committee, the detailed arrangements for their deliberations and the conditions for holding the chair.5. The ACP-EC Committee may convene meetings of experts to study the cause of any difficulties and bottlenecks, which may impede the efficient implementation of development co-operation. These experts shall make recommendations to the Committee on possible ways of removing such difficulties and bottlenecks.PART 5 : GENERAL PROVISIONS FOR THE LEAST-DEVELOPED, LANDLOCKED AND ISLAND ACP STATESChapter 1 : General provisionsArticle 841. To enable LDLIC's to take full advantage of the opportunities offered by the Convention so as to step up their respective rates of development, co-operation shall ensure special treatment for the least developed ACP countries and take due account of the vulnerability of landlocked and island ACP countries. It shall also take into consideration the needs of countries in post-conflict situations.2. Independently of the specific measures and provisions for the least-developed, landlocked and island countries in the different chapters of the Convention, special attention shall be paid in respect of these groups as well as countries in post-conflict situations to : (a) the strengthening of regional co-operation(b) transport and communications' infrastructure;(c) the efficient exploitation of marine resources and the marketing of products so produced and, in the case of landlocked countries, inland fisheries;(d) structural adjustment where account shall be taken of the level of development of these countries and equally, at the implementation stage, of the social dimension of adjustment; and(e) the implementation of food strategies and integrated development programmes.Chapter 2 : Least-developed ACP StatesArticle 851. The least-developed ACP States shall be accorded a special treatment in order to enable them to overcome the serious economic and social difficulties hindering their development so as to step up their respective rates of development.2. The list of least-developed countries is given in Annex VI. It may be amended by a decision of the Council of Ministers where :(a) a third State in a comparable situation accedes to this Agreement; and(b) the economic situation of an ACP State changes considerably and durably to the extent that it needs to be included in the least-developed category or its inclusion in that category is no longer justified.Article 86The provisions adopted in respect of the least-developed ACP States are contained in the following Articles : 2, 29, 32, 35, 37, 56, 68, 84, 85.Chapter 3 : Landlocked ACP StatesArticle 871. Specific provisions and measures shall be established to support landlocked ACP States in their efforts to overcome the geographical difficulties and other obstacles hampering their development so as to enable them to step up their respective rates of development.2. The list of landlocked ACP States in given in Annex VI. It may be amended by decision of the Council of Ministers when a third state in a comparable situation accedes to the Agreement.Article 88The provisions adopted in respect of the landlocked ACP States are contained in the following Articles : 2, 32, 35, 56, 68, 84, 87.Chapter 4 : Island ACP StatesArticle 891. Specific provisions and measures shall be established to support island ACP States in their efforts to overcome the natural and geographical difficulties and other obstacles hampering their development so as to enable them to step up their respective rates of development.2. The list of island ACP States in given in Annex VI. It may be amended by decision of the Council of Ministers when a third state in a comparable situation accedes to the Agreement.Article 90The provisions adopted in respect of the island ACP States are contained in the following Articles : 2, 32, 35, 56, 68, 84, 89.PART 6 : FINAL PROVISIONSArticle 91 Conflict between this Agreement and other treaties No treaty, convention, agreement or arrangement of any kind between one or more Member States of the Community and one or more ACP States may impede the implementation of this Agreement.Article 92 Territories concernedSubject to the special provisions regarding the relations between the ACP States and the French overseas departments provided for therein, this Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territories of the ACP States.Article 93 Ratification and entry into force1. This Agreement shall be ratified or approved by the signatory Parties in accordance with their respective constitutional rules and procedures. 2. The instruments of ratification or approval of this Agreement shall be deposited in the case of the ACP States, with the General Secretariat of the Council of the European Union and in the case of the Community and the Member States, with the General Secretariat of the ACP States. The Secretariats shall promptly notify the signatory States and the Community.3. 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 at least two-thirds of the ACP States, and of the instrument of approval of this Agreement by the Community.4. An ACP signatory State that has not completed the procedures set out in paragraphs 1 and 2 by the date on which this Agreement enters into force as provided for in paragraph 3 may do so only within the 12 months following that date, without prejudice to the provisions of paragraph 6. For such States this Agreement shall become applicable on the first day of the second month following the completion of these procedures. These States shall recognise the validity of any measure taken to implement the Agreement after the date of its entry into force.5. The rules of procedure of the joint institutions set up under this Agreement shall lay down the conditions under which the representatives of signatory States referred to in paragraph 4 may attend those institutions as observers.6. The Council of Ministers may decide to accord special support to ACP States party to previous ACP-EC Conventions which, in the absence of normally established government institutions, have not been able to sign or ratify this Agreement.  This support may concern institution building and economic and social development activities, taking particular account of the needs of the most vulnerable sections of the population. In this context, such countries will be able to draw on the funds provided for in Part 4 of this Agreement for financial and technical co-operation.By derogation from paragraph 4, the countries concerned which are signatories to the Agreement may complete the ratification procedures within twelve months of the restoration of government institutions.The countries concerned which have neither signed nor ratified the Agreement may accede to it by means of the accession procedure provided for in Article 94.Article 94 Accession1. Any request for accession to this Agreement made by an independent State whose structural characteristics and economic and social situation are comparable to those of the ACP States shall be presented to the Council of Ministers. If the request is approved by the Council of Ministers, the State concerned shall accede to this Agreement by depositing an act of accession with the General Secretariat of the Council of the European Union, which shall send a certified copy to the ACP Secretariat and notify the Member States. The Council of Ministers may lay down any amending measures that might be necessary.The State concerned shall enjoy the same rights and be subject to the same obligations as the ACP States.  Its accession may not infringe on the benefits enjoyed by the ACP States signatory to this Agreement under the provisions on development co-operation financing. The Council of Ministers may lay down the conditions and specific arrangements for the accession of an individual State in a special protocol that shall form an integral part of the Agreement.2. The Council of Ministers shall be advised of any request made by a third State to become a member of an economic grouping of ACP States.3. The Council of Ministers shall be advised of any request made by a third State to become a member of the European Union. During the negotiations between the Union and the applicant State, the Community shall provide the ACP States with any relevant information and they in turn shall convey their concerns to the Community so that it can take them fully into account.  The ACP Secretariat shall be notified by the Community of any accession to the European Union.Any new Member State of the European Union shall become a contracting party to this Agreement from the date of its accession by means of a clause to this effect in the act of accession. If the act of accession to the Union does not provide for such automatic accession of the Member State to this Agreement, the Member State concerned shall accede by depositing an act of accession with the General Secretariat of the Council of the European Union, which shall send a certified copy to the ACP Secretariat and notify the Member States.The Parties shall review the effects of the accession of new Member States on this Agreement. The Council of Ministers may decide on any transitional or amending measures that might be necessary.Article 95  Duration of the agreement and revision clause1. This Agreement is hereby concluded for a period of twenty years, commencing on 1 March 2000.2. Financial protocols are defined for each five-year period. 3. The Community and the Member States, on the one hand, and the ACP States, on the 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. This shall not apply, however, to the provisions on economic and trade co-operation, for which a special review procedure is provided for. 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.Ten months before the expiry of this five-year period, the contracting Parties shall enter into negotiations with a view to examining any possible amendments to the provisions that were the subject of the notification.Article 93 shall also apply to the amendments made.The Council of Ministers shall adopt any transitional measures that may be required in respect of the amended provisions until they come into force.4. Eighteen months before the end of the total period of the Agreement, the contracting Parties shall enter into negotiations in order to examine what provisions shall subsequently govern their relations.The Council of Ministers shall adopt any transitional measures that may be required until the new Agreement comes into force.Article 96 Essential elements: consultation procedure and appropriate measures as regards human rights, democratic principles and the rule of law1. Within the meaning of this Article, the term "Party" refers to the Community and the Member States of the European Union, of the one part, and each ACP State, of the other part.2. (a) If, despite the political dialogue conducted regularly between the Parties, a Party considers that the other Party has failed to fulfil an obligation stemming from respect for human rights, democratic principles and the rule of law referred to in paragraph 2 of Article 9, it shall, except in cases of special urgency, supply the other Party and the Council of Ministers with the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. To this end, it shall invite the other Party to hold consultations that focus on the measures taken or to be taken by the party concerned to remedy the situation.The consultations shall be conducted at the level and in the form considered most appropriate for finding a solution.The consultations shall begin no later than 15 days after the invitation and shall continue for a period established by mutual agreement, depending on the nature and gravity of the violation. In any case, the consultations shall last no longer than 60 days.If the consultations do not lead to a solution acceptable to both Parties, if consultation is refused, or in cases of special urgency, appropriate measures may be taken. These measures shall be revoked as soon as the reasons for taking them have disappeared. (b) The term "cases of special urgency" shall refer to exceptional cases of particularly serious and flagrant violation of one of the essential elements referred to in paragraph 2 of Article 9, that require an immediate reaction.The Party resorting to the special urgency procedure shall inform the other Party and the Council of Ministers separately of the fact unless it does not have time to do so. (c) The "appropriate measures" referred to in this Article are measures taken in accordance with international law, and proportional to the violation. In the selection of these measures, priority must be given to those which least disrupt the application of this agreement. It is understood that suspension would be a measure of last resort.If measures are taken in cases of special urgency, they shall be immediately notified to the other Party and the Council of Ministers. At the request of the Party concerned, consultations may then be called in order to examine the situation thoroughly and, if possible, find solutions. These consultations shall be conducted according to the arrangements set out in the second and third subparagraphs of paragraph (a).Article 97 Consultation procedure and appropriate measures as regards corruption1. The Parties consider that when the Community is a significant partner in terms of financial support to economic and sectoral policies and programmes, serious cases of corruption should give rise to consultations between the parties.2. In such cases either Party may invite the other to enter into consultations. Such consultations shall begin no later than 21 days after the invitation and shall last no longer than 60 days.3. If the consultations do not lead to a solution acceptable to both Parties or if consultation is refused, the Parties shall take the appropriate measures.  In all cases, it is above all incumbent on the Party where the serious cases of corruption have occurred to take the measures necessary to remedy the situation immediately. The measures taken by either party must be proportional to the seriousness of the situation. In the selection of these measures, priority must be given to those which least disrupt the application of this agreement. It is understood that suspension would be a measure of last resort.4. Within the meaning of this Article, the term "Party" refers to the Community and the Member States of the European Union, of the one part, and each ACP State, of the other part.Article 98 Dispute settlement1. Any dispute arising from the interpretation or application of this Agreement between one or more Member States or the Community, on the one hand, and one or more ACP States on the other, shall be submitted to the Council of Ministers.Between meetings of the Council of Ministers, such disputes shall be submitted to the Committee of Ambassadors.2. (a)  If the Council of Ministers does not succeed in settling the dispute, either Party may request settlement of the dispute  by arbitration.  To this end, each Party shall appoint an arbitrator within thirty days of the request for arbitration. In the event of failure to do so, either Party may ask the Secretary General of the Permanent Court of Arbitration to appoint the second arbitrator. (b) The two arbitrators shall in turn appoint a third arbitrator within thirty days. In the event of failure to do so, either Party may ask the Secretary General of the Permanent Court of Arbitration to appoint the third arbitrator. (c) Unless the arbitrators decide otherwise, the procedure applied shall be that laid down in the optional arbitration regulation of the Permanent Court of Arbitration for International Organisations and States. The arbitrators' decisions shall be taken by majority vote within three months.  (d) Each Party to the dispute shall be bound to take the measures necessary to carry out the decision of the arbitrators. (e) For the application of this procedure, the Community and the Member States shall be deemed to be one Party to the dispute.Article 99 Denunciation clause This Agreement may be denounced by the Community and its member States in respect of each ACP State and by each ACP State in respect of the Community and its Member States, upon six months' notice.Article 100 Status of the textsThe protocols and annexes attached to this Agreement shall form an integral part thereof. The annexes n° II, III, IV & VI may be revised, reviewed and/or amended by the Council of Ministers on the basis of a recommendationfrom the ACP-EC Development Finance Co-operation Committee.This Agreement, drawn up in two copies in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, all texts 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.VOLUME IIPARTNERSHIP AGREEMENT BETWEEN THE AFRICAN CARIBBEAN AND PACIFIC STATES AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATESANNEXES TO THE AGREEMENTPARTNERSHIP AGREEMENT BETWEEN THE AFRICAN CARIBBEAN AND PACIFIC STATES AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATESANNEXES TO THE AGREEMENTTABLE OF CONTENTSANNEX I : FINANCIAL PROTOCOLANNEX II : TERMS AND CONDITIONS OF FINANCINGChapter 1  Investment financingChapter 2  Special operationsChapter 3  Financing for short-term fluctuations in export earningsChapter 4  Other provisionsChapter 5   investment protection agreementsANNEX III : INSTITUTIONAL SUPPORT - CDE AND CTAANNEX IV : IMPLEMENTATION AND MANAGEMENT PROCEDURESChapter 1 Programming (national)Chapter 2  Programming and preparation (regional)Chapter 3  Project implementationChapter 4  Competition and preferencesChapter 5  Monitoring and evaluationChapter 6   Management and executing agentsANNEX V :   Trade regime applicable during the preparatory period referred to in Article 37 (1) Chapter 1 General trade arrangementsChapter 2 Special undertaking on sugar and beef and vealChapter 3 Final provisionsPROTOCOL 1 CONCERNING THE DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS" AND METHODS OF ADMINISTRATIVE COOPERATIONTITLE I  GENERAL PROVISIONSTITLE II  DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"TITLE III  TERRITORIAL REQUIREMENTSTITLE IV  PROOF OF ORIGINTITLE V  ARRANGEMENTS FOR ADMINISTRATIVE COOPERATIONTITLE VI  CEUTA AND MELILLATITLE VII  FINAL PROVISIONSANNEX I to Protocol 1 Introductory notes to the list in Annex IIANNEX II to Protocol 1 List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating statusANNEX III to Protocol 1ANNEX IV to Protocol 1 Form for movement certificateANNEX V to Protocol 1 Invoice declarationANNEX VIA to Protocol 1 Supplier declaration for products having preferential origin statusANNEX VIB to Protocol 1 Supplier declaration for products not having preferential original statusANNEX VII to protocol 1 information certificateANNEX VIII to Protocol 1 Form for application for a derogationANNEX IX to Protocol 1 List working or processing conferring the character of ACP origin on a product obtained when working or processing is carried out on textile materials originating in developing countries referred to in Article 6(11) of this ProtocolANNEX X to Protocol 1 Textile products excluded from the cumulation procedure with certain developing countries referred to in Article 6(11) of this ProtocolANNEX XI to Protocol 1 Products for which the cumulation provisions with South Africa referred to in Article 6(3) apply after 3 years from the provisional application of the Trade, Development and Co-operation Agreement between the European Community and the Republic of South AfricaANNEX XII to Protocol 1 Products for which the cumulation provisions with South Africa referred to in Article 6(3) apply after 6 years from the provisional application of the Trade, Development and Co-operation Agreement between the European Community and the Republic of South AfricaANNEX XIII to protocol 1 Products to which Article 6(3) shall not be applicableANNEX XIV to Protocol 1 Fishery products to which Article 6(3) shall temporarily not be applicableANNEX XV to Protocol 1 Joint declaration on cumulationPROTOCOL 2 on the implementation of Article 9Protocol 3 containing the text of Protocol 3 on ACP sugarANNEX to Protocol 3 Declarations on Protocol 3ANNEX to Protocol 3ANNEX to Protocol 3ANNEX to Protocol 3ANNEX to Protocol 3ANNEX to protocol 3PROTOCOL 4 on beef and vealProtocol 5 The Second Banana ProtocolANNEX VI :  LIST OF LDLICsPROTOCOLSProtocol 1 on the operating expenditure of the joint institutionsProtocol 2 on privileges and immunitiesChapter 1 Persons taking part in the work of the AgreementChapter 2 Property, funds and assets of the Council of ACP MinistersChapter 3 Official communicationsChapter 4 Staff of the Secretariat of the ACP StatesChapter 5 Commission Delegations in the ACP StatesChapter 6 General provisionsPROTOCOL 3 ON SOUTH AFRICAANNEX I : FINANCIAL PROTOCOL1. For the purposes set out in this Agreement and for a period of five years commencing 1 March 2000, the overall amount of the Community's financial assistance to the ACP States shall be EUR 15 200 million.2. The Community's financial assistance shall comprise an amount up to EUR 13 500 million from the 9th EDF.3. The 9th EDF shall be  allocated between the instruments of co-operation as follows:(a) EUR 10 000 million in the form of grants shall be reserved for an envelope for support for long-term development. This envelope shall be used to finance national indicative programmes in accordance with Articles 1 to 5 of Annex IV "Implementation and management procedures" to this Agreement. From the envelope for support for long-term development : i) EUR 90 million shall be reserved for the financing of the budget of the Centre for the Development of Enterprise (CDE);ii) EUR 70 million shall be reserved for the financing of the budget of the Centre for the Development of Agriculture (CTA); and iii) an amount not exceeding EUR 4 million shall be reserved for the purposes referred to in Article 17 of this Agreement (Joint Assembly).(b) EUR 1 300 million in the form of grants shall be reserved for the financing of support for regional co-operation and integration of the ACP States in accordance with Articles 6 to 14 of Annex IV "Implementation and management procedures" to this Agreement.(c) EUR 2 200 million shall be allocated to finance the Investment Facility according to the terms and conditions set out in Annex II "Terms and conditions of financing" to this Agreement without prejudice to the financing of the interest rate subsidies provided for in Article 2 and 4 of Annex II to this Agreement funded from the resources mentioned in Article 3.a of this present Annex. 4. An amount of up to EUR 1 700 million shall be provided from the European Investment Bank in the form of loans made from its own resources. These resources shall be granted for the purposes set out in Annex II "Terms and conditions of financing" to this Agreement in accordance with the conditions provided for by its statutes and the relevant provisions of the terms and conditions for investment financing as laid down in the aforementioned Annex. The Bank may, from the resources it manages, contribute to the financing of regional projects and programmes.5. Any balances remaining from previous EDF on the date of entry into force of this Financial Protocol, as well as any amounts that shall be decommitted at a later date from ongoing projects under these Funds, shall be transferred to the 9th EDF and shall be used in accordance with the conditions laid down in this Agreement. Any resources thus transferred to the 9th EDF that previously had been allocated to the indicative programme of an ACP State or region shall remain allocated to that State or region. The overall amount of this present Financial Protocol, supplemented by the transferred balances from previous EDFs, will cover the period of 2000 - 2007.6. The Bank shall administer the loans made from its own resources, as well as the operations financed under the Investment Facility. All other resources of this Agreement shall be administered by the Commission.7. Before the expiry of this Financial Protocol, the Parties shall assess the degree of realisation of commitments and disbursements. This assessment shall constitute the basis for re-evaluating the overall amount of resources as well for evaluating the need for new resources to support financial co-operation under this Agreement.8. In the event of the funds provided for in any of the instruments of the Agreement being exhausted before the expiry of this financial protocol, the joint ACP-EU Council of Ministers shall take the appropriate measures. ANNEX II : TERMS AND CONDITIONS OF FINANCINGChapter 1  Investment financingArticle 1The terms and conditions of financing in relation to the operations of the Investment Facility, the loans from own resources of the European Investment Bank and special operations shall be as laid down in this Chapter.  These resources may be channelled to eligible enterprises, either directly or indirectly, through eligible investment funds and/or financial intermediaries.Article 2 Resources of the Investment Facility1. The resources of the Facility may be used, inter alia, to:(a) provide risk capital in the form of:i) equity participation in ACP enterprises, including financial institutions;ii) quasi-capital assistance to ACP enterprises, including financial institutions; andiii) guarantees and other credit enhancements which may be used to cover political and other investment-related risks, both for foreign and local investors or lenders. (b) provide ordinary loans.2. Equity participation shall normally be for non-controlling minority holdings and shall be remunerated on the basis of the performance of the project concerned.3. Quasi-capital assistance may consist of shareholders' advances, convertible bonds, conditional, subordinated and participating loans or any other similar form of assistance.  Such assistance may consist in particular of:(a) conditional loans, the servicing and/or the duration of which shall be linked to the fulfilment of certain conditions with regard to the performance of the project; in the specific case of conditional loans for pre-investment studies or other project-related technical assistance, servicing may be waived if the investment is not carried out;(b) participating loans, the servicing and/or the duration of which shall be linked to the financial return of the project; and(c) subordinated loans, which shall be repaid only after other claims have been settled.4. The remuneration of each operation shall be specified when the loan is made.  However:(a) in the case of conditional or participating loans, the remuneration shall normally comprise a fixed interest rate of not more than 3% and a variable component related to the performance of the project; and(b) in the case of subordinated loans, the interest rate shall be market related.5. Guarantees shall be priced so as to reflect the risks insured and the particular characteristics of the operation.6. The interest rate of ordinary loans shall comprise a reference rate applied by the Bank for comparable loans with the same terms and conditions as to grace and repayment periods and a mark up determined by the Bank.7. Ordinary loans may be extended on concessional terms and conditions in the following cases:(a) for infrastructure projects in the Least Developed Countries or in post-conflict countries that are prerequisites for private sector development. In such cases, the interest rate of the loan will be reduced by 3%; and(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 interest rate 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 Investment Facility and shall not exceed 5% of the overall amount allocated for investment financing by the Investment Facility and by the Bank from its own resources.9. Interest subsidies may be capitalised or may be used in the form of grants to support project-related technical assistance, particularly for financial institutions in the ACP countries.Article 3 Operations of the Investment Facility1. The Facility shall operate in all economic sectors and support investments of private and commercially run public sector entities, including revenue generating economic and technological infrastructure critical for the private sector.  The Facility shall:(a) be managed as a revolving fund and aim at being financially sustainable.  Its operations shall be on market-related terms and conditions and shall avoid creating distortions on local markets and displacing private sources of finances; and(b) endeavour to have a catalytic effect by encouraging the mobilisation of long-term local resources and attracting foreign private investors and lenders to projects in the ACP States.2. On expiry of the Financial Protocol, and in the absence of a specific decision by the Council of Ministers, the cumulative net reflows to the Investment Facility shall be carried over to the next Protocol.Article 4  EIB own resource loans1. The Bank shall: (a) contribute, through the resources it manages, to the economic and industrial development of the ACP States on a national and regional basis; and to this end, finance as a priority productive projects and programmes or other investments aimed at promoting the private sector in all economic sectors;(b) establish close co-operation links with national and regional development banks and with banking and financial institutions of the ACP States and of the EU; and(c) in consultation with the ACP State concerned, adapt the arrangements and procedures for implementing development finance co-operation, as set out in this Agreement, if necessary, to take account of the nature of the projects and programmes and to act in accordance with the objectives of this Agreement, within the framework of the procedures laid down by its statute.2. Loans from the Bank's own resources shall be granted under the following terms and conditions :(a) the reference rate of interest shall be the rate applied by the Bank for a loan with the same conditions as to currency, and repayment period on the day of signature of the contract or on the date of disbursement;(b) however : i) in principle, public sector projects shall be eligible for an interest rate subsidy of 3%;ii) private sector projects falling into the categories specified in Article 2.7 (b) of the present Annex shall be eligible for interest rates subsidies on the same terms as those specified in article 2.7(b). The final interest rate shall, in any case, never be less than 50% of the reference rate.(c) the amount 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 of the Investment Facility as defined in Article 2.8 and 2.9, and paid directly to the Bank; and(d) 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, but may not exceed 25 years. These loans shall normally comprise a grace period fixed by reference to the construction period of the project.3. For investments financed by the Bank from its own resources in public sector companies, specific project-related guarantees or undertakings may be required from the ACP State concerned.Article 5 Conditions for foreign exchange rate riskIn order to minimise the effects of exchange rate fluctuations, the problems of exchange rate risk shall be dealt with in the following way:a) in the case of equity participation designed to strengthen an enterprise's own funds, the exchange rate risk shall, as a general rule, be borne by the Facility;b) in the case of risk capital financing for small-and medium-sized enterprises, the exchange rate risk shall, as a general rule, be shared by the Community, on the one part, and by the other parties involved, on the other. On average, the foreign exchange rate risk shall be shared equally; and c) where feasible and appropriate, particularly in countries characterised by macroeconomic and financial stability, the Facility will endeavour to extend loans in local ACP currencies, thus de facto taking the foreign exchange risk.Article 6 Conditions for foreign exchange transferThe ACP States concerned shall, in respect of operations under the Agreement, and in respect of which they have given their written approval within the framework of this Agreement:a) grant exemption from all national or local duties, fiscal charges on interest, commission and amortisation of loans due in accordance with the law or laws of the ACP State or States concerned;b) place at the disposal of the beneficiaries the currency necessary for the payment of interest, commission and the amortisation of loans due in terms of financing contracts granted for the implementation of projects and programmes on their territories; andc) make available to the Bank the foreign currency necessary for the transfer of all sums received by it in national currency at the exchange rate applicable between the Euro or other currencies of transfer and the national currency at the date of the transfer. These include all forms of remuneration, such as, inter alia, interest, dividends, commissions and fees, as well as the amortisation of loans and the proceeds from the sale of shares due in terms of financing contracts granted for the implementation of projects and programmes on their territories.Chapter 2  Special operationsArticle 71. Co-operation shall support from the grant allocation:(a) low-income housing to promote long-term development of the housing sector, including secondary mortgage facilities;(b) micro-finance to promote SMEs and micro-enterprises; and(c) capacity building to strengthen and facilitate the effective participation of the private sector in social and economic development.2. The ACP-EU Council of Ministers shall, after the signature of this Agreement and on a proposal by the ACP-EC Development Finance Co-operation Committee, decide on the modalities and the amount of resources allocated from the long-term development envelope to attain these objectives.Chapter 3  Financing for short-term fluctuations in export earningsArticle 81. The Parties recognise that losses of export earnings as a result of short-term fluctuations may jeopardise the development financing requirements and the implementation of macroeconomic and sectoral policies. The degree of dependence of an ACP State's economy on export of goods, and in particular from agricultural and mining products shall, therefore, be a criterion for determining the allocation of long-term development. 2. In order to mitigate the adverse effects of instability of export earnings and safeguard the development programme jeopardised by the drop in revenue, additional financial support may be mobilised from the programmable resources for the country's long-term development on the basis of Articles 9 and 10 of this Annex. Article 9 Eligibility criteria1. Eligibility for additional resources shall be established by: (a) a 10 % (2% in the case of least-developed countries) loss of export earnings from goods compared with the arithmetical average of the earnings in the first three years of the first four years preceding the application year; a 10 % (2% in the case of least-developed countries ) loss of export earnings from the total of agricultural or mineral products compared with the arithmetical average of the earnings in the first three years of the first four years preceding the application year for countries where the agricultural or mineral export revenues represent more than 40 % of total export revenues from goods; and (b) a 10 % worsening in the programmed public deficit programmed for the year in question or forecast for the following year. 2. Entitlement to additional support shall be limited to four successive years. 3. The additional resources shall be reflected in the public accounts of the country concerned. They shall be utilised in accordance with programming rules and methods including the specific provisions in Annex IV "Implementation and management procedures", on the basis of agreements drawn up in advance between the Community and the ACP State concerned in the year following the application. By agreement of both parties the resources may be used to finance programmes included in national budget. However a part of the additional resources may also be set aside for specific sectors.Article 10 AdvancesThe system for allocating additional resources shall provide for advances to cover any delays in obtaining consolidated trade statistics and to ensure that the resources in question can be included in the budget of the year following the application year. Advances shall be mobilised on the basis of provisional export statistics drawn up by the government and submitted to the Commission in advance of the official final consolidated statistics. The maximum advance shall be 80 % of the estimated amount of additional resources for the application year. The amounts thus mobilised shall be adjusted by common agreement between the Commission and the government in the light of final consolidated export statistics and the final figure of the public deficit. Article 11 The provisions in this Annex shall be subject to review at the latest after two years of operation and subsequently at the request of either party..Chapter 4  Other provisionsArticle 12 Current payments and capital movements1. Without prejudice to paragraph 3 hereafter, the Parties undertake to impose no restrictions on any payments, in freely convertible currency, on the current account of balance of payments between residents of the Community and of the ACP States. 2. With regard to transactions on the capital account of balance of payments, the Parties undertake to impose no restrictions on the free movement of capital relating to direct investments made in companies formed in accordance with the law of the host country and investments made in accordance with this Agreement, and the liquidation or repatriation of these investments and of any profit stemming therefrom. 3. Where one or more ACP State or one or more Member State of the Community is in serious balance of payments difficulties, or under threat thereof, the ACP State, the Member State or the Community may, in accordance with the conditions established under the GATT, GATS and Article VIII and XIV of the Articles of Agreement of the International Monetary Fund, adopt restrictions on current transactions which shall be of limited duration and may not go beyond what is necessary to remedy the balance of payments situation. The Party taking the measures shall inform the other Parties forthwith and shall submit to them as soon as possible a timetable for the elimination of the measures concerned. Article 13 Qualification and treatment of business entitiesAs regards arrangements that may be applied in matters of establishment and provision of services, the ACP States, on the one hand, and the Member States, on the other, shall treat nationals and companies or firms of the ACP States and nationals and companies or firms of the Member States respectively on a non-discriminatory basis. However, if, for a given activity, an ACP State or a Member State is unable to provide such treatment, the ACP State or the Member State, as the case may be, shall not be bound to accord such treatment for that activity to the nationals and companies or firms of the State concerned.Article 14 Definition of 'companies and firms'1. For the purpose of this Agreement, 'companies or firms of a Member State or an ACP State' mean companies or firms constituted under civil or commercial law, including corporations, whether public or otherwise, co-operative societies and other legal persons and partnerships governed by public or private law, save for those which are non-profit-making, formed in accordance with the law of a Member State or an ACP State and whose statutory office, central administration or principal place of business is a Member State or an ACP State. 2. However, a company or firm having only its statutory office in a Member State or an ACP State must be engaged in an activity which has an effective and continuous link with the economy of that Member State or ACP State. Chapter 5   investment protection agreementsArticle 151. When implementing the provisions of Article 78 of this Agreement, the parties shall take into account the following principles : (a) a Contracting State may request where appropriate, the negotiation of an investment promotion and protection agreement with another Contracting State;(b) the States party to such agreements shall practise no discrimination between Contracting States party to this Agreement or against each other in relation to third countries when opening negotiations for concluding, applying and interpreting bilateral or multilateral investment promotion and protection agreements;(c) the Contracting States shall have the right to request a modification or adaptation of the non-discriminatory treatment referred to above when international obligations or changed circumstances so necessitate;(d) the application of the principles referred to above does not purport to and cannot in practice infringe the sovereignty of any Contracting Party to the Agreeement; and(e) the relation between the date of entry into force of any agreement negotiated, provisions for the settlement of disputes and the date of the investments concerned will be set out in the said agreement, account being taken of the provisions set out above. The Contracting Parties confirm that retroactivity shall not apply as a general principle unless Contracting States stipulate otherwise. 2. With a view to facilitating the negotiation of bilateral agreements on investment promotion and protection, the Contracting Parties agree to study the main clauses of a model protection agreement. The study, drawing on the provisions of the existing bilateral agreements between the States Parties, will give particular attention to the following issues:(a) legal guarantees to ensure fair and equitable treatment and protection of foreign investors;(b) the most-favoured-investor clause;(c) protection in the event of expropiation and nationalisation;(d) the transfer of capital and profits, and(e) international arbitration in the event of disputes between investor and host State.3. The Contracting Parties agree to study the capacity of the guarantee systems to give a positive answer to the specific needs of Small and Medium Enterprises of insuring their investments in ACP States. The studies referred to above shall be started as soon as possible after the signing of the Agreement. The result of these studies shall be submitted, upon completion to the ACP-EC Development Finance Co-operation Committee for consideration and appropriate action. ANNEX III : INSTITUTIONAL SUPPORT - CDE AND CTAArticle 1 Co-operation shall support the institutional mechanisms that provide assistance for businesses and enterprises and promote agriculture and rural development. In this context, co-operation shall help to:a) strengthen and enhance the role of the Centre for Development of Enterprise (CDE) so as to provide the ACP private sector with the necessary support in the promotion of private sector development activities; andb) strengthen and reinforce the role of the Technical Centre for Agriculture and Rural Co-operation (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.Article 2 CDE1. The CDE shall support the implementation of private-sector development strategies in the ACP countries by providing non-financial services to ACP companies and businesses and support to joint initiatives set up by economic operators of the Community and of the ACP States. 2. The CDE shall aim to assist private ACP enterprises to become more competitive in all sectors of the economy. It shall in particular:(a) facilitate and promote business co-operation and partnerships between ACP and EU enterprises;(b) assist with the development of business support services, through support for capacity building in private sector owned organizations 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; and(d) support for initiatives that contribute to develop and transfer technologies and know-how and best practices on all aspects of business management.3. The CDE shall also:(a) inform ACP private sector about the provisions of the Agreement;(b) diffuse information among local ACP private sector about the product quality and standards required in external markets; and(c) provide information to European companies and private sector organizations on business opportunities and modalities in ACP countries.4. The CDE shall extend its support for enterprises through qualified and competent national and/or regional service-providing intermediaries. 5. The activities of the CDE shall be based on the concept of co-ordination, complementarity and added value in respect of any private sector development initiatives taken by public or private entities. The CDE shall exercise selectivity in undertaking its tasks.6. The Committee of Ambassadors shall be the supervisory authority of the Centre. It shall after the signature of this Agreement:(a) lay down the statutes and rules of procedures of the Centre, including its supervisory bodies; (b) lay down the statutes, financial and staff regulations;(c) supervise the work of the bodies of the Centre; and(d) lay down the rules of operation and the procedures for the adoption of the Centre's budget.7. The Committee of Ambassadors shall, in accordance with the procedures and criteria determined by it, appoint the members of the bodies of the Centre.8. The budget of the Centre shall be financed in accordance with the rules laid down in this Agreement in respect of development finance co-operation.Article 3 CTA1. 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.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:i) improve the formulation and management of agricultural and rural development policies and strategies at national and regional levels including improved capacity for data collection, policy research, analysis and formulation;ii) improve the information and communication management, in particular within the National Agricultural Strategy;iii) promote effective intra-institutional Information and Communication 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 co-operation; andvi) develop approaches for assessing impact of policy on agricultural and rural development.3. The Centre shall support regional initiatives and networks and shall progressively share capacity development programmes with appropriate ACP organisations. To this end, the Centre shall support decentralized regional information networks. Such networks shall be built up gradually and efficiently.4. The Committee of Ambassadors shall be the supervisory authority of the Centre. It shall after the signature of this Agreement:(a) lay down the statutes and rules of procedures of the Centre, including its supervisory bodies; (b) lay down the statutes, financial and staff regulations;(c) supervise the work of the bodies of the Centre; and(d) lay down the rules of operation and the procedures for the adoption of the Centre's budget.5. The Committee of Ambassadors shall, in accordance with the procedures and criteria determined by it, appoint the members of the bodies of the Centre.6. The budget of the Centre shall be financed in accordance with the rules laid down in this Agreement in respect of development finance co-operation. ANNEX IV : IMPLEMENTATION AND MANAGEMENT PROCEDURESChapter 1 Programming (national)Article 1 Operations financed by grants within the framework of this Agreement shall be programmed at the beginning of the period covered by the Financial Protocol. Programming for this purpose shall mean: a) the preparation and development of a Country Support Strategy (CSS) based on the country's own medium-term development objectives and strategies; b) a clear indication from the Community of the indicative programmable financial allocation from which the country may benefit during the five-year period as well as any other relevant information; c) the preparation and adoption of an indicative programme for implementing the CSS; andd) a review process covering the CSS, the indicative programme and the volume of resources allocated to it.Article 2  Country Support Strategy The CSS shall be prepared by the ACP State and the EU following consultations with a wide range of actors in the development process, and shall draw on lessons learned and best practices. Each CSS shall be adapted to the needs and respond to the specific circumstances of each ACP State. The CSS shall be an instrument to prioritise activities and to build local ownership of co-operation programmes. Any divergences between the country's own analysis and that of the Community shall be noted. The CSS shall include the following standard elements:a) an analysis of the political, economic and social country context, constraints, capacities and prospects including an assessment of basic needs, such as income per capita, population size and social indicators, and vulnerability;b) a detailed outline of the country's medium-term development strategy, clearly defined priorities and expected financing requirements;c) 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;d) 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; ande) a definition of the nature and scope of the most appropriate support mechanisms to be applied in implementing the above strategies. Article 3 Resource allocation 1. Resource allocation shall be based on needs and performance, as defined in this Agreement. 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, export earning losses and dependence on export earnings, in particular from the sectors of agriculture and mining. 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 post-conflict countries; and(b) performance shall be assessed in an objective and transparent manner on the basis of the following parameters: progress in implementing institutional reforms, country performance in the use of resources, effective implementation of current operations, poverty alleviation or reduction, sustainable development measures and macroeconomic and sectoral policy performance.2. The allocated resources shall comprise two elements: (a) an allocation to cover macroeconomic support, sectoral policies, programmes and projects in support of the focal or non focal areas of Community assistance; and(b) an allocation to cover unforeseen needs such as emergency assistance where such support cannot be financed from the EU budget, contributions to internationally agreed debt relief initiatives and support to mitigate adverse effects of instability in export earnings.3. This indicative amount shall facilitate the long-term programming of Community aid for the country concerned. Together with the uncommitted balances of resources allocated to the country under previous EDF, and wherever possible Community budget resources, these allocations shall be the basis for the preparation of the indicative programme for the country concerned. 4. Provision will be made for those countries which, due to exceptional circumstances, can not access normal programmable resources.Article 4 Preparation and adoption of the indicative programme1. Upon receipt of the information referred to above, each ACP State shall draw up and submit to the Community a draft indicative programme on the basis of and consistent with its development objectives and priorities as expressed in the CSS. The draft indicative programme shall contain: (a) the focal sector, sectors or areas on which support should be concentrated;(b) the most appropriate measures and operations for attaining the objectives and targets in the focal sector, sectors or areas; (c) the resources reserved for projects and programmes outside the focal sector(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;(d) identification of eligible non-state actors and the resources allocated for  non-state actors;(e) proposals for regional projects and programmes; and (f) a reserve for insurance against possible claims and to cover cost increases and contingencies.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 and 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 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 CSS and shall in addition contain: (a) specific and clearly identified operations, especially those that can be committed before the next review;(b) a timetable for implementation and review of the indicative programme, including commitments and disbursements of resources; and(c) the parameters and criteria for the reviews.4. The Community and the ACP State concerned shall take all necessary measures to ensure that the programming process is completed within the shortest possible time and, save in exceptional circumstances, within twelve months of the signing of the Financial Protocol. In this context, the preparation of the CSS and the indicative programme must be part of a continuous process leading to the adoption of a single document.Article 5 Review process1. Financial co-operation between the ACP State and the Community shall be sufficiently flexible to ensure that operations are kept constantly in line with the objectives of this Agreement and to take account of any changes occurring in the economic situation, priorities and objectives of the ACP State concerned. In this context, the National Authorizing Officer and the Head of Delegation shall:(a) annually undertake an operational review of the indicative programme; and(b) undertake a mid-term and end-of-term review of the CSS and the indicative programme in the light of current needs and performance. 2. In exceptional circumstances referred to in the provisions on humanitarian and emergency assistance, the review can be carried out on the demand of either party.3. The National Authorizing Officer and the Head of Delegation shall:(a) take all necessary measures to ensure adherence to the provisions of the indicative programme, including ensuring that the timetable of commitments and disbursements agreed at the time of programming is adhered to; and(b) determine any causes of delay in implementation and propose suitable measures to remedy the situation.4. The annual operational review 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. This review shall be conducted locally and shall be finalised between the National Authorizing Officer and the Head of Delegation within a period of 60 days. It shall in particular cover an assessment of:(a) the results achieved in the focal sector(s) measured against the identified targets and impact indicators and sectoral policy commitments;(b) projects and programmes outside the focal sector(s)and/or in the framework of multi-annual programmes; (c) the use of resources set aside for non-state actors; (d) the effectiveness in implementation of current operations and the extent to which the timetable for commitments and payments have been respected; and(e) an extension of the programming perspective for the following years. 5. The National Authorizing Officer and the Head of Delegation shall submit the report on the conclusion of the annual review to the Development Finance Committee, within 30 days of the completion of the operational review. The Committee shall examine the report in accordance with its responsibilities and powers under the Agreement.6. In the light of the annual operational reviews, the National Authorising Officer and the Head of Delegation may at the mid-term and end-of-term reviews, and within the above time frames, review and adapt the CSS:(a) where operational reviews indicate specific problems; and/or(b) in the light of changed circumstances of an ACP State. Such reviews shall be completed within a further period of 30 days of the finalisation of the mid-term and end-of-term reviews.  The end of Financial Protocol review shall also include adaptation for the new financial protocol in terms of both resource allocation and preparation for the next programme.7. Following the completion of mid-term and end-of-term reviews, the Community may revise the resource allocation in the light of current needs and performance of the ACP State concerned.  Chapter 2  Programming and preparation (regional)Article 6 Participation1. Regional co-operation shall cover operations benefiting and involving:(a) two or more or all ACP States; and / or(b) a regional body of which at least two ACP States are members.2. Regional co-operation can also involve Overseas Countries and Territories and outermost regions. The funding to enable participation of these territories shall be additional to funds allocated to the ACP States under the Agreement.Article 7 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 with a mandate for economic integration. 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. In this context, the Community will provide specific support from regional programmes to groups of ACP States who are committed to negotiate economic partnership agreements with the EUArticle 8 Regional Programming 1. Programming shall take place at the level of each region. The programming shall be a 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 Authorizing Officers of the countries in that region. Where appropriate, programming may include a consultation with eligible non-state actors. 2. Programming for this purpose shall mean:(a) preparation and development of a Regional Support Strategy (RSS) based on the region's own medium-term development objectives and strategies;(b) a clear indication from the Community of the indicative resource allocation from which the region may benefit during the five-year period as well as any other relevant information; (c) preparation and adoption of a Regional Indicative Programme (RIP) for implementing the RSS; and(d) a review process covering the RSS, the RIP and the volume of resources allocated to each region.3. The RSS shall be prepared by the Commission and the duly mandated regional organisation(s) in collaboration with the ACP States in the region concerned. The RSS will be an instrument to prioritise activities and to build local ownership of supported programmes. The RSS shall include the following standard elements:(a) an analysis of the political, economic and social context of the region; (b) an assessment of the process and prospects of regional economic integration and integration into the world economy;(c) an outline of the regional strategies and priorities pursued and the expected financing requirements; (d) an outline of relevant activities of other external partners in regional co-operation; and(e) an outline of the specific EU contribution towards achievement of the goals for regional co-operation and integration, complementary to the extent possible operations financed by the ACP States themselves and by other external partners, particularly the EU Member States. Article 9  Resource allocation At the beginning of the period covered by the Financial Protocol, each region shall receive from the Community an indication of the volume of resources from which it may benefit during a five-year period. The indicative resource allocation shall be based on an estimate of need and the progress and prospects in the process of regional co-operation and integration. 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.Article 10 Regional Indicative Programme1. On the basis of the resource allocation indicated above, the duly mandated regional organisation(s), and in the absence of such a mandate, the National Authorizing Officers of the countries in the region, shall draw up a draft Regional Indicative Programme. In particular, the draft programme shall specify: (a) the focal sectors and themes of Community aid;(b)  the most appropriate measures and operations to achieve the objectives set for those sectors and themes; and (c) the projects and programmes enabling those objectives to be attained, insofar as they have been clearly identified as well as an indication of the resources to be deployed for each of these elements and a timetable for their implementation.2. The Regional Indicative Programmes shall be adopted by common agreement between the Community and the ACP States concerned.Article 11 Review process Financial co-operation between each ACP region and the Community shall be sufficiently flexible to ensure that operations are kept constantly in line with the objectives of this Agreement and to take account of any changes occurring in the economic situation, priorities and objectives of the region concerned. A mid-term and end-of-protocol review of the regional indicative programmes shall be undertaken to adapt the indicative programme to evolving circumstances and to ensure that they are correctly implemented. Following the completion of mid-term and end-of-term reviews, the Community may revise the resource allocation in the light of current needs and performance.Article 12 Intra-ACP cooperationAt the beginning of the period covered by the Financial Protocol, the Community shall indicate to the ACP Council of Ministers the part of the funds earmarked for regional operations that shall be set aside for operations that benefit many or all ACP States. Such operations may transcend the concept of geographic location. Article 13 Requests for financing1. 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 RIP.2. Requests for intra-ACP programmes shall be submitted by:(a) at least 3 mandated regional bodies or organisations belonging to different geographic regions, or the National Authorising Officers of such regions; or(b) the ACP Council of Ministers, or, by specific delegation, the ACP Committee of Ambassadors; or (c) international organisations carrying out operations that contribute to the objectives of regional co-operation and integration, subject to prior approval by the ACP Committee of Ambassadors. Article 14 Procedures for implementation1. Regional programmes shall be implemented by the requesting body or any other duly authorised institution or body.2. Intra-ACP programmes shall be implemented by the requesting body or their duly authorised agent. In the absence of a duly authorised implementing body, and without prejudice to ad hoc projects and programmes managed by the ACP Secretariat, the Commission shall be responsible for the implementation of intra-ACP operations.3. Account being taken of the objectives and inherent characteristics of regional co-operation, operations undertaken in this sphere shall be governed by the procedures established for development finance co-operation where applicable.Chapter 3  Project implementationArticle 15 Project identification, preparation and appraisal1. Projects and programmes that have been presented by the ACP State shall be subject to joint appraisal. The ACP-EC Development Finance Co-operation Committee shall develop the general guidelines and criteria for appraisal of projects and programmes.2. Project or programme dossiers prepared and submitted for financing must contain all information necessary for the appraisal of the projects or programmes or, where such projects and programmes have not been completely defined, provide the broad outlines necessary for their appraisal. Such dossiers shall be officially transmitted to the Community by the ACP States or the other eligible beneficiaries in accordance with this Agreement.3. Project and programme 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.Article 16 Financing proposal and decision1. The conclusions of the appraisal shall be summarised in a financing proposal drawn up by the Community in close collaboration with the ACP State concerned. This financing proposal shall be submitted for approval by the Commission's decision-making body. 2. The financing proposal shall contain an advance timetable for the technical and financial implementation of the project or programme, including multi-annual programmes and global allocations for operations of a small financial scale, and shall deal with the duration of the different phases of implementation. The financing proposal shall:(a) take into account the comments of the ACP State or States concerned; and(b) be forwarded simultaneously to the ACP State or States concerned and the Community.3. The Commission shall finalise the financing proposal and forward it, with or without amendment, to the Community's decision-making body. The ACP State or States concerned shall be given an opportunity to comment on any amendment of substance which the Commission intends to make to the document. These comments shall be reflected in the amended financing proposal.4. The Community's decision-making body shall communicate its decision within 120 days from the date of communication of the financial proposal referred to above. 5. Where the financing proposal is not adopted by the Community, the ACP State or States concerned shall be informed immediately of the reasons for that decision. In such a case, the representatives of the ACP State or States concerned may, within 60 days thereafter, request either:(a) that the matter be referred to the ACP-EC Development Finance Co-operation Committee set up under the Agreement; or(b) that they be given a hearing by the Community's decision-making body.6. Following such a hearing, a definitive decision to adopt or reject the financing proposal shall be taken by the relevant Community body to which the ACP State or States concerned may forward, before the decision is taken, any facts which may appear necessary to supplement the information available to it.7. Multi-annual programmes shall, inter alia, finance training, decentralized operations, micro-projects, trade promotion and trade development, sets of operations of a limited scale in a specific sector, project/programme management support and technical co-operation.8. In cases referred to above, the ACP State concerned may submit to the Head of Delegation a multi-annual programme setting out its broad outlines, the types of actions envisaged and the financial commitment proposed:(a) the financing decision on each multi-annual programme shall be taken by the Chief Authorizing Officer. The letter from the Chief Authorizing Officer to the National Authorizing Officer notifying such decision shall constitute the financing agreement; and(b) within the framework of multi-annual programmes thus adopted, the National Authorizing Officer or, when the case arises, the agent of decentralized co-operation which has been delegated functions for this purpose or, in appropriate cases, other eligible beneficiaries shall implement each individual action in accordance with the relevant provisions of this Agreement and the terms of the financing agreement referred to above. Where implementation is to be carried out by agents of decentralized co-operation or other eligible beneficiaries, the National Authorizing Officer and the Head of Delegation shall maintain financial responsibility and monitor the operations regularly with a view to enabling them, inter alia, to carry out their obligations.9. At the end of each year, the National Authorizing Officer in consultation with the Head of Delegation, shall forward a report to the Commission on the implementation of the multi-annual programmes.Article 17 Financing agreement1. Save as otherwise provided for in this Agreement, for any project or programme financed by a grant from the Fund, a financing agreement shall be drawn up between the Commission and the ACP State or States concerned. Where the direct beneficiary is not an ACP State, the Commission shall formalise the financing decision by means of an exchange of letters with the beneficiary concerned.2. The financing agreement shall be drawn up between the Commission and the ACP State or States concerned within 60 days of the decision of the Community's decision-making body. The agreement shall:(a) specify, in particular the details of the Fund's financial commitment and the financing arrangements and terms, the general and specific provisions relating to the project or programme concerned and shall also incorporate the advance timetable for the technical implementation of the project or programme contained in the financing proposal; and(b) make adequate provision for appropriations to cover cost increases and contingencies.3. Once the financing agreement has been signed, disbursements shall be made in accordance with the financing plan laid down therein. Any unexpended balance left upon closure of the accounts of projects and programmes shall accrue to the ACP State concerned and shall be so specified in the Fund's books. It may be used in the manner laid down in this Agreement for the financing of projects and programmes.Article 18 Cost over-runs1. Once it appears that cost over-runs beyond the limit set in the financing agreement are likely to be incurred, the National Authorizing Officer shall, through the Head of Delegation, notify the Chief Authorizing Officer accordingly, as well as of the measures which the National Authorizing Officer intends to take in order to cover such cost over-runs over the  allocated appropriations, either by reducing the scale of the project or programme or by calling on national or other non-Community resources.2. If it is decided by agreement with the Community not to scale down the project or programme or if it is not possible to cover them by other resources, then such over-runs may be financed up to 20% of the financial commitment for the project or programme concerned from the indicative programme.Article 19  Retroactive financing1. In order to ensure early project start-up, avoid gaps between sequential projects and prevent delays, the ACP States, in agreement with the Commission, may, on completion of project appraisal and before the financing decision is taken:(a) issue invitations to tender for all types of contracts, with a suspension clause; and(b) pre-finance activities linked to the start-up of programmes, preliminary and seasonal work, orders for equipment with long delivery lead times as  well as some on-going operations. Such expenditures must satisfy the procedures provided for in the Agreement.2. These provisions do not prejudge the powers of the Community's decision-making body.3. Expenditure made by the ACP State in pursuance of this provision shall be retroactively financed under the project or programme, once the financing agreement is signed.Chapter 4  Competition and preferencesArticle 20  EligibilitySave where a derogation is granted in accordance with the General Regulations or Article 22 below:a) participation in invitations to tender and the award of the contracts financed by the Fund shall be open on equal terms to:(i) natural persons, companies or firms or public or semi-public agencies of the ACP States and the Member States;(ii) co-operative societies and other legal persons governed by public or private law, of the Member States and/or the ACP States; and(iii) joint ventures or groupings of ACP States and/or Member State's companies or firms.b) supplies must originate in the Community and/or the ACP States. In this context, the definition of the concept of 'originating products' shall be assessed by reference to the relevant international agreements and supplies originating in the Community shall include supplies originating in the Overseas Countries and Territories. Article 21 Participation on equal termsThe ACP States and the Commission shall take the necessary measures to ensure the widest possible participation on equal terms in invitations to tender for works, supplies and services contracts, including, as appropriate, measures to:a) ensure publication of invitations to tender in the Official Journal of the European Communities, the Internet, the Official Journals of all the ACP States and any other appropriate information media;b) eliminate discriminatory practices or technical specifications which might stand in the way of widespread participation on equal terms;c) encourage co-operation between the companies and firms of the Member States and of the ACP States;d) ensure that all the awarding criteria are specified in the tender dossier; ande) ensure that the tender selected conforms to the requirements of the tender dossier and meets the awarding criteria stated therein.Article 22 Derogation1. In order to ensure the optimum cost-effectiveness of the system, natural or legal persons from non-ACP developing countries may be authorized to participate in contracts financed by the Community at the request of the ACP States concerned. The ACP States concerned shall, on each occasion, provide the Head of Delegation with the information needed for the Community to decide on such derogation, with particular attention being given to:(a) the geographical location of the ACP State concerned;(b) the competitiveness of contractors, suppliers and consultants from the Member States and the ACP States; (c) 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; and(e) technology that is the most appropriate and best suited to local conditions.2. Participation by third countries in contracts financed by the Community may also be authorized:(a) where the Community participates in the financing of regional or inter-regional schemes involving such countries;(b) in the case of co-financing projects and programmes; and(c) in the case of emergency assistance.3. In exceptional cases and in agreement with the Commission, consultancy firms with experts who are nationals of third countries may participate in service contracts.Article 23  Competition 1. To simplify and streamline the general rules and regulations for competition and preferences for EDF financed operations, contracts shall be awarded through open and restricted procedures as well as framework contract, direct agreement contracts and direct labour as follows:(a) open international invitation to tender through or after the publication of a procurement notice in accordance with the provisions of this Agreement;(b) open local invitation to tender where the procurement notice is published exclusively in the beneficiary ACP State;(c) restricted international invitation to tender where the Contracting Authority invites a limited number of candidates to take part in the call for tender after the publication of a pre-information notice;(d) direct agreement contracts which involve simplified procedure where the publication of the procurement notice is dispensed with and the Contracting Authority invites a limited number of service providers to present their offers; and(e) direct labour agreement where contracts are performed through public or semi-public agencies and departments of the beneficiary States concerned. 2. Contracts financed from the Fund shall be concluded according to the following provisions: (a) works contracts of a value :i) higher than EUR 5 000 000 shall be awarded in an open international invitation to tender;ii) between EUR 300 000 and EUR 5 000 000 shall be awarded through an open local invitation to tender; andiii) lower than EUR 300 000 shall be awarded by direct agreement contract which involves a simplified procedure without publication of a procurement notice.(b) supply contracts of a value :i) higher than EUR 150 000 shall be awarded through an open international invitation to tender;ii) between EUR 30 000 and EUR 150 000 shall be awarded through an open local invitation to tender; andiii) below EUR 30 000 shall be awarded by direct agreement contract which involves a simplified procedure without publication of a procurement notice.(c) service contracts of a value :i) higher than EUR 200 000 shall be awarded through a restricted international tender after publication of a procurement notice; andii) below EUR 200 000 shall be awarded by direct agreement contract which involves a simplified procedure or a framework contract.3. For works, supply and service contracts with a value of EUR 5 000 or less, these can be awarded directly without competition.4. In case of restricted invitation to tender, a short-list of prospective tenderers shall be drawn up by the ACP State or States concerned in agreement with the Head of Delegation following, where applicable, a call for pre-qualification of tenders based on the publication of a procurement notice.  5. In case of direct-agreement contracts, the ACP State shall enter freely into such discussions as it may consider appropriate with the prospective tenderers whom it has short-listed in accordance with the provisions below and award the contract to the tenderers whom it has selected.6. The ACP States may request the Commission to negotiate, draw up, conclude and implement service contracts directly on their behalf or through its relevant agency.Article 24 Direct labour 1. In case of direct labour operations, projects and programmes shall be implemented through public or semi-public agencies or departments of the State or States concerned or by the person responsible for executing the operation. 2. The Community shall contribute to the costs of the department involved by providing the equipment and/or materials that it lacks and/or resources to allow it to acquire additional staff required in the form of experts from within the ACP States concerned or other ACP States. The participation of the Community shall cover only costs incurred by supplementary measures and temporary expenditure relating to execution strictly confined to the requirements of the project in question.Article 25 Emergency assistance contractsContracts under emergency assistance shall be undertaken in such a way as to reflect the urgency of the situation. To this end, for all operations relating to emergency assistance, the ACP State may, in agreement with the Head of Delegation, authorize:a) the conclusion of contracts by direct agreement;b) the performance of contracts by direct labour;c) implementation through specialized agencies; andd) direct implementation by the Commission.Article 26 PreferencesMeasures 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 Fund in order to permit the optimization of the physical and human resources of those States. To this end:a) for works contracts of a value of less than EUR 5 000 000, tenderers of the ACP States, provided that at least one quarter of the capital stock and management staff originates from one or more ACP States, shall be accorded a 10% price preference where tenders of an equivalent economic, technical and administrative quality are compared;b) for supply contracts, irrespective of the value of the supplies, tenderers of the ACP States who offer supplies of at least 50% in contract value of ACP origin, shall be accorded a 15% price preference where tenders of equivalent economic, technical and administrative quality are compared;c) in respect of service contracts, given the required competence, preference shall be given to;(i) experts, institutions or consultancy companies or firms from ACP States where tenders of equivalent economic and technical quality are compared, (ii) offers submitted by an ACP firm in a consortium with European partners, and (iii) offers presented by European tenderers with ACP sub-contractors or experts. d) where subcontracting is envisaged, preference shall be given by the successful tenderer to natural persons, companies and firms of ACP States capable of performing the contract required on similar terms; ande) the ACP State may, in the invitation to tender, propose to the prospective tenderers the assistance of other ACP States' companies or firms or national experts or consultants selected by mutual agreement. This co-operation may take the form either of a joint venture, or of a subcontract or of on-the-job training of trainees.Article 27 Award of contracts1. Without prejudice to article 24 above, the ACP State shall award the contract to the tenderer:(a) whose tender is found to be responsive to the tender dossier;(b) for a works or supply contract, who has offered the most advantageous tender as assessed, inter alia, on the basis of :i) the price, the operating and maintenance costs;ii) the qualifications of, and the guarantees offered by the tenderers, as well as the technical qualities of the tender, including the offer of an after-sales service in the ACP State; andiii) the nature of, the conditions and the time limit for executing the contracts, and the adaptation to local conditions.(c) for a service contract who offers the most advantageous tender taking into account, inter alia, the price, the technical value of the tender, the organization and the methodology proposed for the provision of the services as well as the competence, independence and availability of the personnel proposed.2. Where two tenders are acknowledged to be equivalent on the basis of the criteria stated above, preference shall be given:(a) to the tenderer of an ACP State; or(b) if no such tender is forthcoming, to the tenderer who :i) permits the best possible use of the physical and human resources of the ACP States;ii) offers the greatest subcontracting possibilities to ACP companies, firms or natural persons; oriii) is a consortium of natural persons, companies and firms from ACP States and the Community.Article 28 General regulations for contracts1. The award of contracts financed from the resources of the Fund shall be governed by this Annex and the procedures which shall be adopted by decision of the Council of Ministers at the first meeting following the signing of this Agreement, upon the recommendation of the ACP-EC Development Finance Co-operation Committee referred to in this Agreement. These procedures shall respect the provisions of this Annex and the Community's procurement rules for co-operation with third countries.2. Pending the adoption of these procedures, the current EDF rules as contained in the current general regulations and general conditions of contracts shall apply.Article 29 General conditions for contractsPerformance of works, supply and service contracts financed from the resources of the Fund shall be governed by:a) the general conditions applicable to contracts financed by the Fund which shall be adopted by decision of the Council of Ministers at the first meeting following the signing of this Agreement, upon the recommendation of the ACP-EC Development Finance Co-operation Committee referred to in this Agreement; orb) in the case of co-financed projects and programmes, or where a derogation to third parties has been granted or in accelerated procedures or in other appropriate cases, such other general conditions as may be agreed by the ACP State concerned and the Community, i.e. :(i) the general conditions for contracts prescribed by the national legislation of the ACP State concerned or its established practices regarding international contracts; or(ii) any other international general conditions for contracts.Article 30 Settlement of disputesAny dispute arising between the authorities of an ACP State and a contractor, supplier or provider of services during the performance of a contract financed by the Fund shall:a) in the case of a national contract, be settled in accordance with the national legislation of the ACP State concerned; and b) in the case of a transnational contract be settled either :(i) if the Parties to the contract so agree, in accordance with the national legislation of the ACP State concerned or its established international practices; or(ii) by arbitration in accordance with the procedural rules which will be adopted by decision of the Council of Ministers at the first meeting following the signing of this Agreement, upon the recommendation of the ACP-EC Development Finance Co-operation Committee referred to in this Agreement.Article 31 Tax and customs arrangements1. The ACP States shall apply to contracts financed by the Community tax and customs arrangements no less favourable than those applied by them to the most favoured States or international development organisations with which they have relations.  For the purpose of determining the most-favoured-nation (MFN) treatment, account shall not be taken of arrangements applied by the ACP State concerned to other ACP States, or to other developing countries.2. Subject to the above provisions the following shall apply to contracts financed by the Community:(a) the contract shall not be subject in the beneficiary ACP State to stamp or registration duties or to fiscal charges having equivalent effect, whether such charges already exist or are to be instituted in the future; however, such contracts shall be registered in accordance with the laws in force in the ACP State and a fee corresponding to the service rendered may be charged for it;(b) profits and/or income arising from the performance of contracts shall be taxable according to the internal fiscal arrangements of the ACP State concerned, provided that the natural or legal persons who realise such profit and/or income have a permanent place of business in that State, or that the performance of the contract takes longer than six months;(c) enterprises which must import professional equipment in order to carry out works contracts shall, if they so request, benefit from the system of temporary admission as laid down by the national legislation of the beneficiary ACP State in respect of the said equipment;(d) professional equipment necessary for carrying out tasks defined in a service contract shall be temporarily admitted into the beneficiary ACP State or States in accordance with its national legislation free of fiscal, import and customs duties and of other charges having equivalent effect where these duties and charges do not constitute remuneration for services rendered;(e) imports under supply contracts shall be admitted into the beneficiary ACP State without customs duties, import duties, taxes or fiscal charges having equivalent effect.  The contract for supplies originating in the ACP State concerned shall be concluded on the basis of the ex-works price of the supplies to which may be added such internal fiscal charges as may be applicable to those supplies in the ACP State;(f) fuels, lubricants and hydrocarbon binders and, in general, all materials used in the performance of works contracts shall be deemed to have been purchased on the local market and shall be subject to fiscal rules applicable under the national legislation in force in the beneficiary ACP State; and(g) personal and household effects imported for use by natural persons, other than those recruited locally, engaged in carrying out tasks defined in a service contract and members of their families, shall be exempt from customs or import duties, taxes and other fiscal charges having equivalent effect, within the limit of the national legislation in force in the beneficiary ACP State.3. Any matter not covered by the above provisions on tax and customs arrangements shall remain subject to the national legislation of the ACP State concerned.Chapter 5  Monitoring and evaluationArticle 32  ObjectivesThe objective of monitoring and evaluation shall consist in the regular assessment of development operations (preparation, implementation and subsequent operation) with a view to improving the development effectiveness of on-going and future operations. Article 33 Modalities1. Without prejudice to evaluations carried out by the ACP States or the Commission, this work will be done jointly by the ACP State(s) and the Community. The ACP-EC Development Finance Co-operation Committee shall ensure the joint character of the joint monitoring and evaluation operations.  In order to assist the ACP-EC Development Finance Co-operation 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 Fund's operations and activities by comparing results with objectives; and thereby(b) enable the ACP States and the Commission and the Joint Institutions, to feed the lessons of experience back into the design and execution of future policies and operations. Chapter 6   Management and executing agentsArticle 34 The Chief Authorizing Officer1. The Commission shall appoint the Chief Authorising Officer of the Fund, who shall be responsible for managing the resources of the Fund. The Chief Authorising Officer shall be responsible for commitment, clearance, authorisation and accounting of expenditure under the Fund.2. The Chief Authorizing Officer shall:(a) commit, clear and authorize expenditure and keep accounts of commitments and authorizations;(b) ensure that financing decisions are carried out;(c) in close co-operation with the National Authorizing Officer, make commitment decisions and financial arrangements that prove necessary to ensure proper execution of approved operations from the economic and technical viewpoints;(d) prepare the tender dossier before the invitations to tender are issued, for:(i) open international tender, and(ii) restricted international invitation to tender with prequalification.(e) approve the proposals for the placing of contracts subject to the powers exercised by the Head of Delegation under Article 36;(f) ensure publication in reasonable time of international invitations to tender.3. The Chief Authorizing Officer shall, at the end of each year, make available a detailed balance sheet of the Fund showing balances of contributions paid into the Fund by the Member States and global disbursements in respect of each financing heading.Article 35 National Authorizing Officer1. The Government of each ACP States shall appoint a National Authorising Officer to represent it in all operations financed from the resources of the Fund managed by the Commission and the Bank. The National Authorizing Officer may delegate some of these functions and shall inform the Chief Authorizing Officer of any such delegation. The National Authorising Officer shall:(a) in close co-operation with the Head of Delegation be responsible for the preparation, submission and appraisal of projects and programmes; (b) in close co-operation with the Head of Delegation, issue invitations for local open tender, receive tenders, both local and international( open and restricted), preside over the examination of tenders, establish the results of this examination, sign contracts and riders thereto and approve expenditure; (c) submit, before issuing local open invitations to tender, the invitation to tender dossier to the Head of Delegation who shall give his agreement within 30 days;(d) complete the evaluation of tenders within the tender validity period taking into consideration the period required for the approval of contracts;(e) transmit the results of the examination of and a proposal for placing the contract to the Head of Delegation for his approval within the time limits set out in Article 36;(f) clear and authorize expenditure within the limits of the funds assigned to him; and(g) during the execution operations, make any adaptation arrangements necessary to ensure the proper execution of approved projects or programmes from the economic and technical viewpoint.2. The National Authorizing Officer shall, during the execution of operations and subject to the requirement to inform the Head of Delegation, decide on:(a) technical adjustments and alterations in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments;(b) alterations to estimates during execution;(c) transfers from item to item within estimates;(d) changes of site for multiple-unit projects or programmes where justified on technical, economic or social grounds;(e) imposition or remission of penalties for delay;(f) acts discharging guarantors;(g) purchase of goods, irrespective of their origin, on the local market;(h) use of construction equipment and machinery not originating in the Member States or ACP States provided there is no production of comparable equipment and machinery in the Member States or ACP States;(i) subcontracting;(j) final acceptance, provided that the Head of Delegation is present at provisional acceptance, endorses the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and(k) hiring of consultants and other technical assistance experts.Article 36 Head of Delegation1. The Commission shall be represented in each ACP State or in each regional grouping, which expressly so requests, by a delegation under the authority of a Head of Delegation, with the approval of the ACP State or States concerned. Where a Head of Delegation is appointed to a group of ACP States, appropriate steps shall be taken to ensure that the Head of Delegation is represented by a deputy resident in each of the States in which the Head of Delegation is not resident. The Head of Delegation shall represent the Commission in all spheres of its competence and in all its activities.1. 2. To this end, and in close co-operation with the National Authorizing Officer, the Head of Delegation shall: (a) at the request of the ACP State concerned, participate and give assistance in the preparation of projects and programmes and in negotiating technical assistance contracts;(b) participate in appraising projects and programmes, preparing tender dossiers and seeking ways to simplify project and programme appraisal and implementation procedures;(c) prepare financing proposals;(d) approve before the National Authorizing Officer issues them, the local open invitation to tender and the emergency assistance contract dossiers within 30 days of their submission to him by the National Authorizing Officer;(e) be present at the opening of tenders and receive copies of them and of the results of their examination;(f) approve, within 30 days, the National Authorizing Officer's proposal for the placing of local open tenders, direct agreement contracts, emergency assistance contracts, service contracts and works contracts with a value less than EUR 5 million and supply contracts with a value less than EUR 1 million;(g) for all other contracts not covered by the above, approve within 30 days the National Authorising Officer's proposal for the placing of the contract wherever the following conditions are fulfilled:  i) the tender selected is the lowest of those conforming to the requirements of the tender dossier; ii) the tender selected meets all the selection criteria stated in the tender dossier; and iii) the tender selected does not exceed the sum earmarked for the contract. (h) where the conditions set out in paragraph (g) above are not fulfilled, forward the proposal to the Chief Authorizing Officer who shall decide thereon within 60 days of the receipt of the Head of Delegation. Where the price of the selected tender exceeds the sum earmarked for the contract, the Chief Authorising Officer shall, upon giving approval to the award, make the necessary financial commitment; (i) endorse contracts and estimates in the case of direct labour, riders thereto as well as payment authorizations issued by the National Authorizing Officer;(j) ensure that the projects and programmes financed from the resources of the Fund managed by the Commission are properly executed from the financial and technical viewpoints;(k) co-operate with the national authorities of the ACP State where he represents the Commission in evaluating operations regularly;(l) communicate to the ACP State all information and relevant documents on the procedures for implementing development finance co-operation especially as regards appraisal criteria and tender evaluation criteria; and(m) on a regular basis, inform the national authorities of Community activities which may directly concern co-operation between the Community and the ACP States.3. The Head of Delegation shall have the necessary instructions and delegated powers to facilitate and expedite all operations under the Agreement. Any further delegation of administrative and/or financial powers to the Head of Delegation other than described in this Article shall be notified to the National Authorising Officers and the Council of Ministers.Article 37 Payments and paying agents1. For the purpose of effecting payments in the national currencies of the ACP States, accounts denominated in the currencies of the Members States or in Euro shall be opened in each ACP State in the name of the Commission with a national public or semi-public financial institution chosen by agreement between the ACP State and the Commission.  This institution shall exercise the functions of National Paying Agent.2. The National Paying Agent shall receive no remuneration for its services and no interest shall be payable by it on deposited funds.  The local accounts shall be replenished by the Commission in the currency of one of the Member States or in Euro, based on estimates of future cash requirements, which shall be made sufficiently in advance to avoid the need for pre-financing by ACP States and to prevent delayed disbursements.3. For the purpose of effecting payments in Euro, accounts denominated in Euro shall be opened in the name of the Commission with financing institutions in the Member States.  These institutions shall exercise the functions of Paying Agents in Europe.4. Payments from the European accounts, which will be executed on the instruction of the Commission or by the Head of Delegation acting on its behalf, may be made in respect of expenditure authorised by the National Authorizing Officer or by the Chief Authorizing Officer with the prior authorisation of the National Authorizing Officer.5. Within the limits of the funds available in the accounts, the Paying Agents shall make disbursements authorised by the National Authorizing Officer or, as appropriate, the Chief Authorizing Officer, after verifying that the supporting documents provided are substantially correct and in order, and that the discharge given for payment is valid.6. The procedures for clearance, authorisation and payment of expenditure must be completed within a period of 90 days from the date on which the payment becomes due. The National Authorizing Officer shall process and deliver the payment authorization to the Head of Delegation not later than 45 days before the due date.7. Claims for delayed payments shall be borne by the ACP State or States concerned, and by the Commission from its own resources, for that part of the delay for which each party is responsible in accordance with the above procedures.8. The Paying Agents, the National Authorizing Officer, the Head of Delegation and the responsible Commission departments shall remain financially liable until the Commission gives final clearance for the operations for the execution of which they are responsible.ANNEX V :   TRADE REGIME APPLICABLE DURING THE PREPARATORY PERIOD REFERRED TO IN ARTICLE 37 (1)Chapter 1 General trade arrangementsArticle 11. Products originating in the ACP States shall be imported into the Community free of customs duties and charges having equivalent effect.2. (a) For products originating in the ACP States:- listed in Annex I to the Treaty where they come under a common organization of the market within the meaning of Article 34 of the Treaty, or- subject, on import into the Community, to specific rules introduced as a result of the implementation of the common agricultural policy, the Community shall take the necessary measures to ensure more favorable treatment than that granted to third countries benefiting from the most-favored-nation clause for the same products.(b) If, during the application of this annex, the ACP States request that new lines of agricultural production or agricultural products which are not the subject of specific arrangements when this annex enters into force should benefit from such arrangements, the Community shall examine these requests in consultation with the ACP States.(c) Notwithstanding the above, the Community shall, in the context of the special relations and special nature of ACP-EC cooperation, examine on a case-by-case basis the requests from the ACP States for preferential access for their agricultural products to the Community market and shall notify its decision on these reasoned requests if possible within four months, and in any case not more than six months after the date of their submission.Within the context of subparagraph (a), the Community shall take its decisions in particular with reference to concessions granted to developing third countries. It shall take account of the possibilities offered by the off-season market.(d) The arrangements referred to in subparagraph (a) shall enter into force at the same time as this Agreement and shall remain applicable for the duration of the preparatory period defined in Article 37(1) of the Agreement. However, if during this period, the Community:- subjects one or more products to common organization of the market or to specific rules introduced as a result of the implementation of the common agricultural policy, it shall reserve the right to adapt the import treatment for those products originating in the ACP States, following consultations within the Council of Ministers.  In such cases, the provisions of subparagraph (a) shall be applicable;- modifies the common organization of the market in a particular product or the specific rules introduced as a result of the implementation of the common agricultural policy, it shall reserve the right to modify the arrangements laid down for products originating in the ACP States, following consultations within the Council of Ministers.  In such cases the Community shall undertake to ensure that products originating in the ACP States continue to enjoy an advantage comparable to that previously enjoyed in relation to products originating in third countries benefiting from the most-favored-nation clause.(e) Where the Community intends to conclude a preferential agreement with third States it shall inform the ACP States thereof. Consultations shall take place where the ACP States so request in order to safeguard their interests.Article 21. The Community shall not apply to imports of products originating in the ACP States any quantitative restrictions or measures having equivalent effect.2. Paragraph 1 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security, the protection of health and life of humans, animals and plants, the protection of national treasures possessing artistic, historic or archaeological value, conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption, or the protection of industrial and commercial property.3. Such prohibitions or restrictions shall in no case constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction of trade generally.In cases where implementation of the measures referred to in paragraph 2 affects the interests of one or more ACP States, consultation 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.Article 31. Where new measures or measures stipulated in programs adopted by the Community for the approximation of laws and regulations in order to facilitate the movement of goods are likely to affect the interests of one or more ACP States, the Community shall, prior to adopting such measures, inform the ACP States thereof through the Council of Ministers.2. In order to enable the Community to take into consideration the interests of the ACP State concerned, 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.Article 41. Where existing Community rules or regulations adopted in order to facilitate the movement of goods 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 with a view to reaching a satisfactory solution.2. With a view to finding a satisfactory solution, the ACP States may also bring up within the Council of Ministers any other problems relating to the movement of goods which might result from measures taken or envisaged by the Member States.3. The relevant institutions of the Community shall, to the greatest possible extent, inform the Council of Ministers of such measures in order to ensure effective consultations.Article 51. The ACP States shall not be required to assume, in respect of imports of products originating in the Community, obligations corresponding to the commitment entered into by the Community under this Annex in respect of imports of the products originating in the ACP States.2. (a) In their trade with the Community, the ACP States shall not discriminate among the Member States and shall grant to the Community treatment no less favorable than most-favored-nation treatment.(b) The most-favored-nation treatment referred to in subparagraph (a) shall not apply in respect of trade or economic relations between ACP States or between one or more ACP States and other developing countries.Article 6Each Contracting Party shall communicate its customs tariff to the Council of Ministers within three months of the entry into force of this Annex. Each Contracting Party shall also communicate any subsequent amendments to its tariff as and when they come into force.Article 71. The concept of 'originating products' for the purposes of implementing this Annex, and the methods of administrative cooperation relating thereto, are defined in Protocol 1 annexed hereto.2. The Council of Ministers may adopt any amendment to Protocol 1.3. Where the concept of 'originating products' has not yet been defined for a given product pursuant to paragraphs 1 or 2, each Contracting Party shall continue to apply its own rules.Article 81. Where any product is being imported into the Community in such increased quantities and under such conditions as to cause or threaten to cause serious injury to its domestic producers of like or directly competitive products or serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 9.2. The Community undertakes not to use other means for protectionism purposes or to hamper structural development. The Community will refrain from using safeguard measures having the same effect.3. Safeguard measures shall be restricted to those which would least disturb trade between the Contracting Parties in implementing the objectives of this Agreement and must not exceed the scope of what is strictly necessary to remedy the difficulties that have arisen.4. When applied, safeguard measures shall take into account the existing level of the ACP exports concerned to the Community and their potential for development.  Particular attention shall be paid to the interests of the least-developed, landlocked and island ACP States.Article 91. Prior consultation shall take place concerning the application of the safeguard clause, both when such measures are first adopted and when they are extended.  The Community shall provide the ACP States with all the information required for such consultations and shall provide the data from which to determine to what extent imports from an ACP State of a specific product have caused the effects referred to in Article 8(1).2. Where consultations have taken place, safeguard measures, or arrangements jointly agreed upon by the ACP States concerned and the Community, shall enter into force thereafter.3. However, the prior consultations provided for in paragraphs 1 and 2 shall not prevent any immediate decisions which the Community, in accordance with Article 8(1), might take where special factors have necessitated such decisions.4. In order to facilitate the examination of factors that may cause market disturbances, a mechanism shall be instituted for the statistical surveillance of certain ACP exports to the Community.5. The Contracting Parties undertake to hold regular consultations with a view to finding satisfactory solutions to problems which might result from the application of the safeguard clause.6. The prior consultations as well as the regular consultations and the surveillance mechanism referred to in paragraphs 1 to 5 shall be implemented in accordance with Protocol 2 annexed hereto.Article 10The Council of Ministers shall, at the request of any Contracting Party concerned, consider the economic and social effects of the application of the safeguard clause.Article 11When safeguard measures are being taken, modified or removed, particular attention shall be paid to the interests of the least-developed, landlocked and island ACP States.Article 12In order to ensure the effective implementation of this Annex, the Contracting Parties agree to inform and consult each other.In addition to the cases for which consultations are specifically provided for in Article 2 to 9, consultations shall also take place, at the request of the Community or the ACP States, and in accordance with the conditions provided for in the procedural rules in Article 12 of this Agreement, particularly in the following cases:(1) where Contracting Parties intend to take any trade measures affecting the interests of one or more Contracting Parties under this Annex, they shall inform the Council of Ministers thereof. Consultations shall take place, where the Contracting Parties concerned so request, in order to take account of their respective interests;(2) if, during the application of this Annex, the ACP States consider that agricultural products covered by paragraph 1 (2)(a) other than those subject to special treatment should benefit form such treatment, consultations may take place within the Council of Ministers;(3) where a Contracting Party considers that obstacles to the movement of goods arise as a result of the existing rules of another Contracting Party or the interpretation, application or administration thereof;(4) where the Community takes safeguard measures in accordance with the provisions of Article 8 of this Annex, consultations on these measures may take place within the Council of Ministers, where the Contracting Parties concerned so request, notably with a view to ensuring compliance with paragraph 8(3).Such consultations must be completed within three months. Chapter 2 Special undertaking on sugar and beef and vealArticle 131. In accordance with Article 25 of the ACP-EEC Convention of Lomé signed on 28 February 1975 and with Protocol 3 annexed thereto, the Community has undertaken for an indefinite period, notwithstanding the other provisions of this Annex, to purchase and import, at guaranteed prices, specific quantities of cane sugar, raw or white, which originates in the ACP States producing and exporting cane sugar and which those States have undertaken to deliver to it.2. The conditions for the implementation of the aforementioned Article 25 have been laid down by Protocol 3 referred to in paragraph 1.  The text of the Protocol is attached to this Annex as Protocol 3.3. Article 8 of this Annex shall not apply within the framework of the said Protocol.4. For the purpose of Article 8 of the said Protocol the institutions established under this Agreement may be used during the period of application of this Agreement.5. Article 8(2) of the said Protocol shall apply should this Agreement cease to be operative.6. The declarations contained in Annexes XIII, XXI and XXII of the Final Act to the ACP-EEC Convention of Lomé signed on 28 February 1975 are reaffirmed and their provisions shall continue to apply. These declarations are annexed as such to protocol 3.7. This Article and Protocol 3 shall not apply to relations between the ACP States and the French overseas departments.Article 14The special undertaking on beef and veal, defined in Protocol 4 annexed hereto shall apply. Chapter 3 Final provisionsArticle 15The Protocols attached to this Annex shall form an integral part thereof. PROTOCOL 1 CONCERNING THE DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS" AND METHODS OF ADMINISTRATIVE COOPERATIONINDEX  //  19. Conditions for making out an invoice declaration  //  20. Approved exporter  //  21. Validity of proof of originTITLE I: General Provisions  //  22. Transit procedure  //  23. Submission of proof of originArticles  //  24. Importation by installments1. Definitions  //  25. Exemptions from proof of origin  //  26. Information procedure for cumulation purposesTITLE II : Definition on the concept of "originating products"  //  27. Supporting documents  //  28. Preservation of proof of origin and supporting documents  //  29. Discrepancies and formal errorsArticles  //  30. Amounts expressed in EUR2. General requirements  //  3. Wholly obtained products  //  TITLE V : Arrangements for administrative cooperation4. Sufficiently worked or processed products  //  5. Insufficient working or processing operations  //  Articles6. cumulation of origin  //  31. Mutual assistance7. Unit of qualification  //  32. Verification of proofs of origin8. Accessories, spare parts and tools  //  33. Verification of suppliers' declaration9. Sets  //  34. Dispute settlement10. Neutral elements  //  35. Penalties  //  36. Free zonesTITLE III : Territorial requirements  //  37. Customs Cooperation Committee  //  38. DerogationsArticles  //  11. Principle of territoriality  //  TITLE VI : Ceuta and Melilla12. Direct transport  //  13. Exhibitions  //  Articles  //  39. Special conditionsTITLE IV : Proof of origin  //    //  TITLE VII : Final ProvisionsArticles  //  14. General requirements  //  Articles15. Procedure for the issue of a movement certificate EUR 1  //  40. Revision of rules of origin  //  41. Annexes16. Movement certificates EUR 1 issued retrospectively  //  42. Implementation of the Protocol17. Issue of a duplicate movement certificate EUR 1  //  18. Issue of movement certificates EUR 1 on the basis of a proof of origin issued or made out previously  //  INDEXANNEXESANNEX I : Introductory notes to the list in Annex IIANNEX II : List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating statusANNEX III ANNEX IV to Protocol 1 Form for movement certificateANNEX V to Protocol 1 Invoice declarationANNEX VIA to Protocol 1 Supplier declaration for products having preferential origin statusANNEX VIB : Supplier declaration for products not having preferential original statusANNEX VII : Information certificateANNEX VIII : Form for application for a derogationANNEX IX : List working or processing conferring the character of ACP origin on a product obtained when working or processing is carried out on textile materials originating in developing countries referred to in Article 6(11) of this ProtocolANNEX X : Textile products excluded from the cumulation procedure with certain developing countries referred to in Article 6(11) of this ProtocolANNEX XI : Products for which the cumulation provisions with South Africa referred to in Article 6(3) apply after 3 years from the provisional application of the Trade, Development and Co-operation Agreement between the European Community and the Republic of South AfricaANNEX XII : Products for which the cumulation provisions with South Africa referred to in Article 6(3) apply after 6 years from the provisional application of the Trade, Development and Co-operation Agreement between the European Community and the Republic of South AfricaANNEX XIII to protocol 1 Products to which Article 6(3) shall not be applicableANNEX XIV to Protocol 1 Fishery products to which Article 6(3) shall temporarily not be applicableANNEX XV to Protocol 1 Joint declaration on cumulation TITLE I  GENERAL PROVISIONSArticle 1 DefinitionsFor the purposes of this Protocol:(a) "manufacture" means any kind of working or processing including assembly or specific operations;(b) "material" means any ingredient, raw material, component or part, etc., used in the manufacture of the product;(c) "product" means the product being manufactured, even if it is intended for later use in another manufacturing operation;(d) "goods" means both materials and products;(e) "customs value" means the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation);(f) "ex-works price" means the price paid for the product ex works to the manufacturer in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;(g) "value of materials" means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the territory concerned (h) "value of originating materials" means the value of such materials as defined in subparagraph (g) applied mutatis mutandis;(i) "added value" shall be taken to be the ex-works price minus the customs value of third-country materials imported into the Community, the ACP States or the OCT(j) "chapters" and "headings" mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System, referred to in this Protocol as "the Harmonized System" or "HS";(k) "classified" refers to the classification of a product or material under a particular heading;(l) "consignment" means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;(m) "territories" includes territorial waters. TITLE II  DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"Article 2 General requirements1. For the purpose of implementing the trade co-operation provisions of ANNEX V, the following products shall be considered as originating in  the ACP States:(a) products wholly obtained in the ACP States  within the meaning of Article 3 of this Protocol;(b) products obtained in  the ACP States incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in  the ACP States within the meaning of Article 4 of this Protocol.2. For the purpose of implementing paragraph 1, the territories of the ACP States shall be considered as being one territory.Originating products made up of materials wholly obtained or sufficiently worked or processed in two or more ACP States shall be considered as products originating in the ACP State where the last working or processing took place, provided the working or processing carried out there goes beyond that referred to in Article 5 of this Protocol.Article 3 Wholly obtained products1. The following shall be considered as wholly obtained, in the ACP States or in the Community, or in the countries and territories defined in Annex III, hereafter referred to as the OCT:(a) mineral products extracted from their soil or from their seabed;(b) vegetable products harvested there;(c) live animals born and raised there;(d) products from live animals raised there;(e) products obtained by hunting or fishing conducted there;(f) products of sea fishing and other products taken from the sea outside the territorial waters by their vessels;(g) products made aboard their factory ships exclusively from products referred to in subparagraph (f);(h) used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;(i) waste and scrap resulting from manufacturing operations conducted there;(j) products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;(k) goods produced there exclusively from the products specified in subparagraphs (a) to (j).2. The terms "their vessels" and "their factory ships" in paragraph 1(f) and (g) shall apply only to vessels and factory ships:(a) which are registered or recorded in an EC Member State, in an ACP State or in an OCT (b) which sail under the flag of an EC Member State, of an ACP State or of an OCT;(c) which are owned to an extent of at least 50 per cent by nationals of States party to the Agreement, or of an OCT, or by a company with its head office in one of these States or OCT, of which the Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of States party to the Agreement, or of an OCT, and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States party to the Agreement or to public bodies or nationals of the said States, or of an OCT;(d) of which at least 50 % of the crew, master and officers included, are nationals of States party to the Agreement, or of an OCT.3. Notwithstanding the provisions of paragraph 2, the Community shall recognise, upon request of an ACP State, that vessels chartered or leased by the ACP State be treated as "their vessels" to undertake fisheries activities in its exclusive economic zone under the following conditions: - that the ACP State offered the Community the opportunity to negotiate a fisheries agreement and the Community did not accept this offer;- that at least 50% of the crew, master and officers included are nationals of States party to the Agreement, or of an OCT;- that the charter or lease contract has been accepted by the ACP-EU Customs Cooperation Committee as providing adequate opportunities for developing the capacity of the ACP State to fish on its own account and in particular as conferring on the ACP State the responsibility for the nautical and commercial management of the vessel placed at its disposal for a significant period of time.Article 4 Sufficiently worked or processed products1. For the purposes of this Protocol, products which are not wholly obtained are considered to be sufficiently worked or processed in the ACP States, or in the Community or in the OCT, when the conditions set out in the list in Annex II are fulfilled.The conditions referred to above indicate, for all products covered by this Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product, which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.2. Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a given product may nevertheless be used, provided that:(a) their total value does not exceed 15 per cent of the ex-works price of the product;(b) any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph.3. Paragraphs 1 and 2 shall apply except as provided in Article 5.Article 5 Insufficient working or processing operations1. Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 4 are satisfied:(a) operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations);(b) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting up;(c) (i) changes of packaging and breaking up and assembly of packages;(ii) simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;(d) affixing marks, labels and other like distinguishing signs on products or their packaging;(e) simple mixing of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating in an ACP State, in the Community or in the OCT;(f) simple assembly of parts to constitute a complete product;(g) a combination of two or more operations specified in subparagraphs (a) to (f);(h) slaughter of animals.2. All the operations carried out in either the ACP States, the Community or the OCT on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.Article 6 Cumulation of originCumulation with the OCT and the Community1. Materials originating in the Community or in the OCT shall be considered as materials originating in the ACP States when incorporated into a product obtained there.  It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 5.2. Working and processing carried out in the Community or in the OCT shall be considered as having been carried out in the ACP States, when the materials undergo subsequent working or processing in the ACP States.Cumulation with South Africa3. Subject to the provisions of paragraphs, 4, 5, 6, 7 and 8, materials originating in South Africa shall be considered as originating in the ACP States when incorporated into a product obtained there.  It shall not be necessary that such materials have undergone sufficient working or processing.4. Products which have acquired originating status by virtue of paragraph 3 shall only continue to be considered as products originating in the ACP States when the value added there exceeds the value of the materials used originating in South Africa.  If this is not so, the products concerned shall be considered as originating in South Africa.  In the allocation of origin, no account shall be taken of materials originating in South-Africa which have undergone sufficient working or processing in the ACP States.5. The cumulation provided for in paragraph 3 may only be applied after 3 years for the products listed in Annex XI and 6 years for the products listed in Annex XII respectively, as from the provisional application of the Trade, Development and Co-operation Agreement between the European Community and the Republic of South Africa. The cumulation provided for in paragraph 3 shall not be applicable to the products listed in Annex XIII. 6. Notwithstanding paragraph 5, the cumulation provided for in paragraph 3 may be applied at the request of the ACP States for the products listed in Annexes XI and XII. The ACP-EC Committee of Ambassadors shall decide on the ACP requests, product per product, on the basis of a report drawn up by the ACP-EC Customs Co-operation Committee in accordance with Article 37. In the examination of requests, account shall be taken of the risk of the circumvention of the trade provisions of the agreement on trade, development and co-operation between the European Community and the Republic of South Africa.7. The cumulation provided for in paragraph 3 shall only be applicable to the products listed in annex XIV when the tariffs on these products in the framework of the agreement on trade, development and co-operation between the European Community and the Republic of South Africa have been eliminated. The European Commission shall publish in the Official Journal of the European Communities (C series) the date on which the conditions of this paragraph have been fulfilled.8. The cumulation provided for in paragraph 3 may only be applied where the South African materials used have acquired the status of originating products by an application of the rules of origin identical to those set out in this Protocol. The ACP States shall provide the Community with details of agreements and their corresponding rules of origin which have been concluded with South Africa. The European Commission shall publish in the Official Journal of the European Communities (C series) the date on which the ACP States have met the obligations laid down in this paragraph .9. Without prejudice to paragraphs 5 and 7, working and processing carried out in South Africa shall be considered as having been carried out in an other Member State of SACU when the materials undergo subsequent working or processing in that other Member State of SACU.10. Without prejudice to paragraphs 5 and 7 and at the request of the ACP States, working and processing carried out in South Africa, shall be considered as having been carried out in the ACP States, when the materials undergo subsequent working or processing in an ACP State within the context of a regional economic integration agreement.Unless there is a specific request by either party for a referral of the decision to the ACP-EC Council of Ministers, the ACP-EC Customs Cooperation Committee shall decide on the ACP requests in accordance with Article 37.Cumulation with neighbouring developing countries11. At the request of the ACP States, materials originating in a neighbouring developing country, other than an ACP State, belonging to a coherent geographical entity, shall be considered as materials originating in the ACP States when incorporated into a product obtained there.  It shall not be necessary that such materials have undergone sufficient working or processing, provided that :- the working or processing carried out in the ACP State exceeds the operations listed in Article 5. However, products of Chapter 50 to 63 of the Harmonised System shall in addition undergo in the ACP State at least working or processing as a result of which the product obtained is classified in a heading which is different from those in which the materials originating in the non-ACP developing country used in its manufacture, are classified. For products listed in Annex IX to this Protocol, only the specific processing referred to in column 3 shall apply, whether or not it involves a change of heading,- the ACP States, the Community and the other countries concerned have concluded an agreement on adequate administrative procedures which will ensure correct implementation of this paragraph.This paragraph shall not apply to tuna products classified under Harmonised System Chapters 3 or 16, rice products of HS Code 1006 or the textile products listed in Annex X to this Protocol.For the purpose of determining whether the products originate in the non-ACP developing country, the provisions of this Protocol shall apply. Unless there is a specific request by either party for a referral of the decision to the ACP-EC Council of Ministers, the ACP-EC Customs Cooperation Committee shall decide on the ACP requests in accordance with Article 37.Article 7 Unit of qualification1. The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System.Accordingly, it follows that:(a) when a product composed of a group or assembly of articles is classified under the terms of the Harmonized System in a single heading, the whole constitutes the unit of qualification;(b) when a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each product must be taken individually when applying the provisions of this Protocol.2. Where, under General Rule 5 of the Harmonized System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.Article 8 Accessories, spare parts and toolsAccessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.Article 9 SetsSets, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 per cent of the ex-works price of the set.Article 10 Neutral elementsIn order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:(a) energy and fuel;(b) plant and equipment;(c) machines and tools;(d) goods which do not enter and which are not intended to enter into the final composition of the product. TITLE III  TERRITORIAL REQUIREMENTSArticle 11 Principle of territoriality1. The conditions set out in Title II relative to the acquisition of originating status must be fulfilled without interruption in the ACP States , except as provided for in Article 62. If originating goods exported from the ACP States, the Community or the OCT to another country are returned, except insofar as provided for in Article 6, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:(a) the goods returned are the same goods as those exported; and(b) they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.Article 12 Direct transport1. The preferential treatment provided for under the trade co-operation provisions of ANNEX V applies only to products, satisfying the requirements of this Protocol, which are transported directly between the territory of the ACP States, of the Community of the OCT or of South Africa for the purposes of Article 6 without entering any other territory.  However, products constituting one single consignment may be transported through other territories with, should the occasion arise, transshipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.Originating products may be transported by pipeline across territory other than that of an ACP State, of the Community or of an OCT.2. Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:(a) a single transport document covering the passage from the exporting country through the country of transit; or(b) a certificate issued by the customs authorities of the country of transit:(i) giving an exact description of the products;(ii) stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used; and(iii) certifying the conditions under which the products remained in the transit country; or(c) failing these, any substantiating documents.Article 13 Exhibitions1. Originating products, sent from an ACP State for exhibition in a country other than those referred to in Article 6 and sold after the exhibition for importation into the Community shall benefit on importation from the provisions of ANNEX V provided it is shown to the satisfaction of the customs authorities that:(a) an exporter has consigned these products from an ACP State to the country in which the exhibition is held and has exhibited them there;(b) the products have been sold or otherwise disposed of by that exporter to a person in the Community;(c) the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and(d) the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.2. A proof of origin must be issued or made out in accordance with the provisions of Title IV and submitted to the customs authorities of the importing country in the normal manner.  The name and address of the exhibition must be indicated thereon.  Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organized for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control. TITLE IV  PROOF OF ORIGINArticle 14 General requirements1. Products originating in the ACP States shall, on importation into the Community benefit from ANNEX V upon submission of either:(a) a movement certificate EUR.1, a specimen of which appears in Annex III; or(b) in the cases specified in Article 19(1), a declaration, the text of which appears in Annex V to this Protocol, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified (hereinafter referred to as the "invoice declaration").2. Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 25, benefit from ANNEX V without it being necessary to submit any of the documents referred to above.Article 15 Procedure for the issue of a movement certificate EUR.11. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorized representative.2. For this purpose, the exporter or his authorized representative shall fill out both the movement certificate EUR.1 and the application form, specimens of which appear in Annex IV.  These forms shall be completed  in accordance with the provisions of  this Protocol.  If they are handwritten, they shall be completed in ink in printed characters.  The description of the products must be given in the box reserved for this purpose without leaving any blank lines.  Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.3. The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting ACP State where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfillment of the other requirements of this Protocol.4. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting ACP State if the products concerned can be considered as products originating in the ACP States or in one of the other countries referred to in Article 6 and fulfil the other requirements of this Protocol.5. The issuing customs authorities shall take any steps necessary to verify the originating status of the products and the fulfillment of the other requirements of this Protocol.  For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.  The issuing customs authorities shall also ensure that the forms referred to in paragraph 2 are duly completed.  In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.6. The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the certificate.7. A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.Article 16 Movement certificates EUR.1 issued retrospectively1. Notwithstanding Article 15(7), a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:(a) it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances; or(b) it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 was issued but was not accepted at importation for technical reasons.2. For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request.3. The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.4. Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:"NACHTRÄGLICH AUSGESTELLT", "DELIVRE A POSTERIORI","RILASCIATO A POSTERIORI", "AFGEGEVEN A POSTERIORI","ISSUED RETROSPECTIVELY", "UDSTEDT EFTERFØLGENDE","ÅÊÄÏÈÅÍ ÅÊ ÔÙÍ ÕÓÔÅÑÙÍ", "EXPEDIDO A POSTERIORI","EMITIDO A POSTERIORI", "ANNETTU JÄLKIKÄTEEN","UTFÄRDAT I EFTERHAND".5. The endorsement referred to in paragraph 4 shall be inserted in the "Remarks" box of the movement certificate EUR.1. Article 17 Issue of a duplicate movement certificate EUR.11. In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.2. The duplicate issued in this way must be endorsed with one of the following words:"DUPLIKAT", "DUPLICATA", "DUPLICATO", "DUPLICAAT", "DUPLICATE", "ÁÍÔÉÃÑÁÖÏ", "DUPLICADO", "SEGUNDA VIA", "KAKSOISKAPPALE".3. The endorsement referred to in paragraph 2 shall be inserted in the "Remarks" box of the duplicate movement certificate EUR.1.4. The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.Article 18 Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previouslyWhen originating products are placed under the control of a customs office in an ACP State or in the Community , it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of these products elsewhere within the ACP States or within the Community. The replacement movement certificate(s) EUR.1 shall be issued by the customs office under whose control the products are placed.Article 19 Conditions for making out an invoice declaration1. An invoice declaration as referred to in Article 14(1)(b) may be made out:(a) by an approved exporter within the meaning of Article 20, or (b) by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed  6 000 EURO.2. An invoice declaration may be made out if the products concerned can be considered as products originating in the ACP States or in one of the other countries referred to in Article 6 and fulfil the other requirements of this Protocol.3. The exporter making out an invoice declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfillment of the other requirements of this Protocol.4. An invoice declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex V to this Protocol, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country.  If the declaration is handwritten, it shall be written in ink in printed characters.5. Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 20 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him.6. An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.Article 20 Approved exporter1. The customs authorities of the exporting country may authorize any exporter who makes frequent shipments of products under the trade co-operation provisions of ANNEX V to make out invoice declarations irrespective of the value of the products concerned.  An exporter seeking such authorization must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfillment of the other requirements of this Protocol.2. The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.3. The customs authorities shall grant to the approved exporter a customs authorization number which shall appear on the invoice declaration.4. The customs authorities shall monitor the use of the authorization by the approved exporter.5. The customs authorities may withdraw the authorization at any time.  They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, does not fulfil the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorization.Article 21 Validity of proof of origin1. A proof of origin shall be valid for ten months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country.2. Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.3. In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date. Article 22 Transit procedureWhen the products enter an ACP State or OCT other than the country of origin, a further period of validity of 4 months shall commence on the date on which the customs authorities in the country of transit enter the following in box 7 of the certificate EUR.1:- the word "transit",- the name of the country of transit,- the official stamp, a specimen of which had been made available to the Commission, in conformity with Article 31,- date of the endorsements.Article 23 Submission of proof of originProofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of ANNEX V.Article 24 Importation by installmentsWhere, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonized System falling within Sections XVI and XVII or heading Nos 7308 and 9406 of the Harmonized System are imported by installments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first installment.Article 25 Exemptions from proof of origin1. Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration.  In the case of products sent by post, this declaration can be made on the customs declaration CN22/CN23 or on a sheet of paper annexed to that document.2. Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.3. Furthermore, the total value of these products shall not exceed  500 EURO in the case of small packages or  1 200 EURO in the case of products forming part of travellers' personal luggage.Article 26 Information procedure for cumulation purposes1. When Articles 2(2) and 6(1) are applied, the evidence of originating status within the meaning of this protocol of the materials coming from the other ACP States, the Community or the OCT shall be given by a movement certificate EUR 1 or by the supplier's declaration, a specimen of which appears in Annex VI A to this Protocol, given by the exporter in the State or OCT from which it came.2. When Articles 2(2), 6(2) and 6(9) are applied, the evidence of the working or processing carried out in the other ACP States, the Community, the OCT or South Africa shall be given by the supplier's declaration a specimen of which appears in Annex VI B to this Protocol, given by the exporter in the State or OCT from which it came. 3. A separate supplier's declaration shall be given by the supplier for each consignment of material on the commercial invoice related to that shipment or in an annex to that invoice, or on a delivery note or other commercial document related to that shipment which describes the materials concerned in sufficient detail to enable them to be identified.4. The supplier's declaration may be made out on a pre-printed form.5. The suppliers' declarations shall be signed in manuscript. However, where the invoice and the supplier's declaration are established using electronic data-processing methods, the supplier's declaration need not be signed in manuscript provided the responsible official in the supplying company is identified to the satisfaction of the customs authorities in the State where the suppliers' declarations are established. The said customs authorities may lay down conditions for the implementation of this paragraph.6. The supplier's declarations are submitted to the competent customs office in the exporting ACP State requested to issue the movement certificate EUR 1.7. Suppliers' declarations made and information certificates issued before the date of entry into force of  this Protocol in accordance with Article 23 of Protocol 1 to the fourth ACP-EEC Convention shall remain valid.Article 27 Supporting documentsThe documents referred to in Articles 15(3) and 19(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an invoice declaration can be considered as products originating in an ACP State or in one of the other countries referred to in Article 6 and fulfil the other requirements of this Protocol may consist inter alia of the following:(a) direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping;(b) documents proving the originating status of materials used, issued or made out in an ACP State or in one of the other countries referred to in Article 6 where these documents are used in accordance with domestic law;(c) documents proving the working or processing of materials in the ACP States, in the Community or in the OCT, issued or made out in an ACP State, in the Community or in an OCT, where these documents are used in accordance with domestic law;(d) movement certificates EUR.1 or invoice declarations proving the originating status of materials used, issued or made out in the ACP States or in one of the other countries referred to in Article 6 and in accordance with this Protocol.Article 28 Preservation of proof of origin and supporting documents1. The exporter applying for the issue of a movement certificate EUR.1 shall keep for at least three years the documents referred to in Article 15(3).2. The exporter making out an invoice declaration shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 19(3).3. The customs authorities of the exporting country issuing a movement certificate EUR.1 shall keep for at least three years the application form referred to in Article 15(2).4. The customs authorities of the importing country shall keep for at least three years the movement certificates EUR.1 and the invoice declarations submitted to them. Article 29 Discrepancies and formal errors1. The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.2. Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.Article 30 Amounts expressed in EURO1. The amounts to be used in any given national currency of a Member State shall be the equivalent in that national currency of the amounts expressed in EURO as at the first working day in October 1999.2. The amounts expressed in EURO and their equivalents in the national currencies of some EC Member States may be reviewed by the Community if necessary and shall be notified by the Community to the Customs Cooperation Committee not later than one month before they shall come into force When carrying out this review, the Community shall ensure that there will be no decrease in the amounts to be used in any national currency and shall furthermore consider the desirability of preserving the effects of the limits concerned in real terms.  For this purpose, it may decide to modify the amounts expressed in EURO.3. When the products are invoiced in the currency of another EC Member State, the importing country shall recognize the amount notified by the Member State concerned. TITLE V  ARRANGEMENTS FOR ADMINISTRATIVE COOPERATIONArticle 31 Mutual assistance1. The ACP States shall send to the Commission specimens of the stamps used together with the addresses of the customs authorities competent to issue movement certificates EUR.1 and carry out the subsequent verification of movement certificates EUR.1 and invoice declarations.Movement certificates EUR.1 and invoice declarations shall be accepted for the purpose of applying preferential treatment from the date the information is received by the Commission.The Commission shall send this information to the customs authorities of the Member States.2. In order to ensure the proper application of this Protocol, the Community, the OCT , the ACP States shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1, the invoice declarations or supplier's declarations and the correctness of the information given in these documents.The authorities consulted shall furnish the relevant information concerning the conditions under which the product has been made, indicating especially the conditions in which the rules of origin have been respected in the various ACP States, Member States, OCT concerned.Article 32 Verification of proofs of origin1. Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry.  Any documents and information obtained suggesting that the information given on the proof or origin is incorrect shall be forwarded in support of the request for verification.3. The verification shall be carried out by the customs authorities of the exporting country.  For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.4. If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.5. The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible.  These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the ACP States or in one of the countries referred to in Article 6 and fulfil the other requirements of this Protocol.6. If in cases of reasonable doubt there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.7. Where the verification procedure or any other available information appears to indicate that the provisions of this Protocol are being contravened, the ACP State on its own initiative or at the request of the Community shall carry out appropriate enquires or arrange for such enquiries to be carried out with due urgency to identify and prevent such contraventions and for this purpose the ACP State concerned may invite the participation of the Community in these enquiries.Article 33 Verification of suppliers' declarations1. Verification of suppliers' declaration may be carried out at random or whenever the customs authorities of the importing State have reasonable doubts as to the authenticity of the document or the accuracy or completeness of the information concerning the true origin of the materials in question.2. The customs authorities to which a supplier's declaration is submitted may request the customs authorities of the State where the declaration was made to issue an information certificate, a specimen of which appears in Annex VII to this Protocol. Alternatively, the customs authorities to which a supplier's declaration is submitted may request the exporter to produce an information certificate issued by the customs authorities of the State where the declaration was made.A copy of the information certificate shall be preserved by the office which has issued it for at least three years.3. The requesting customs authorities shall be informed of the results of the verification as soon as possible. The results must be such as to indicate positively whether the declaration concerning the status of the materials is correct.4. For the purpose of verification, suppliers shall keep for not less than three years a copy of the document containing the declaration together with all necessary evidence showing the true status of the materials.5. The customs authorities in the State where the supplier's declaration is established shall have the right to call for any evidence or to carry out any check which they consider appropriate in order to verify the correctness of any supplier's declaration.6. Any movement certificate EUR.1 or invoice declaration issued or made out on the basis of an incorrect supplier's declaration shall be considered null and void. Article 34 Dispute settlementWhere disputes arise in relation to the verification procedures of Articles 32 and 33 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Customs Cooperation Committee provided for in Article 37.In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.Article 35 PenaltiesPenalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.Article 36 Free zones1. The ACP States shall take all necessary steps to ensure that products traded under cover of a proof of origin or a supplier's declaration and which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.2. By means of an exemption to the provisions contained in paragraph 1, when originating products are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new EUR.1 certificate at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Protocol.Article 37 Customs Cooperation Committee1. A Customs Cooperation Committee, hereinafter referred to as "the Committee", shall be set up and charged with carrying out administrative cooperation with a view to the correct and uniform application of this Protocol and with carrying out any other task in the customs field which may be entrusted to it.2. The Committee shall examine regularly the effect on the ACP States and in particular on the least developed ACP States of application of the rules of origin and shall recommend to the Council of Ministers appropriate measures.3. The Committee shall take decisions on cumulation under the conditions laid down in Article 6.4. The Committee shall take decisions on derogations from this Protocol, under the conditions laid down in Article 38.5. The Committee shall meet regularly, in particular to prepare the decisions of the Council of Ministers pursuant to Article 40.6. The Committee shall be composed on the one hand of experts from the Member States and of Commission officials responsible for customs questions, and on the other hand of experts representing the ACP States and of officials of regional groupings of the ACP States who are responsible for customs questions. The Committee may call upon appropriate expertise where necessary.Article 38 Derogations1. Derogations from this Protocol may be adopted by the Committee where the development of existing industries or the creation of new industries justifies them.The ACP State or States concerned shall, either before or when the ACP States submit the matter to the Committee, notify the Community of its request for a derogation together with the reasons for the request in accordance with paragraph 2.The Community shall respond positively to all the ACP requests which are duly justified in conformity with this Article and which cannot cause serious injury to an established Community industry.2. In order to facilitate the examination by the Committee of requests for derogation, the ACP State making the request shall, by means of the form given in Annex VIII to this Protocol, furnish in support of its request the fullest possible information covering in particular the points listed below:- description of the finished product,- nature and quantity of materials originating in a third country,- nature and quantity of materials originating in ACP States, the Community or the OCT, or which have been processed there,- manufacturing processes,- value added,- number of employees in the enterprise concerned,- anticipated volume of exports to the Community,- other possible sources of supply for raw materials- reasons for the duration requested in the light of efforts made to find new sources of supply,- other observations.The same rules shall apply to any requests for extension.The Committee may modify the form.3. The examination of requests shall in particular take into account:(a) the level of development or the geographical situation of the ACP State or States concerned;(b) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in an ACP State to continue its exports to the Community, with particular reference to cases where this could lead to cessation of its activities;(c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the realisation of the investment programme would enable these rules to be satisfied by stages.4. In every case an examination shall be made to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem.5. In addition when a request for derogation concerns a least-developed or an island ACP State, its examination shall be carried out with a favourable bias having particular regard to:(a) the economic and social impact of the decision to be taken especially in respect of employment;(b) the need to apply the derogation for a period taking into account the particular situation of the ACP State concerned and its difficulties.6. In the examination of requests, special account shall be taken, case by case, of the possibility of conferring originating status on products which include in their composition materials originating in neighbouring developing countries, least-developed countries or developing countries with which one or more ACP States have special relations, provided that satisfactory administrative co-operation can be established.7. Without prejudice to paragraphs 1 to 6, the derogation shall be granted where the value added to the non-originating products used in the ACP State or States concerned is at least 45% of the value of the finished product, provided that the derogation is not such as to cause serious injury to an economic sector of the Community or of one or more Member States.8. Notwithstanding paragraphs 1 to 7, derogations concerning canned tuna and tuna loins shall only be granted within an annual quota of 8,000 tonnes, for canned tuna and within an annual quota of 2,000 tonnes for tuna loins.Applications for such derogations shall be submitted by the ACP States in accordance with the abovementioned quota to the Committee, which shall grant them automatically and put them into force by means of a decision.9. The Committee shall take steps necessary to ensure that a decision is reached as quickly as possible and in any case not later than seventy-five working days after the request is received by the EC Co-chairman of the Committee. If the Community does not inform the ACP States of its position on the request within this period, the request shall be deemed to have been accepted. In the event of a decision not being taken by the Committee, the Committee of Ambassadors shall be called upon to decide within one month of the date on which the matter is referred to it.10. (a) The derogation shall be valid for a period, generally of five years, to be determined by the Committee.(b) The derogation decision may provide for renewals without a new decision of the Committee being necessary, provided that the ACP State or States concerned submit, three months before the end of each period, proof that they are still unable to meet the conditions of this Protocol which have been derogated from.If any objection is made to the extension, the Committee shall examine it as soon as possible and decide whether to prolong the derogation. The Committee shall proceed as provided for in paragraph 9. All necessary measures shall be taken to avoid interruptions in the application of the derogation.(c) In the periods referred to in subparagraphs (a) and (b), the Committee may review the terms for implementing the derogation should a significant change be found to have taken place in the substantive factors governing the decision to grant the derogation. On conclusion of its review the Committee may decide to amend the terms of its decision as regards the scope of derogation or any other condition previously laid down. TITLE VI  CEUTA AND MELILLAArticle 39 Special conditions1. The term "Community" used in this Protocol shall not cover Ceuta and Melilla. The term "products originating in the Community" shall not cover products originating in Ceuta and Melilla.2. The provisions of this Protocol shall apply mutatis mutandis in determining whether products may be deemed as originating in the ACP States when imported into Ceuta and Melilla.3. Where products wholly obtained in Ceuta, Melilla, the OCT or the Community undergo working and processing in the ACP States, they shall be considered as having been wholly obtained in the ACP States.4. Working or processing carried out in Ceuta Melilla, the OCT or the Community shall be considered as having been carried out in the ACP States, when materials undergo further working or processing in the ACP States.5. For the purpose of implementing paragraphs 3 and 4, the insufficient operations listed in Article 5 shall not be considered as working or processing.6. Ceuta and Melilla shall be considered as a single territory. TITLE VII  FINAL PROVISIONSArticle 40 Revision of rules of originIn accordance with Article 7 of ANNEX V, the Council of Ministers shall examine annually, or whenever the ACP States or the Community so request, the application of the provisions of this Protocol and their economic effects with a view to making any necessary amendments or adaptations.The Council of Ministers shall take into account among other elements the effects on the rules of origin of technological developments.The decisions taken shall be implemented as soon as possible.Article 41 AnnexesThe Annexes to this Protocol shall form an integral part thereof.Article 42 Implementation of the ProtocolThe Community and the ACP States shall each take the steps necessary to implement this Protocol. ANNEX I to Protocol 1 Introductory notes to the list in Annex IINote 1:The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 4 of the Protocol.Note 2:1. first two columns in the list describe the product obtained.  The first column gives the heading number or chapter number used in the Harmonized System and the second column gives the description of goods used in that system for that heading or chapter.  For each entry in the first two columns a rule is specified in columns 3 or 4.  Where, in some cases, the entry in the first column is preceded by an "ex", this signifies that the rules in columns 3 or 4 apply only to the part of that heading as described in column 2.2. Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in columns 3 or 4 apply to all products which, under the Harmonized System, are classified in headings of the chapter or in any of the headings grouped together in column 1.3. Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4.4. Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt, as an alternative, to apply either the rule set out in column 3 or that set out in column 4.  If no origin rule is given in column 4, the rule set out in column 3 has to be applied.Note 3:1. The provisions of Article 4 of the Protocol concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the Community or in  the ACP States.Example:An engine of heading No 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 per cent of the ex-works price, is made from "other alloy steel roughly shaped by forging" of heading No ex 7224.If this forging has been forged in the Community from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading No ex 7224 in the list.  The forging can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or in another factory in the Community.  The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.2. The rule in the list represents the minimum amount of working or processing required and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer originating status.   Thus if a rule provides that non-originating material at a certain level of manufacture may be used, the use of such material at an earlier stage of manufacture is allowed and the use of such material at a later stage is not.3. Without prejudice to Note 3.2 where a rule states that "materials of any heading" may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule.  However, the expression "manufacture from materials of any heading, including other materials of heading No ..." means that only materials classified in the same heading as the product of a different description than that of the product as given in column 2 of the list may be used.4. When a rule in the list specifies that a product may be manufactured from more than one material, this means that any one or more materials may be used.  It does not require that all be used.Example:The rule for fabrics of heading Nos 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used.  This does not mean that both have to be used; it is possible to use one or the other or both.5. Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule.  (See also Note 6.3 below in relation to textiles).Example:The rule for prepared foods of heading No 1904 which specifically excludes the use of cereals and their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not products from cereals.However, this does not apply to products which, although they cannot be manufactured from the particular materials specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture.Example:In the case of an article of apparel of ex Chapter 62 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth - even if non-woven cloths cannot normally be made from yarn.  In such cases, the starting material would normally be at the stage before yarn - that is the fibre stage.6. Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together.  In other words, the maximum value of all the non-originating materials used may never exceed the highest of the percentages given.  Furthermore, the individual percentages must not be exceeded in relation to the particular materials they apply to.Note 4:1. The term "natural fibres" is used in the list to refer to fibres other than artificial or synthetic fibres.  It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres that have been carded, combed or otherwise processed but not spun.2. The term "natural fibres" includes horsehair of heading No 0503, silk of heading Nos 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of heading Nos 5101 to 5105, the cotton fibres of heading Nos 5201 to 5203 and the other vegetable fibres of heading Nos 5301 to 5305.3. The terms "textile pulp", "chemical materials" and "paper-making materials" are used in the list to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.4. The term "man-made staple fibres" is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of heading Nos 5501 to 5507.Note 5:1. Where for a given product in the list a reference is made to this note, the conditions set out in column 3 shall not be applied to any basic textile materials, used in the manufacture of this product, which, taken together, represent 10 per cent or less of the total weight of all the basic textile materials used.  (See also Notes 5.3 and 5.4 below).2. However, the tolerance mentioned in Note 5.1 may only be applied to mixed products which have been made from two or more basic textile materials.The following are the basic textile materials:- silk,- wool,- coarse animal hair,- fine animal hair,- horsehair,- cotton,- paper-making materials and paper,- flax,- true hemp,- jute and other textile bast fibres,- sisal and other textile fibres of the genus Agave,- coconut, abaca, ramie and other vegetable textile fibres,- synthetic man-made filaments,- artificial man-made filaments,- current conducting filaments- synthetic man-made staple fibres of polypropylene,- synthetic man-made staple fibres of polyester,- synthetic man-made staple fibres of polyamide,- synthetic man-made staple fibres of polyacrylonitrile,- synthetic man-made staple fibres of polyimide,- synthetic man-made staple fibres of polytetrafluoroethylene,- synthetic man-made staple fibres of polyphenylene sulphide,- synthetic man-made staple fibres of polyvinyl chloride,- other synthetic man-made staple fibres,- artificial man-made staple fibres of viscose,- other artificial man-made staple fibres,- yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped,- yarn made of polyurethane segmented with flexible segments of polyester whether or not gimped,- products of heading No 5605 (metallized yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,- other products of heading No 5605.Example:A yarn of heading No 5205 made from cotton fibres of heading No 5203 and synthetic staple fibres of heading No 5506 is a mixed yarn.  Therefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 per cent of the yarn. Example:A woollen fabric of heading No 5112 made from woollen yarn of heading No 5107 and synthetic yarn of staple fibres of heading No 5509 is a mixed fabric.  Therefore synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used provided their total weight does not exceed 10 per cent of the weight of the fabric.Example:Tufted textile fabric of heading No 5802 made from cotton yarn of heading No 5205 and cotton fabric of heading No 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.Example:If the tufted textile fabric concerned had been made from cotton yarn of heading No 5205 and synthetic fabric of heading No 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.3. In the case of products incorporating "yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped" this tolerance is 20 per cent in respect of this yarn.4. In the case of products incorporating "strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two layers of plastic film", this tolerance is 30 per cent in respect of this strip.Note 6:1. In the case of those textile products, which are marked in the list by a footnote referring to this Introductory Note, textile trimmings and accessories which do not satisfy the rule set out in the list in column 3 for the made up products concerned may be used provided that their weight does not exceed 10% of the total weight of all the textile materials incorporated.Textile trimmings and accessories are those classified in Chapters 50 to 63. Linings and interlinings are not be regarded as trimmings or accessories.2. Any non-textile trimmings and accessories or other materials used which contain textiles do not have to satisfy the conditions set out in column 3 even though they fall outside the scope of Note 3.5.3. In accordance with Note 3.5, any non-originating non-textile trimmings and accessories or other product, which do not contain any textiles, may, anyway, be used freely where they cannot be made from the materials listed in column 3.- For example, if a rule in the list says that for a particular textile item, such as a blouse, yarn must be used, this does not prevent the use of metal items, such as buttons, because they cannot be made from textile materials.4. Where a percentage rule applies, the value of trimmings and accessories must be taken into account when calculating the value of the non-originating materials incorporated.Note 7:1. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the "specific processes" are the following:(a) vacuum distillation;(b) redistillation by a very thorough fractionation process ;(c) cracking;(d) reforming;(e) extraction by means of selective solvents;(f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralization with alkaline agents; decolorization and purification with naturally active earth, activated earth, activated charcoal or bauxite;(g) polymerization;(h) alkylation;(i) isomerization.2. For the purposes of heading Nos 2710, 2711 and 2712, the "specific processes" are the following:(a) vacuum distillation;(b) redistillation by a very thorough fractionation process (1)(c) cracking;(d) reforming;(e) extraction by means of selective solvents;(f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralization with alkaline agents; decolorization and purification with naturally active earth, activated earth, activated charcoal or bauxite;(g) polymerization;(h) alkylation;(i) isomerization;(j) in respect of heavy oils falling within heading No ex 2710 only, desulphurization with hydrogen resulting in a reduction of at least 85 per cent of the sulphur content of the products processed (ASTM D 1266-59 T method);(k) in respect of products falling within heading No 2710 only, deparaffining by a process other than filtering;(l) in respect of heavy oils falling within heading No ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 25O°C with the use of a catalyst, other than to effect desulphurization, when the hydrogen constitutes an active element in a chemical reaction.  The further treatment with hydrogen of lubricating oils of heading No ex 2710 (e.g. hydrofinishing or decolorization) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;(m) in respect of fuel oils falling within heading No ex 2710 only, atmospheric distillation, on condition that less than 30 per cent of these products distils, by volume, including losses, at 300°C by the ASTM D 86 method;(n) in respect of heavy oils other than gas oils and fuel oils falling within heading No ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.3. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, any combination of these operations or like operations do not confer origin. ANNEX II to Protocol 1 List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating statusThe products mentioned in the list may not all be covered by the agreement.  It is therefore necessary to consult the other parts of the agreement>TABLE>ANNEX III to Protocol 1Within the meaning of this Protocol 'countries and territories' shall mean the countries and territories referred to in Part Four of the Treaty establishing the European community listed below:(This list does not prejudge the status of these countries and territories, or future changes in their status.)1. Country having special relations with the Kingdom of Denmark:- Greenland.2. Overseas territories of the French Republic:- New Caledonia,- French Polynesia,- French Southern and Antarctic Territories,- Wallis and Futuna Islands.3. Territorial collectivities of the French Republic:- Mayotte,- Saint Pierre and Miquelon.4. Overseas countries of the Kingdom of the Netherlands:- Aruba,- Netherlands Antilles:- Bonaire,- Curaçao,- Saba,- Sint Eustatius,- Sint Maarten.5. British overseas countries and territories :- Anguilla,- Cayman Islands,- Falkland Islands,- South Georgia and South Sandwich Islands,- Montserrat,- Pitcairn,- Saint Helena, Ascension Island, Tristan da Cunha- British Antarctic Territory,- British Indian Ocean Territory,- Turks and Caicos Islands,- British Virgin Islands.ANNEX IV to Protocol 1 Form for movement certificate1. Movement certificates EUR.1 shall be made out on the form of which a specimen appears in this Annex.  This form shall be printed in one or more of the languages in which the Agreement is drawn up.  Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State if they are handwritten, they shall be completed in ink and in capital letters.2. Each certificate shall measure 210 x 297mm, a tolerance of up to plus 8mm or minus 5mm in the length may be allowed.  The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 60g/m2.  It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.3. The exporting States may reserve the right to print the certificates themselves or may have them printed by approved printers.  In the latter case each certificate must include a reference to such approval.  Each certificate must bear the name and address of the printer or a mark by which the printer can be identified.  It shall also bear a serial number, either printed or not, by which it can be identified.4. Forms of the kind given in Annex 4 to Decision No 1/89 of the ACP-EEC Council of Ministers may continue to be used until stocks are exhausted or until 31 December 1992 at the latest. MOVEMENT CERTIFICATE>TABLE>(1) If goods are not packed, indicate number of articles or state "In bulk" as appropriate(2) Complete only where the regulations of the exporting country or territory require13. Request for verification, to:  //  14. Result of verification  //  Verification carried out shows that this certificate (*) was issued by the customs office indicated and that the information contained therein is accurate. does not meet the requirements as to authenticity and accuracy (see remarks appended).Verification of the authenticity and accurancy of this certificate is requested (Place and date)  Stamp (Signature)  //   (Place and date)  Stamp (Signature)________________________(*) Insert X in the appropriate box.NOTES1. Certificates must not contain erasures or words written over one another.  Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections.  Any such alteration must be initialled by the person who completed the certificate and endorsed by the customs authorities of the issuing country or territory.2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number.  A horizontal line must be drawn immediately below the last item.  Any unused space must be struck through in such a manner as to make any later additions impossible.3. Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified. APPLICATION FOR A MOVEMENT CERTIFICATE>TABLE>(1) If goods are not packed, indicate number of articles or state "In bulk" as appropriate DECLARATION BY THE EXPORTERI, the undersigned, exporter of the goods described overleaf,DECLARE that the goods meet the conditions required for the issue of the attached certificate;SPECIFY as follows the circumstances which have enabled these goods to meet the above conditions:                SUBMIT  the following supporting documents                 UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;REQUEST the issue of the attached certificate for these goods.  (Place and date)  (Signature) ANNEX V to Protocol 1 Invoice declarationThe invoice declaration, the text of which is given below, must be made out in accordance with the footnotes.  However, the footnotes do not have to be reproduced.English versionThe exporter of the products covered by this document (customs authorization No ... () declares that, except where otherwise clearly indicated, these products are of ... preferential origin (2Spanish versionEl exportador de los productos incluidos en el presente documento (autorización aduanera n° ... (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... (2).Danish versionEksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. ... (1)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ... (2).German versionDer Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. ... (1), der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte ... Ursprungswaren sind (2)Greek versionÏ åîáãùãÝáò ôùí ðñïúüíôùí ðïõ êáëýðôïíôáé áðü ôï ðáñüí Ýããñáöï (Üäåéá ôåëùíåßïõ õð´áñéè. .... (1)) äçëþíåé üôé, åêôüò åÜí äçëþíåôáé óáöþò Üëëùò, ôá ðñïúüíôá áõôÜ åßíáé ðñïôéìçóéáêÞò êáôáãùãÞò .... (2).French versionL'exportateur des produits couverts par le présent document (autorisation douanière n° ... (1)), déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... (2).Italian versionL'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ... (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ... (2).Dutch versionDe exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. ... () verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn (2Portuguese versionO abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira n° ... (1)), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial ... (2).Finnish versionTässä asiakirjassa mainittujen tuotteiden viejä (tullin lupan:o ... (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja ... alkuperätuotteita (2).Swedish versionExportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. ... (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ... ursprung (2).   (3 (Place and date)   (4 (Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script) ANNEX VIA to Protocol 1 Supplier declaration for products having preferential origin statusI, the undersigned, declare that the goods listed on this invoice ....................................................(1)were produced in ................................(2) and satisfy the rules of origin governing preferential trade between the ACP States and theEuropean Community.I undertake to make available to the customs authorities, if required, evidence in support of this declaration....................................................................(3)    ..........................................................................................(4)            ................................................(5)NoteThe text inside the box, suitably completed in conformity with the footnotes below, constitutes a suppliers' declaration.  The footnotes do not have to be reproduced.(1) - If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows:'............................ listed on this invoice and marked ....................were produced ...............................'    -  If a document other than an invoice or an annex to the invoice is used (see Article 3), the name of the document concerned shall be mentioned instead of             the word 'invoice'(2)  The Community Member State or OCT.  Where an ACP State or an OCT is given, a reference must also be made to the Community customs office holding any EUR.1 (s) or EUR. 2(s) concerned, giving the No of the certificate(s) or form(s) concerned and, if possible, the relevant customs entry No involved.(3)  Place and date(4)  Name and function in company(5)  SignatureANNEX VIB to Protocol 1 Supplier declaration for products not having preferential original statusI, the undersigned, declare that the goods listed on this invoice ....................(1) were produced in ......................(2) and incorporate the following components or materials which do not have ACP, OCT or Community origin for preferential trade:...................................................................(3)    .......................................................(4)    ................................................(5).......................................................  .................................................. .........................................................................................................  .................................................. ................................................................................................................................................................................................................................................(6)I undertake to make available to the customs authorities, if required, evidence in support of this declaration...............................................................................(7)    ...............................................................(8)              .................................................................(9)NoteThe text inside the box, suitably completed in conformity with the footnotes below, constitutes a suppliers' declaration.  The footnotes do not have to be reproduced.(1) - If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows:'............................ listed on this invoice and marked ....................were produced ...............................'    -  If a document other than an invoice or an annex to the invoice is used (see Article 3), the name of the document concerned shall be mentioned instead of             the word 'invoice'(2)  The Community ,Member State or OCT.(3)  Description is to be given in all cases.  The description must be adequate and should be sufficiently detailed to allow the tariff classification of the goods concerned to be determined.(4)  Customs values to be given only if required(5)  Country of origin to be given only if required.  The origin to be given must be a preferential origin, all other origins to be given as 'third country'.(6)  'and have undergone the following processing in [ the Community] [Member state] [ACP State] [OCT] ................................., to be added with a description of the processing carried out if this information is required.(7)  Place and date(8)  Name  and function in company(9)   SignatureANNEX VII to protocol 1 information certificate1. The form of information certificate given in this annex shall be used and be printed in one or more of the official languages in which the Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting State.  Information certificates shall be completed in one of those languages; if they are handwritten, they shall be completed in ink in capital letters.  They shall bear a serial number, whether or not printed, by which they can be identified.  //  2. The information certificate shall measure 210 x 297mm, a tolerance of up to plus 8mm or minus 5mm in the length may be allowed.  The paper must be white, sized for writing, not containing mechanical pulp and weighing not less than 65g/m2.  //  3. The national administrators may reserve the right to print the forms themselves or may have them printed by printers approved by them.  In the latter case, each form must include a reference to such approval.  The forms shall bear the name and address of the printer or a mark by which the printer can be identified.  //  European Communities>TABLE>(1) (2) (3) (4) (5) See footnotes on versoREQUEST FOR VERIFICATION  //  RESULT OF VERIFICATIONThe undersigned customs official requests verification of the authenticityand accuracy of this information certificate.  //  Verification carried out by the undersigned customs official shows that thisinformation certificate:  //    //  a) was issued by the customs office indicated and that the information contained therein is accurate (*)  //    //    //  b) does not meet the requirements as to authenticity and accuracy (see notes appended) (*)  //    //    //  ------------------------------------------------------------------------------------------  //  ------------------------------------------------------------------------------------------------(Place and date)  //  (Place and date)  //    //                       --------------------------------------------------------------------------  //                           ----------------------------------------------------------------------------------------------------                                                         (Official's signature)  //                                                                                (Official's signature)  //    //    //  (*) Delete where not applicableCROSS REFERENCES(1)      Name of individual or business and full address.(2)      Optional information.(3)      Kg, hl, m 10 9 8 7 6 5 4 3 2 [1] or other measure.[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] (4) Packaging shall be considered as forming a whole with the goods contained therein. However, this provision shall not apply to packaging which is not of the normal type for the article packed, and which has a lasting utility value of its own, apart from its function as packaging.(5) The value must be indicated in accordance with the provisions on rules of origin.>REFERENCE TO A GRAPHIC>>REFERENCE TO A GRAPHIC>>REFERENCE TO A GRAPHIC>>REFERENCE TO A GRAPHIC>ANNEX VIII to Protocol 1 Form for application for a derogation1.   Commercial description of the finished product1.1  Customs classification (H.S. code)  //    2.  Anticipated annual quantity of exports to the Community (weight, No of pieces, meters or other unit)3. Commercial description of third country materials        Customs classification (H. S. code)  //  4. Anticipated annual quantity of third country materials to be used5.  Value of third country materials  //  6.  Value of finished products7.  Origin of third country materials  //  8.  Reasons why the rule of origin for the finished product cannot be fulfilled9.  Commercial description of materials originating in  the ACP States, EC or OCT to be used  //  10.  Anticipated annual quantity of ACP, EC or OCT materials to be used11. Value of ACP, EC or OCT materials  //  12.  Working or processing carried out in the EC or OCT on third country materials without obtaining origin>REFERENCE TO A GRAPHIC>13.  Duration requested for derogation         from............................... to......................................  //  14.  Detailed description of working and processing in the ACP States:  //  15.  Capital structure of the firm concerned>REFERENCE TO A GRAPHIC>>REFERENCE TO A GRAPHIC>  //  16.  Amount of investments made/foreseen  //  17.  Staff employed/expected18.  Value added by the working or processing in the ACP States:18.1  Labour:18.2  Overheads:18.3  Others:  //  20.  Possible developments to overcome the need for a derogation19.  Other possible sources of supply for materials  //  21.  ObservationsNOTES1. If the boxes in the form are not sufficient to contain all relevant information, additional pages may be attached to the form.  In this case, the mention 'see annex' shall be entered in the box concerned.2. If possible, samples or other illustrative material (pictures, designs, catalogues, etc) of the final product and of the materials should accompany the form.3. A form shall be completed for each product covered by the request.Boxes 3,4,5,7: "third country" means any country which is not an ACP or Community State or OCT.Box 12: If third country materials have been worked or processed in the Community or in the OCT without obtaining origin, before being further processed in the ACP State requesting the derogation, indicate the working or processing carried out in the Community or OCT.Box 13: The dates to be indicated are the initial and final one for the period in which EUR 1 certificates may be issued under the derogation.Box 18: Indicate either the percentage of added value in respect of the ex-works price of the product or the monetary amount of added-value for unit of product.Box 19: If alternative sources of material exist, indicate here what they are and, if possible, the reasons of cost or other reasons why they are not used.Box 20: Indicate possible further investments or suppliers' differentiation which make the derogation necessary for only a limited period of time. ANNEX IX to Protocol 1 List working or processing conferring the character of ACP origin on a product obtained when working or processing is carried out on textile materials originating in developing countries referred to in Article 6(11) of this ProtocolTextiles and textile articles falling within Section XI>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>(1) The term 'prebleached', used in the list in Annex IX to characterize the level of manufacture required when certain non-originating materials are used, applies to certain yarns, woven fabrics and knitted or crocheted fabrics which have only been washed after the spinning or weaving operation.(2) However, to be regarded as a working or processing conferring origin, thermoprinting has to be accompanied by printing of the transfer paper.(3) The term 'Impregnation, coating, covering or laminating' does not cover those operations designed to bind fabrics together.(4) The term 'complete making-up' used in the list in Annex IX means that all the operations following cutting of the fabric or knitting or crocheting of the fabric directly to shape have to be performed.However, making-up shall not necessarily be considered as incomplete where one or more finishing operations have not been carried out.The following  is a list of examples of finishing operations:- fitting of buttons and/or other types of fastenings,- making of button-holes,- finishing off the ends of trouser legs and sleeves or the bottom hemming of skirts and dresses,- fitting of trimmings and accessories such as pockets, labels, badges, etc,- ironing and other preparations of garments for sale 'ready made'.Remarks concerning finishing operations - Special casesIt is possible that in particular manufacturing operations, the accomplishment of finishing operations, especially in the case of a combination of operations, is of such importance that these operations must be considered as going beyond simple finishing.  In these particular cases, the non-accomplishing of finishing operations will deprive the making-up of its complete nature. ANNEX X to Protocol 1 Textile products excluded from the cumulation procedure with certain developing countries referred to in Article 6(11) of this Protocol6101 10 906101 20 906101 30 906102 10 906102 20 906102 30 906110 10 106110 10 316110 10 356110 10 386110 10 916110 10 956110 10 986110 20 916110 20 996110 30 916110 30 99  //  Jerseys, pullovers, slip-overs, waistcoats, twinsets, cardigans, bed-jackets and jumpers (other than jackets and blazers), anoraks, windcheaters, waister jackets and the like, knitted or crocheted6203 41 106203 41 906203 42 316203 42 336203 42 356203 42 906203 43 196203 43 906203 49 196203 49 506204 61 106204 62 316204 62 336204 62 396204 63 186204 69 186211 32 426211 33 426211 42 426211 43 42  //  Men's or boys' woven breeches, shorts other than swimwear and trousers (including slacks); women's or girls' woven trousers and slacks, of wool, of cotton or of man-made fibres, lower parts of tracksuits with lining, other than category 16 or 29, of cotton or of man-made fibres ANNEX XI to Protocol 1 Products for which the cumulation provisions with South Africa referred to in Article 6(3) apply after 3 years from the provisional application of the Trade, Development and Co-operation Agreement between the European Community and the Republic of South AfricaIndustrial ProductsCN code 96Salt (including table salt and denatured salt)  25010051 25010091 25010099Alkali or alkaline-earth metals; rare-earth metals 28051100 28051900 28052100 28052200 28053010 28053090 28054010Ammonia, anhydrous or in aqueous solution : 28141000 28142000Sodium hydroxide (caustic soda);  28151100 28151200Zinc oxide; zinc peroxide. 28170000Artificial corundum,  28181000 28182000 28183000Chromium oxides and hydroxides : 28191000 28199000Manganese oxides : 28201000 28209000Titanium oxides. 28230000 CN code 96Hydrazine and hydroxylamine  28258000Chlorides, chloride oxides and chloride hydroxides 28271000Sulphides; polysulphides : 28301000Phosphinates (hypophosphites), phosphonates  28351000 28352200 28352300 28352400 28352510 28352590 28352610 28352690 28352910 28352990 28353100 28353910 28353930 28353970Carbonates; peroxocarbonates (percarbonates);  28362000 28364000 28366000Salts of oxometallic or peroxometallic acids : 28416100Radioactive chemical elements  28443011 28443019 28443051Isotopes other than those of heading No 2844;  28451000 28459010 Carbides, whether or not chemically defined : 28492000 28499030Hydrides, nitrides, azides, silicides and borides, 28500070Cyclic hydrocarbons : 29025000Halogenated derivatives of hydrocarbons : 29031100 29031200 29031300 29031400 29031500 29031600 29031910 29031990 29032100 29032300CN code 96 29032900 29033010 29033031 29033033 29033038 29033090 29034100 29034200 29034300 29034410 29034490 29034510 29034515 29034520 29034525 29034530 29034535 29034540 29034545 29034550 29034555 29034590 29034610 29034620 29034690 29034700 29034910 29034920 29034990 29035190 29035910 29035930 29035990 29036100 29036200 29036910 29036990Acyclic alcohols and their halogenated, sulphonate 29051100 29051200 29051300 29051410 29051490 29051500 29051610 29051690 29051700 29051910 29051990 29052210 29052290 29052910 29052990 29053100 29053200 29053910 29053990 29054100 29054200 29054910 29054951 29054959 29054990 29055010CN code 96 29055030 29055099Phenols; phenol-alcohols : 29071100 29071500 29072210Ethers, ether-alcohols, ether-phenols,  29091100 29091900 29092000 29093031 29093039 29093090 29094100 29094200 29094300 29094400 29094910 29094990 29095010 29095090 29096000Epoxides, epoxyalcohols, epoxyphenols and epoxyethols 29102000Aldehydes, whether or not with other oxygen functions 29124100 29126000Ketones and quinones, whether or not with other oxygen fonctions 29141100 29142100Saturated acyclic monocarboxylic acids  29151100 29151200 29151300 29152100 29152200 29152300 29152400 29152900 29153100 29153200 29153300 29153400 29153500 29153910 29153930 29153950 29153990 29154000 29155000 29156010 29156090 29157015 29157020 29157025 29157030 29157080 29159010CN code 96 29159020 29159080Unsaturated acyclic monocarboxylic acids,  29161210 29161220 29161290 29161410 29161490Polycarboxylic acids, their anhydrides, halides 29171100 29171400 29173500 29173600 29173700Carboxylic acids with additional oxygen function  29181400 29181500 29182200 29189000Amine-function compounds  29211110 29211190 29211200 29211910 29211930 29211990 29212100 29212200 29212900 29213010 29213090 29214100 29214210 29214290 29214310 29214390 29214400 29214500 29214910 29214990 29215110 29215190 29215900Oxygen-function amino-compounds  29221100 29221200 29221300 29221900 29222100 29222200 29222900 29223000 29224210 29224300 29224980 29225000 CN code 96Carboxyamide-function compounds;  29242110 29242190 29242930Nitrile-function compounds : 29261000 29269090Organo-sulphur compounds : 29302000 29309012 29309014 29309016Other organo-inorganic compounds : 29310040Heterocyclic compounds with oxygen hetero-atom(s) 29321200 29321300 29322100Heterocyclic compounds with nitrogen hetero-atom(s) 29336100Sulphonamides. 29350000Mineral or chemical fertilizers, nitrogenous : 31021010 31021090 31022100 31022900 31023010 31023090 31024010 31024090  31025090 31026000 31027090 31028000 31029000 Mineral or chemical fertilizers, phosphatic : 31031010 31031090Mineral or chemical fertilizers  31051000 31052010 31052090 31053010  31053090 31054010  31054090 31055100 31055900 31056010 31056090 31059091 31059099CN code 96Tanning extracts of vegetable origin;  32012000 32019020Other colouring matter;  32061100 32061900 32062000 32063000 32064100 32064200 32064300 32064990 32065000Activated carbon; activated natural mineral products 38021000 38029000Insecticides, rodenticides, fungicides, herbicides 38081020 38081030 38083011 38083013 38083015 38083017 38083021 38083023 38083027 38083030 38083090Prepared rubber accelerators; compound plasticiser 38123020Organic composite solvents and thinners,  38140090Mixed alkylbenzenes and mixed alkylnaphthalenes,  38171010 38171050 38171080 38172000Prepared binders for foundry moulds or cores;  38249090Polymers of ethylene, in primary forms : 39011010 39011090 39012000 39013000 39019000Polymers of propylene or of other olefins,  39021000 39022000 39023000 39029000 CN code 96Polymers of styrene, in primary forms : 39031100 39031900 39032000 39033000 39039000Polymers of vinyl chloride  39041000 39042100 39042200 39043000 39044000 39045000 39046190 39046900 39049000Polymers of vinyl acetate  39051200Polyacetals, other polyethers and epoxide resins, 39072019 39072090 39076090 39079110 39079190 39079910 39079990Other plates, sheets, film, foil and strip,  39201022 39201028 39201040 39201080 39202021 39202029 39202071 39202079 39202090 39203000 39204111 39204119 39204191 39204199 39204211 39204219 39204291 39204299 39205100 39205900 39206100 39206210 39206290 39206300 39206900 39207111 39207119 39207190 39207200 39207310 39207350 39207390 39207900CN code 96 39209100 39209200 39209300 39209400 39209911 39209919 39209950 39209990Other plates, sheets, film, foil and strip,  39219019Articles for the conveyance or packing of goods,  39232100Retreaded or used pneumatic tyres of rubber;  40121030 40121050 40121080 40122090 40129010 40129090Inner tubes, of rubber : 40131010 40131090 40132000 40139010 40139090Leather of bovine or equine animals, without hair 41041091 41041095 41041099 41042100 41042290 41042900 41043111 41043119 41043130 41043190 41043910 41043990Sheep or lamb skin leather, without wool on,  41052000Leather of other animals, without hair on,  41071010 41072910 41079010 41079090Chamois (including combination chamois) leather : 41080010 41080090Patent leather and patent laminated leather;  41090000Composition leather with a basis of leather or leather 41110000  CN code 96Articles of apparel and clothing accessories,  42031000 42032100 42032910 42032991 42032999 42033000 42034000Particle board and similar board of wood  44101100 44101910 44101930 44101950 44101990 44109000Fibreboard of wood or other ligneous materials,  44111100 44111900 44112100 44112900 44113100 44113900 44119100 44119900Plywood, veneered panels and similar laminated wood 44121311 44121319 44121390 44121400 44121900 44122210 44122291 44122299 44122300 44122920 44122980 44129210 44129291 44129299 44129300 44129920 44129980Builders' joinery and carpentry of wood,  44181010 44181050 44181090 44182010 44182050 44182080 44183010 44189010Wood marquetry and inlaid wood; caskets and cases 44209011 44209019Articles of natural cork : 45031010 45031090CN code 96 45039000Plaits and similar products of plaiting materials 46019910Basketwork, wickerwork and other articles,  46029010Registers, account books, note books, order books 48201030Children's picture, drawing or colouring books. 49030000Maps and hydrographic or similar charts of all kinds 49051000Transfers (decalcomanias) : 49081000 49089000Printed or illustrated postcards; printed cards  49090010 49090090Calendars of any kind, printed, including calendars 49100000Other printed matter, including printed pictures  49111010 49111090 49119180 49119900Silk yarn (other than yarn spun from silk waste)  50040010 50040090Yarn spun from silk waste, not put up for retail sale 50050010 50050090Silk yarn and yarn spun from silk waste, put up for retail sale : 50060010 50060090Woven fabrics of silk or of silk waste : 50071000 50072011 50072019 50072021 50072031 50072039 50072041 50072051 50072059 50072061 50072069 50072071 50079010 50079030 50079050 50079090 CN code 96Yarn of carded wool, not put up for retail sale : 51061010 51061090 51062011 51062019 51062091 51062099Yarn of combed wool, not put up for retail sale : 51071010 51071090 51072010 51072030 51072051 51072059 51072091 51072099Yarn of fine animal hair (carded or combed), not put up for retail sale : 51081010 51081090 51082010 51082090Yarn of wool or of fine animal hair, put up for retail sale : 51091010 51091090 51099010 51099090Yarn of coarse animal hair or of horsehair  51100000Woven fabrics of carded wool or of carded fine animal hair 51111111 51111119 51111191 51111199 51111911 51111919 51111931 51111939 51111991  51111999 51112000 51113010 51113030 51113090 51119010 51119091 51119093 51119099Woven fabrics of combed wool or of combed fine animal hair 51121110 51121190 51121911 51121919 51121991 51121999 51122000 51123010 51123030CN code 96 51123090 51129010 51129091 51129093 51129099Woven fabrics of coarse animal hair or of horsehair 51130000Cotton sewing thread, whether or not put up for retail sale 52041100 52041900 52042000Cotton yarn (other than sewing thread),  52051100 52051200 52051300 52051400 52051510 52051590 52052100 52052200 52052300 52052400 52052600 52052700 52052800 52053100 52053200 52053300 52053400 52053510 52053590 52054100 52054200 52054300 52054400 52054600 52054700 52054800 Cotton yarn (other than sewing thread),  52061100 52061200 52061300 52061400 52061510 52061590 52062100 52062200 52062300 52062400 52062510 52062590 52063100 52063200 52063300 52063400 52063510 52063590 52064100 52064200 52064300 52064400CN code 96 52064510 52064590Cotton yarn (other than sewing thread) put up for retail sale 52071000 52079000Flax yarn : 53061011 530610191 53061031 53061039 53061050 53061090 53062011 53062019 53062090Yarn of other vegetable textile fibres; paper yarn 53082010 53082090 53083000 53089011 53089013 53089019 53089090Woven fabrics of flax : 53091111 53091119 53091190 53091910 53091990 53092110 53092190 53092910 53092990Woven fabrics of jute or of other textile bast fibres 53101010 53101090 53109000Woven fabrics of other vegetable textile fibres;  53110010 53110090Sewing thread of man-made filaments,  54011011 54011019 54011090 54012010 54012090Synthetic filament yarn (other than sewing thread) 54021010 54021090 54022000 54023110 54023130 54023190  54023200 54023310 54023390 CN code 96 54023910 54023990 54024110 54024130 54024190 54024200 54024310 54024390 54024910 54024991 54024999 54025110 54025130 54025190 54025210 54025290 54025910 54025990 54026110 54026130 54026190 54026210 54026290 54026910 54026990Artificial filament yarn (other than sewing thread) 54031000 54032010 54032090 54033100 54033200 54033310 54033390 54033900 54034100 54034200 54034900Synthetic monofilament of 67 decitex or more  54041010 54041090 54049011 54049019 54049090Artificial monofilament of 67 decitex or more  54050000Man-made filament yarn (other than sewing thread), 54061000 54062000Woven fabrics of synthetic filament yarn, 54071000 54072011 54072019 54072090 54073000 54074100 54074200 54074300 54074400 54075100 54075200CN code 96 54075300 54075400 54076110 54076130 54076150 54076190 54076910 54076990 54077100 54077200 54077300 54077400 54078100 54078200 54078300 54078400 54079100 54079200 54079300 54079400Woven fabrics of artificial filament yarn,  54081000 54082100 54082210 54082290 54082310  54082390 54082400 54083100 54083200 54083300 54083400Synthetic filament tow : 55011000 55012000 55013000 55019000Artificial filament tow : 55020010 55020090Synthetic staple fibres, not carded, combed or otherwise 55031011 55031019 55031090 55032000 55033000 55034000 55039010 55039090Artificial staple fibres, not carded, combed or otherwise 55041000 55049000Waste (including noils, yarn waste)  55051010 55051030 55051050 55051070 55051090CN code 96 55052000Synthetic staple fibres, carded, combed or otherwise 55061000 55062000 55063000 55069010 55069091 55069099Artificial staple fibres, carded, combed or otherwise 55070000Sewing thread of man-made staple fibres,  55081011 55081019 55081090 55082010 55082090Yarn (other than sewing thread) of synthetic staple fibres 55091100 55091200 55092110 55092190 55092210 55092290 55093110 55093190 55093210 55093290 55094110 55094190 55094210 55094290 55095100 55095210 55095290 55095300 55095900 55096110 55096190 55096200 55096900 55099110 55099190 55099200 55099900Yarn (other than sewing thread) of artificial staple fibres 55101100 55101200 55102000 55103000 55109000Yarn (other than sewing thread) of man-made staple fibres 55111000 55112000 55113000Wadding of textile materials and articles thereof, 56011010 56011090CN code 96 56012110 56012190 56012210 56012291 56012299 56012900 56013000Felt, whether or not impregnated,  56021011  56021019 56021031 56021035 56021039 56021090 56022100 56022910 56022990 56029000Nonwovens, whether or not impregnated,  56031110 56031190 56031210 56031290 56031310 56031390 56031410 56031490 56039110 56039190 56039210 56039290 56039310 56039390 56039410 56039490Rubber thread and cord, textile covered;  56041000 56042000 56049000Metallised yarn, whether or not gimped,  56050000Gimped yarn, and strip  56060010 56060091 56060099Articles of yarn, strip  56090000Carpets and other textile floor coverings,  57011010 57011091 57011093 57011099  57019010 57019090 CN code 96Woven pile fabrics and chenille fabrics,  58011000 58012100 58012200 58012300 58012400 58012500 58012600 58013100 58013200 58013300 58013400 58013500 58013600 58019010 58019090Terry towelling and similar woven terry fabrics,  58021100 58021900 58022000 58023000Gauze, other than narrow fabrics  58031000 58039010 58039030 58039050 58039090Tulles and other net fabrics, not including woven, 58041011 58041019 58041090 58042110 58042190 58042910 58042990 58043000Hand-woven tapestries of the type Gobelins,  58050000 Narrow woven fabrics,  58061000 58062000 58063110 58063190 58063210 58063290 58063900 58064000Labels, badges and similar articles of textile matter 58071010 58071090 58079010 58079090Braids in the piece; ornamental trimmings  58081000 58089000CN code 96Woven fabrics of metal thread and woven fabrics  58090000Embroidery in the piece, in strips or in motifs : 58101010 58101090 58109110 58109190 58109210 58109290 58109910 58109990Quilted textile products in the piece,  58110000Textile fabrics coated with gum  59011000 59019000Tyre cord fabric of high tenacity yarn of nylon  59021010 59021090 59022010 59022090 59029010 59029090Textile fabrics impregnated, coated, covered  59031010 59031090 59032010 59032090 59039010 59039091 59039099Linoleum, whether or not cut to shape;  59041000 59049110 59049190 59049200Textile wall coverings : 59050010 59050031 59050039 59050050 59050070 59050090Rubberized textile fabrics,  59061010 59061090 59069100 59069910 59069990 CN code 96Textile fabrics otherwise impregnated, coated or covered 59070010 59070090Textile wicks, woven, plaited or knitted,  59080000Textile hosepiping and similar textile tubing,  59090010 59090090Transmission or conveyor belts or belting,  59100000Textile products and articles, for technical uses, 59111000 59112000 59113111 59113119 59113190 59113210 59113290 59114000 59119010 59119090Pile fabrics, including 'long pile' fabrics  60011000 60012100 60012200 60012910 60012990 60019110 60019130 60019150 60019190 60019210 60019230 60019250 60019290 60019910 60019990Men's or boys' overcoats, car-coats, capes, cloaks 61011010 61011090 61012010 61012090 61013010 61013090 61019010 61019090Women's or girls' overcoats, car-coats, capes, cloaks 61021010 61021090 61022010 61022090 61023010 61023090 61029010 61029090CN code 96Men's or boys' suits, ensembles, jackets, blazers, 61034110 61034190 61034210 61034290 61034310 61034390 61034910 61034991 61034999Women's or girls' suits, ensembles, jackets, blazers 61045100 61045200 61045300 61045900 61046110 61046190 61046210 61046290 61046310 61046390 61046910 61046991 61046999Men's or boys' underpants, briefs, nightshirts, pyjamas 61071100 61071200 61071900 61072100 61072200 61072900 61079110 61079190 61079200 61079900Women's or girls' slips, petticoats, briefs, panties 61081110 61081190 61081910 61081990 61082100 61082200 61082900 61083110 61083190 61083211 61083219 61083290 61083900 61089110 61089190 61089200 61089910 61089990T-shirts, singlets and other vests, knitted or crocheted 61091000 61099010 61099030CN code 96Track suits, ski suits and swimwear, knitted or crocheted 61121100 61121200 61121900 61122000 61123110 61123190 61123910 61123990 61124110 61124190 61124910 61124990Garments, made up of knitted or crocheted fabrics 61130010  61130090Other garments, knitted or crocheted : 61141000 61142000 61143000 61149000Panty hose, tights, stockings, socks and other hosiery 61151100 61151200 61151910 61151990 61152011 61152019 61152090 61159100 61159200 61159310 61159330 61159391 61159399 61159900Gloves, mittens and mitts, knitted or crocheted : 61161020 61161080 61169100 61169200 61169300 61169900Other made up clothing accessories, knitted or crocheted 61171000 61172000 61178010 61178090 61179000Men's or boys' overcoats, car-coats, capes, cloaks 62011100 62011210 62011290 62011310 62011390 62011900 62019100CN code 96 62019200 62019300 62019900Women's or girls' overcoats, car-coats, capes, cloaks 62021100 62021210 62021290 62021310 62021390 62021900 62029100 62029200 62029300 62029900Men's or boys' suits, ensembles, jackets, blazers, 62034110 62034130 62034190 62034211 62034231 62034233 62034235 62034251 62034259 62034290 62034311 62034319 62034331 62034339 62034390 62034911 62034919 62034931 62034939 62034950 62034990Women's or girls' suits, ensembles, jackets, blazers 62045100 62045200 62045300 62045910 62045990 62046110 62046180 62046190 62046211 62046231 62046233 62046239 62046251 62046259 62046290 62046311 62046318 62046331 62046339 62046390 62046911 62046918 62046931 62046939 62046950CN code 96 62046990Men's or boys' shirts : 62051000 62052000 62053000 62059010 62059090Men's or boys' singlets and other vests, underpants 62071100 62071900 62072100 62072200 62072900 62079110 62079190 62079200 62079900Women's or girls' singlets and other vests, slips, 62081100 62081910 62081990 62082100 62082200 62082900 62089111 62089119 62089190 62089210 62089290 62089900Brassières, girdles, corsets, braces, suspenders, 62121000 62122000 62123000 62129000Handkerchiefs : 62131000 62132000 62139000Shawls, scarves, mufflers, mantillas, veils  62141000 62142000 62143000 62144000 62149010 62149090Ties, bow ties and cravats : 62151000 62152000 62159000Gloves, mittens and mitts. 62160000 CN code 96Other made up clothing accessories;  62171000 62179000Blankets and travelling rugs : 63011000 63012010 63012091 63012099 63013010 63013090 63014010 63014090 63019010 63019090Sacks and bags,  63051010 63051090 63052000 63053211 63053281 63053289 63053290 63053310 63053391 63053399 63053900 63059000Tarpaulins, awnings and sunblinds; tents; sails  63061100 63061200 63061900 63062100 63062200 63062900 63063100 63063900 63064100 63064900 63069100 63069900Other made up articles, including dress patterns : 63071010 63071030 63071090 63072000 63079010 63079091 63079099Sets consisting of woven fabric and yarn,  63080000Worn clothing and other worn articles. 63090000Waterproof footwear with outer soles and uppers of rubber 64011010 64011090 64019110CN code 96 64019190 64019210 64019290 64019910 64019990Other footwear with outer soles and uppers of rubber 64021210 64021290 64021900 64022000 64023000 64029100 64029910 64029931 64029939 64029950 64029991 64029993 64029996 64029998Footwear with outer soles of rubber, plastics, leather 64031200  64031900 64032000 64033000 64034000  64035111 64035115 64035119 64035191 64035195 64035199 64035911 64035931 64035935 64035939 64035950 64035991 64035995 64035999 64039111 64039113 64039116 64039118 64039191 64039193 64039196 64039198 64039911 64039931 64039933 64039936 64039938 64039950 64039991 64039993 64039996 64039998Footwear with outer soles of rubber, plastics, leather 64041100 64041910 64041990CN code 96 64042010 64042090Other footwear : 64051010 64051090 64052010 64052091 64052099 64059010 64059090Parts of footwear (including uppers)  64061011 64061019 64061090 64062010 64062090 64069100 64069910 64069930 64069950 64069960 64069980Unglazed ceramic flags and paving, hearth or wall tiles 69071000 69079010 69079091 69079093 69079099Glazed ceramic flags and paving, hearth or wall tiles 69081010 69081090 69089011 69089021 69089029 69089031 69089051 69089091 69089093 69089099Tableware, kitchenware, other household articles  69111000 69119000Ceramic tableware, kitchenware, other household articles 69120010 69120030 69120050 69120090Statuettes and other ornamental ceramic articles : 69131000 69139010 69139091 69139093 69139099Glassware of a kind used for table, kitchen,  70131000 70132111CN code 96 70132119 70132191 70132199 70132910 70132951 70132959 70132991 70132999 70133110 70133190 70133200 70133910 70133991 70133999 70139110 70139190 70139910 70139990Glass fibres (including glass wool)  70191100 70191200 70191910 70191990 70193100 70193200 70193910 70193990 70194000 70195110 70195190 70195200 70195910 70195990 70199010 70199030  70199091 70199099Other articles of precious metal  71159010 71159090Ferro-alloys : 72025000 72027000 72029100 72029200 72029930 72029980Copper bars, rods and profiles : 74071000 74072110 74072190 74072210 74072290 74072900Copper wire : 74081100 74081910 74081990 74082100CN code 96 74082200 74082900Copper plates, sheets and strip,  74091100 74091900 74092100 74092900 74093100 74093900 74094010 74094090  74099010 74099090Copper foil (whether or not printed or backed with 74101100 74101200 74102100 74102200Copper tubes and pipes : 74111011 74111019 74111090 74112110 74112190 74112200 74112910 74112990Copper tube or pipe fittings  74121000 74122000Stranded wire, cables, plaited bands and the like, 74130091 74130099Cloth (including endless bands), grill and netting 74142000 74149000Nails, tacks, drawing pins, staples  74151000 74152100 74152900 74153100 74153200 74153900Copper springs. 74160000Cooking or heating apparatus  74170000 Table, kitchen or other household articles  74181100 74181900 74182000 CN code 96Other articles of copper : 74191000 74199100 74199900Aluminium bars, rods and profiles : 76041010 76041090 76042100 76042910 76042990Aluminium wire : 76051100 76051900 76052100 76052900Aluminium plates, sheets and strip,  76061110 76061191 76061193 76061199 76061210 76061250 76061291 76061293 76061299 76069100 76069200Aluminium foil  76071110 76071190  76071910 76071991 76071999 76072010  76072091 76072099Aluminium tubes and pipes : 76081090 76082030 76082091 76082099Aluminium tube or pipe fittings  76090000Aluminium structures  76101000 76109010 76109090Aluminium reservoirs, tanks, vats  76110000Aluminium casks, drums, cans, boxes  76121000 76129010 76129020 76129091 76129098 CN code 96Aluminium containers for compressed or liquefied  76130000Stranded wire, cables, plaited bands and the like, 76141000 76149000Table, kitchen or other household articles  76151100 76151910 76151990 76152000Other articles of aluminium : 76161000  76169100 76169910 76169990Unwrought lead : 78011000 78019100 78019991 78019999Tungsten (wolfram) and articles thereof, including waste 81011000 81019110Molybdenum and articles thereof, including waste  81021000 81029110 81029300Magnesium and articles thereof, including waste  81041100 81041900Cadmium and articles thereof, including waste  81071010Titanium and articles thereof, including waste  81081010 81081090 81089030 81089050 81089070 81089090Zirconium and articles thereof, including waste  81091010 81099000Antimony and articles thereof, including waste  81100011 81100019Beryllium, chromium, germanium, vanadium, gallium, 81122031 81123020 81123090 81129110 81129131CN code 96 81129930Cermets and articles thereof, including waste  81130020 81130040Nuclear reactors; fuel elements (cartridges),  84011000 84012000 84013000  84014010 84014090Hydraulic turbines, water wheels, and regulators  84101100 84101200 84101300 84109010 84109090Turbo-jets, turbo-propellers and other gas turbines 84111190 84111290 84112190 84112290 84118190 84118291 84118293 84118299 84119190 84119990Air or vacuum pumps, air or other gas compressors 84141030  84141050 84141090 84142091 84142099 84143030 84143091 84143099 84144010 84144090 84145190 84145930 84145950 84145990 84146000 84148021 84148029 84148031 84148039 84148041 84148049 84148060 84148071 84148079 84148090 84149090Fork-lift trucks; other works trucks  84271010 84271090 84272011CN code 96 84272019 84272090 84279000Sewing machines, other than book-sewing machines  84521011 84521019 84521090 84522100 84522900 84523010 84523090 84524000 84529000Electro-mechanical domestic appliances,  85091010 85091090 85092000 85093000 85094000 85098000 85099010 85099090Electric instantaneous or storage water heaters  85162991 85163110 85163190 85164010 85164090 85165000 85166070 85167100 85167200 85167980Turntables (record-decks), record-players, cassette-players 85191000 85192100 85192900 85193100 85193900 85194000 85199331 85199339 85199381 85199389 85199912 85199918 85199990Magnetic tape recorders and other sound recording 85201000 85203219 85203250 85203291 85203299 85203319 85203390 85203910 85203990 85209090 CN code 96Video recording or reproducing apparatus,  85211030 85211080 85219000Parts and accessories  85221000 85229030 85229091 85229098Prepared unrecorded media for sound recording  85233000Records, tapes and other recorded media  85241000 85243200 85243900 85245100 85245200 85245300 85246000 85249900Reception apparatus for radio-telephony,  85271210 85271290 85271310 85271391 85271399 85272120 85272152 85272159 85272170 85272192 85272198 85272900 85273111 85273119 85273191 85273193 85273198 85273290 85273910 85273991 85273999 85279091 85279099Reception apparatus for television,  85281214 85281216 85281218 85281222 85281228 85281252 85281254 85281256 85281258 85281262 85281266 85281272 85281276CN code 96 85281281 85281289 85281291 85281298 85281300 85282114 85282116 85282118 85282190 85282200 85283010 85283090Parts suitable for use solely or principally with 85291020 85291031 85291039 85291040 85291050 85291070 85291090 85299051 85299059 85299070 85299081 85299089Electric sound or visual signalling apparatus  85311020 85311030 85311080 85318090 85319090Thermionic, cold cathode or photocathode valves  85401111 85401113 85401115 85401119 85401191 85401199 85401200 85402010 85402030 85402090 85404000 85405000 85406000 85407100 85407200 85407900 85408100 85408911 85408919 85408990 85409100 85409900Electronic integrated circuits and microassemblies 85421425Insulated (including enamelled or anodised) wire, 85441110 85441190 85441910CN code 96 85441990 85442000 85443090 85444110 85444190 85444920 85444980 85445100 85445910 85445920 85445980 85446010 85446090 85447000Motor vehicles for the transport of ten or more persons 87021091 87021099 87029031 87029039 87029090Motor vehicles for the transport of goods : 87041011 87041019 87041090 87042110 87042191 87042199 87042210 87042310 87043110 87043191 87043199 87043210 87049000Special purpose motor vehicles,  87051000 87052000 87053000 87054000 87059010 87059030 87059090Works trucks, self-propelled, not fitted with lift 87091110 87091190 87091910 87091990 87099010 87099090Motor-cycles (including mopeds)  87111000 87112010 87112091 87112093 87112098 87113010 87113090 87114000 87115000 87119000 CN code 96Bicycles and other cycles  87120010 87120030 87120080Photocopying apparatus  90091100 90091200 90092100 90092210 90092290 90093000 90099010 90099090Liquid crystal devices  90131000 90132000 90138011 90138019 90138030 90138090 90139010 90139090Wrist-watches, pocket-watches and other watches,  91011100 91011200 91011900 91012100 91012900 91019100 91019900Wrist-watches, pocket-watches and other watches,  91021100 91021200 91021900 91022100 91022900 91029100 91029900Clocks with watch movements,  91031000 91039000Other clocks : 91051100 91051900 91052100 91052900 91059100 91059910 91059990Pianos, including automatic pianos; harpsichords  92011010 92011090 92012000 92019000 CN code 96Revolvers and pistols,  93020010 93020090Other firearms and similar devices  93031000 93032030 93032080 93033000  93039000Other arms (for example, spring, air or gas guns  93040000 Parts and accessories of articles of heading Nos 9... 93051000 93052100 93052910 93052930 93052980 93059090Bombs, grenades, torpedoes, mines, missiles  93061000 93062100 93062940 93062970 93063010 93063091 93063093 93063098 93069090Seats (other than those of heading No 9402),  94012000 94019010 94019030 94019080Other furniture and parts thereof : 94034010 94034090 94039010 94039030 94039090Mattress supports; articles of bedding  94041000 94042110 94042190 94042910 94042990 94043010 94043090 94049010 94049090Lamps and lighting fittings including searchlights 94051021 94051029 94051030 94051050 94051091CN code 96 94051099 94052011 94052019 94052030 94052050 94052091 94052099 94053000 94054010 94054031 94054035 94054039 94054091 94054095 94054099 94055000 94056091 94056099 94059111 94059119 94059190 94059290 94059990Prefabricated buildings : 94060010 94060031 94060039 94060090Other toys; reduced-size ("scale") models  95031010 95031090 95032010 95032090 95033010 95033030 95033090 95034100 95034910 95034930 95034990 95035000 95036010 95036090 95037000 95038010 95038090 95039010 95039032 95039034 95039035 95039037 95039051 95039055 95039099Brooms, brushes  96031000 96032100 96032910 96032930 96032990 96033010 96033090CN code 96 96034010 96034090 96035000 96039010 96039091 96039099 Agricultural ProductsCN code 96Live horses, asses, mules and hinnies : 01011990 01012090Other live animals : 01060020Edible offal of bovine animals, swine, sheep, goat 02063021 02064191 02068091 02069091Meat and edible offal,  02071391 02071491 02072691 02072791 02073591 02073689Other meat and edible meat offal, fresh, chilled  02081011 02081019 02089010 02089050 02089060 02089080Meat and edible meat offal, salted, in brine, drie 02109010 02109060 02109079 02109080Birds' eggs, in shell, fresh, preserved or cooked 04070090Edible products of animal origin, not elsewhere sp 04100000Bulbs, tubers, tuberous roots, corms, crowns  06012030 06012090Other live plants (including their roots), cutting 06022090 06023000 06024010 06024090 06029010 06029030 06029041 06029045 06029049 06029051 06029059 06029070 06029091 06029099CN code 96Foliage, branches and other parts of plants,  06049121 06049129 06049149 06049990Potatoes, fresh or chilled : 07019059 07019090Onions, shallots, garlic, leeks  07032000Other vegetables, fresh or chilled : 07091040 07095130 07095200 07096099 07099031 07099071 07099073Vegetables (uncooked or cooked by steaming or boiling 07108059Vegetables provisionally preserved  07119010Dried vegetables, whole, cut, sliced, broken  07129005 Other nuts, fresh or dried, whether or not shelled 08021290Dates, figs, pineapples, avocados, guavas, mangoes 08041000Citrus fruit, fresh or dried : 08054095Grapes, fresh or dried : 08062091 08062092 08062098Apricots, cherries, peaches (including nectarines) 08094010 (12) 08094090Other fruit, fresh : 08104050Fruit and nuts, uncooked or cooked by steaming  08112019 08112051 08112090 08119031 08119050 08119085 CN code 96Fruit and nuts, provisionally preserved  08129040Fruit, dried,  08131000 08133000 08134030 08134095Coffee, whether or not roasted or decaffeinated;  09011200 09012100 09012200 09019090Cloves (whole fruit, cloves and stems). 09070000Ginger, saffron, turmeric (curcuma), thyme, bay leaf 09104013 09104019 09104090 09109190 09109999Seeds, fruit and spores, of a kind used for sowing 12091100 12091900Locust beans, seaweeds and other algae, sugar beet 12129200Pig fat (including lard) and poultry fat,  15010090Lard stearin, lard oil, oleostearin, oleo-oil  15030090Ground-nut oil and its fractions, whether or not refined 15081090 15089090Palm oil and its fractions, whether or not refined 15119011 15119019 15119099Coconut (copra), palm kernel or babassu oil  15131191 15131199 15131911 15131919 15131991 15131999 15132130 15132190 15132911 15132919 15132950 15132991 15132999 CN code 96Other fixed vegetable fats and oils  15151990 15152190 15152990 15155019 15155099 15159029 15159039 15159051 15159059 15159091 15159099Animal or vegetable fats and oils  15161010 15161090 15162091 15162096 15162098Margarine; edible mixtures  15171090 15179091 15179099Animal or vegetable fats and oils  15180010 15180091 15180099Sausages and similar products, of meat, meat offal 16010010Extracts and juices of meat, fish or crustaceans, 16030010Molasses  17031000 17039000Cocoa paste, whether or not defatted : 18031000 18032000Cocoa butter, fat and oil. 18040000Cocoa powder, not containing added sugar or other 18050000Vegetables, fruit, nuts and other edible parts  20019060 20019070 20019075 20019085 20019091Other vegetables prepared or preserved otherwise  20049030 CN code 96Other vegetables prepared or preserved otherwise  20057010 20057090 20059010 20059030 20059050 20059060 20059070 20059075 20059080Vegetables, fruit, nuts, fruit-peel and other parts 20060091Fruit, nuts and other edible parts of plants,  20081110 20081192 20081196 20081911 20081913 20081951 20081993 20083071 20089100 20089212 20089214 20089232 20089234 20089236 20089238 20089911 20089919 20089938 20089940 20089947Fruit juices (including grape must)  20098036 20098038 20098088 20098089 20098095 20098096Yeasts (active or inactive);  21023000Sauces and preparations therefor;  21031000 21033090 21039090Soups and broths and preparations therefor;  21041010 21041090 21042000Food preparations not elsewhere specified  21069092Waters, including mineral waters and aerated water 22021000 22029010CN code 96Other fermented beverages (for example, cider) 22060031 22060039 22060051 22060059 22060081 22060089Undenatured ethyl alcohol of an alcoholic strength 22085011 22085019 22085091 22085099 22086011 22086091 22086099 22087010 22087090 22089011 22089019 22089057 22089069 22089074 22089078Preparations of a kind used in animal feeding : 23091090 23099091 23099093 23099098Unmanufactured tobacco; tobacco refuse : 24011030 24011050 24011070 24011080 24011090 24012030 24012049 24012050 24012080 24012090 24013000Cigars, cheroots, cigarillos and cigarettes,  24021000 24022010 24022090 24029000Other manufactured tobacco and manufactured tobacco 24031010 24031090 24039100 24039910 24039990Casein, caseinates and other casein derivatives;  35011090 35019010 35019090 CN code 96Albumins  35029070Industrial monocarboxylic fatty acids; acid oils  38231200 38237000 ANNEX XII to Protocol 1 Products for which the cumulation provisions with South Africa referred to in Article 6(3) apply after 6 years from the provisional application of the Trade, Development and Co-operation Agreement between the European Community and the Republic of South AfricaIndustrial Products (1)CN code 96Woven fabrics of cotton, containing 85 % or more 52081110 52081190 52081211 52081213 52081215 52081219 52081291 52081293 52081295 52081299 52081300 52081900 52082110 52082190 52082211 52082213 52082215 52082219 52082291 52082293 52082295 52082299 52082300 52082900 52083100 52083211 52083213 52083215 52083219 52083291 52083293 52083295 52083299 52083300 52083900 52084100 52084200 52084300 52084900 52085100 52085210 52085290 52085300 52085900 \ CN code 96Woven fabrics of cotton, containing 85 % or more 52091100 52091200 52091900 52092100 52092200 52092900 52093100 52093200 52093900 52094100 52094200 52094300 52094910 52094990 52095100 52095200 52095900Woven fabrics of cotton, containing less than 85 % 52101110 52101190 52101200 52101900 52102110 52102190 52102200 52102900 52103110 52103190 52103200 52103900 52104100 52104200 52104900 52105100 52105200 52105900Woven fabrics of cotton, containing less than 85 % 52111100 52111200 52111900 52112100 52112200 52112900 52113100 52113200 52113900 52114100 52114200 52114300 52114910 52114990 52115100 52115200 52115900Other woven fabrics of cotton : 52121110 52121190 52121210 52121290CN code 96 52121310 52121390 52121410 52121490 52121510 52121590 52122110 52122190 52122210 52122290 52122310 52122390 52122410 52122490 52122510 52122590Woven fabrics of synthetic staple fibres 55121100 55121910 55121990 55122100 55122910 55122990 55129100 55129910 55129990Woven fabrics of synthetic staple fibres 55131110 55131130 55131190 55131200 55131300 55131900 55132110 55132130 55132190 55132200 55132300 55132900 55133100 55133200 55133300 55133900 55134100 55134200 55134300 55134900Woven fabrics of synthetic staple fibres 55141100 55141200 55141300 55141900 55142100 55142200 55142300 55142900 55143100 55143200 55143300 55143900 55144100CN code 96 55144200 55144300 55144900Other woven fabrics of synthetic staple fibres 55151110 55151130 55151190 55151210 55151230 55151290 55151311 55151319 55151391 55151399 55151910 55151930 55151990 55152110 55152130 55152190 55152211 55152219 55152291 55152299 55152910 55152930 55152990 55159110 55159130 55159190 55159211 55159219 55159291 55159299 55159910 55159930 55159990Woven fabrics of artificial staple fibres 55161100 55161200 55161300 55161400 55162100 55162200 55162310 55162390 55162400 55163100 55163200 55163300 55163400 55164100 55164200 55164300 55164400 55169100 55169200 55169300 55169400 CN code 96Twine, cordage, ropes and cables 56071000 56072100 56072910 56072990 56073000 56074100 56074911 56074919 56074990 56075011 56075019 56075030 56075090 56079000Knotted netting of twine, cordage or rope 56081111 56081119 56081191 56081199 56081911 56081919 56081931 56081939 56081991 56081999 56089000Carpets and other textile floor coverings, woven 57021000 57022000 57023110 57023130 57023190 57023210 57023290 57023910 57023990 57024110 57024190 57024210 57024290 57024910 57024990 57025100 57025200 57025900 57029100 57029200 57029900Carpets and other textile floor coverings, tufted 57031010 57031090 570320111 57032019 57032091 57032099 57033011 CN code 9657033019 57033051 57033059 57033091 57033099 57039010 57039090Carpets and other textile floor coverings, of felt 57041000 57049000Other carpets and other textile floor coverings,  57050010 57050031 57050039 57050090Other knitted or crocheted fabrics 60021010 60021090 60022010 60022031 60022039 60022050 60022070 60022090 60023010 60023090 60024100 60024210 60024230 60024250 60024290 60024311 60024319 60024331 60024333 60024335 60024339 60024350 60024391 60024393 60024395 60024399 60024900 60029100 60029210 60029230 60029250 60029290 60029310 60029331 60029333 60029335 60029339 60029391 60029399 60029900 CN code 96Men's or boys' suits, ensembles, jackets, blazers 61031100 61031200 61031900 61032100 61032200 61032300 61032900 61033100 61033200 61033300 61033900Women's or girls' suits, ensembles, jackets, blazers 61041100 61041200 61041300 61041900 61042100 61042200 61042300 61042900 61043100 61043200 61043300 61043900 61044100 61044200 61044300 61044400 61044900Men's or boys' shirts, knitted or crocheted 61051000 61052010 61052090 61059010 61059090Women's or girls' blouses, shirts and shirt-blouses 61061000 61062000 61069010 61069030 61069050 61069090T-shirts, singlets and other vests, knitted or crocheted 61099090Jerseys, pullovers, cardigans, waistcoats and similar 61101010 61101031 61101035 611010381 61101091 61101095 61101098 CN code 9661102010 61102091 61102099 61103010 61103091 61103099 61109010 61109090Babies' garments and clothing accessories, knitted 61111010 61111090 61112010 61112090 61113010 61113090 61119000Men's or boys' suits, ensembles, jackets, blazers 62031100 62031200 62031910 62031930 62031990 62032100 62032210 62032280 62032310 62032380 62032911 62032918 62032990 62033100 62033210 62033290 62033310 62033390 62033911 62033919 62033990Women's or girls' suits, ensembles, jackets, blazers 62041100 62041200 62041300 62041910 62041990 62042100 62042210 62042280 62042310 62042380 62042911 62042918 62042990 62043100 62043210 62043290 62043310 62043390 62043911 CN code 96 62043919 62043990 62044100 62044200 62044300 62044400 62044910 62044990Women's or girls' blouses, shirts and shirt-blouses 62061000 62062000 62063000 62064000 62069010 62069090Babies' garments and clothing accessories 62091000 62092000 62093000 62099000Garments, made up of fabrics of heading No 5602, 5 62101010 62101091 62101099 62102000 62103000 62104000 62105000Track suits, ski suits and swimwear; other garments 62111100 62111200 62112000 62113100 62113210 62113231 62113241 62113242 62113290 62113310 62113331 62113341 62113342 62113390 62113900 62114100 62114210 62114231 62114241 62114242 62114290 62114310 62114331 62114341 62114342 62114390 62114900 CN code 96Bed linen, table linen, toilet linen and kitchen linen 63021010 63021090 63022100 63022210 63022290 63022910 63022990 63023110 63023190 63023210 63023290 63023910 63023930 63023990 63024000 63025110 63025190 63025200 63025310 63025390 63025900 63026000 63029110 63029190 63029200 63029310 63029390 63029900Curtains (including drapes) and interior blinds 63031100 63031200 63031900 63039100 63039210 63039290 63039910 63039990Other furnishing articles 63041100 63041910 63041930 63041990 63049100 63049200 63049300 63049900 Industrial Products (2)CN code 96Hydrogen, rare gases and other non-metals : 28046900Colloidal precious metals; inorganic or organic 28431090 28433000 28439090Oxygen-function amino-compounds 29224100Pig iron and spiegeleisen in pigs, blocks or other 72011011 72011019 72011030 72012000 72015090Ferro-alloys 72021120 72021180 72021900 72022110 72022190 72022900 72023000 72024110 72024191 72024199 72024910 72024950 72024990Ferrous products obtained by direct reduction 72039000Ferrous waste and scrap; remelting scrap ingots  72045090Iron and non-alloy steel in ingots or other  72061000 72069000Semi-finished products of iron or non-alloy steel 72071111 72071114 72071116 72071210 72071911 72071914 72071916 72071931 72072011 72072015 72072017 72072032 72072051 72072055 72072057 72072071CN code 96Flat-rolled products of iron or non-alloy steel,  72081000 72082500 72082600 72082700 72083600 72083710 72083790 72083810 72083890 72083910 72083990 72084010 72084090 72085110 72085130 72085150 72085191 72085199 72085210 72085291 72085299 72085310 72085390 72085410 72085490 72089010Flat-rolled products of iron or non-alloy steel,  72091500 72091610 72091690 72091710 72091790 72091810 72091891 72091899 72092500 72092610 72092690 72092710 72092790 72092810 72092890 72099010Flat-rolled products of iron or non-alloy steel,  72101110 72101211 72101219 72102010 72103010 72104110 72104910 72105010 72106110 72106910 72107031 72107039 72109031 72109033 72109038CN code 96Flat-rolled products of iron or non-alloy steel,  72111300 72111410 72111490 72111920 72111990 72112310 72112351 72112920 72119011Flat-rolled products of iron or non-alloy steel,  72121010 72121091 72122011 72123011 72124010 72124091 72125031 72125051 72126011 72126091Bars and rods, hot-rolled,  72131000 72132000 72139110 72139120 72139141 72139149 72139170 72139190 72139910 72139990Other bars and rods of iron or non-alloy steel,  72142000 72143000 72149110 72149190 72149910 72149931 72149939 72149950 72149961 72149969 72149980 72149990Other bars and rods of iron or non-alloy steel : 72159010Angles, shapes and sections of iron or non-alloy steel : 72161000 72162100 72162200 72163111 72163119 72163191 72163199 72163211 72163219 72163291CN code 96 72163299 72163310 72163390 72164010 72164090 72165010 72165091 72165099 72169910Stainless steel in ingots or other primary forms; 72181000 72189111 72189119 72189911 72189920Flat-rolled products of stainless steel,  72191100 72191210 72191290 72191310 72191390 72191410 72191490 72192110 72192190 72192210 72192290 72192300 72192400 72193100 72193210 72193290 72193310 72193390 72193410 72193490 72193510 72193590 72199010Flat-rolled products of stainless steel,  72201100 72201200 72202010 72209011 72209031Bars and rods, hot-rolled,  72210010 72210090Other bars and rods of stainless steel;  72221111 72221119 72221121 72221129 72221191 72221199 72221910 72221990 72223010 72224010CN code 96 72224030Other alloy steel in ingots or other primary forms 72241000 72249001 72249005 72249008 72249015 72249031 72249039Flat-rolled products of other alloy steel,  72251100 72251910 72251990 72252020 72253000 72254020 72254050 72254080 72255000 72259110 72259210 72259910Flat-rolled products of other alloy steel,  72261110 72261910 72261930 72262020 72269110 72269190 72269210 72269320 72269420 72269920Bars and rods, hot-rolled,  72271000 72272000 72279010 72279050 72279095Other bars and rods of other alloy steel;  72281010 72281030 72282011 72282019 72282030 72283020 72283041 72283049 72283061 72283069 72283070 72283089 72286010 72287010 72287031 72288010 72288090 CN code 96Sheet piling of iron or steel,  73011000Railway or tramway track construction material  73021031 73021039 73021090 73022000 73024010 73029010Tubes, pipes and hollow profiles, of cast iron : 73030010 73030090Tube or pipe fittings (for example couplings) 73071110 73071190 73071910 73071990 73072100 73072210 73072290 73072310 73072390 73072910 73072930 73072990 73079100 73079210 73079290 73079311 73079319 73079391 73079399 73079910 73079930 73079990Reservoirs, tanks, vats and similar containers  73090010 73090030 73090051 73090059 73090090Tanks, casks, drums, cans, boxes and similar containers 73101000 73102110 73102191 73102199 73102910 73102990Containers for compressed or liquefied gas,  73110010 73110091 73110099Stranded wire, ropes, cables, plaited bands,  73121030 73121051 73121059CN code 96 73121071 73121075 73121079 73121082 73121084 73121086 73121088 73121099 73129090Barbed wire of iron or steel;  73130000Chain and parts thereof, of iron or steel : 73151110 73151190 73151200 73151900 73152000 73158100 73158210 73158290 73158900 73159000Screws, bolts, nuts, coach screws, screw hooks,  73181100 73181210 73181290 73181300 73181410 73181491 73181499 73181510 73181520 73181530 73181541 73181549 73181551 73181559 73181561 73181569 73181570 73181581 73181589 73181590 73181610 73181630 73181650 73181691 73181699 73181900 73182100 73182200 73182300 73182400 73182900Sewing needles, knitting needles, bodkins, crochets 73191000 73192000 73193000 73199000CN code 96Springs and leaves for springs, of iron or steel : 73201011 73201019 73201090 73202020 73202081 73202085 73202089 73209010 73209030 73209090Stoves, ranges, grates, cookers  73211110 73211190 73211200 73211300 73218110 73218190 73218210 73218290 73218300 73219000Radiators for central heating,  73221100 73221900 73229090Table, kitchen or other household articles  73231000 73239100 73239200 73239310 73239390 73239410 73239490 73239910 73239991 73239999Sanitary ware and parts thereof, of iron or steel 73241090 73242100 73242900 73249090Other cast articles of iron or steel : 73251020 73251050 73251091 73251099 73259100 73259910 73259991 73259999Other articles of iron or steel : 73261100 73261910 73261990 73262030 73262050CN code 96 73262090 73269010 73269030 73269040 73269050 73269060 73269070 73269080 73269091 73269093 73269095 73269097Unwrought zinc : 79011100 79011210 79011230 79011290 79012000Zinc dust, powders and flakes : 79031000 79039000Motor vehicles for the transport of ten or more persons 87021011 87021019 87029011 87029019Motor vehicles for the transport of goods : 87042131 87042139 87042291 87042299 87042391 87042399 87043131 87043139 87043291 87043299 ANNEX XIII to protocol 1 Products to which Article 6(3) shall not be applicableIndustrial Products (1)CN code 96Motor cars and other motor vehicles  87031010 87031090 87032110 87032190 87032211 87032219 87032290 87032311 87032319 87032390 87032410 87032490 87033110 87033190 87033211 87033219 87033290 87033311 87033319 87033390 87039010 87039090Chassis fitted with engines,  87060011 87060019 87060091 87060099Bodies (including cabs), for the motor vehicles  87071010 87071090 87079010 87079090Parts and accessories of the motor vehicles  87081010 87081090 87082110 87082190 87082910 87082990 87083110 87083191 87083199 87083910 87083990 87084010 87084090 87085010 87085090 87086010 87086091 87086099CN code 96 87087010 87087050 87087091 87087099 87088010 87088090 87089110 87089190 87089210 87089290 87089310 87089390 87089410 87089490 87089910 87089930 87089950 87089992 87089998 Industrial Products (2)CN code 96Unwrought aluminium : 76011000 76012010 76012091 76012099Aluminium powders and flakes : 76031000 76032000 Agricultural Products (1)CN code 96Live horses, asses, mules and hinnies : 01012010Milk and cream, not concentrated  04011010 04011090 04012011 04012019 04012091 04012099 04013011 04013019 04013031 04013039 04013091 04013099Buttermilk, curdled milk and cream, yogurt, kephir 04031011 04031013 04031019 04031031 04031033 04031039Potatoes, fresh or chilled : 07019051Leguminous vegetables, shelled or unshelled, fresh or chilled 07081020 07081095Other vegetables, fresh or chilled : 07095190 07096010Vegetables (uncooked or cooked by steaming or boiled) 07108095Vegetables provisionally preserved  07111000  07113000 07119060 07119070Dates, figs, pineapples, avocados, guavas, mangoes 08042090 08043000 08044020 08044090 08044095Grapes, fresh or dried : 08061029   (3) (12) 08062011 08062012 08062018 CNcode 96Melons (including watermelons) and papaws (papayas) 08071100 08071900Apricots, cherries, peaches (including nectarines) 08093011  (5) (12) 08093051  (6) (12)Other fruit, fresh : 08109040 08109085Fruit and nuts, provisionally preserved  08121000 08122000 08129050 08129060 08129070 08129095Fruit, dried,  08134010 08135015 08135019 08135039 08135091 08135099Pepper of the genus Piper; dried or crushed  09042010Soya-bean oil and its fractions,  15071010 15071090 15079010 15079090Sunflower-seed, safflower or cotton-seed oil  15121110 15121191 15121199 15121910 15121991 15121999 15122110 15122190 15122910 15122990Rape, colza or mustard oil and fractions thereof, 15141010 15141090 15149010 15149090Fruit, nuts and other edible parts of plants,  20081959Fruit juices (including grape must)  20092099 20094099 20098099CN code 96Unmanufactured tobacco; tobacco refuse : 24011010 24011020 24011041 24011049 24011060 24012010 24012020 24012041 24012060 24012070 Agricultural Products (2)CN code 96Cut flowers and flower buds  06031055 06031061 06031069  (11)Onions, shallots, garlic, leeks  07031011 07031019 07031090 07039000Cabbages, cauliflowers, kohlrabi, kale and similar 07041005 07041010 07041080 07042000 07049010 07049090Lettuce (Lactuca sativa) and chicory  07051105 07051110 07051180 07051900 07052100 07052900Carrots, turnips, salad beetroot, salsify, celeriac 07061000 07069005 07069011 07069017 07069030 07069090Leguminous vegetables, shelled or unshelled, fresh or chilled 07081090 07082020 07082090 07082095 07089000Other vegetables, fresh or chilled : 07091030   (12) 07093000 07094000 07095110 07095150 07097000 07099010 07099020 07099040 07099050 07099090Vegetables (uncooked or cooked by steaming or boiled) 07101000 07102100 07102200 07102900CN code 96 07103000 07108010 07108051 07108061 07108069 07108070 07108080 07108085 07109000Vegetables provisionally preserved  07112010 07114000 07119040 07119090Dried vegetables, whole, cut, sliced, broken  07122000 07123000 07129030 07129050 07129090Manioc, arrowroot, salep, Jerusalem artichokes,  07149011 07149019Other nuts, fresh or dried, whether or not shelled 08021190 08022100 08022200 08024000Bananas, including plantains, fresh or dried : 08030011 08030090Dates, figs, pineapples, avocados, guavas, mangoes 08042010Citrus fruit, fresh or dried : 08052021 (1) (12) 08052023 (1) (12) 08052025 (1) (12) 08052027 (1) (12) 08052029 (1) (12) 08053090 08059000Grapes, fresh or dried : 08061095 08061097Apples, pears and quinces, fresh : 08081010      (12) 08082010      (12) 08082090Apricots, cherries, peaches (including nectarines) 08091010        (12) 08091050        (12) 08092019        (12) 08092029        (12) 08093011   (7) (12)CN code 96 08093019        (12) 08093051   (8) (12) 08093059        (12) 08094040        (12)Other fruit, fresh : 08101005 08102090 08103010 08103030 08103090 08104090 08105000Fruit and nuts, uncooked or cooked by steaming  08112011 08112031 08112039 08112059 08119011 08119019 08119039 08119075 08119080 08119095Fruit and nuts, provisionally preserved  08129010 08129020Fruit, dried,  08132000Wheat and meslin : 10019010Buckwheat, millet and canary seed; other cereals : 10081000 10082000 10089090Flour, meal, powder, flakes, granules and pellets 11051000 11052000Flour, meal and powder of the dried leguminous vegetables 11061000 11063010 11063090Fats and oils and their fractions, of fish  15043011Other prepared or preserved meat, meat offal  16022011 16022019 16023111 16023119 16023130 16023190 16023219 16023230 16023290CN code 96 16023929 16023940 16023980 16024190 16024290 16029031 16029072 16029076Vegetables, fruit, nuts and other edible parts  20011000 20012000 20019050 20019065 20019096Mushrooms and truffles, prepared or preserved  20031020 20031030 20031080 20032000Other vegetables prepared or preserved otherwise  20041010 20041099 20049050 20049091 20049098Other vegetables prepared or preserved otherwise  20051000 20052020 20052080 20054000 20055100 20055900Vegetables, fruit, nuts, fruit-peel  20060031 20060035 20060038 20060099Jams, fruit jellies, marmalades, fruit or nut puree 20071091 20079993Fruit, nuts and other edible parts of plants,  20081194 20081198 20081919 20081995 20081999 20082051 20082059 20082071 20082079 20082091 20082099 20083011 20083039 20083051 20083059 20084011CNcode 96 20084021 20084029 20084039 20086011 20086031 20086039 20086059 20086069 20086079 20086099 20087011 20087031 20087039 20087059 20088011 20088031 20088039 20088050 20088070 20088091 20088099 20089923 20089925 20089926 20089928 20089936 20089945 20089946 20089949 20089953 20089955 20089961 20089962 20089968 20089972 20089974 20089979 20089999Fruit juices (including grape must)  20091119 20091191 20091919 20091991 20091999 20092019 20092091 20093019 20093031 20093039 20093051 20093055 20093091 20093095 20093099 20094019 20094091 20098019 20098050 20098061 20098063 20098073 20098079 20098083CNcode 96 20098084 20098086 20098097 20099019 20099029 20099039 20099041 20099051 20099059 20099073 20099079 20099092 20099094 20099095 20099096 20099097 20099098Other fermented beverages (for example, cider) 22060010Wine lees; argol : 23070019Vegetable materials and vegetable waste,  23089019 Agricultural Products (3)CN code 96Live swine : 01039110 01039211 01039219Live sheep and goats : 01041030 01041080 01042090Live poultry, that is to say, fowls of the species 01051111 01051119 01051191 01051199 01051200 01051920 01051990 01059200 01059300 01059910 01059920 01059930 01059950Meat of swine, fresh, chilled or frozen : 02031110 02031211 02031219 02031911 02031913 02031915 02031955 02031959 02032110 02032211 02032219 02032911 02032913 02032915 02032955 02032959Meat of sheep or goats, fresh, chilled or frozen : 02041000 02042100 02042210 02042230 02042250 02042290 02042300 02043000 02044100 02044210 02044230 02044250 02044290 02044310 02044390 02045011CNcode 9602045013 02045015 02045019 02045031 02045039 02045051 02045053 02045055 02045059 02045071 02045079Meat and edible offal,  02071110 02071130 02071190 02071210 02071290 02071310 02071320 02071330 02071340 02071350 02071360 02071370 02071399 02071410 02071420 02071430 02071440 02071450 02071460 02071470 02071499 02072410 02072490 02072510 02072590 02072610 02072620 02072630 02072640 02072650 02072660 02072670 02072680 02072699 02072710 02072720 02072730 02072740 02072750 02072760 02072770 02072780 02072799 02073211 02073215 02073219 02073251 02073259 02073290 02073311 02073319CNcode 96 02073351 02073359 02073390 0207351102073515 02073521 02073523 02073525 02073531 02073541 02073551 02073553 02073561 02073563 02073571 02073579 02073599 02073611 02073615 02073621 02073623 02073625 02073631 02073641 02073651 02073653 02073661 02073663 02073671 02073679 02073690Pig fat, free of lean meat, and poultry fat,  02090011 02090019 02090030 02090090Meat and edible meat offal, salted, in brine,  02101111 02101119 02101131 02101139 02101190 02101211 02101219 02101290 02101910 02101920 02101930 02101940 02101951 02101959 02101960 02101970 02101981 02101989 02101990 02109011 02109019 02109021 02109029 02109031 02109039CN code 96Milk and cream, concentrated  04029111 04029119 04029131 04029139 04029151 04029159 04029191 04029199 04029911 04029919 04029931 04029939 04029991 04029999Buttermilk, curdled milk and cream, yogurt, kephir 04039051 04039053 04039059 04039061 04039063 04039069Whey, whether or not concentrated  04041048 04041052 04041054 04041056 04041058 04041062 04041072 04041074 04041076 04041078 04041082 04041084Cheese and curd : 04061020     (11) 04061080     (11) 04062090     (11) 04063010     (11) 04063031     (11) 04063039     (11) 04063090     (11) 04064090     (11) 04069001     (11) 04069021     (11) 04069050     (11) 04069069     (11) 04069078     (11) 04069086     (11) 04069087     (11) 04069088     (11) 04069093     (11) 04069099     (11)Birds' eggs, in shell, fresh, preserved or cooked 04070011 04070019 04070030CN code 96Birds' eggs, not in shell, and egg yolks, fresh,  04081180 04081981 04081989 04089180 04089980Natural honey. 04090000Tomatoes, fresh or chilled : 07020015      (12) 07020020      (12) 07020025      (12) 07020030      (12) 07020035      (12) 07020040      (12) 07020045      (12) 07020050      (12)Cucumbers and gherkins, fresh or chilled : 07070010      (12) 07070015      (12) 07070020      (12) 07070025      (12) 07070030      (12) 07070035      (12) 07070040      (12) 07070090      Other vegetables, fresh or chilled : 07091010      (12) 07091020      (12) 07092000 07099039 07099075      (12) 07099077      (12) 07099079      (12)Vegetables provisionally preserved  07112090Dried vegetables, whole, cut, sliced, broken  07129019Manioc, arrowroot, salep, Jerusalem artichokes,  07141010 07141091 07141099 07142090Citrus fruit, fresh or dried : 08051037  (2)  (12) 08051038  (2)  (12) 08051039  (2)  (12) 08051042  (2)  (12) 08051046  (2)  (12) 08051082 08051084 CN code 9608051086 08052011        (12) 08052013        (12) 08052015        (12) 08052017        (12) 08052019        (12) 08052021 (10) (12) 08052023 (10) (12) 08052025 (10) (12) 08052027 (10) (12) 08052029 (10) (12) 08052031        (12) 08052033        (12) 08052035        (12) 08052037        (12) 08052039        (12)Grapes, fresh or dried : 08061021        (12) 08061029  (4)  (12) 08061030        (12) 08061050        (12) 08061061        (12) 08061069        (12) 08061093Apricots, cherries, peaches (including nectarines) 08091020        (12) 08091030        (12) 08091040        (12) 08092011        (12) 08092021        (12) 08092031        (12) 08092039        (12) 08092041        (12) 08092049        (12) 08092051        (12) 08092059        (12) 08092061        (12) 08092069        (12) 08092071        (12) 08092079        (12) 08093021        (12) 08093029        (12) 08093031        (12) 08093039        (12) 08093041        (12) 08093049        (12) 08094020        (12) 08094030        (12)Other fruit, fresh : 08101010 08101080 08102010Fruit and nuts, uncooked or cooked by steaming  08111011 08111019Wheat and meslin : 10011000 10019091 10019099CN code 96Rye. 10020000Barley : 10030010 10030090Oats. 10040000Buckwheat, millet and canary seed; other cereals : 10089010Wheat or meslin flour : 11010011 11010015 11010090Cereal flours other than of wheat or meslin : 11021000 11029010 11029030 11029090Cereal groats, meal and pellets : 11031110 11031190 11031200 11031910 11031930 11031990 11032100 11032910 11032920 11032930 11032990Cereal grains otherwise worked  11041110 11041190 11041210 11041290 11041910 11041930 11041999 11042110 11042130 11042150 11042190 11042199 11042220 11042230 11042250 11042290 11042292 11042299 11042911 11042915 11042919 11042931 CN code 96 11042935 11042939 11042951 11042955 11042959 11042981 11042985 11042989 11043010Flour, meal and powder of the dried leguminous vegetables 11062010 11062090Malt, whether or not roasted : 11071011 11071019 11071091 11071099 11072000Locust beans, seaweeds and other algae, sugar beet 12129120 12129180Pig fat (including lard) and poultry fat,  15010019Olive oil and its fractions, whether or not refined 15091010 15091090 15099000Other oils and their fractions,  15100010 15100090Degras;  15220031 15220039Sausages and similar products, of meat, meat offal 16010091 16010099Other prepared or preserved meat, meat offal  16021000 16022090 16023211 16023921 16024110 16024210 16024911 16024913 16024915 16024919 16024930 16024950 16024990 16025031 CN code 96 16025039 16025080 16029010 16029041 16029051 16029069 16029074 16029078 16029098Other sugars, including chemically pure lactose,  17021100 17021900Pasta, whether or not cooked or stuffed  19022030Jams, fruit jellies, marmalades, fruit or nut puree 20071099 20079190 20079991 20079998Fruit, nuts and other edible parts of plants,  20082011 20082031 20083019 20083031 20083079 20083091 20083099 20084019 20084031 20085011 20085019 20085031 20085039 20085051 20085059 20086019 20086051 20086061 20086071 20086091 20087019 20087051 20088019 20089216 20089218 20089921 20089932 20089933 20089934 20089937 20089943Fruit juices (including grape must)  20091111 20091911 20092011 20093011 20093059 20094011 20095010CN code 9620095090 20098011 20098032 20098033 20098035 20099011 20099021 20099031Food preparations not elsewhere specified  21069051Wine of fresh grapes, including fortified wines;  22041019       (11) 22041099       (11) 22042110 22042181 22042182 22042198 22042199 22042910 22042958 22042975 22042998 22042999 22043010 22043092       (12) 22043094       (12) 22043096       (12) 22043098       (12)Undenatured ethyl alcohol  22082040Bran, sharps and other residues,  23023010 23023090 23024010 23024090Oil-cake and other solid residues,  23069019Preparations of a kind used in animal feeding : 23091013 23091015 23091019 23091033 23091039 23091051 23091053 23091059 23091070 23099033 23099035 23099039 23099043 23099049 23099051 23099053 23099059 23099070 CN code 96Albumins  35021190 35021990 35022091 35022099 Agricultural Products (4)CN code 96Buttermilk, curdled milk and cream, yogurt, kephir 04031051 04031053 04031059 04031091 04031093 04031099 04039071 04039073 04039079 04039091 04039093 04039099Butter and other fats and oils derived from milk; 04052010 04052030Vegetable saps and extracts; pectic substances,  13022010 13022090Margarine;  15171010 15179010Other sugars, including chemically pure lactose,  17025000 17029010Sugar confectionery (including white chocolate),  17041011 17041019 17041091 17041099 17049010 17049030 17049051 17049055 17049061 17049065 17049071 17049075 17049081 17049099Chocolate and other food preparations  18061015 18061020 18061030 18061090 18062010 18062030 18062050 18062070 18062080 18062095 18063100 18063210 CN code 9618063290 18069011 18069019 18069031 18069039 18069050 18069060 18069070 18069090Malt extract; food preparations of flour, meal,  19011000 19012000 19019011 19019019 19019099Pasta, whether or not cooked or stuffed  19021100 19021910 19021990 19022091 19022099 19023010 19023090 19024010 19024090Tapioca and substitutes  19030000Prepared foods  19041010 19041030 19041090 19042010 19042091 19042095 19042099 19049010 19049090Bread, pastry, cakes, biscuits  19051000 19052010 19052030 19052090 19053011 19053019 19053030 19053051 19053059 19053091 19053099 19054010 19054090 19059010 19059020 19059030 19059040 19059045 19059055 19059060 19059090CN code 96Vegetables, fruit, nuts  20019040Other vegetables  20041091Other vegetables  20052010Fruit, nuts and other edible parts of plants,  20089985 20089991Fruit juices (including grape must)  20098069Extracts, essences and concentrates, of coffee,  21011111 21011119 21011292 21011298 21012098 21013011 21013019 21013091 21013099Yeasts (active or inactive);  21021010 21021031 21021039 21021090 21022011Sauces and preparations therefor; mixed condiments 21032000Ice cream and other edible ice,  21050010 21050091 21050099Food preparations not elsewhere specified or included 21061020 21061080 21069010 21069020 21069098Waters, including mineral waters and aerated water 22029091 22029095 22029099Vinegar and substitutes for vinegar  22090011 22090019 22090091 22090099 CN code 96Acyclic alcohols and their halogenated,  29054300 29054411 29054419 29054491 29054499 29054500Mixtures of odoriferous substances and mixtures  33021010 33021021 33021029Finishing agents, dye carriers  38091010 38091030 38091050 38091090Prepared binders for foundry moulds or cores;  38246011 38246019 38246091 38246099 Agricultural Products (5)CN code 96Cut flowers and flower buds  06031015         (11) 06031029         (11) 06031051         (11) 06031065         (11) 06039000         (11)Fruit and nuts, uncooked or cooked by steaming  08111090         (11)Fruit, nuts and other edible parts of plants,  20084051         (11) 20084059         (11) 20084071         (11) 20084079         (11) 20084091         (11) 20084099         (11) 20085061         (11) 20085069         (11) 20085071         (11) 20085079         (11) 20085092         (11) 20085094         (11) 20085099         (11) 20087061         (11) 20087069         (11) 20087071         (11) 20087079         (11) 20087092         (11) 20087094         (11) 20087099         (11) 20089259         (11) 20089272         (11) 20089274         (11) 20089278         (11) 20089298         (11)Fruit juices (including grape must)  20091199         (11) 20094030         (11) 20097011         (11) 20097019         (11) 20097030         (11) 20097091         (11) 20097093         (11) 20097099         (11)Wine of fresh grapes, including fortified wines;  22042179         (11) 22042180         (11) 22042183         (11) 22042184         (11) Agricultural Products (6)CN code 96Live bovine animals : 01029005 01029021 01029029 01029041 01029049 01029051 01029059 01029061 01029069 01029071 01029079Meat of bovine animals, fresh or chilled : 02011000 02012020 02012030 02012050 02012090 02013000Meat of bovine animals, frozen : 02021000 02022010 02022030 02022050 02022090 02023010 02023050 02023090Edible offal of bovine animals, swine, sheep, goats 02061095 02062991 02062999Meat and edible meat offal, salted, in brine,  02102010 02102090 02109041 02109049 02109090Milk and cream, concentrated  04021011 04021019 04021091 04021099 04022111 04022117 04022119 04022191 04022199 04022911 04022915 04022919 04022991 04022999 CN code 96Buttermilk, curdled milk and cream, yogurt, kephir 04039011 04039013 04039019 04039031 04039033 04039039Whey, whether or not concentrated  04041002 04041004 04041006 04041012 04041014 04041016 04041026 04041028 04041032 04041034 04041036 04041038 04049021 04049023 04049029 04049081 04049083 04049089Butter and other fats and oils derived from milk; 04051011 04051030 04051050 04051090 04052090 04059010 04059090Cut flowers and flower buds  06031011 06031013 06031021 06031025 06031053Other vegetables, fresh or chilled : 07099060Vegetables (uncooked or cooked by steaming or boiling) 07104000Vegetables provisionally preserved  07119030Bananas, including plantains, fresh or dried : 08030019Citrus fruit, fresh or dried : 08051001        (12) 08051005        (12) 08051009        (12) 08051011        (12) 08051015        (2)CN code 96 08051019        (2) 08051021        (2) 08051025        (12) 08051029        (12) 08051031        (12) 08051033        (12) 08051035        (12) 08051037  (9)  (12) 08051038  (9)  (12) 08051039  (9)  (12) 08051042  (9)  (12) 08051044        (12) 08051046  (9)  (12) 08051051        (2) 08051055        (2) 08051059        (2) 08051061        (2) 08051065        (2) 08051069        (2) 08053020        (2) 08053030        (2) 08053040        (2)Grapes, fresh or dried : 08061040        (12)Apples, pears and quinces, fresh : 08081051        (12) 08081053        (12) 08081059        (12) 08081061        (12) 08081063        (12) 08081069        (12) 08081071        (12) 08081073        (12) 08081079        (12) 08081092        (12) 08081094        (12) 08081098        (12) 08082031        (12) 08082037        (12) 08082041        (12) 08082047        (12) 08082051        (12) 08082057        (12) 08082067        (12)Maize (corn) : 10051090 10059000Rice : 10061010 10061021 10061023 10061025 10061027 10061092 10061094 10061096 10061098 10062011 10062013 10062015CN code 96 10062017 10062092 10062094 10062096 10062098 10063021 10063023 10063025 10063027 10063042 10063044 10063046 10063048 10063061 10063063 10063065 10063067 10063092 10063094 10063096 10063098 10064000Grain sorghum : 10070010 10070090Cereal flours other than of wheat or meslin : 11022010 11022090 11023000Cereal groats, meal and pellets : 11031310 11031390 11031400 11032940 11032950Cereal grains otherwise worked  11041950 11041991 11042310 11042330 11042390 11042399 11043090Starches; inulin : 11081100 11081200 11081300 11081400 11081910 11081990 11082000Wheat gluten, whether or not dried. 11090000Other prepared or preserved meat, meat offal  16025010 16029061 CN code 96Cane or beet sugar and chemically pure sucrose,  17011110 17011190 17011210 17011290 17019100 17019910 17019990Other sugars, including chemically pure lactose,  17022010 17022090 17023010 17023051 17023059 17023091 17023099 17024010 17024090 17026010 17026090 17029030 17029050 17029060 17029071 17029075 17029079 17029080 17029099Vegetables, fruit, nuts and other edible parts  20019030Tomatoes prepared or preserved  20021010 20021090 20029011 20029019 20029031 20029039 20029091 20029099Other vegetables prepared or preserved  20049010Other vegetables prepared or preserved  20056000 20058000Jams, fruit jellies, marmalades, fruit or nut puree 20071010 20079110 20079130 20079910 20079920 20079931 20079933 20079935 20079939 20079951 20079955 20079958CN code 96Fruit, nuts and other edible parts of plants,  20083055 20083075 20089251 20089276 20089292 20089293 20089294 20089296 20089297Fruit juices (including grape must)  20094093 20096011       (12) 20096019       (12) 20096051       (12) 20096059       (12) 20096071       (12) 20096079       (12) 20096090       (12) 20098071 20099049 20099071Food preparations not elsewhere specified or included 21069030 21069055 21069059Wine of fresh grapes, including fortified wines;  22042194 22042962 22042964 22042965 22042983 22042984 22042994Vermouth and other wine of fresh grapes  22051010 22051090 22059010 22059090Undenatured ethyl alcohol  22071000 22072000Undenatured ethyl alcohol  22084010 22084090 22089091 22089099Bran, sharps and other residues,  23021010 23021090 23022010 23022090 CN code 96Residues of starch manufacture and similar residues 23031011Dextrins and other modified starches  35051010 35051090 35052010 35052030 35052050 35052090 Agricultural Products (7)CN code 96Cheese and curd : 04062010 04064010 04064050 04069002 04069003 04069004 04069005 04069006 04069007 04069008 04069009 04069012 04069014 04069016 04069018 04069019 04069023 04069025 04069027 04069029 04069031 04069033 04069035 04069037 04069039 04069061 04069063 04069073 04069075 04069076 04069079 04069081 04069082 04069084 04069085Wine of fresh grapes, including fortified wines;  22041011 22041091 22042111 22042112 22042113 22042117 22042118 22042119 22042122 22042124 22042126 22042127 22042128 22042132 22042134 22042136 22042137 22042138 22042142 22042143 22042144 22042146 22042147CN code 96 22042148 22042162 2204216622042167 22042168 22042169 22042171 22042174 22042176 22042177 22042178 22042187 22042188 22042189 22042191 22042192 22042193 22042195 22042196 22042197 22042912 22042913 22042917 22042918 22042942 22042943 22042944 22042946 22042947 22042948 22042971 22042972 22042981 22042982 22042987 22042988 22042989 22042991 22042992 22042993 22042995 22042996 22042997Undenatured ethyl alcohol  22082012 22082014 22082026 22082027 22082062 22082064 22082086 22082087 22083011 22083019 22083032 22083038 22083052 22083058 22083072 22083078 22089041 22089045 22089052 footnotesCNcode 96  (1) (16/5-15/9)  (2) (1/6-15/10)  (3) (1/1-31/5) Excluding Emperor variety  (4) Emperor variety or (1/6-31/12)  (5) (1/1-31/3)  (6) (1/10-31/12)  (7) (1/4-31/12)  (8) (1/1-30/9)  (9) (16/10-31/5) (10) (16/9-15/5) (11) Under the agreement on trade, development and co-operation between the European Community and the Republic of South Africa, the annual growth factor (agf) will be applied annually to the relevant basic quantities. (12) Under the agreement on trade, development and co-operation between the European Community and the Republic of South Africa, the full specific duty is payable if the respective Entry Price is not reached. ANNEX XIV to Protocol 1 Fishery products to which Article 6(3) shall temporarily not be applicableFish Products (1)CN code 96Live fish : 03011090 03019200 03019911Fish, fresh or chilled, excluding fish fillets  03021200 03023110 03023210 03023310 03023911 03023919 03026600 03026921Fish, frozen, excluding fish fillets  03031000 03032200 03034111 03034113 03034119 03034212 03034218 03034232 03034238 03034252 03034258 03034311 03034313 03034319 03034921 03034923 03034929 03034941 03034943 03034949 03037600 03037921 03037923 03037929Fish fillets and other fish meat  03041013 03042013Pasta, whether or not cooked or stuffed  19022010 Fish Products (2)CN code 96Live fish : 03019110 03019300 03019919Fish, fresh or chilled, excluding fish fillets  03021110 03021900 03022110 03022130 03022200 03026200 03026300 03026520 03026550 03026590 03026911 03026919 03026931 03026933 03026941 03026945 03026951 03026985 03026986 03026992 03026999 03027000Fish, frozen, excluding fish fillets  03032110 03032900 03033110 03033130 03033300 03033910 03037200 03037300 03037520 03037550 03037590 03037911 03037919 03037935 03037937 03037945 03037951 03037960 03037962 03037983 03037985 03037987 03037992 03037993 03037994 03037996 03038000 CN code 96Fish fillets and other fish meat  03041019 03041091 03042019 03042021 03042029 03042031 03042033 03042035 03042037 03042041 03042043 03042061 03042069 03042071 03042073 03042087 03042091 03049010 03049031 03049039 03049041 03049045 03049057 03049059 03049097Fish, dried, salted or in brine; smoked fish,  03054200 03055950 03055970 03056300 03056930 03056950 03056990Crustaceans, whether in shell or not, live, fresh, 03061110 03061190 03061210 03061290 03061310 03061390 03061410 03061430 03061490 03061910 03061990 03062100 03062210 03062291 03062299 03062310 03062390 03062410 03062430 03062490 03062910 03062990Molluscs, whether in shell or not, live, fresh,  03071090 03072100 03072910CN code 96 03072990 03073110 03073190 03073910 03073990 03074110 03074191 03074199 03074901 03074911 03074918 03074931 03074933 03074935 03074938 03074951 03074959 03074971 03074991 03074999 03075100 03075910 03075990 03079100 03079911 03079913 03079915 03079918 03079990Prepared or preserved fish; caviar and caviar substitutes 16041100 16041390 16041511 16041519 16041590 16041910 16041950 16041991 16041992 16041993 16041994 16041995 16041998 16042005 16042010 16042030 16043010 16043090Crustaceans, molluscs and other aquatic invertebra 16051000 16052010 16052091 16052099 16053000 16054000 16059011 16059019 16059030 16059090 Fish Products (3)CN code 96Live fish : 03019190Fish, fresh or chilled, excluding fish fillets  03021190Fish, frozen, excluding fish fillets  03032190Fish fillets and other fish meat  03041011 03042011 03042057 03042059 03049047 03049049Prepared or preserved fish; caviar and caviar substitutes 16041311 Fish Products (4)CN code 96Live fish : 03019990Fish, fresh or chilled, excluding fish fillets  03022190 03022300 03022910 03022990 03023190 03023290 03023390 03023991 03023999 03024005 03024098 03025010 03025090 03026110 03026130 03026190 03026198 03026405 03026498 03026925 03026935 03026955 03026961 03026975 03026987 03026991 03026993 03026994 03026995Fish, frozen, excluding fish fillets  03033190 03033200 03033920 03033930 03033980 03034190 03034290 03034390 03034990 03035005 03035098 03036011 03036019 03036090 03037110 03037130 03037190 03037198 03037410 03037420 03037490 03037700 03037931 03037941 03037955 03037965CN code 96 03037971 03037975 03037991 03037995Fish fillets and other fish meat  03041031  03041033 03041035 03041038 03041094 03041096 03041098 03042045 03042051 03042053 03042075 03042079 03042081 03042085 03042096 03049005 03049020 03049027 03049035 03049038 03049051 03049055 03049061 03049065Fish, dried, salted or in brine; smoked fish,  03051000  03052000 03053011 03053019 03053030 03053050 03053090 03054100 03054910 03054920 03054930 03054945 03054950 03054980 03055110 03055190 03055911 03055919 03055930 03055960 03055990 03056100 03056200 03056910 03056920Crustaceans, whether in shell or not, live, fresh, 03061330 03061930 03062331 03062339 03062930CN code 96Prepared or preserved fish; caviar and caviar substitutes 16041210 16041291 16041299 16041412 16041414 16041416 16041418 16041490 16041931 16041939 16042070 Fish Products (5)CN code 96Fish, fresh or chilled, excluding fish fillets  03026965 03026981Fish, frozen, excluding fish fillets  03037810 03037890 03037981Fish fillets and other fish meat  03042083Prepared or preserved fish; caviar and caviar substitutes 16041319 16041600 16042040 16042050 16042090 ANNEX XV to Protocol 1 Joint declaration on cumulationThe Contracting Parties agreed that, for the implementation of Article 6(11) of Protocol 1, the following definitions shall apply:developing country : any country listed as such by the Development Aid Committee of the OECD except the High Income Countries (HIC) and the countries with a GNP exceeding in 1992 100 billion dollars at current prices;the expression 'neighbouring developing country belonging to a coherent geographical entity' shall refer to the following list of countries :- Africa: Algeria, Egypt, Libya, Morocco, Tunisia;- Caribbean: Colombia, Costa Rica, Cuba, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Venezuela;- Pacific: Nauru. PROTOCOL 2 ON THE IMPLEMENTATION OF ARTICLE 91. The Contracting Parties agree that every endeavour should be made to avoid recourse being had to the safeguard measures provided for under Article 8.2. Both parties are guided by the conviction that the implementation of Article 9 (4) and (5) would enable them to recognize, at an early stage, problems which could arise and, taking account of all relevant factors, avoid as far as possible recourse to measures which the Community would prefer not to adopt vis-à-vis its preferential trading partners.3. Both parties acknowledge the need for implementation of the mechanism of advance information provided for under Article 9 (4), the objective of which is to limit, in the case of sensitive products, the risks of sudden or unforeseen recourse to safeguard measures.  These arrangements will permit the maintenance of a regular flow of trade information and the simultaneous implementation of regular consultation procedures.  Thus the two parties will be in a position to follow closely the trends in the sensitive sectors and detect problems which could arise.4. The following two procedures result from this :(a) The statistical surveillance mechanism Without prejudice to internal arrangements that the Community may apply to control its imports, Article 9 (4) provides for the institution of a mechanism intended to ensure statistical surveillance of certain ACP exports to the Community and thus facilitate the examination of occurrences such as to cause market disturbances. This mechanism, the sole objective of which is to facilitate the exchange of information between the parties, should apply only to products, which the Community considers, insofar as it is concerned, as sensitive. The implementation of this mechanism will be the subject of a joint agreement on the basis of data to be furnished by the Community and with the help of statistical information to be communicated by the ACP States to the Commission at the latter's request. For the effective implementation of this mechanism it is necessary that the ACP States concerned provide the Commission, as far as possible on a monthly basis, with statistics relating to their exports to the Community and to each of its Member States of products considered by the Community to be sensitive.(b)  A procedure for regular consultation The statistical surveillance mechanism mentioned above will enable the two parties betters to follow the trends in trade likely to cause concern. On the basis of this information and in accordance with Article 9 (5), the Community and the ACP States will have the possibility of holding periodic consultations in order to ensure that the objectives of that Article are fulfilled. These consultations will take place at the request of either party.5. If the conditions of application of safeguard measures as provided for in Article 8 are fulfilled, it would be the responsibility of the Community, in accordance with Article 9(1) relating to prior consultations concerning the application of safeguard measures, to enter immediately into consultations with the ACP States concerned by providing them with all the information necessary for those consultations, especially the necessary data from which to determine to what extent imports of a specific product from an ACP state or States have caused or threatened to cause serious injury to the Community's domestic producers of like or directly competitive products or serious disturbances in a sector of the economy of the Community or difficulties which could bring about serious deterioration in the economic situation of a region of the Community. 6. If no other arrangement has been concluded in the meanwhile  with the ACP state or States concerned, the competent authorities of the Community may, at the end of the twenty-one day period provided for in respect of those consultations, take the appropriate measures for the implementation of Article 8. These measures shall be communicated immediately to the ACP States and become immediately applicable.7. This procedure would apply without prejudice to measures, which could be taken in the event of special factors within the meaning of Article 9(3). In this case all relevant information will be supplied promptly to the ACP States. 8. In this case, the interests of the least developed, landlocked and island ACP States will receive particular attention, in accordance with Article 2 of the Agreement.PROTOCOL 3 CONTAINING THE TEXT OF PROTOCOL 3 ON ACP SUGARappearing in the ACP-EC Convention of Lomésigned on 28 February 1975 and the corresponding declarationsannexed to that ConventionPROTOCOL 3 on ACP sugarArticle 11. The Community undertakes for an indefinite period to purchase and import, at guaranteed prices, specific quantities of cane sugar, raw or white, which originate in the ACP States and which these States undertake to deliver to it.2. The safeguard clause in Article 10 of the Convention shall not apply. The implementation of this Protocol is carried out within the framework of the management of the common organization of the sugar market which, however, shall in no way prejudice the commitment of the Community under paragraph 1.Article 21. Without prejudice to Article 7, no change in this Protocol may enter into force until a period of five years has elapsed from the date on which the Convention enters into force. Thereafter, such changes as may be agreed upon will come into force at a time to be agreed.2. The conditions for implementing the guarantee referred to in Article 1 shall be re-examined before the end of the seventh year of their application.Article 31. Quantities of cane sugar referred to in Article 1, expressed in metric tons of white sugar, hereinafter referred to as 'agreed quantities`, for delivery in each 12-month period referred to in Article 4 (1), shall be as follows:Barbados 49 300Fiji 163 600Guyana 157 700Jamaica 118 300Kenya 5 000Madagascar 10 000Malawi 20 000Mauritius 487 200Swaziland 116 400 Tanzania 10 000Trinidad and Tobago 69 000Uganda 5 000People's Republic of Congo 10 0002. Subject to Article 7, these quantities may not be reduced without the consent of the individual States concerned.3. Nevertheless, in respect of the period up to 30 June 1975, the agreed quantities, expressed in metric tons of white sugar, shall be as follows:Barbados 29 600Fiji 25 600Guyana 29 600Jamaica 83 800Madagascar 2 000Mauritius 65 300Swaziland 19 700Trinidad and Tobago 54 200Article 41. In each 12-month period from 1 July to 30 June inclusive, hereinafter referred to as the 'delivery period`, the sugar-exporting ACP States undertake to deliver the quantities referred to in Article 3 (1), subject to any adjustments resulting from the application of Article 7. A similar undertaking shall apply equally to the quantities referred to in Article 3 (3) in respect of the period up to 30 June 1975, which shall also be regarded as a delivery period.2. The quantities to be delivered up to 30 June 1975, referred to in Article 3 (3), shall include supply en route from port of shipment or, in the case of landlocked States, across frontiers.3. Deliveries of ACP cane sugar in the period up to 30 June 1975 shall benefit from the guaranteed prices applicable in the delivery period beginning 1 July 1975. Identical arrangements may be made for subsequent delivery periods.Article 51. White or raw sugar shall be marketed on the Community market at prices freely negotiated between buyers and sellers.2. The Community shall not intervene if and when a Member State allows selling prices within its borders to exceed the Community's threshold price.3.  The Community undertakes to purchase, at the guaranteed price, quantities of white or raw sugar, within agreed quantities, which cannot be marketed in the Community at a price equivalent to or in excess of the guaranteed price.4. The guaranteed price, expressed in units of account, shall refer to unpacked sugar, cif European ports of the Community, and shall be fixed in respect of standard quality sugar. It shall be negotiated annually, within the price range obtaining in the Community, taking into account all relevant economic factors, and shall be decided at the latest by 1 May immediately preceding the delivery period to which it will apply.Article 6Purchase at the guaranteed price, referred to in Article 5 (3), shall be assured through the medium of the intervention agencies or of other agents appointed by the Community.Article 71. If, during any delivery period, a sugar-exporting ACP State fails to deliver its agreed quantity in full for reasons of force majeure the Commission shall, at the request of the State concerned, allow the necessary additional period for delivery.2. If a sugar-exporting ACP State informs the Commission during the course of a delivery period that it will be unable to deliver its agreed quantity in full and that it does not wish to have the additional period referred to in paragraph 1, the shortfall shall be reallocated by the Commission for delivery during the delivery period in question. Such reallocation shall be made by the Commission after consultation with the States concerned.3. If, during any delivery period, a sugar-exporting ACP State fails to deliver its agreed quantity in full for reasons other than force majeure, that quantity shall be reduced in respect of each subsequent delivery period by the undelivered quantity.4. It may be decided by the Commission that, in respect of subsequent delivery periods, the undelivered quantity shall be reallocated between the other States, which are referred to in Article 3. Such reallocation shall be made in consultation with the States concerned.Article 81. At the request of one or more of the States supplying sugar under the terms of this Protocol, or of the Community, consultations relating to all measures necessary for the application of this Protocol shall take place within an appropriate institutional framework to be adopted by the Contracting Parties. For this purpose the institutions established by the Convention may be used during the period of application of the Convention.2. In the event of the Convention ceasing to be operative, the sugar-supplying States referred to in paragraph 1 and the Community shall adopt the appropriate institutional provisions to ensure the continued application of the provisions of this Protocol.3. The periodical reviews provided for under this Protocol shall take place within the agreed institutional framework.Article 9Special types of sugar traditionally delivered to Member States by certain sugar-exporting ACP States shall be included in, and treated on the same basis as, the quantities referred to in Article 3.Article 10The provisions of this Protocol shall remain in force after the date specified in Article 91 of the Convention. After that date the Protocol may be denounced by the Community with respect to each ACP State and by each ACP State with respect to the Community, subject to two years' notice. ANNEX to Protocol 3 Declarations on Protocol 31. Joint declaration concerning possible requests for participation in the provisions of Protocol 3. Any request from an ACP State Contracting Party to the Convention not specifically referred to in Protocol 3 to participate in the provisions of that Protocol shall be examined    [11].[11]  Annex XIII to the Final Act of the ACP - EEC Convention.2. Declaration by the Community concerning sugar originating in Belize, St-Kitts-Nevis-Anguilla and Suriname(a) The Community undertakes to adopt the necessary measures to ensure the same treatment as provided for in Protocol 3, for the following quantities of cane sugar, raw or white, originating in:Belize  39 400 tonsSt-Kitts-Nevis-Anguilla 14 800 tonsSuriname  4 000 tons(b) Nevertheless, in respect of the period up to 30 June 1975, the quantities shall be as follows:Belize 14 800 tons St-Kitts-Nevis-Anguilla  7 900 tons  [12] [12]  Annex XXI to the Final Act of the ACP - EEC Convention3. Declaration by the Community on Article 10 of Protocol 3.The Community declares that Article 10 of Protocol 3 providing for the possibility of denunciation in that Protocol, under the conditions set out in that Article, is for the purposes of juridical security and does not represent for the Community any qualification or limitation of the principles enunciated in Article 1 of that Protocol    [13].[13]  Annex XXII to the Final Act of the ACP - EEC Convention ANNEX to Protocol 3 EXCHANGE OF LETTERS BETWEEN THE DOMINICAN REPUBLIC AND THE COMMUNITY CONCERNING THE PROTOCOL ON ACP SUGARLetter No 1, from the Government of the Dominican RepublicSir, I have the honour to confirm that the Dominican Republic wishes neither now nor in the future, to accede to the Protocol on ACP sugar annexed to the ACP-EEC Convention. The Dominican Republic accordingly undertakes not to apply to accede to the said Protocol. It will write a letter to this effect to the ACP Group of States. I should be obliged if you would acknowledge receipt of this letter. Please accept, Sir, the assurance of my highest consideration.Letter No 2, from the President of the Council of the European CommunitiesSir, I have the honour to acknowledge receipt of your letter of today's date which reads as follows: 'I have the honour to confirm that the Dominican Republic wishes neither now nor in the future, to accede to the Protocol on ACP sugar annexed to the ACP-EEC Convention. The Dominican Republic accordingly undertakes not to apply to accede to the said Protocol. It will write a letter to this effect to the ACP Group of States.`The Community confirms its agreement on the content of that letter.Please accept, Sir, the assurance of my highest consideration. ANNEX to Protocol 3AGREEMENTIn the form of an exchange of letters between the European Economic Community and Barbados, Belize, the People's Republic of the Congo, Fiji, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Democratic Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of Surinam, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda, the Republic of Zimbabwe and Saint Christopher and Nevis on the accession of the last-mentioned country to Protocol 7 on ACP sugar annexed to the Second ACP-EEC ConventionLetter No 1Brussels,Sir, The representatives of the ACP States referred to in Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention and of the Commission on behalf of the European Economic Community, have agreed on the following:- Saint Christopher and Nevis is hereby included in Article 3 (1) of the said Protocol with an agreed quantity of 14 800 tonnes with effect from the day on which it accedes to the Second ACP-EEC ConventionUp to this date, the provisions of Annex IV to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community shall remain applicable.I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the above-mentioned ACP States and the CommunityPlease accept, Sir, the assurance of my highest consideration.For the Council of the European Communities Letter No 2Sir, I have the honour to acknowledge receipt of your letter of today's date which reads as follows:"The representatives of the ACP Sates referred to in Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention and of the Commission on behalf of the European Economic community, have agreed on the following:- Saint Christopher and Nevis is hereby included in Article 3 (1) of the said Protocol with an agreed quantity of 14 800 tonnes with effect from the day on which it accedes to the Second ACP-EEC Convention.Up to this date, the provisions of Annex IV to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community shall remain applicable.I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the Community."I have the honour to confirm that the Governments of the ACP States referred to in your letter are in agreement with the contents thereof.Please accept, Sir, the assurance of my highest consideration.For the Governments ANNEX to Protocol 3AGREEMENTIn the form of an exchange of letters between the European Economic Community and Barbados, the People's Republic of the Congo, Fiji, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Democratic Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of Surinam, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda and the Republic of Zimbabwe on the Accession of the latter country to Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention.Letter No 1Sir..., The representatives of the ACP States referred to in Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention, of the Republic of Zimbabwe and of the Commission, on behalf of the European Economic Community, have agreed on the following.The Republic of Zimbabwe is hereby included in Article 3(1) of the said Protocol with an agreed quantity of 25 000 tonnes with effect from 1 July 1982, and in respect of the period up to 30 June 1982 with an agreed quantity of 6 000 tonnes.I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Government of the abovementioned ACP States and the Community.Please accept, Sir, the assurance of my highest consideration.On behalf of the Council of he European Communities Letter No 2Sir..., I have the honour to acknowledge receipt of your letter of today's date which reads as follows:"The representatives of the ACP States referred to in Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention of the Republic of Zimbabwe and of the Commission, on behalf of the European Economic Community, have agreed on the following.The Republic of Zimbabwe is hereby included in Article 3 (1) of the said Protocol with an agreed quantity of 25 000 tonnes with effect from 1 July 1982, and in respect of the period up to 30 June 1982 with an agreed quantity of 6 000 tonnes.I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the Community."I have the honour to confirm the agreement of the Governments of the ACP States referred o in this letter with the foregoing.Please accept, Sir, the assurance of my highest consideration.For the Governments ANNEX to Protocol 3AGREEMENTIn the form of an exchange of letters between the European Economic Community and Barbados, Belize, the People's Republic of the Congo, Fiji, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Democratic Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of Surinam, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda, the Republic of Zimbabwe and the Republic of the Ivory Coast on the Accession of the last-mentioned country to Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention.Letter No 1Sir, The African, Caribbean and Pacific Group of States referred to in Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention, the Republic of the Ivory Coast and the European Economic Community have agreed on the following.The Republic of the Ivory Coast is hereby included in Article 3 (1) of the said Protocol with effect from 1 July 1983 with an immediate agreed quantity of 2 000 tonnes (white value).I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the Community.Please accept, Sir, the assurance of my highest consideration.On behalf of the Council of the European Communities Letter No 2Sir, I have the honour to acknowledge receipt of your letter of today's date which reads as follows:"The African, Caribbean and Pacific Group of States referred to in Protocol 7 on ACP sugar annexed to the Second ACP-EEC Convention, the Republic of the Ivory Coast and the European Economic Community have agreed on the following.The Republic of the Ivory Coast is hereby included in Article 3 (1) of the said Protocol with effect from 1 July 1983 with an immediate agreed quantity of 2 000 tonnes (white value).I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the Community."I have the honour to confirm the agreement of the Governments of the ACP States referred to in your letter with the contents thereof.Please accept, Sir, the assurance of my highest consideration.For the Governments ANNEX to protocol 3AGREEMENTIn the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the accession of the Republic of Zambia to Protocol No 8 on ACP Sugar annexed to the Fourth ACP-EEC Convention.A. Letter No 1Brussels,.....Sir The African, Caribbean and Pacific (ACP) States referred to in Protocol No 8 on ACP Sugar annexed to the Fourth ACP-EEC Convention, the Republic of Zambia and the European Community have agreed on the following.The Republic of Zambia is hereby included in Article 3 (1) of the said Protocol with effect from 1 January 1995 with an agreed quantity of 0 tonnes.I should be obliged if you would acknowledge receipt of this letter confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the European Community.Please accept, Sir, the assurance of my highest consideration.On behalf of the Council of the European UnionB. Letter No 2Brussels,.....Sir,I have the honour to acknowledge receipt of your letter of today which reads as follows:"The African, Caribbean and Pacific (ACP) States referred to in Protocol No 8 on ACP Sugar annexed to the Fourth ACP-EEC Convention, the Republic of Zambia and the European Community have agreed on the following.The Republic of Zambia is hereby included in Article 3 (1) of the said Protocol with effect from 1 January 1995 with an agreed quantity of 0 tonnes.I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute and Agreement between the Governments of the abovementioned ACP States and the European Community."I have the honour to confirm the agreement of the Governments of the ACP States referred to in your letter with the contents thereof.Please accept, Sir, the assurance of my highest consideration.For the Governments of the ACP States referred to in Protocol No8 and of the Republic of Zambia PROTOCOL 4 ON BEEF AND VEALThe Community and the ACP States agree to take the special measures set out below to enable ACP States which are traditional exporters of beef and veal to maintain their position on the Community market, thus guaranteeing a certain level of income for their producers.Article 1Within the limits referred to in Article 2, customs duties other than ad valorem duties applicable to beef and veal originating in the ACP States shall be reduced by 92 %.Article 2Without prejudice to Article 4, the reduction in customs duties provided for in Article 1 shall apply to the following quantities expressed in boneless meat per calendar year and per country:Botswana:   18916 tonsKenya:    142 tonsMadagascar:   7 579 tonsSwaziland:  3 363 tonsZimbabwe:   9 100 tonsNamibia:  13000 tonsArticle 3In the event of an actual or foreseeable recession in these exports due to disasters such as drought, cyclones or animal diseases, the Community is willing to consider appropriate measures to ensure that quantities affected for these reasons in any year can be delivered in the following year.Article 4If, in the course of a given year, one of the ACP States referred to in Article 2 is not in a position to supply the total quantity fixed and does not wish to benefit from the measures referred to in Article 3, the Commission may share out the amount to be made up among the other ACP States concerned. In such a case, the ACP States concerned shall put forward a proposal to the Commission, not later than 1 September of that year, naming the ACP State or States which will be in a position to supply the new additional quantity, at the same time indicating to it the ACP State which is not in a position to supply the full amount allocated to it, on the understanding that this new temporary allocation will not affect the initial quantities.The Commission shall ensure that a decision is taken by 15 November at the latest.Article 5This Protocol shall be implemented in accordance with the common market organization in the beef and veal sector, which, however, shall not affect the obligations entered into by the Community under this Protocol.Article 6Should the safeguard clause in Article 8(1) of the Annex be applied in the beef and veal sector, the Community will take the necessary measures to maintain the volume of exports from the ACP States to the Community at a level compatible with its obligations under this Protocol. PROTOCOL 5 THE SECOND BANANA PROTOCOLArticle 1The Parties recognise the overwhelming economic importance to the ACP banana suppliers of their exports to the Community market. The Community agrees to examine and where necessary take measures aimed at ensuring the continued viability of their banana export industries and the continuing outlet for their bananas on the Community market.Article 2Each of the ACP States concerned and the Community shall confer in order to determine the measures to be implemented so as to improve the conditions for the production and marketing of bananas. This aim shall be pursued through all the means available under the arrangements of the Convention for financial,, technical, agricultural, industrial and regional co-operation. The measures in question shall be designed to enable the ACP States, particularly Somalia, account being taken of their individual circumstance, to become more competitive. Measures will be implemented at all stages from production to consumption and will cover the following fields in particular.- Improvement of conditions of production and enhancement of quality through action in the areas of research, harvesting, packaging and handling- Transport and storage- Marketing and trade promotionArticle 3For the purposes of attaining these objectives, the two parties hereby agree to confer in a permanent joint group, assisted by a group of experts, whose task shall be to keep under continuous review any specific problems brought to its attention.Article 4Should the banana-producing ACP States decide to set up a joint organisation for the purpose of attaining the objectives, the Community shall support such an organisation and shall give consideration to any requests it may receive for support for the organisation's activities which fall within the scope of regional schemes under the heading of development finance co-operation. ANNEX VI :  LIST OF LDLICSThe following lists comprise ACP least-developed, landlocked and Island States:Least-developed ACP StatesArticle 1Under this Agreement, the following countries shall be considered least-developed ACP States:Angola      MozambiqueBenin      NigerBurkina Faso     RwandaBurundi      SamoaRepublic of Cape Verde    SâoTome and PrincipeCentral African Republic    Sierra LeoneChad      Solomon IslandsComoro Islands     SomaliaDemocratic Republic of Congo   SudanDjibouti      TanzaniaEthiopia      TuvaluEritrea      TogoGambia      UgandaGuinea      VanuatuGuinea (Bissau)     ZambiaGuinea (Equatorial)HaïtiKiribatiLesothoLiberiaMalawiMaliMauritaniaMadagascar Landlocked ACP StatesArticle 2Specific measures and provisions have been made to support landlocked ACP States in their efforts to overcome the geographical difficulties and the other obstacles hampering their development so as to enable them to speed up their respective rates of growth.Article 3The landlocked ACP States are:Botswana    MaliBurkina Faso    NigerBurundi     RwandaCentral African Republic   SwazilandChad     UgandaEthiopia     ZambiaLesotho     ZimbabweMalawiIsland ACP StatesArticle 4Specific measures and provisions have been made to support island ACP States in their efforts to overcome the natural and geographical difficulties and the other obstacles hampering their development so as to enable them to speed up their respective rates of growth.Article 5List of island ACP States:Antigua and Barbuda   Papua New GuineaBahamas    Saint Kitts and NevisBarbados    Saint LuciaCape Verde    Saint Vincent and the GrenadinesComoros    SamoaDominica    Sào Tome and PrincipeDominican Republic   SeychellesFiji     Solomon IslandsGrenada     TongaHaiti     Trinidad and TobagoJamaica     TuvaluKiribati     VanuatuMadagascarMauritius PROTOCOLSPROTOCOL 1 ON THE OPERATING EXPENDITURE OF THE JOINT INSTITUTIONS1. The Member States and the Community on the one hand, and the ACP States on the other, shall be responsible for such expenditure as they shall incur by reason of their participation in the meetings of the Council of Ministers and its dependent bodies, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenses.Expenditure in connection with interpreting at meetings, translation and reproduction of documents, and the practical arrangements for meetings (such as premises, equipment and messengers) of the joint institutions of the present Agreement shall be borne by the Community or by one of the ACP States, according to whether the meetings take place in the territory of a Member State or in that of an ACP State.2. The arbitrators appointed in accordance with Article 98 of the Agreement shall be entitled to a refund of their travel and subsistence expenditure. The latter shall be determined by the Council of Ministers.One-half of travel and subsistence expenditure incurred by the arbitrators shall be borne by the Community and the other half by the ACP States. Expenditure relating to any registry set up by the arbitrators, to preparatory inquiries into disputes, and to the organisation of hearings (such as premises, personnel and interpreting) shall be borne by the Community. Expenditure relating to special inquiries shall be settled together with the other costs and the Parties shall deposit advances as determined by an order of the arbitrators.3. The ACP States shall set up a Fund, which will be managed by their General Secretariat, for the purpose of contributing to the financing of the expenses incurred by ACP participants at meetings of the Joint Parliamentary Assembly and the Council of Ministers.The ACP States shall contribute to this Fund.  With the aim of encouraging the active participation of all ACP States in the dialogue conducted within the ACP-EU institutions, the Community shall make a contribution to this Fund as provided for in the Financial Protocol (EUR 4 million according to the first financial protocol).To be eligible for the Fund expenses must comply with the following conditions as well as those laid down in paragraph 1:- They must be incurred by parliamentarians or, in their absence, other such ACP representatives travelling from the country they represent in order to take part in sessions of the Joint Parliamentary Assembly, meetings of working parties or missions under their aegis, or as a result of the participation of these same representatives and representatives of ACP civil society and economic and social operators in consultation meetings held under Articles 15 and 17 of this Agreement.- Decisions on the nature, organisation, frequency and location of meetings, missions and working groups must be taken in accordance with the rules of procedure of the Council of Ministers and the Joint Parliamentary Assembly.4. Consultation meetings and meetings of ACP-EU economic and social operators shall be organised by the Economic and Social Committee of the European Union. In this specific instance, the Community's contribution to cover the participation of ACP economic and social operators shall be paid directly to the Economic and Social Committee.The ACP Secretariat, the Council of Ministers and the Joint Parliamentary Assembly may, in agreement with the Commission, delegate the organisation of consultation meetings of ACP civil society to representative organisations approved by the parties.PROTOCOL 2 ON PRIVILEGES AND IMMUNITIESTHE CONTRACTING PARTIESDesiring, by the conclusion of a Protocol on privileges and immunities, to facilitate the smooth functioning of the Agreement, the preparation of its work and implementation of the measures adopted for its application;Whereas it is therefore necessary to specify the privileges and immunities which may be claimed by persons participating in work relating to the application of the Agreement and to the arrangements applicable to official communications connected with such work, without prejudices to the provisions of the Protocol on the privileges and immunities of the European Communities, signed in Brussels on 8 April 1965;Whereas it is also necessary to lay down the treatment to be accorded to the property, funds and assets of the Council of ACP Ministers, and its staff;Whereas the Georgetown Agreement of 6 June 1975 constituted the ACP Group of States and instituted a Council of ACP Ministers, and a Committee of Ambassadors; whereas the organs of the ACP Group of States are to be serviced by the Secretariat of the ACP States;HAVE AGREED upon the following provisions, which shall be annexed to the Agreement :Chapter 1 Persons taking part in the work of the AgreementArticle 1The representatives of the Governments  of the Member States and of the ACP States and the Representatives of the Institutions of the European Communities, as also their advisers and experts and the members of the staff of the Secretariat of the ACP States taking part, in the territory of the Member States or of the ACP States, in the work either of the institutions of the Agreement or of the co-ordinating bodies, or in work connected with the application of the Agreement, shall enjoy the customary privileges, immunities and facilities while carrying out their duties  and while travelling to or from the place at which they are required to carry out such duties.The preceding paragraph shall also apply to members of the Joint Assembly of the Agreement, to the arbitrators who may be appointed under the Agreement, to members of the consultative bodies of the economic and social sectors which may be set up, to the officials and employees of these institutions, and also to the members of the agencies of the European Investment Bank and its staff, and to the staff of the Centre for the Development of Industry and the Technical Centre for Agricultural and Rural Cooperation.Chapter 2 Property, funds and assets of the Council of ACP MinistersArticle 2The premises and buildings occupied by the Council of ACP Ministers for official purposes shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation. Except when required for the purposes of investigating an accident caused by a motor vehicle belonging to the said Council or being used on its account, or in the event of an infringement of road traffic regulations or of an accident caused by such a vehicle, the property and assets of the Council of ACP Ministers shall not be the subject of any administrative or legal measures of constraints without the authorisation of the Council of Ministers set up under the Agreement.Article 3The archives of the Council of ACP Ministers shall be inviolable. Article 4The Council of ACP Ministers, its assets, income and other property shall be exempt from all direct taxes.The host State shall, wherever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of movable or immovable property, where the Council of ACP Ministers makes, strictly for its official use, substantial purchases, the price of which includes taxes of this kind.No exemption shall be granted in respect of taxes, charges, duties or fees which represent charges for services rendered.Article 5The Council of ACP Ministers shall be exempt from all customs duties, prohibitions and restrictions on imports in respect of articles intended for its official use; articles so imported may not be sold or otherwise disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the Government or that country.Chapter 3 Official communicationsArticle 6For their official communications and the transmission of all their documents, the European Community, the institutions of the Agreement and the co-ordinating bodies shall enjoy in the territory of the States party to the Agreement the treatment accorded to international organisations.Official correspondence and other official communications of the European Community, the joint institutions of the Agreement and the co-ordinating bodies shall not be subject to censorship.Chapter 4 Staff of the Secretariat of the ACP StatesArticle 71. The Secretary or Secretaries and Deputy Secretary or Deputy Secretaries of the Council of  ACP Ministers and the other permanent members of the staff of senior rank as designated by the ACP States, of the Council of ACP Ministers shall enjoy, in the State in which the Council of ACP Ministers is established, under the responsibility of the Chairman-in-Office of the Committee of ACP Ambassadors, the advantages accorded to the diplomatic staff of diplomatic missions. Their spouses and their children under age living in their household shall be entitled, under the same conditions, to the advantages accorded to the spouses and children under age of such diplomatic staff.2. Permanent ACP staff members not referred to in paragraph 1 shall be exempted by their host country from any taxes on salaries, emoluments or allowances paid to them by the ACP States from the day on which such income becomes subject to tax levied for the benefit of the ACP States.The above provision shall not apply either to pensions paid the ACP Secretariat to its former staff members or their dependants, or to salaries, emoluments or allowances paid to its local staff.Article 8The State in which the Council of ACP Ministers is established shall grant immunity from legal proceedings to permanent members of the staff of the Secretariat of the ACP States, apart from those referred to in paragraph 1 of Article 7, only in respect of acts done by them in the performance of their official duties. Such immunity shall not, however, apply to infringements of road traffic regulations by a permanent member of the staff of the Secretariat of the ACP States or to damage caused by a motor vehicle belonging to, or driven by, him or her.Article 9The names, positions and addresses of the Chairman-in-Office of the Committee of ACP Ambassadors, the Secretary or Secretaries and Deputy Secretary or Deputy Secretaries of the Council of ACP Ministers and of the permanent members of the staff of the Secretariat of the ACP States shall be communicated periodically by the President of the Council of ACP Ministers to the Government of the State in whose territory the Council of ACP Ministers is established.Chapter 5 Commission Delegations in the ACP StatesArticle 101. The Commission Head of Delegation and staff appointed to the Delegation, the Delegations, to the exception of locally recruited staff, shall be exempted from any direct taxes in the ACP State where they are in post.2. Article 31.2(g), Annex IV, chapter 4 shall also apply to the staff referred to in paragraph 1.Chapter 6 General provisionsArticle 11The privileges, immunities and facilities provided for in this Protocol shall be accorded to those concerned solely in the interests of the proper execution of their official duties. Each institution or body referred to in this Protocol shall be required to waive immunity wherever its consider that the waiver of such immunity is not contrary to its own interests.Article 12Article 98 of the Agreement shall apply to disputes relating to this Protocol. The Council of ACP Ministers and the European Investment Bank may be party to proceedings during an arbitration procedure.PROTOCOL 3 ON SOUTH AFRICAArticle 1  Qualified status1. The participation of South Africa in this Agreement is subject to the qualifications set out in this Protocol.2. The provisions of the bilateral Trade and Development Co-operation Agreement between the European Community, its Member States and South Africa signed in Pretoria on 11 October 1999, hereinafter referred as the "TDCA", shall take precedence over the provisions of this Agreement.Article 2  General provisions, political dialogue and joint institutions1. The general, institutional and final provisions of this Agreement shall apply to South Africa. 2. South Africa shall be fully associated in the overall political dialogue and participate in the joint institutions and bodies set out under this Agreement. However, in respect of decisions to be taken in relation to provisions that do not apply to South Africa under this Protocol, South Africa shall not take part in the decision-making process. Article 3 Co-operation strategiesTh The provisions on co-operation strategies of this Agreement shall apply to co-operation between the EC and South Africa.Article 4  Financial Resources1. The provisions of  this Agreement on development finance co-operation shall not apply to South Africa. 2. However, in derogation from this principle, South Africa shall have the right to participate in the areas of ACP-EC development finance co-operation listed in Article 8 below, on the understanding that South Africa's participation will be fully financed from the resources foreseen under Title VII of the TDCA. Where resources from the TDCA are deployed for participation in operations in the framework of ACP- EC financial co-operation, South Africa will enjoy the right to fully participate in the decision-making procedures governing implementation of such aid. 3. South African natural or legal persons shall be eligible for award of contracts financed from the financial resources foreseen under this Agreement. In this respect, South African natural or legal persons shall, however, not enjoy the preferences accorded to natural and legal persons from ACP States. Article 5  Trade co-operation1. The provisions of this Agreement on economic and trade co-operation shall not apply to South Africa. 2. Nonetheless, South Africa shall be associated as an observer in the dialogue between the Contracting Parties pursuant to Articles 34 - 40 of this Agreement. Article 6  Applicability of protocols and declarationsThe protocols and declarations annexed to this Agreement that relate to parts of the Agreement that are not applicable to South Africa, shall not apply to South Africa. All other declarations and protocols shall apply. Article 7  Revision ClauseThis protocol may be revised by decision of the Council of Ministers. Article 8  ApplicabilityWithout prejudice to the previous articles, the table hereunder sets out those Articles of the Agreement and its Annexes which shall apply to South Africa and which shall not apply. >TABLE>VOLUME IIIPARTNERSHIP AGREEMENT BETWEEN THE AFRICAN CARIBBEAN AND PACIFIC STATES AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATESFINAL ACTPARTNERSHIP AGREEMENT BETWEEN THE AFRICAN CARIBBEAN AND PACIFIC STATES AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATESFINAL ACTThe 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 Hellenic Republic,His Majesty the King of Spain,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,The Federal President of the Republic of Austria,The President of the Portuguese RepublicThe 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 establishing the European Coal and Steel Community and the Treaty establishing the European Community, hereinafter referred to as 'the Community', the States of the Community being hereinafter referred to as 'Member States',and of the Council of the European Union and the Commission of the European Communities,of the one part, andThe 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 the People's Front, Head of State, Head of the Government 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 Republic of Chad,The President of the Islamic Federal Republic of the Comoros,The President of the Democratic Republic of Congo,The President of the People's Republic of Congo,The President of the Republic of Côte d'Ivoire,The President of the Republic of Djibouti,The Government of the Commonwealth of Domenica,The President of the Domenican Republic,The President of the Republic of Eritrea,The President of the Republic of Equatorial Guinea,The President of the People's Democratic Republic of Ethiopia,The President of the Republic of Fiji,The President of the Gabonese Republic,The President of the Republic of Gambia,The Head of State and Chairman of the Provisional National Defence Council of the Republic of Ghana,Her Majesty the Queen of Grenada,The President of the Republic of Guinea,The President of the Council of State of Guinea-Bissau,The President of the Cooperative 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 Democratic Republic of Madagascar,The President of the Republic of Malawi,The President of the Republic of Mali,The President of the Islamic Republic of Mauritania,The President of the Republic of  Mauritius,The President of the People's Republic of Mozambique,The President of the Republic of Namibia,The President of the Republic of Niger,The President of the  Federal Republic of Nigeria,Her Majesty the Queen of Papua New Guinea,The President of the Rwandese Republic,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 President of the Democratic Republic of São Tomé and Principe,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 the Solomon Islands,The president of the Somali Democratic Republic,The president of the Republic of South Africa,The President of the Republic of  Sudan,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 theTogolese Republic,His Majesty King Taufa'Ahau Tupou IV 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 Vanuatu,The Head of State of Western Samoa,The President of the Republic of Zambia,The President of the Republic of Zimbabwe,whose States are hereinafter referred to as 'ACP States',of the other part,meeting at Suva this ........ in the year two thousand for the signature of the ACP-EC Partnership Agreement have adopted the following texts : The ACP-EC Partnership Agreement, and the following Annexes and Protocols : Annex I   Financial ProtocolAnnex II   Terms and Conditions of FinancingAnnex III  Institutional Support - CDE and CTAAnnex IV   Implementation and management proceduresAnnex V Trade regime applicable during the preparatory period referred to in article 37 (1)Annex VI  List of LDLICsProtocol 1  on operating expenditure of the joint institutionsProtocol 2  on privileges and immunitiesProtocol 3  on South AfricaThe plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the ACP States have adopted the texts of the declarations listed below annexed to this Final Act : Declaration I  Joint declaration on the actors of the Partnership (Article 6)Declaration II Declaration of the Commission and the Council of the European Union on the clause concerning the return and readmission of illegal immigrants (Article 13(5))Declaration III Joint declaration on participation in the Joint Parliamentary Assembly (Article 17(1))Declaration IV Community declaration on the financing of the ACP SecretariatDeclaration V Community declaration on the financing of the joint institutionsDeclaration VI Community declaration relating to Protocol on privileges and immunitiesDeclaration VII Declaration by the Member States relating to Protocol on privileges and immunitiesDeclaration VIII Joint declaration relating to Protocol on privilege and immunitiesDeclaration IX Joint declaration on Article 49(2) on trade and environmentDeclaration X ACP declaration on trade and environmentDeclaration XI Joint declaration on ACP cultural heritageDeclaration XII Declaration by the ACP States on return or restitution of cultural propertyDeclaration XIII Joint declaration on copyrightDeclaration XIV Joint declaration on regional co-operation and the outermost regions (Article 28)Declaration XV Joint declaration on accessionDeclaration XVI Joint declaration on accession of the countries and territories referred to in Part Four of the Treaty on the European UnionDeclaration XVII Joint declaration on article 66 (debt relief) of the AgreementDeclaration XVIII EU declaration on Financial ProtocolDeclaration XIX Declaration by the Council and the Commission on the Programming ProcessDeclaration XX Joint declaration on impact of Export Revenue Fluctuations on Vulnerable Small, Island and Landlocked ACP StatesDeclaration XXI Community declaration on Annex IV, Article 3Declaration XXII Joint declaration concerning agricultural products referred to in article 1(2)(a) of Annex VDeclaration XXIII Joint declaration on market access in the EC-ACP PartnershipDeclaration XXIV Joint declaration on riceDeclaration XXV Joint declaration on rumDeclaration XXVI Joint declaration on beef and vealDeclaration 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 VDeclaration XXVIII Joint declaration on co-operation between ACP States and the neighbouring overseas countries and territories and French overseas departments Declaration XXIX Joint declaration on products covered by the common agricultural policyDeclaration 23.05.2000 ACP declaration on Article 1 of Annex VDeclaration 23.05.2000I Community declaration on Article 5(2)(a) of Annex VDeclaration 23.05.2000II Joint declaration on non-discriminationDeclaration 23.05.2000III Community declaration on Article 8(3) of Annex VDeclaration 23.05.2000IV Joint declaration on Article 12 of Annex VDeclaration 23.05.2000V Joint declaration relating to Protocol 1 on Article 7 of Annex VDeclaration 23.05.2000VI Joint declaration relating to Protocol 1 of Annex VDeclaration 23.05.2000VII Joint declaration relating to Protocol 1 of Annex V on the origin of fishery productsDeclaration 23.05.2000VIII Community declaration relating to Protocol 1 of Annex V on the extent of territorial watersDeclaration 23.05.2000IX ACP declaration relating to Protocol 1 of Annex V on the origin of fishery productsDeclaration XL Joint declaration on the application of the value tolerance rule in the tuna sectorDeclaration XLI Joint declaration on Article 6(11) of Protocol 1 of Annex VDeclaration XLII Joint declaration on rules of origin : cumulation with South AfricaDeclaration XLIII Joint declaration on Annex 2 to Protocol 1 of Annex V DECLARATION I Joint Declaration on the actors of the partnership (Article 6)The parties agree that the definition of civil society may differ significantly according to the socio-economic and cultural conditions of each ACP country. However, they believe that this definition may include inter alia the following organisations: human rights groups and agencies, grassroots organisations, women's associations, youth organisations, child-protection organisations, environmental movements, farmers' organisations, consumers' associations, religious organisations, development support structures (NGOs, teaching and research establishments) ,cultural associations and the media.DECLARATION II Declaration of the Commission and the Council of the European Union on the clause concerning the return and readmission of illegal immigrants (Article 13(5))Article 13(5) shall be without prejudice to the internal division of powers between the Community and its Member States for the conclusion of readmission agreements.DECLARATION III Joint declaration on participation in the Joint Parliamentary Assembly (Article 17(1))The contracting Parties reaffirm the role of the Joint Parliamentary Assembly in promoting and defending democratic processes through dialogue between members of parliament, and agree that the participation of representatives who are not members of a parliament, as set out in Article 17, shall be allowed only in exceptional circumstances. Such participation shall be subject to the approval of the Joint Parliamentary Assembly before each session.DECLARATION IV Community declaration on the financing of the ACP SecretariatThe Community shall contribute to the cost of running the ACP Secretariat from intra-ACP co-operation resources. DECLARATION V Community declaration on the financing of the joint institutionsThe Community, being aware that expenditure in connection with interpreting at meetings and the translation of documents is expenditure incurred essentially for its own requirements, is prepared to continue past practice and meet this expenditure both for meetings of the institutions of the Agreement which take place in the territory of a Member State and those which take place in the territory of an ACP State.DECLARATION VI Community declaration relating to Protocol on privileges and immunitiesProtocol on privileges and immunities is a multilateral act from the point of view of international law. However, any specific problems that may arise in the host State regarding the application of this Protocol should be settled by bilateral agreement with that State.The Community has noted the ACP States' requests that certain provisions of Protocol 2 be modified, notably as regards the status of the staff of the ACP Secretariat, the Centre for the Development of Enterprise (CDE) and the Technical Centre for Agricultural and Rural Co-operation (CTA).The Community is willing to seek jointly appropriate solutions in respect of the ACP States' requests with a view to establishing a separate legal instrument as referred to above.In this context, the host country will, without derogating from the present benefits enjoyed by the ACP Secretariat, the CDE, the CTA and their staff:(1) Show understanding as regards the interpretation of the expression 'staff of senior rank', such an interpretation to be arrived at by mutual agreement;(2) Recognise the powers delegated by the President of the Council of ACP Ministers to the Chairman of the ACP-EC Committee of Ambassadors, in order to simplify implementation of Article 9 of the Protocol;(3) Agree to grant certain facilities to the staff of the ACP Secretariat, the CDE and the CTA to facilitate initial installation in the host country;(4) Examine in an appropriate way tax-related questions concerning the ACP Secretariat, the CDE and the CTA and their staff.DECLARATION VII Declaration by the Member States relating to Protocol on privileges and immunitiesThe Member States shall strive, in the context of their respective regulations, to facilitate throughout their respective territories, the movement in pursuit of their official duties of ACP diplomats accredited to the Community, members of the ACP Secretariat referred to in Article 7 of Protocol 2, whose names and positions shall be communicated in accordance with Article 9 of that Protocol, and the ACP executives of the CDE and the CTA. DECLARATION VIII Joint declaration relating to Protocol on privileges and immunities Within the context of their respective regulations, the ACP States shall grant Commission Delegations privileges and immunities similar to those granted to diplomatic missions so that they are able to carry out the functions incumbent on them under the Agreement in a satisfactory and effective manner.DECLARATION IX Joint declaration on Article 49 (2) on trade and environmentKeenly aware of the specific risks attaching to radioactive waste, the Contracting Parties will refrain from any practice of discharging such waste which would encroach upon the sovereignty of States or threaten the environment or public health in other countries. They attach the greatest importance to developing international co-operation to protect the environment and public health against such risks. They accordingly affirm their determination to play an active part in the work being done in the IAEA to produce an internationally approved code of good practice.Directive 92/3/Euratom defines the term 'radioactive waste' as any material, which contains or is contaminated by radio-nuclides and for which no use is foreseen. The Directive is applicable to shipments of radioactive waste between Member States and into and out of the Community whenever the quantities and concentration exceed the levels laid down in Article 3 (2) (a) and (b) of the Council Directive 96/29/Euratom of the 13 May 1996. The defined levels ensure basic safety standards for the protection of health of workers and the general public against the dangers arising from ionising radiation.Shipments of radioactive waste are subject to a system of prior authorisation as defined in Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between member States and into and out of the Community. Article 11 (1) b of the Directive stipulates that the competent authorities of Member States shall not authorise shipments of radioactive waste to a State party to the Fourth ACP-EEC Convention which is not a member of the Community, taking account, however, of Article 14. The Community ensures that Article 11 of Directive 92/3/Euratom will be revised to cover all Parties of the present Agreement which are not members of the Community. Until then, the Community will act, as if the above-mentioned parties would already be covered.The Contracting Parties shall make every effort to sign and ratify as quickly as possible the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as well as the 1995 amendment to the Convention, as laid down in Decision III/1.DECLARATION X ACP declaration on trade and environment The ACP States are seriously concerned about environmental problems in general and the transboundary movement of hazardous, nuclear and other radioactive wastes in particular.In interpreting and implementing the provisions of Article 32 1(d) of the Agreement, the ACP States have expressed their determination to be guided by the principles and the provisions of the OAU Resolution on the Control of Transboundary Movements of Hazardous Wastes and their Disposal in Africa as contained in Doc. AHG 182 (XXV).DECLARATION XI Joint declaration on ACP cultural heritage1. The Contracting Parties express their common will to promote the preservation and enhancement of the cultural heritage of each ACP country, at the international, bilateral and private level and in the context of the present Agreement.2. The Contracting Parties acknowledge the need to facilitate the access of ACP historians and researchers to archives with a view to promoting the development of exchange of information on the cultural heritage of ACP States.3. They acknowledge the usefulness of providing assistance for the appropriate activities conducted especially in the area of training, for the preservation, protection and exhibition of cultural properties, monuments and objects, including the promulgation and implementation of appropriate legislation.4. They underpin the importance of undertaking common cultural activities, facilitating the mobility of ACP and European artists, as well as the exchanges of cultural objects which are symbolic of their cultures and civilisations with a view to enhancing mutual understanding and solidarity between their respective populations.DECLARATION XII Declaration by the ACP States on return or restitution of cultural propertyThe ACP States urge the Community and its Member States, insofar as they acknowledge the legitimate right of the ACP States to cultural identity, to promote the return or restitution of cultural property taken from ACP States and now found in Member States.DECLARATION XIII Joint declaration on copyrightThe Contracting Parties acknowledge that promotion of copyright protection is an integral part of cultural co-operation, the aim of which is to enhance all forms of human expression. Furthermore, such protection is a prerequisite for nurturing and developing production, dissemination and publishing activities. Consequently, the two Parties shall, in the context of ACP-CE cultural co-operation, seek to promote and foster respect for copyright and related rights.In this context, and in accordance with the rules and procedures laid down by the Agreement, the Community may offer financial and technical support for disseminating copyright information, training economic operators in the protection of such rights and drafting national legislation for their better protection.DECLARATION XIV Joint declaration on regional co-operation and the outermost regions (Article 28)The reference to the outermost regions concerns the Spanish autonomous community of the Canary Islands, the four French overseas departments, namely Guadeloupe, Guyana, Martinique and Réunion, and the Portuguese autonomous regions of the Azores and Madeira. DECLARATION XV Joint Declaration on accessionAny accession of a third State to this Agreement shall be made in compliance with the provisions of Article 1 and the objectives of Article 2 laid down by the ACP Group in the Georgetown Agreement as amended in November 1992.DECLARATION XVI Joint Declaration on accession of the countries and territories referred to in Part Four of the Treaty on the European UnionThe Community and the ACP States are prepared to allow the countries and territories referred to in Part Four of the Treaty which have become independent to accede to this Agreement, if they wish to continue their relations with the Community in this form.DECLARATION XVII Joint declaration on article 66 (debt relief) of the AgreementThe Parties agree on the following principles : (a) In the longer-term, the Parties will seek an improvement of the Heavily Indebted Poor Countries initiative and promote a deepening, broadening and speeding up debt relief to ACP Countries;(b) The Parties will also seek the mobilisation and establishment of support mechanisms for debt reduction in favour of ACP countries who are not yet eligible for the HIPC initiative.DECLARATION XVIII EU declaration on Financial ProtocolWithin the overall amount of EUR 13 500 million of the 9th EDF, EUR 12 500 million shall be made available immediately upon the entry into force of the Financial Protocol. The remaining EUR 1 000 million shall be released on the basis of the performance review referred to in paragraphe 7 of the Financial Protocol that shall be undertaken in 2004.In evaluating the need for new resources, full account shall be taken of this performance review as well as of a date beyond which the funds of the 9th EDF will not be committed.DECLARATION XIX Declaration by the Council and the Commission on the Programming ProcessThe Community and its Member States reaffirm their attachment to the agreement on a reform of the programming process for implementation of assistance financed from the 9th EDF. In this context, the Community and its Member States regard a properly implemented review mechanism as the most important tool for successful programming. The review process that has been agreed for governing the implementation of EDF 9 will ensure continuity in the programming process while allowing for regular adjustments of the Country Support Strategy to reflect developments in needs and performance of the ACP State concerned. In order to reap the full benefits of the reform and ensure the efficiency of the programming process, the Community and its Member States reaffirm the political commitment to the following principles:The reviews must as far as possible be carried out in the ACP State concerned. Localising the reviews shall not imply that the Member States or the Commission Headquarters shall be prevented from following and being involved in the programming process as appropriate. The time frames that have been set for completion of the reviews shall be respected.The reviews must not be an isolated event in the programming process. The reviews shall  be regarded a s management tools, which synthesise the results of the regular (monthly) dialogue between the National Authorising Officer and the Commission's Head of Delegation.The reviews must not increase the administrative burden of either of the parties concerned. The procedures and reporting requirements surrounding the programming process must therefore be managed in a disciplined manner. To this end, the respective roles of the Member States and the Commission in the decision making process will be reviewed and adapted.DECLARATION XX Joint Declaration on impact of Export Revenue Fluctuations on Vulnerable Small, Island and Landlocked ACP StatesThe Parties note the concern of ACP States that the modalities of the mechanism for additional support to countries suffering from fluctuation of export revenues may not provide sufficient support to vulnerable small, Island and landlocked States subject to volatile export revenues.From the second year of operation of the mechanism, and on request of one or more ACP States who have met with difficulties, the Parties agree to re-examine the modalities of the mechanism on the basis of a proposal from the Commission, with a view, where necessary, to remedy the effects of such fluctuations.DECLARATION XXI Community declaration on Annex IV, Article 3The notification of the indicative amount referred to in Annex IV, Article 3 will not apply to the ACP States with whom the Community has suspended its co-operation.DECLARATION XXII Joint Declaration concerning agricultural products referred to in Article 1(2)(a) of Annex VThe Contracting Parties have taken note that the Community intends to take the measures mentioned in the Annex, and which are laid down at the date of signing of the Agreement, with a view to granting ACP States the preferential treatment provided for in Article 1(2)(a), for certain agricultural and processed products.They have taken note that the Community declares that it will take all the measures required to ensure that the corresponding agricultural regulations are adopted in good time and that, wherever possible, they come into force at the same time as the interim arrangements which will be introduced after the signing of the successor Agreement to the fourth ACP-EC Convention signed in Lomé on 15 December 1989.01 LIVE ANIMALS 0101 LIVE HORSES, ASSES, MULES AND HINNIES 0101 exemption 0102 LIVE BOVINE ANIMALS 01029005 reduction 100% ad valorem customs duties 01029021 reduction 100% ad valorem customs duties 01029029 reduction 100% ad valorem customs duties 01029041 reduction 100% ad valorem customs duties 01029049 reduction 100% ad valorem customs duties 01029051 reduction 100% ad valorem customs duties 01029059 reduction 100% ad valorem customs duties 01029061 reduction 100% ad valorem customs duties 01029069 reduction 100% ad valorem customs duties 01029071 reduction 100% ad valorem customs duties 01029079 reduction 100% ad valorem customs duties 0103 LIVE SWINE 01039110 reduction 16% 01039211 reduction 16% 01039219 reduction 16% 0104 LIVE SHEEP AND GOATS 01041030 reduction 100% customs duties within the limit of the quota (ctg1) 01041080 reduction 100% customs duties within the limit of the quota (ctg1) 01042010 exemption 01042090 reduction 100% customs duties within the limit of the quota (ctg1) 0105 LIVE POULTRY, FOWLS OF THE SPECIES GALLUS DOMESTICUS, DUCKS, GEESE, TURKEYS AND GUINEA FOWLS 0105 reduction 16% 0106 LIVE ANIMALS (EXCL, HORSES, ASSES, MULES, HINNIES, BOVINE ANIMALS, SWINE, SHEEP, GOATS, POULTRY, FISH, CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES, AND MICROORGANIC CULTURES ETC,) 0106 exemption02 MEAT AND EDIBLE MEAT OFFAL 0201 MEAT OF BOVINE ANIMALS, FRESH OR CHILLED 0201 reduction 100% ad valorem customs duties  (1) 0202 MEAT OF BOVINE ANIMALS, FROZEN 0202 reduction 100% ad valorem customs duties (1) 0203 MEAT OF SWINE, FRESH, CHILLED OR FROZEN 02031110 within the limit of the quota (ctg7)  reduction 50% 02031190 exemption 02031211 within the limit of the quota (ctg7)  reduction 50% 02031219 within the limit of the quota (ctg7)  reduction 50% 02031290 exemption 02031911 within the limit of the quota (ctg7)  reduction 50% 02031913 within the limit of the quota (ctg7)  reduction 50% 02031915 within the limit of the quota (ctg7)  reduction 50%ex 02031955 within the limit of the quota (ctg7)  reduction 50% (à l'exception des filets mignons présentés seuls) 02031959 within the limit of the quota (ctg7)  reduction 50% 02031990 exemption 02032110 within the limit of the quota (ctg7)  reduction 50% 02032190 exemption 02032211 within the limit of the quota (ctg7)  reduction 50% 02032219 within the limit of the quota (ctg7)  reduction 50% 02032290 exemption 02032911 within the limit of the quota (ctg7)  reduction 50% 02032913 within the limit of the quota (ctg7)  reduction 50% 02032915 within the limit of the quota (ctg7)  reduction 50%ex 02032955 within the limit of the quota (ctg7)  reduction 50% (à l'exception des filets mignons présentés seuls) 02032959 within the limit of the quota (ctg7)  reduction 50% 02032990 exemption 0204 MEAT OF SHEEP OR GOATS, FRESH, CHILLED OR FROZEN 0204  reduction 100% ad valorem customs duties;   domestic sheep: within the limit of the quota (quota2)  reduction 65% specific duties;    other species: within the limit of the quota (quota1)  reduction 100% specific duties 0205 MEAT OF HORSES, ASSES, MULES OR HINNIES, FRESH, CHILLED OR FROZEN 0205 exemption 0206 EDIBLE OFFAL OF BOVINE ANIMALS, SWINE, SHEEP, GOATS, HORSES, ASSES, MULES OR HINNIES, FRESH, CHILLED OR FROZEN 02061091 exemption 02061095 reduction 100% ad valorem customs duties  (1) 02061099 exemption 020621 exemption 020622 exemption 02062991 reduction 100% ad valorem customs duties  (1) 02062999 exemption 02063021 within the limit of the quota (ctg7)  reduction 50% 02063031 within the limit of the quota (ctg7)  reduction 50% 02063090 exemption 02064191 within the limit of the quota (ctg7)  reduction 50% 02064199 exemption 02064991 within the limit of the quota (ctg7)  reduction 50% 02064999 exemption 020680 exemption 020690 exemption 0207 MEAT AND EDIBLE OFFAL OF FOWLS OF THE SPECIES GALLUS DOMESTICUS, DUCKS, GEESE, TURKEYS AND GUINEA FOWLS,  FRESH, CHILLED OR FROZEN 0207 within the limit of the quota (ctg3)  reduction 65% 0208 MEAT AND EDIBLE OFFAL OF RABBITS, HARES, PIGEONS AND OTHER ANIMALS N,E,S,, FRESH, CHILLED OR FROZEN 0208 exemption0209 PIG FAT, FREE OF LEAN MEAT AND POULTRY FAT NOT RENDERED, FRESH, CHILLED, FROZEN, SALTED, IN BRINE, DRIED OR  SMOKED 02090011 within the limit of the quota (ctg7)  reduction 50% 02090019 within the limit of the quota (ctg7)  reduction 50% 02090030 within the limit of the quota (ctg7)  reduction 50% 02090090 reduction 16% 0210 MEAT AND EDIBLE OFFAL, SALTED, IN BRINE, DRIED OR SMOKED; EDIBLE FLOURS AND MEALS OF MEAT OR MEAT OFFAL 02101111 within the limit of the quota (ctg7)  reduction 50% 02101119 within the limit of the quota (ctg7)  reduction 50% 02101131 within the limit of the quota (ctg7)  reduction 50% 02101139 within the limit of the quota (ctg7)  reduction 50% 02101190 exemption 02101211 within the limit of the quota (ctg7)  reduction 50% 02101219 within the limit of the quota (ctg7)  reduction 50% 02101290 exemption 02101910 within the limit of the quota (ctg7)  reduction 50% 02101920 within the limit of the quota (ctg7)  reduction 50% 02101930 within the limit of the quota (ctg7)  reduction 50% 02101940 within the limit of the quota (ctg7)  reduction 50% 02101951 within the limit of the quota (ctg7)  reduction 50% 02101959 within the limit of the quota (ctg7)  reduction 50% 02101960 within the limit of the quota (ctg7)  reduction 50% 02101970 within the limit of the quota (ctg7)  reduction 50% 02101981 within the limit of the quota (ctg7)  reduction 50% 02101989 within the limit of the quota (ctg7)  reduction 50% 02101990 exemption 021020 reduction 100% ad valorem customs duties 02109010 exemption 02109011 reduction 100% ad valorem customs duties;   domestic sheep: within the limit of the quota (quota2)  reduction 65% specific duties;   other species: within the limit of the quota (quota1)  reduction 100% specific duties 02109019 reduction 100% ad valorem customs duties;   domestic sheep: within the limit of the quota (quota2)  reduction 65% specific duties;   other species: within the limit of the quota (quota1)  reduction 100% specific duties 02109021 exemption 02109029 exemption 02109031 within the limit of the quota (ctg7)  reduction 50% 02109039 within the limit of the quota (ctg7)  reduction 50% 02109041 reduction 100% ad valorem customs duties 02109049 exemption 02109060 exemption 02109071 reduction 16% 02109079 reduction 16% 02109080 exemption 02109090 reduction 100% ad valorem customs duties03 FISH AND CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES 03 exemption04 DAIRY PRODUCE; BIRDS' EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED 0401 MILK AND CREAM, NOT CONCENTRATED NOR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER 0401 reduction 16% 0402 MILK AND CREAM, CONCENTRATED OR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER 0402 within the limit of the quota (ctg5)  reduction 65% 0403 BUTTERMILK, CURDLED MILK AND CREAM, YOGURT, KEPHIR AND OTHER FERMENTED OR ACIDIFIED MILK AND CREAM, WHETHER OR NOT CONCENTRATED OR FLAVOURED OR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER,  FRUITS, NUTS OR COCOA 04031011 reduction 16% 04031013 reduction 16% 04031019 reduction 16% 04031031 reduction 16% 04031033 reduction 16% 04031039 reduction 16% 04031051 reduction 100% ad valorem customs duties 04031053 reduction 100% ad valorem customs duties 04031059 reduction 100% ad valorem customs duties 04031091 reduction 100% ad valorem customs duties 04031093 reduction 100% ad valorem customs duties 04031099 reduction 100% ad valorem customs duties 04039011 reduction 16% 04039013 reduction 16% 04039019 reduction 16% 04039031 reduction 16% 04039033 reduction 16% 04039039 reduction 16% 04039051 reduction 16% 04039053 reduction 16% 04039059 reduction 16% 04039061 reduction 16% 04039063 reduction 16% 04039069 reduction 16% 04039071 reduction 100% ad valorem customs duties 04039073 reduction 100% ad valorem customs duties 04039079 reduction 100% ad valorem customs duties 04039091 reduction 100% ad valorem customs duties 04039093 reduction 100% ad valorem customs duties 04039099 reduction 100% ad valorem customs duties 0404 WHEY, WHETHER OR NOT CONCENTRATED OR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER; PRODUCTS CONSISTING OF NATURAL MILK CONSTITUENTS, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER, N,E,S, 0404 reduction 16% 0405 BUTTER AND OTHER FATS AND OILS DERIVED FROM MILK 0405 reduction 16%Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States 0406 CHEESE AND CURD 0406 within the limit of the quota (ctg6)  reduction 65%0407 BIRDS' EGGS, IN SHELL, FRESH, PRESERVED OR COOKED 04070011 reduction 16% 04070019 reduction 16% 04070030 reduction 16% 04070090 exemption 0408 BIRDS' EGGS, NOT IN SHELL, AND EGG YOLKS, FRESH, DRIED, COOKED BY STEAMING OR BY BOILING IN WATER, MOULDED, FROZEN OR OTHERWISE PRESERVED, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER 04081180 reduction 16% 04081981 reduction 16% 04081989 reduction 16% 04089180 reduction 16% 04089980 reduction 16% 0409 NATURAL HONEY 0409 exemption 0410 TURTLES' EGGS, BIRDS' NESTS AND OTHER EDIBLE PRODUCTS OF ANIMAL ORIGIN N,E,S, 0410 exemption05 PRODUCTS OF ANIMAL ORIGIN NOT ELSEWHERE SPECIFIED OR INCLUDED 05 exemption06 LIVE TREES AND OTHER PLANTS; BULBS, ROOTS AND THE LIKE; CUT FLOWERS AND ORNAMENTAL FOLIAGE06 exemption07 EDIBLE VEGETABLES AND CERTAIN ROOTS AND TUBERS 0701 POTATOES, FRESH OR CHILLED 0701 exemption 0702 TOMATOES, FRESH OR CHILLED 0702 tomatoes other than cherry tomatoes 15/11-30/4: reduction 60% ad valorem customs duties within the limit of the quota (quota13a) ;  cherry tomatoes 15/11-30/4: reduction 100% ad valorem customs duties within the limit of the quota (quota13b) 0703 ONIONS, SHALLOTS, GARLIC, LEEKS AND OTHER ALLIACEOUS VEGETABLES, FRESH OR CHILLED 07031019 reduction 15%  du 16/5-31/1 , exemption   1/2-15/5 07031090 reduction 16% 070320 reduction 15%  du 1/6-31/1 , exemption   1/2-31/5 070390 reduction 16% 0704 CABBAGES, CAULIFLOWERS, KOHLRABI, KALE AND SIMILAR EDIBLE BRASSICAS, FRESH OR CHILLED 070410 reduction 16% 070420 reduction 16% 07049010 reduction 16% 07049090 Chinese cabbage: reduction 15% 1/1-30/10 , exemption 1/11-31/12 ; other cabbages: reduction 16% 0705 LETTUCE 'LACTUCA SATIVA' AND CHICORY 'CICHORIUM SPP,', FRESH OR CHILLED 070511 Iceberg salad: reduction 15%  1/11-30/6 ,  exemption  1/7-31/10; other salads: reduction 16% 070519 reduction 16% 070521 reduction 16% 070529 reduction 16% 0706 CARROTS, TURNIPS, SALAD BEETROOT, SALSIFY, CELERIAC, RADISHES AND SIMILAR EDIBLE ROOTS, FRESH OR CHILLED 070610 carrots: reduction 15%  1/4-31/12,  exemption  1/1-31/3;  turnips: reduction 16% 07069005 reduction 16% 07069011 reduction 16% 07069017 reduction 16% 07069030 exemptionex 07069090 salad beetroot and radishes (raphanus sativus): exemption 0707 CUCUMBERS AND GHERKINS, FRESH OR CHILLEDex 07070005 small winter cucumbers  1/11-15/5: reduction 100% ad valorem customs duties;  winter cucumbers other than small cucumbers: reduction 16% ad valorem customs duties 07070090 reduction 16% 0708 LEGUMINOUS VEGETABLES, SHELLED OR UNSHELLED, FRESH OR CHILLED 0708 exemption 0709 OTHER VEGETABLES, FRESH OR CHILLED (EXCL, POTATOES, TOMATOES, ALLIACEOUS VEGETABLES, EDIBLE BRASSICAS, LETTUCE 'LACTUCA SATIVA' AND CHICORY 'CICHORIUM SPP,', CARROTS, TURNIPS, SALAD BEETROOT, SALSIFY, CELERIAC, RADISHES AN 070910 reduction 15% du 1/1-30/9 , reduction 100% ad valorem customs duties 1/10-31/12 070920 reduction 15% du 1/2-14/8 , reduction 40% du 16/1-31/1 , exemption du 15/8-15/1 070930 exemption 070940 exemption 07095110 reduction 16% 07095130 reduction 16% 07095150 reduction 16% 07095190 exemption 070952 reduction 16% 070960 exemption 070970 reduction 16% 07099010 reduction 16% 07099020 reduction 16% 07099040 reduction 16% 07099050 reduction 16% 07099060 reduction 1,81 EUR/t 07099070 reduction 100% ad valorem customs duties 07099090 exemption 0710 VEGETABLES, UNCOOKED OR COOKED BY STEAMING OR BOILING IN WATER, FROZEN 071010 exemption 071021 exemption 071022 exemption 071029 exemption 071030 exemption 071040 reduction 100% ad valorem customs duties 07108051 exemption  07108059 exemption 07108061 exemption 07108069 exemption 07108070 exemption 07108080 exemption 07108085 exemption 07108095 exemption 071090 exemption 0711 VEGETABLES PROVISIONALLY PRESERVED, E,G, BY SULPHUR DIOXIDE GAS, IN BRINE, IN SULPHUR WATER OR IN OTHER PRESERVATIVE SOLUTIONS, BUT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION 071110 exemption 071130 exemption 071140 exemption 07119010 exemption 07119030 reduction 100% ad valorem customs duties 07119040 exemption 07119060 exemption 07119070 exemption 07119090 exemption 0712 DRIED VEGETABLES, WHOLE, CUT, SLICED, BROKEN OR IN POWDER, BUT NOT FURTHER PREPARED 071220 exemption 071230 exemption 07129005 exemption 07129019 reduction 1,81 EUR/t 07129030 exemption 07129050 exemptionex 07129090 exemption except olives 0713 DRIED LEGUMINOUS VEGETABLES, SHELLED, WHETHER OR NOT SKINNED OR SPLIT 0713 exemption 0714 MANIOC, ARROWROOT, SALEP, JERUSALEM ARTICHOKES, SWEET POTATOES AND SIMILAR ROOTS AND TUBERS WITH HIGH STARCH OR INULIN CONTENT, FRESH OR DRIED, WHETHER OR NOT SLICED OR IN THE FORM OF PELLETS; SAGO PITH 07141010 reduction 8,38 EUR/t 07141091 exemption 07141099 reduction 6,19 EUR/t 071420 exemption 07149011 exemption 07149019 reduction 6,19 EUR/t ;  arrow-root : exemption 07149090 exemption08 EDIBLE FRUIT AND NUTS; PEEL OF CITRUS FRUITS OR MELONS 0801 COCONUTS, BRAZIL NUTS AND CASHEW NUTS, FRESH OR DRIED, WHETHER OR NOT SHELLED OR PEELED 0801 exemption0802 OTHER NUTS, FRESH OR DRIED, WHETHER OR NOT SHELLED OR PEELED (EXCL, COCONUTS, BRAZIL NUTS AND CASHEW NUTS) 08021190 reduction 16% 08021290 reduction 16% 080221 reduction 16% 080222 reduction 16% 080231 exemption 080232 exemption 080240 reduction 16% 080250 exemption 080290 exemption 0803 BANANAS, INCL, PLANTAINS, FRESH OR DRIED 08030011 exemption 08030019 The Community import regime for bananas is presently under review.  The Parties agree to provide appropriate preferential access for ACP bananas in the context of the Community's future banana regime. 08030090 exemption 0804 DATES, FIGS, PINEAPPLES, AVOCADOS, GUAVAS, MANGOES AND MANGOSTEENS, FRESH OR DRIED 080410 exemption 08042010 exemption du 1/11-30/4 within the limit of the ceiling (ceiling 3) 08042090 exemption 080430 exemption 080440 exemption 080450 exemption 0805 CITRUS FRUIT, FRESH OR DRIED 080510 reduction 80% ad valorem customs duties; within the framework of the reference quantity (rq 1)  15/5-30/9 reduction 100% ad valorem customs duties (4) 080520 reduction 80% ad valorem customs duties; within the framework of the reference quantity (rq 2)  15/5-30/9 reduction 100% ad valorem customs duties (4) 08053090 exemption 080540 exemption 080590 exemption 0806 GRAPES, FRESH OR DRIEDex 08061010 seedless table grapes:within the limit of the quota (quota14)   1/12-31/1 exemption; within the framework of the reference                        quantity (rq3) 1/2-31/3 exemption (4) du 1/2-31/3 exemption (4) 080620 exemption 0807 MELONS, INCL, WATERMELONS, AND PAPAWS 'PAPAYAS', FRESH 0807 exemption 0808 APPLES, PEARS AND QUINCES, FRESH 080810 within the limit of the quota (ctg15)  reduction 50% ad valorem customs duties 08082010 within the limit of the quota (ctg16)  reduction 65% ad valorem customs duties 08082050 within the limit of the quota (ctg16)  reduction 65% ad valorem customs duties 08082090 reduction 16%0809 APRICOTS, CHERRIES, PEACHES INCL, NECTARINES, PLUMS AND SLOES, FRESH 080910 du 1/5-31/8 reduction 15% ad valorem customs duties, 1/9-30/4 exemption 08092005 du 1/11-31/3  : exemption 080930 du 1/4-30/11 reduction 15% ad valorem customs duties, 1/12-31/3  exemption 08094005 du 1/4-14/12 reduction 15% ad valorem customs duties,  15/12-31/3  exemption 08094090 exemption 0810 STRAWBERRIES, RASPBERRIES, BLACKBERRIES, BLACK, WHITE OR RED CURRANTS, GOOSEBERRIES AND OTHER EDIBLE FRUIT N,E,S,, FRESH 08101005 within the limit of the quota (ctg17) du 1/11-29/2 exemption 08101080 within the limit of the quota (ctg17) du 1/11-29/2 exemption 081020 reduction 16% 081030 reduction 16% 08104030 exemption 08104050 duty = 3% 08104090 duty= 5% 081090 exemption 0811 FRUIT AND NUTS, UNCOOKED OR COOKED BY STEAMING OR BOILING IN WATER, FROZEN, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER 08111011 reduction 100% ad valorem customs duties 08111019 exemption 08111090 exemption 08112011 reduction 100% ad valorem customs duties 08112019 exemption 08112031 exemption 08112039 exemption 08112051 exemption 08112059 exemption 08112090 exemption 08119011 reduction 100% ad valorem customs duties 08119019 reduction 100% ad valorem customs duties 08119031 exemption 08119039 exemption 08119050 exemption 08119070 exemption 08119075 exemption 08119080 exemption 08119085 exemption 08119095 exemption 0812 FRUIT AND NUTS, PROVISIONALLY PRESERVED, E,G, BY SULPHUR DIOXIDE GAS, IN BRINE, IN SULPHUR WATER OR IN OTHER PRESERVATIVE SOLUTIONS, BUT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION 081210 exemption 081220 exemption 08129010 exemption 08129020 exemption 08129030 exemption 08129040 exemption 08129050 exemption 08129060 exemption 08129070 exemption 08129095 exemption0813 APRICOTS, PRUNES, APPLES, PEACHES, PEARS, PAWPAWS, TAMARINDS AND OTHER DRIED FRUIT N,E,S,; MIXTURES OF EDIBLE  NUTS OR DRIED FRUITS 0813 exemption0814 PEEL OF CITRUS FRUIT OR MELONS, INCL, WATERMELONS, FRESH, FROZEN, DRIED OR PROVISIONALLY PRESERVED IN BRINE,  OR IN WATER WITH OTHER ADDITIVES 0814 exemption09 COFFEE, TEA, MATE AND SPICES 09 exemption10 CEREALS 1001 WHEAT AND MESLIN 100110 within the limit of the quota (ctg10)  reduction 50% 10019010 exemption 10019091 within the limit of the quota (ctg10)  reduction 50% 10019099 within the limit of the quota (ctg10)  reduction 50% 1002 RYE 1002 within the limit of the quota (ctg10)  reduction 50% 1003 BARLEY 1003 within the limit of the quota (ctg10)  reduction 50% 1004 OATS 1004 within the limit of the quota (ctg10)  reduction 50% 1005 MAIZE OR CORN 10051090 reduction 1,81 EUR/t 100590 reduction 1,81 EUR/t 1006 RICE 10061010 exemption 10061021 within the limit of the quota (ctg11)  reduction 65% et 4,34 EUR/t (2) 10061023 within the limit of the quota (ctg11)  reduction 65% et 4,34 EUR /t (2) 10061025 within the limit of the quota (ctg11)  reduction 65% et 4,34 EUR /t (2) 10061027 within the limit of the quota (ctg11)  reduction 65% et 4,34 EUR/t (2) 10061092 within the limit of the quota (ctg11)  reduction 65% et 4,34 EUR/t (2) 10061094 within the limit of the quota (ctg11)  reduction 65% et 4,34 EUR/t (2) 10061096 within the limit of the quota (ctg11)  reduction 65% et 4,34 EUR/t (2) 10061098 within the limit of the quota (ctg11)  reduction 65% et 4,34 EUR/t (2) 100620 within the limit of the quota (ctg11)  reduction 65% et 4,34 EUR/t    (2) 100630 within the limit of the quota (ctg11)  reduction de 16,78 EUR/t, then reduced by 65% and 6,52 EUR/t  (2) 100640 within the limit of the quota (ctg12)  reduction 65% et 3,62 EUR/t (2)1007 GRAIN SORGHUM 1007 reduction 60% within the limit of the ceiling (ceiling3)  (3) 1008 BUCKWHEAT, MILLET, CANARY SEED AND OTHER CEREALS (EXCL, WHEAT AND MESLIN, RYE, BARLEY, OATS, MAIZE, RICE AND GRAIN SORGHUM) 100810 within the limit of the quota (ctg10)  reduction 50% 100820 reduction 100% within the limit o the ceiling (ceiling2)  (3) 100890 within the limit of the quota (ctg10)  reduction 50%11 PRODUCTS OF THE MILLING INDUSTRY; MALT; STARCHES; INULIN; WHEAT GLUTEN 1101 WHEAT OR MESLIN FLOUR 1101 reduction 16% 1102 CEREAL FLOURS (EXCL, WHEAT OR MESLIN) 110210 reduction 16% 11022010 reduction 7,3 EUR/t 11022090 reduction 3,6 EUR/t 110230 reduction 3,6 EUR/t 11029010 reduction 7,3 EUR/t 11029030 reduction 7,3 EUR/t 11029090 reduction 3,6 EUR/t 1103 CEREAL GROATS, MEAL AND PELLETS 110311 reduction 16% 110312 reduction 7,3 EUR/t 11031310 reduction 7,3 EUR/t 11031390 reduction 3,6 EUR/t 110314 reduction 3,6 EUR/t 11031910 reduction 7,3 EUR/t 11031930 reduction 7,3 EUR/t 11031990 reduction 3,6 EUR/t 110321 reduction 7,3 EUR/t 11032910 reduction 7,3 EUR/t 11032920 reduction 7,3 EUR/t 11032930 reduction 7,3 EUR/t 11032940 reduction 7,3 EUR/t 11032950 reduction 3,6 EUR/t 11032990 reduction 3,6 EUR/t 1104 CEREAL GRAINS OTHERWISE WORKED, E,G, HULLED, ROLLED, FLAKED, PEARLED, SLICED OR KEBBLED; GERM OF CEREALS, WHOLE, ROLLED, FLAKED OR GROUND (EXCL, CEREAL FLOURS, AND HUSKED AND SEMI- OR WHOLLY MILLED RICE AND BROKEN RICE) 11041110 reduction 3,6 EUR/t 11041190 reduction 7,3 EUR/t 11041210 reduction 3,6 EUR/t 11041290 reduction 7,3 EUR/t 110419 reduction 7,3 EUR/t 11042110 reduction 3,6 EUR/t 11042130 reduction 3,6 EUR/t 11042150 reduction 7,3 EUR/t 11042190 reduction 3,6 EUR/t 11042199 reduction 3,6 EUR/t 110422 reduction 3,6 EUR/t 110423 reduction 3,6 EUR/t 110429 reduction 3,6 EUR/t 110430 reduction 7,3 EUR/t 1105 FLOUR, MEAL, FLAKES, GRANULES AND PELLETS OF POTATOES 1105 exemption 1106 FLOUR AND MEAL OF PEAS, BEANS, LENTILS AND OTHER DRIED LEGUMINOUS VEGETABLES OF HEADING 0713, OF SAGO OR OF MANIOC, ARROWROOT, SALEP, JERUSALEM ARTICHOKES, SWEET POTATOES AND SIMILAR ROOTS AND TUBERS WITH HIGH STARCH OR IN 110610 exemption 11062010 reduction 7,98 EUR/t ; arrow-root : exemption 11062090 reduction 29,18 EUR/t ; arrow-root : exemption 110630 exemption 1108 STARCHES; INULIN 110811 reduction 24,8 EUR/t 110812 reduction 24,8 EUR/t 110813 reduction 24,8 EUR/t 110814 reduction 50% + reduction 24,8 EUR/t 11081910 reduction 37,2 EUR/t 11081990 reduction 50% + reduction 24,8 EUR/t  ; arrow-root : exemption 110820 exemption 1109 WHEAT GLUTEN, WHETHER OR NOT DRIED1109  reduction 219 EUR/t12 OIL SEEDS AND OLEAGINOUS FRUITS; MISCELLANEOUS GRAINS, SEEDS AND FRUIT; INDUSTRIAL OR MEDICAL PLANTS; STRAW AND FODD 1208 FLOURS AND MEALS OF OIL SEEDS OR OLEAGINOUS FRUITS (EXCL, MUSTARD) 120810 exemption 1209 SEEDS, FRUITS AND SPORES, FOR SOWING (EXCL, LEGUMINOUS VEGETABLES AND SWEETCORN, COFFEE, TEA, MATE AND SPICES, CEREALS, OIL SEEDS AND OLEAGINOUS FRUITS, AND SEEDS AND FRUIT USED PRIMARILY IN PERFUMERY, ... 1209 exemption 1210 HOP CONES, FRESH OR DRIED, WHETHER OR NOT GROUND, POWDERED OR IN THE FORM OF PELLETS; LUPULIN 1210 exemption 1211 PLANTS AND PARTS OF PLANTS, INCL, SEEDS AND FRUITS, OF A KIND USED PRIMARILY IN PERFUMERY, MEDICAMENTS OR FOR INSECTICIDAL, FUNGICIDAL OR SIMILAR PURPOSES, FRESH OR DRIED, WHETHER OR NOT CUT, CRUSHED OR POWDERED 1211 exemption 1212 LOCUST BEANS, SEAWEEDS AND OTHER ALGAE, SUGAR BEET AND SUGAR CANE, FRESH OR DRIED, WHETHER OR NOT GROUND; FRUIT STONES AND KERNELS AND OTHER VEGETABLE PRODUCTS, INCL, UNROASTED CHICORY ROOTS OF THE VARIETY CICHORIUM INTYBU 121210 exemption 121230 exemption 121291 reduction 16% (5) 121292 reduction 16% (5) 12129910 exemption 1214 SWEDES, MANGOLDS, FODDER ROOTS, HAY, ALFALFA, CLOVER, SAINFOIN, FORAGE KALE, LUPINES, VETCHES AND SIMILAR FORAGE PRODUCTS, WHETHER OR NOT IN THE FORM OF PELLETS12149010 exemption13 LACS; GUMS, RESINS AND OTHER VEGETABLE SAPS AND EXTRACTS 13 exemption15 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES 1501 LARD; OTHER PIG FAT AND POULTRY FAT, RENDERED, WHETHER OR NOT PRESSED OR SOLVENT-EXTRACTED 1501 reduction 16% 1502 FATS OF BOVINE ANIMALS, SHEEP OR GOATS, RAW OR RENDERED, WHETHER OR NOT PRESSED OR SOLVENT-EXTRACTED 1502 exemption 1503 LARD STEARIN, LARD OIL, OLEOSTEARIN, OLEO-OIL AND TALLOW OIL (EXCL, EMULSIFIED, MIXED OR OTHERWISE PREPARED) 1503 exemption 1504 FATS AND OILS AND THEIR FRACTIONS OF FISH OR MARINE MAMMALS, WHETHER OR NOT REFINED (EXCL, CHEMICALLY MODIFIED) 1504 exemption 1505 WOOL GREASE AND FATTY SUBSTANCES DERIVED THEREFROM, INCL, LANOLIN 1505 exemption1506 OTHER ANIMAL FATS AND OILS AND THEIR FRACTIONS, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED (EXCL, PIG FAT, POULTRY FAT, FATS OF BOVINE ANIMALS, SHEEP AND GOATS, FATS OF FISH AND OTHER MARINE ANIMALS, LARD STEARIN, 1506 exemption1507 SOYA-BEAN OIL AND ITS FRACTIONS, WHETHER OR NOT REFINED (EXCL, CHEMICALLY MODIFIED) 1507 exemption 1508 GROUND-NUT OIL AND ITS FRACTIONS, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED 1508 exemption 1511 PALM OIL AND ITS FRACTIONS, WHETHER OR NOT REFINED (EXCL, CHEMICALLY MODIFIED) 1511 exemption 1512 SUNFLOWER-SEED, SAFFLOWER OR COTTON-SEED OIL AND FRACTIONS THEREOF, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED 1512 exemption 1513 COCONUT 'COPRA', PALM KERNEL OR BABASSU OIL AND FRACTIONS THEREOF, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED 1513 exemption 1514 RAPE, COLZA OR MUSTARD OIL AND FRACTIONS THEREOF, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED 1514 exemption 1515 FIXED VEGETABLE FATS AND OILS, INCL, JOJOBA OIL, AND THEIR FRACTIONS, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED (EXCL, SOYA-BEAN, GROUND-NUT, OLIVE, PALM, SUNFLOWER-SEED, SAFFLOWER, COTTON-SEED, COCONUT, PALM KER1515  exemption 1516 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR FRACTIONS, PARTLY OR WHOLLY HYDROGENATED, INTER-ESTERIFIED, RE-ESTERIFIED OR ELAIDINISED, WHETHER OR NOT REFINED, BUT NOT FURTHER PREPARED 1516 exemption 1517 MARGARINE, OTHER EDIBLE MIXTURES OR PREPARATIONS OF ANIMAL OR VEGETABLE FATS OR OILS AND EDIBLE FRACTIONS OF DIFFERENT FATS OR OILS (EXCL, FATS, OILS AND THEIR FRACTIONS, PARTLY OR WHOLLY HYDROGENATED, INTER-ESTERIFIED, ... 15171010 reduction 100% ad valorem customs duties 15171090 exemption 15179010 reduction 100% ad valorem customs duties 15179091 exemption 15179093 exemption 15179099 exemption 1518 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR FRACTIONS, BOILED, OXIDISED, DEHYDRATED, SULPHURISED, BLOWN, POLYMERISED BY HEAT IN VACUUM OR IN INERT GAS OR OTHERWISE CHEMICALLY MODIFIED, INEDIBLE MIXTURES ...  1518 exemption 1520 GLYCEROL 'GLYCERINE', WHETHER OR NOT PURE; GLYCEROL WATERS AND GLYCEROL LYES 1520 exemption 1521 VEGETABLE WAXES, BEESWAX, OTHER INSECT WAXES AND SPERMACETI, WHETHER OR NOT REFINED OR COLOURED (EXCL, TRIGLYCERIDES) 1521 exemption 1522 DEGRAS; RESIDUES RESULTING FROM THE TREATMENT OF FATTY SUBSTANCES OR ANIMAL OR VEGETABLE WAXES 15220010 exemption 15220091 exemption 15220099 exemption16 PREPARATIONS OF MEAT, FISH OR CRUSTACEANS, MOLLUSCS OR OTHER AQUATIC NVERTEBRATES 1601 SAUSAGES AND SIMILAR PRODUCTS, OF MEAT, OFFAL OR BLOOD; FOOD PREPARATIONS BASED ON THESE PRODUCTS 1601 within the limit of the quota (ctg8)  reduction 65% 1602 PREPARED OR PRESERVED MEAT, OFFAL OR BLOOD (EXCL, SAUSAGES AND SIMILAR PRODUCTS, AND MEAT EXTRACTS AND JUICES) 160210 reduction 16% 16022011 exemption 16022019 exemption 16022090 reduction 16% 160231 within the limit of the quota (ctg4)  reduction 65% 160232 within the limit of the quota (ctg4)  reduction 65% 160239 within the limit of the quota (ctg4)  reduction 65% 16024110 reduction 16% 16024190 exemption 16024210 reduction 16% 16024290 exemption 160249 reduction 16% 16025031 exemption 16025039 exemption 16025080 exemption 16029010 reduction 16% 16029031 exemption 16029041 exemption 16029051 reduction 16% 16029069 exemption 16029072 exemption 16029074 exemption 16029076 exemption 16029078 exemption 16029098 exemption 1603 EXTRACTS AND JUICES OF MEAT, FISH OR CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES 1603 exemption 1604 PREPARED OR PRESERVED FISH; CAVIAR AND CAVIAR SUBSTITUTES PREPARED FROM FISH   EGGS 1604 exemption 1605 CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES, PREPARED OR PRESERVED 1605 exemption17 SUGARS AND SUGAR CONFECTIONERY 1702 OTHER SUGARS, INCL, CHEMICALLY PURE LACTOSE, MALTOSE, GLUCOSE AND FRUCTOSE, IN SOLID FORM; SUGAR SYRUPS NOT CONTAINING ADDED FLAVOURING OR COLOURING MATTER; ARTIFICIAL HONEY, WHETHER OR NOT MIXED WITH NATURAL HONEY; CARAMEL 170211 reduction 16% 170219 reduction 16% 170220 reduction 16% (5) 17023010 reduction 16% (5) 17023051 reduction 117 EUR/t 17023059 reduction 81 EUR/t 17023091 reduction 117 EUR/t 17023099 reduction 81 EUR/t 17024010 reduction 16% (5) 17024090 reduction 81 EUR/t 170250 exemption 170260 reduction 16% (5) 17029010 exemption 17029030 reduction 16% (5) 17029050 reduction 81 EUR/t 17029060 reduction 16% (5) 17029071 reduction 16% (5) 17029075 reduction 117 EUR/t 17029079 reduction 81 EUR/t 17029080 reduction 16% (5) 17029099 reduction 16% (5) 1703 MOLASSES RESULTING FROM THE EXTRACTION OR REFINING OF SUGAR 1703 within the limit of the quota (ctg9)  reduction 100% 1704 SUGAR CONFECTIONERY NOT CONTAINING COCOA, INCL, WHITE CHOCOLATE 170410 reduction 100% ad valorem customs duties 17049010 exemption 17049030 exemption 17049051 reduction 100% ad valorem customs duties 17049055 reduction 100% ad valorem customs duties 17049061 reduction 100% ad valorem customs duties 17049065 reduction 100% ad valorem customs duties 17049071 reduction 100% ad valorem customs duties 17049075 reduction 100% ad valorem customs duties 17049081 reduction 100% ad valorem customs duties 17049099 reduction 100% ad valorem customs duties18 COCOA AND COCOA PREPARATIONS 1801 COCOA BEANS, WHOLE OR BROKEN, RAW OR ROASTED1801  exemption 1802 COCOA SHELLS, HUSKS, SKINS AND OTHER COCOA WASTE 1802 exemption 1803 COCOA PASTE, WHETHER OR NOT DEFATTED 1803 exemption 1804 COCOA BUTTER, FAT AND OIL 1804 exemption 1805 COCOA POWDER, NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER1805  exemption 1806 CHOCOLATE AND OTHER FOOD PREPARATIONS CONTAINING COCOA 18061015 exemption 18061020 reduction 100% ad valorem customs duties 18061030 reduction 100% ad valorem customs duties 18061090 reduction 100% ad valorem customs duties 180620 exemption 180631 exemption 180632 exemption 18069011 exemption 18069019 exemption 18069031 exemption 18069039 exemption 18069050 exemption 18069060 reduction 100% ad valorem customs duties 18069070 reduction 100% ad valorem customs duties 18069090 reduction 100% ad valorem customs duties19 PREPARATIONS OF CEREALS, FLOUR, STARCH OR MILK; PASTRYCOOKS' PRODUCTS 1901 MALT EXTRACT; FOOD PREPARATIONS OF FLOUR, MEAL, STARCH OR MALT EXTRACT, NOT CONTAINING COCOA POWDER OR CONTAINING COCOA POWDER IN A PROPORTION BY WEIGHT OF &lt; 40 % N,E,S; FOOD PREPARATIONS OF GOODS OF HEADINGS 04 01 TO 04 04  190110 reduction 100% ad valorem customs duties; exemption EA dans la condition (c1) 190120 reduction 100% ad valorem customs duties; exemption EA dans la condition (c1) 19019011 reduction 100% ad valorem customs duties 19019019 reduction 100% ad valorem customs duties 19019091 exemption 19019099 reduction 100% ad valorem customs duties; exemption EA dans la condition (c1) 1902 PASTA, WHETHER OR NOT COOKED OR STUFFED WITH MEAT OR OTHER SUBSTANCES OR OTHERWISE PREPARED, SUCH AS SPAGHETTI, MACARONI, NOODLES, LASAGNE, GNOCCHI, RAVIOLI, CANNELLONI; COUSCOUS, WHETHER OR NOT PREPARED 190211 reduction 100% ad valorem customs duties 190219 reduction 100% ad valorem customs duties 19022010 exemption 19022030 reduction 16% 19022091 reduction 100% ad valorem customs duties 19022099 reduction 100% ad valorem customs duties 190230 reduction 100% ad valorem customs duties 190240 reduction 100% ad valorem customs duties 1903 TAPIOCA AND SUBSTITUTES THEREFOR PREPARED FROM STARCH, IN THE FORM OF FLAKES, GRAINS, PEARLS, SIFTINGS OR SIMILAR FORMS 1903 exemption 1904 PREPARED FOODS OBTAINED BY THE SWELLING OR ROASTING OF CEREALS OR CEREAL PRODUCTS, E,G, CORN FLAKES; CEREALS, OTHER THAN MAIZE 'CORN', IN GRAIN FORM, PRE-COOKED OR OTHERWISE PREPARED 1904 reduction 100% ad valorem customs duties 1905 BREAD, PASTRY, CAKES, BISCUITS AND OTHER BAKERS' WARES, WHETHER OR NOT CONTAINING COCOA; COMMUNION WAFERS, EMPTY CACHETS OF A KIND SUITABLE FOR PHARMACEUTICAL USE, SEALING WAFERS, RICE PAPER AND SIMILAR PRODUCTS 190510 reduction 100% ad valorem customs duties 190520 reduction 100% ad valorem customs duties 19053011 reduction 100% ad valorem customs duties; biscuits : exemption 19053019 reduction 100% ad valorem customs duties; biscuits : exemption 19053030 reduction 100% ad valorem customs duties 19053051 reduction 100% ad valorem customs duties 19053059 reduction 100% ad valorem customs duties 19053091 reduction 100% ad valorem customs duties 19053099 reduction 100% ad valorem customs duties 190540 reduction 100% ad valorem customs duties 190590 reduction 100% ad valorem customs duties20 PREPARATIONS OF VEGETABLES, FRUIT, NUTS OR OTHER PARTS OF PLANTS 2001 VEGETABLES, FRUIT, NUTS AND OTHER EDIBLE PARTS OF PLANTS, PREPARED OR PRESERVED BY VINEGAR OR ACETIC ACID 200110 exemption 200120 exemption 20019020 exemption 20019030 reduction 100% ad valorem customs duties 20019040 reduction 100% ad valorem customs duties 20019050 exemption 20019060 exemption 20019065 exemption 20019070 exemption 20019075 exemption 20019085 exemption 20019091 exemptionex 20019096 exemption except vine leaves 2002 TOMATOES, PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID 2002 exemption2003 MUSHROOMS AND TRUFFLES, PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID 2003 exemption 2004 OTHER VEGETABLES PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID, FROZEN (EXCL, TOMATOES, MUSHROOMS AND TRUFFLES) 20041010 exemption 20041091 reduction 100% ad valorem customs duties 20041099 exemption 20049010 reduction 100% ad valorem customs dutiesex 20049030 exemption except olives 20049050 exemption 20049091 exemption 20049098 exemption 2005 OTHER VEGETABLES PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID (EXCL, FROZEN, AND TOMATOES, MUSHROOMS AND TRUFFLES) 200510 exemption 20052010 reduction 100% ad valorem customs duties 20052020 reduction 16% 20052080 reduction 16% 200540 exemption 200551 exemption 200559 exemption 200560 exemption 200570 exemption 200580 reduction 100% ad valorem customs duties 200590 exemption 2006 FRUIT, NUTS, FRUIT-PEEL AND OTHER PARTS OF PLANTS, PRESERVED BY SUGAR, DRAINED, GLACE OR CRYSTALLIZED 20060031 reduction 100% ad valorem customs duties 20060035 reduction 100% ad valorem customs duties 20060038 reduction 100% ad valorem customs duties 20060091 exemption 20060099 exemption 2007 JAMS, FRUIT JELLIES, MARMALADES, FRUIT OR NUT PUREE AND FRUIT OR NUT PASTES, BEING COOKED PREPARATIONS, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER 20071010 exemption 20071091 exemption 20071099 exemption 20079110 reduction 100% ad valorem customs duties 20079130 reduction 100% ad valorem customs duties 20079190 exemption 20079910 exemption 20079920 exemption 20079931 exemption 20079933 exemption 20079935 exemption 20079939 exemption 20079951 exemption 20079955 exemption 20079958 exemption 20079991 exemption 20079993 exemption 20079998 exemption2008 FRUITS, NUTS AND OTHER EDIBLE PARTS OF PLANTS, PREPARED OR PRESERVED, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER OR SPIRIT, N,E,S, 200811 exemption 200819 exemption 200820 exemption 20083011 exemption 20083019 reduction 100% ad valorem customs duties; grapefruit: exemption 20083031 exemption 20083039 exemption 20083051 exemption 20083055 exemption 20083059 exemption 20083071 exemption 20083075 exemption 20083079 exemption 20083091 exemption 20083099 exemption 200840 exemption 20085011 exemption 20085019 reduction 100% ad valorem customs duties 20085031 exemption 20085039 exemption 20085051 reduction 100% ad valorem customs duties 20085059 exemption 20085061 exemption 20085069 exemption 20085071 exemption 20085079 exemption 20085092 exemption 20085094 exemption 20085099 exemption 20086011 exemption 20086019 reduction 100% ad valorem customs duties 20086031 exemption 20086039 exemption 20086051 exemption 20086059 exemption 20086061 exemption 20086069 exemption 20086071 exemption 20086079 exemption 20086091 exemption 20086099 exemption 20087011 exemption 20087019 reduction 100% ad valorem customs duties 20087031 exemption 20087039 exemption 20087051 reduction 100% ad valorem customs duties 20087059 exemption 20087061 exemption 20087069 exemption 20087071 exemption 20087079 exemption 20087092 exemption 20087094 exemption 20087099 exemption 200880 exemption 200891 exemption 20089212 exemption 20089214 exemption 20089216 exemption 20089218 exemption 20089232 exemption 20089234 exemption 20089236 exemption 20089238 exemption 20089251 exemption 20089259 exemption 20089272 exemption 20089274 exemption 20089276 exemption 20089278 exemption 20089292 exemption 20089293 exemption 20089294 exemption 20089296 exemption 20089297 exemption 20089298 exemption 20089911 exemption 20089919 exemption 20089921 exemption 20089923 exemption 20089925 exemption 20089926 exemption 20089928 exemption 20089932 exemption 20089933 reduction 100% ad valorem customs duties 20089934 reduction 100% ad valorem customs duties 20089936 exemption 20089937 exemption 20089938 exemption 20089940 exemption 20089943 exemption 20089945 exemption 20089946 exemption 20089947 exemption 20089949 exemption 20089953 exemption 20089955 exemption 20089961 exemption 20089962 exemption 20089968 exemption 20089972 exemption 20089974 exemption 20089979 exemptionex 20089985 exemption except sweet corn 20089991 reduction 100% ad valorem customs dutiesex 20089999 exemption except vine leaves 2009 FRUIT JUICES, INCL, GRAPE MUST, AND VEGETABLE JUICES, UNFERMENTED, NOT CONTAINING ADDED SPIRIT, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER 20091111 reduction 100% ad valorem customs duties 20091119 exemption 20091191 reduction 100% ad valorem customs duties 20091199 exemption 20091911 reduction 100% ad valorem customs duties 20091919 exemption 20091991 reduction 100% ad valorem customs duties 20091999 exemption 200920 exemption 20093011 reduction 100% ad valorem customs duties 20093019 exemption 20093031 exemption 20093039 exemption 20093051 reduction 100% ad valorem customs duties 20093055 exemption 20093059 exemption 20093091 reduction 100% ad valorem customs duties 20093095 exemption 20093099 exemption 200940 exemption 200950 exemption 200960 exemption 20097011 reduction 100% ad valorem customs duties 20097019 exemption 20097030 exemption 20097091 reduction 100% ad valorem customs duties 20097093 exemption 20097099 exemption 20098011 reduction 100% ad valorem customs duties 20098019 exemption 20098032 exemption 20098033 reduction 100% ad valorem customs duties 20098035 reduction 100% ad valorem customs duties 20098036 exemption 20098038 exemption 20098050 exemption 20098061 reduction 100% ad valorem customs duties 20098063 exemption 20098069 exemption 20098071 exemption 20098073 exemption 20098079 exemption 20098083 exemption 20098084 reduction 100% ad valorem customs duties 20098086 reduction 100% ad valorem customs duties 20098088 exemption 20098089 exemption 20098095 exemption 20098096 exemption 20098097 exemption 20098099 exemption 20099011 reduction 100% ad valorem customs duties 20099019 exemption 20099021 reduction 100% ad valorem customs duties 20099029 exemption 20099031 reduction 100% ad valorem customs duties 20099039 exemption 20099041 exemption 20099049 exemption 20099051 exemption 20099059 exemption 20099071 reduction 100% ad valorem customs duties 20099073 exemption 20099079 exemption 20099092 exemption 20099094 reduction 100% ad valorem customs duties 20099095 exemption 20099096 exemption 20099097 exemption 20099098 exemption21 MISCELLANEOUS EDIBLE PREPARATIONS 2101 EXTRACTS, ESSENCES AND CONCENTRATES, OF COFFEE, TEA OR MATE AND PREPARATIONS WITH A BASIS OF THESE PRODUCTS OR WITH A BASIS OF COFFEE, TEA OR MATE; ROASTED CHICORY AND OTHER ROASTED COFFEE SUBSTITUTES, AND EXTRACTS, ESSENCE 210111 exemption 210112 exemption 210120 exemption 21013011 exemption 21013019 reduction 100% ad valorem customs duties 21013091 exemption 21013099 reduction 100% ad valorem customs duties2102 YEASTS, ACTIVE OR INACTIVE, OTHER DEAD SINGLE-CELL MICRO-ORGANISMS, PREPARED BAKING POWDERS (EXCL, SINGLE-CELL MICRO-ORGANISMS PACKAGED AS MEDICAMENTS) 21021010 exemption 21021031 reduction 100% ad valorem customs duties 21021039 reduction 100% ad valorem customs duties 21021090 exemption 210220 exemption 210230 exemption 2103 SAUCE AND PREPARATIONS THEREFOR; MIXED CONDIMENTS AND MIXED SEASONINGS; MUSTARD FLOUR AND MEAL, WHETHER OR NOT PREPARED, AND MUSTARD 2103 exemption 2104 SOUPS AND BROTHS AND PREPARATIONS THEREFOR; FOOD PREPARATIONS CONSISTING OF FINELY HOMOGENIZED MIXTURES OF TWO OR MORE BASIC INGREDIENTS, SUCH AS MEAT, FISH, VEGETABLES OR FRUIT, PUT UP FOR RETAIL SALE AS INFANT FOOD  2104 exemption 2105 ICE CREAM AND OTHER EDIBLE ICE, WHETHER OR NOT CONTAINING COCOA 2105 reduction 100% ad valorem customs duties 2106 FOOD PREPARATIONS N,E,S, 210610 reduction 100% ad valorem customs duties 21069020 exemption 21069030 reduction 16% (5) 21069051 reduction 16% 21069055 reduction 81 EUR/t 21069059 reduction 16% (5) 21069092 exemption 21069098 reduction 100% ad valorem customs duties22 BEVERAGES, SPIRITS AND VINEGAR 2201 WATERS, INCL, NATURAL OR ARTIFICIAL MINERAL WATERS AND AERATED WATERS, NOT CONTAINING ADDED SUGAR, OTHER SWEETENING MATTER OR FLAVOURED; ICE AND SNOW 2201 exemption 2202 WATERS, INCL, MINERAL WATERS AND AERATED WATERS, CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER OR FLAVOURED, AND OTHER NON-ALCOHOLIC BEVERAGES (EXCLUDING FRUIT OR VEGETABLE JUICES AND MILK) 220210 exemption 22029010 exemption 22029091 reduction 100% ad valorem customs duties 22029095 reduction 100% ad valorem customs duties 22029099 reduction 100% ad valorem customs duties 2203 BEER MADE FROM MALT 2203 exemption 2204 WINE OF FRESH GRAPES, INCL, FORTIFIED WINES; GRAPE MUST, PARTLY FERMENTED, OF ACTUAL ALCOHOLIC STRENGTH OF &gt; 0,5 % VOL, WHETHER OR NOT WITH ADDED ALCOHOL 22043092 exemption 22043094 exemption 22043096 exemption 22043098 exemption 2205 VERMOUTH AND OTHER WINE OF FRESH GRAPES, FLAVOURED WITH PLANTS OR AROMATIC SUBSTANCES 2205 exemption 2206 CIDER, PERRY, MEAD AND OTHER FERMENTED BEVERAGES AND MIXTURES OF FERMENTED BEVERAGES AND NON-ALCOHOLIC BEVERAGES, N,E,S, (EXCL, BEER, WINE OR FRESH GRAPES, GRAPE MUST, VERMOUTH AND OTHER WINE OF FRESH GRAPES FLAVOURED WITH 22060031 exemption 22060039 exemption 22060051 exemption 22060059 exemption 22060081 exemption 22060089 exemption 2207 UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH BY VOLUME OF &gt;= 80 %; ETHYL ALCOHOL AND OTHER SPIRITS, DENATURED, OF ANY STRENGTH 2207 exemption2208 UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH BY VOLUME OF &lt; 80 %; SPIRITS, LIQUEURS AND OTHER SPIRITUOUS BEVERAGES; COMPOUND ALCOHOLIC PREPARATIONS OF A KIND USED FOR THE MANUFACTURE OF BEVERAGES 2208 exemption 2209 VINEGAR AND SUBSTITUTES FOR VINEGAR OBTAINED FROM ACETIC ACID 22090091 exemption 22090099 exemption23 RESIDUES AND WASTE FROM THE FOOD INDUSTRIES; PREPARED ANIMAL FODDER2302 BRAN, SHARPS AND OTHER RESIDUES, WHETHER OR NOT IN THE FORM OF PELLETS, DERIVED FROM THE SIFTING, MILLING OR OTHER WORKING OF CEREALS OR OF LEGUMINOUS PLANTS 230210 reduction 7,2 EUR/t 230220 reduction 7,2 EUR/t 230230 reduction 7,2 EUR/t 230240 reduction 7,2 EUR/t 230250 exemption 2303 RESIDUES OF STARCH MANUFACTURE AND SIMILAR RESIDUES, BEET-PULP, BAGASSE AND OTHER WASTE OF SUGAR MANUFACTURE, BREWING OR DISTILLING DREGS AND WASTE, WHETHER OR NOT IN THE FORM OF PELLETS 23031011 reduction 219 EUR/t 2308 ACORNS, HORSE-CHESTNUTS, MARC AND OTHER VEGETABLE MATERIALS AND VEGETABLE WASTE, VEGETABLE RESIDUES AND BY-PRODUCTS OF A KIND USED IN ANIMAL FEEDING, WHETHER OR NOT IN THE FORM OF PELLETS, N,E,S, 23089090 exemption 2309 PREPARATIONS OF A KIND USED IN ANIMAL FEEDING 23091013 reduction 10,9 EUR/t 23091015 reduction 16% 23091019 reduction 16% 23091033 reduction 10,9 EUR/t 23091039 reduction 16% 23091051 reduction 10,9 EUR/t 23091053 reduction 10,9 EUR/t 23091059 reduction 16% 23091070 reduction 16% 23091090 exemption 23099010 exemption 23099031 reduction 10,9 EUR/t 23099033 reduction 10,9 EUR/t 23099035 reduction 16% 23099039 reduction 16% 23099041 reduction 10,9 EUR/t 23099043 reduction 10,9 EUR/t 23099049 reduction 16% 23099051 reduction 10,9 EUR/t 23099053 reduction 10,9 EUR/t 23099059 reduction 16% 23099070 reduction 16% 23099091 exemption24 TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES 24 exemption (6)29 ORGANIC CHEMICALS 2905 ACYCLIC ALCOHOLS AND THEIR HALOGENATED, SULPHONATED, NITRATED OR NITROSATED DERIVATIVES 2905 reduction 100% ad valorem customs duties33 ESSENTIAL OILS AND RESINOIDS; PERFUMERY, COSMETIC OR TOILET PREPARATIONS3301 ESSENTIAL OILS, WHETHER OR NOT TERPENELESS, INCL, CONCRETES AND ABSOLUTES; RESINOIDS; CONCENTRATES OF ESSENTIAL OILS IN FATS, FIXED OILS, WAXES OR THE LIKE, OBTAINED BY ENFLEURAGE OR MACERATION; TERPENIC BY-PRODUCTS  3301 exemption3302  MIXTURES OF ODORIFEROUS SUBSTANCES AND MIXTURES, INCL, ALCOHOLIC SOLUTIONS, BASED ON ONE OR MORE OF THESE SUBSTANCES, OF A KIND USED AS RAW MATERIALS IN INDUSTRY 33021029 exemption35 ALBUMINOUS SUBSTANCES; MODIFIED STARCHES; GLUES; ENZYMES3501 CASEIN, CASEINATES AND OTHER CASEIN DERIVATIVES; CASEIN GLUES (EXCL, THOSE PACKAGED AS GLUE FOR RETAIL SALE AND WEIGHING =&lt; 1 KG) 3501 exemption3502 ALBUMINS, 'INCL, CONCENTRATES OF TWO OR MORE WHEY PROTEINS CONTAINING BY WEIGHT &gt; 80% WHEY PROTEINS, CALCULATED ON THE DRY MATTER', ALBUMINATES AND OTHER ALBUMIN DERIVATIVES 35021190 reduction 100% ad valorem customs duties 35021990 reduction 100% ad valorem customs duties 35022091 reduction 100% ad valorem customs duties 35022099 reduction 100% ad valorem customs duties3503   GELATIN, WHETHER OR NOT IN SQUARE OR RECTANGULAR SHEETS, WHETHER OR NOT SURFACE-WORKED OR COLOURED, AND GELATIN DERIVATIVES; ISINGLASS; OTHER GLUES OF ANIMAL ORIGIN (EXCL, THOSE PACKAGED AS GLUE FOR RETAIL SALE AND WEIGHIN3503 exemption3504 PEPTONES AND THEIR DERIVATIVES; OTHER ALBUMINOUS SUBSTANCES AND THEIR DERIVATIVES N,E,S,; HIDE POWDER, WHETHER OR NOT CHROMED 3504 exemption3505      DEXTRINS AND OTHER MODIFIED STARCHES, E,G, PREGELATINISED OR ESTERIFIED STARCHES; GLUES BASED ON STARCHES, DEXTRINS OR OTHER MODIFIED STARCHES (EXCL, THOSE PUT UP FOR RETAIL SALE AND WEIGHING =&lt; 1 KG) 35051010 reduction 100% ad valorem customs duties 35051050 exemption 35051090 reduction 100% ad valorem customs duties 350520 reduction 100% ad valorem customs duties38 MISCELLANEOUS CHEMICAL PRODUCTS3809 FINISHING AGENTS, DYE CARRIERS TO ACCELERATE THE DYEING OR FIXING OF DYES AND OTHER PRODUCTS AND PREPARATIONS SUCH AS DRESSINGS AND MORDANTS OF A KIND USED IN THE TEXTILE, PAPER, LEATHER OR LIKE INDUSTRIES N,E,S, 380910 reduction 100% ad valorem customs duties3824 PREPARED BINDERS FOR FOUNDRY MOULDS OR CORES; CHEMICAL PRODUCTS AND PREPARATIONS FOR THE CHEMICAL OR ALLIED INDUSTRIES, INCL, MIXTURES OF NATURAL PRODUCTS N,E,S,; RESIDUAL PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES 382460 reduction 100% ad valorem customs duties50 SILK 50 exemption52 COTTON 52 exemptionProvisions for the French overseas departments1. Customs duties shall not be levied on imports into the French overseas departments of the following products originating in the ACP States or the overseas countries and territories:CN code  Description0102  Live bovine animals of domesticated species other than pure-bred breeding animals0102 900102 90 050102 90 210102 90 290102 90 410102 90 490102 90 510102 90 590102 90 610102 90 690102 90 710102 90 790201    Meat of bovine animals, fresh, chilled or frozen02020206 10 950206 29 910709 90 60   Sweet corn0712 10 901005 90 000714 10 91   -Manioc roots, including yams0714 90 112. The customs duty shall not be levied on direct imports of rice falling within CN heading 1006, excluding rice for sowing of CN heading 1006 10 10 imported into Réunion.3. If imports into the French overseas departments of sweet corn originating in the ACP States or the overseas countries and territories exceed 25 000 tonnes within a given year, and if these imports threaten to seriously disturb these markets, the Commission shall take the necessary measures.4. Within the limit of an annual quota of 2000 tonnes, no customs duties shall be levied on products falling within CN codes 0714 10 91 and 0714 90 11.References  quota1 100 tons   Live sheep and goatsquota2 500 tons   Meat of sheep or goatsquota3 400 tons   Poultrymeatquota4 500 tons   Prepared poultrymeatquota5 1000 tons   Milk and creamquota6 1000 tons   Cheese and curdquota7 500 tons   Pigmeatquota8 500 tons   Prepared pigmeatquota9 600000 tons   Molassesquota10 15000 tons   Wheat and meslinquota11 125000 tons   Husked ricequota12 20000 tons   Broken ricequota13a 2000 tons   Tomatoes other than cherry tomatoesquota13b 2000 tons   Cherry tomatoesquota14 800 tons   Seedless table grapesquota15 1000 tons   Applesquota16 2000 tons   Pearsquota17 1600 tons   Strawberriesceiling 1 100000 tons   Sorghumceiling 2 60000 tons   Milletceiling 3 200 tons   Fresh figsrq 1  25000 tons   Orangesrq 2  4000 tons   Mandarinsrq 3  100 tons   Seedless table grapes(1) Where, in the course of a year, imports into the Community of products falling within CN codes 0201, 0206 10 95, 0206 29 91, 1602 50 10 or 1602 90 61, originating in an ACP State exceed a quantity equivalent to imports into the Community during whichever year between 1969 and 1974 Community imports of products of that origin were highest, plus an annual growth rate of 7 %, exemption from customs duties on the products of that origin shall be partially or totally suspended.In that event the Community shall determine the arrangements to be applied to the imports in question.(2) The reduction shall apply only to imports for which the importer provides proof that an export charge of an amount equivalent to the reduction has been collected by the exporting country.(3) If, in the course of a year, the ceiling is reached, the Community may, by means of a Regulation, reintroduce the application of normal customs duties until the end of the period of validity; the duties applicable shall be reduced by 50%.(4) If imports of a product exceed the reference quantity, a decision may be taken to make it subject to a ceiling equal to the reference quantity, having regard to the annual balance of trade in the product.(5) This reduction shall not be applied when the Community, in accordance with its Uruguay Round commitments, applies additional duties.(6) If serious disturbances occur as a result of a large increase in duty-free imports of products falling within CN code 2401, originating in the ACP States, or if these imports create difficulties which bring about a deterioration in the economic situation of a region of the Community, the Community may take measures to counteract any deflection of trade.(c1) Whether or not containing less than 1,5 % by weight of milk fat, with a starch or flour content of 50 % or over but of less than 75 % by weight.DECLARATION XXIII Joint declaration on market access in the EC-ACP PartnershipThe Parties accept the fact that both sides expect to take part in the negotiations and implementation of agreements leading to further multilateral and bilateral trade liberalisation.The parties note the Community's commitment to provide least developed countries with free market access for essentially all products by 2005.At the same time they recognise, with respect to ACP preferential access to the Community market, that this wider process of liberalisation could lead to a deterioration in the relative competitive position of the ACP States which would threaten their development efforts, which the Community is concerned to support.  The Parties therefore agree to examine all necessary measures in order to maintain the competitive position of the ACP States on the Community market during the preparatory period. This examination may include, inter alia, calendar requirements, rules of origin, sanitary and phytosanitary measures and implementation of specific measures addressing supply side constraints in the ACP countries.  The objective will be to offer ACP countries possibilities to exploit their existing and potential comparative advantage on the Community market. Bearing in mind their commitment to co-operation in the WTO, the parties agree that this examination will also take into account any extension within the WTO of the trade advantages which may be offered by Member countries to developing countries.To this end, the Ministerial Trade Committee should make recommendations on the basis of an initial review to be prepared by the Commission and the ACP Secretariat. The EC Council will examine these recommendations on the basis of a proposal from the Commission, with a view to preserving the benefits of the ACP-EC trade arrangement.The Council of the European Union, for its part, underlines its obligation to take account the effect any agreement or other measures to be taken by the EC on ACP-EC trade. It requests the Commission to carry out the necessary impact assessments on a systematic basis.The measures will relate to the preparatory period and will take due account of the Community's common agricultural policy.The Ministerial Trade Committee shall monitor the implementation of this Declaration and make appropriate reports to the Council of Ministers.DECLARATION XXIV Joint declaration on rice1. The Parties recognise the importance of rice for the economic development of a number of ACP countries in terms of employment, foreign exchange and social and political stability2. They further recognise the importance of the Community market for rice. The Community reaffirms its commitment to enhance the competitiveness and efficiency of the ACP rice sector in order to maintain a viable and sustainable industry and thereby contribute to the smooth integration of ACP countries into the world economy.3. The Community is prepared to provide sufficient funds to finance during the preparatory period, in consultation with the ACP sector concerned, an integrated sector-specific programme for the development of ACP exporters of rice which could in particular include the following measures :- Improvement of conditions of production and enhancement of quality through action in the areas of research, harvesting and handling ;- Transport and storage ;- Enhancing the competitiveness of existing exporters of rice ;- Assisting ACP rice producers to meet environmental and waste management standards and other norms in the international markets, including the Community ;- Marketing and trade promotion ;- Programmes designed to develop value added by-products ;This package of measures will be financed in ACP rice exporting nations on a national basis, by agreement of both Parties, through specific sectoral programmes in accordance with programming rules and methods and in the short term through unallocated EDF resources after a decision of the Council of Ministers.4. The Parties reiterate their commitment to co-operate closely in order to ensure that the ACP States can benefit fully from the Community trade preferences for rice. They agree on the importance of effective and transparent implementation of all rice exports to the Community of ACP origin.5. The Community will examine after the entry into force of the agreement the position of the ACP rice sector in the light of future changes occurring on the Community's rice market. To this end, the Parties agree to create with the ACP and representatives of the sector concerned, a joint working party, which shall meet annually. The Community further undertakes to consult the ACP States on any bilateral or multilateral decisions which may impact on the competitive position of the ACP rice industry in the Community market.DECLARATION XXV Joint declaration on rumThe Parties recognise the importance of the rum sector for the economic and social development of several ACP countries and regions and its major contribution in providing employment, export earnings and Government revenues. They acknowledge that rum is a value added agro-industrial ACP product capable, if appropriate efforts are undertaken, of  competing in a global economy. They therefore acknowledge the need to take all measures that might be necessary to overcome the competitive disadvantage, which ACP producers are presently facing. In this context they also note the undertaking contained in the Council and Commission Declaration of March 24, 1997 to fully take into account in any future negotiations and arrangements related to the rum sector, the impact of the EC-US agreement to eliminate the duty on certain spirituous beverages of the same date. They also recognise the urgent need for ACP producers to become less dependent on the commodity rum market.The Parties therefore agree on the need for the rapid development of the ACP rum industry so as to allow exporters of ACP rum to compete on the Community and the international spirits markets. To this end, they agree to implement the following measures:1. Rum, arak and tafia originating in the ACP falling under HS Code 22 08 40 shall be imported under the present Agreement and any successor agreement to this Agreement, duty free and without quantitative limitations.2. The Community undertakes to ensure fair competition in the Community market and that ACP rum is not disadvantaged or discriminated against in the EU market, in relation to third country rum producers.3. The Community will, when considering any request for derogation to the provisions of Art 1.4 (1) and (2) of the Council Regulation (EC) No 1576 of 29th March 1989 consult with and take account of the particular interests of ACP countries.4. The Community is prepared to provide sufficient funds to finance during the preparatory period, in consultation with the ACP sector concerned, an integrated sector-specific programme for the development of ACP exporters of rum, which could in particular include the following measures:- Enhancing the competitiveness of existing exporters of rum;- Assist in creation of rum marques or brands by ACP region or country;- Enabling marketing campaigns to be designed and implemented;- Assist ACP rum producers to meet environmental and waste management standards and other norms in  the international markets including the Community market;- Assist the ACP rum industry to move out of bulk commodity production into higher value branded rum productsThis package of measures will be financed on a national and regional basis, by agreement of both parties, through specific sectoral programmes in accordance with programming rules and methods and, in the short term, through unallocated EDF resources after a decision of the Council of Ministers.5. The Community commits itself to examine the impact on the ACP industry of the indexation of the price point incorporated in the Memorandum of Understanding on rum in the agreement on white spirits of March 1997 at which duties on non-ACP rum are applied. In this light it will take, where necessary, appropriate measures.6. The Community undertakes to conduct appropriate consultations with the ACP through a joint working party, which shall meet regularly, on specific issues arising from these undertakings. The Community further undertakes to consult the ACP States on any bilateral or multilateral decisions, including tariff reductions and the enlargement of the Community, which may impact on the competitive position of the ACP rum industry in the Community market.DECLARATION XXVI Joint declaration on beef and veal1. The EC undertakes to ensure that the ACP States, beneficiaries of the protocol on beef and veal, derive full benefits therefrom. To this end, it commits itself to give effect to the provisions of this protocol by enacting in a timely fashion appropriate rules and procedures.2. The EC further undertakes to implement the protocol so that ACP States can market their beef and veal throughout the year without undue restrictions. In addition, the EC will assist the ACP beef and veal exporters to improve their competitiveness through, inter alia, addressing supply-side constraints, in accordance with the development strategies set out in this Agreement and within the context of National and Regional Indicative Programmes.3. The EC will examine the requests of ACP Least-Developed-Countries to export their beef and veal under preferential conditions in the context of the actions it intends to take under the WTO's Integrated Framework for Least-Developed-Countries.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 VThe Contracting Parties reaffirm that the provisions of Annex V apply to the relations between the French overseas departments and the ACP States.The Community shall have the right during the life of the Agreement to amend, in the light of the economic development requirements of the French overseas departments, the arrangements governing access to the latter's markets for products originating in the ACP States referred to in Article 1(2) of Annex V.When examining the possible application of this right, the Community will take into consideration the direct trade between the ACP States and the French overseas departments. Information and consultation procedures shall apply between the parties concerned in accordance with Article 12 of Annex V.DECLARATION XXVIII Joint declaration on co-operation between ACP States and the neighbouring overseas countries and territories and French overseas departments The Contracting Parties shall encourage greater regional co-operation in the Caribbean, the Pacific and the Indian Ocean involving ACP States and the neighbouring overseas countries and territories and French overseas departments.The Contracting Parties call upon interested Contracting Parties to consult each other on the procedure for  promoting such co-operation and, in this context, to take measures, in line with their respective policies and their  specific situation in the region, which will permit initiatives in the economic field, including the development of trade, as well as in the social and cultural fields.Where there are trade agreements involving French overseas departments, such agreements may provide for specific measures in favour of products from those departments.Issues relating to co-operation in these different areas shall be brought to the attention of the Council of Ministers, so that it can be duly informed of the progress achieved.DECLARATION XXIX Joint declaration on products covered by the common agricultural policy The Contracting Parties recognize that products covered by the common agricultural policy follow specific rules and regulations, in particular with regard to safeguard measures. The provisions of the Agreement concerning the safeguard clause may be applied to these products only in so far as they are consistent with the specific nature of these rules and regulations.DECLARATION 23.05.2000 ACP declaration on Article 1 of Annex V Conscious of the imbalance and the discriminatory effect resulting from the most-favoured-nation treatmen applicable to products originating in the ACP States on the Community market under Article 1(2)(a) of Annex V, the ACP States reaffirm their understanding that the consultations provided for under this Article shall ensure that the ACP States' main exportable products benefit from treatment at least as favourable as that granted by the Community to countries enjoying the most-favoured-third-state treatment.In addition similar consultations shall take place in cases where:(a) one or more ACP States show potentialities for one or more specific products for which preferential third states enjoy more favourable treatment;(b) one or more ACP States envisage exporting to the Community one or more specific products for which preferential third states enjoy more favourable treatment.DECLARATION 23.05.2000I Community declaration on Article 5(2)(a) of Annex VWhile agreeing to the reproduction of the text of Article 9(2)(a) of the second ACP-EEC Convention in Article 5(2)(a) of Annex V, the Community reaffirms the interpretation of that text, namely that the ACP States shall grant to the Community treatment no less favourable than that which they grant to developed States under trade agreements where those States do not grant the ACP States greater preferences than those granted by the Community.DECLARATION 23.05.2000II Joint Declaration on non-discriminationThe Parties agree that notwithstanding specific provisions of Annex V to this Agreement, the Community shall not discriminate between ACP States in the trade regime provided for in the framework of that Annex, taking account however of the provisions of this Agreement and of specific autonomous initiatives in the multilateral context, such as that in favour of the least developed countries pursued by the Community.DECLARATION 23.05.2000III Community declaration on Article 8(3) of Annex VWere the Community to adopt the strictly necessary measures referred to in this Article, it would endeavour to seek those which, by reason of their geographical scope or the types of products concerned, would least disturb the exports of the ACP States.DECLARATION 23.05.2000IV Joint declaration on Article 12 of Annex V The Contracting Parties agree that the consultations referred to in Article 12 of Annex V should take place in accordance with the following procedures:(i) the two parties will provide all necessary and relevant information on the specific issue(s) in good time to enable an early initiation of the discussions, and in any event not later than one month after the request for consultation is received;(ii) the three-month consultation period will start from the date of receipt of this information. Within these three months, technical examination of such information shall be completed within one month, and joint consultations at the level of the Committee of Ambassadors shall be completed within two further months;(iii) if the conclusion arrived at is not mutually acceptable, the matter shall be referred to the Council of Ministers;(iv) in the event that no mutually acceptable solution is adopted by the Council of Ministers, the Council will decide what other steps should be taken in order to resolve the differences identified in the consultations.DECLARATION 23.05.2000V Joint declaration relating to Protocol 1 on Article 7 of Annex V If special tariff treatment were to be applied by the ACP States to imports of products originating in the Community, including Ceuta and Melilla, the provisions of Protocol 1 would apply mutatis mutandis. In all other cases where the treatment applied to imports by the ACP States necessitates the provision of proof of origin, those States shall accept certificates of origin drawn up in accordance with the relevant international agreements.DECLARATION 23.05.2000VI Joint declaration relating to Protocol 1 of Annex V1. For the purposes of applying Article 12(2)(c) of the Protocol, the shipping certificate, issued in the first port of embarkation for the Community, shall be equivalent to the through bill of lading for products covered by movement certificates issued in landlocked ACP States.2. Products exported from landlocked ACP States which are warehoused elsewhere than in the ACP States or the countries and territories referred to in Annex III to the Protocol may be the subject of movement certificates issued under the circumstances referred to in Article 16 thereof.3. For the purposes of Article 15(4) of the Protocol, certificates EUR.1 issued by a competent authority and endorsed by the customs authorities will be accepted.4. In order to help ACP enterprises in their efforts to find new sources of supply with a view to benefiting to the maximum extent from the provisions of the Protocol as regards cumulation of origin, steps will be taken to ensure that the Centre for the Development of Enterprise provides assistance to ACP operators in the establisment of appropriate contacts with suppliers in the ACP States, the Community and the countries and territories, as well as to promote relations in the field of industrial co-operation among the operators concerned.DECLARATION 23.05.2000VII Joint declaration relating to Protocol 1 of Annex V on the origin of fishery products The Community acknowledges the right of the coastal ACP States to the development and rational exploitation of the fishery resources in all waters within their jurisdiction.The Contracting Parties agree that the existing rules of origin have to be examined in order to determine what possible changes may have to be made in the light of the first paragraph.Conscious of their respective concerns and interests, the ACP States and the Community agree to continue examining the problem posed by the entry, onto Community markets, of fishery products from catches made in zones within the national jurisdiction of the ACP States, with a view to arriving at a solution satisfactory to both sides. This examination will take place in the Customs Co-operation Committee, assisted, when necessary, by the appropriate experts, after entry into force of the Agreement. The results of this examination shall be submitted, within the first year of application of the Agreement, to the Committee of Ambassadors and, at the latest during the second year, to the Council of Ministers for their consideration with a view to arriving at a solution satisfactory to both sides.For the time being, as regards the processing of fishery products in the ACP States, the Community declares that it is willing to examine with an open mind requests for derogations from the rules of origin for processed products in this production sector based on the existence of compulsory landing requirements provided for in fishery agreements with third countries. The examination the Community is to make will take into account in particular the fact that the third countries concerned should ensure the normal market for such productions, following processing, insofar as the latter are not intended for national or regional consumption.DECLARATION 23.05.2000VIII Community declaration relating to Protocol 1 of Annex V on the extent of territorial waters The Community, recalling that the relevant acknowledged principles of international law restrict the maximum extent of territorial waters to 12 nautical miles, declares that it will take account of this limit in applying the provisions of the Protocol wherever the latter refers to this concept.DECLARATION 23.05.2000IX ACP declaration relating to Protocol 1 of Annex V on the origin of fishery products The ACP States reaffirm the point of view they expressed throughout the negotiations on the rules of origin in respect of fishery products and consequently maintain that following the exercise of their sovereign rights over fishery resources in the waters within their national jurisdiction, including the exclusive economic zone, as defined in the United Nations Convention on the Law of the Sea, all catches effected in those waters and obligatorily landed in ports of the ACP States for processing should enjoy originating status.DECLARATION XL Joint declaration on the application of the value tolerance rule in the tuna sectorThe European Community undertakes to implement adequate provisions to give full effect to the application in the tuna sector of the value tolerance rule, provided for in Article 4(2) of protocol 1 of Annex V To this end, the Community will submit by the date of signature of this Agreement the conditions under which the 15% non originating tuna may be used pursuant to this article.The Community proposal will specify how the method of calculation shall be based on the EUR 1 movement certificate.The two Parties agree, if difficulties arise in achieving the flexibility aimed at by the application of this method, to undertake a revision of the method after two years of its application.DECLARATION XLI Joint declaration on Article 6(11) of Protocol 1 of Annex VThe Community agrees to consider, in the light of Article 40 of Protocol 1, and on a case-by-case basis, any substantiated requests presented after the signing of the Agreement regarding textile products excluded from cumulation with neighbouring developing countries (Article 6(11) of Protocol 1).DECLARATION XLII Joint Declaration on rules of origin: cumulation with South AfricaThe ACP-EC Customs Co-operation Committee is prepared to examine as soon as possible any requests for cumulation of working and processing under Article 6(10) of Protocol 1 of Annex V coming from regional bodies representing a high level of regional economic integration.DECLARATION XLIII Joint declaration on annex 2 to Protocol 1 of Annex VIf in the application of the rules contained in Annex II, ACP States' exports are adversely affected, the Community will examine and, where necessary, adopt appropriate corrective measures to remedy the situation with a view to re-establishing the ex-ante situation (Decision 2/97 of theCouncil of Ministers).The Community has noted the requests made by ACP States on rules of origin in the context of the negotiations. The Community agrees to consider any substantiated requests for improvement of the rules of origin contained in Annex II in the light of Article 40 of Protocol 1 and on a case-by-case basis.