acp-ep partnership agreement

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Partnership AgreementACP-EC

Signed in Cotonou on 23 June 2000Revised in Luxembourg on 25 June 2005

EUROPEANCOMMISSION

DE-132

SEPT 2006

This brochure has been published in English and French by the European Commission, Directorate-General for Developmentand Relations with African, Caribbean and Pacific States.

A great deal of additional information on the European Union is available on the Internet. This can be accessed through the Europa server(http://europa.eu/)

Luxembourg, Office for Official Publications of the European Communities, 2006

ISBN: 92-79-00567-7

© European Communities, 2006Reproduction is authorised provided the source is acknowledged.

Printed in Belgium, September 2006

Partnership AgreementACP-ECSigned in Cotonou on 23 June 2000

Revised in Luxembourg on 25 June 2005

2005 revised edition | 3

LOUIS MICHEL

European Commissionerfor Development

and Humanitarian Aid

THE COTONOU AGREEMENT BENEFITS THE POOREST

The international development agenda: 5 years of the Cotonou Agreement

Much has happened since that historic moment on 23 June 2000 when

the ACP-EC Partnership Agreement was signed, marking the beginning

of a new era in the relationship between the ACP States and the European

Union. The strengthening of the international development agenda has

taken place against a background of an accelerated globalisation

process, a rise in international terrorism and conflicts in the poorest

countries, increased migratory flows and a rise in illicit trafficking and

global environmental threats.

Five years after the signature of the Cotonou Agreement the need for

progress in development is more pressing today than ever before.

The priority is, and remains, poverty eradication and sustainable develop-

ment. The European Union is the world’s largest aid donor, responsible for

55% of international aid, the biggest trading partner for the poorest coun-

tries, and a key actor in political dialogue, conflict prevention and crisis

management on a global scale. The Union is fully aware of its particular

responsibility in achieving the Millennium Development Goals and remains

firmly committed to strengthening its leadership role in development.

The Cotonou Agreement reflects a strong EU Commitmentto Development

In 2005, the EU undertook ambitious commitments to increase its aid

effort between now and 2010 and to improve the contribution of non aid

polices to the development agenda. The EU is engaged in an important

development agenda, which includes better alignment of development

policies to the MDG challenges, important growth in development as-

sistance, substantial trade policy contributions such as the “Everything

but Arms Initiative”, strengthened efforts to improve aid effectiveness

through greater donor harmonisation and coordination and a continued

2005 revised edition | 54 | Partnership Agreement ACP-EC

commitment to promoting effective multilateralism. Moreover, for the

first time in over 50 years of development cooperation, the new

Development Policy Statement, the “European Consensus on Development”

(approved by the Commission, European Parliament and Council) defines a

common framework, uniting Member States and the Community around

common development principles, values and objectives.

The Cotonou Agreement has often been hailed as an exemplary agree-

ment, serving as a model for other EU agreements with third parties. The

political dimension of the partnership plays a pivotal role and association

of civil society and other stakeholders has contributed to enhancing the

effectiveness of our cooperation. The key objective of developing a more

strategic common approach to poverty reduction must continue to be

steadily promoted. The social, economic, political, cultural and environ-

mental aspects of sustainable development are integrated throughout

the Agreement, reflecting the relevant international commitments taken

by EU and ACP partners. Moreover, in line with WTO requirements, steady

progress is being made on putting into place an innovative economic and

trade cooperation framework aimed at abolishing trade obstacles and

promoting the gradual integration of ACP countries into the global econ-

omy. Efficiency in financial cooperation must continue to improve greater

responsiveness in the framework of the programming process and

through improved capacity to respond to crises.

Towards a more effective political dialogue

The negotiation of the first five-year revision of the Agreement provided

a good opportunity to further improve and deepen the partnership.

Following 10 months of intense negotiations, a global agreement

was reached and the revised Agreement was signed on 25 June 2005

in Luxembourg.

The approach to the review process was first to consolidate the fundamen-

tal “acquis” of the Cotonou Agreement and second, to take stock and

improve the effectiveness and quality of the ACP-EC partnership.

Accordingly, the revision process has resulted in improved implementation

arrangements and the introduction of new security-related provisions.

The ACP States and the Union have agreed to further enhance the polit-

ical dimension of the partnership by means of a more systematic and

formal political dialogue based on the well established principles of

partnership and ownership. The amendments place greater emphasis

on an effective and results-orientated dialogue rendering the provisions

on good governance, human rights, democratic principles and the rule

of law more constructive and operational.

Agreement was reached to include a reference to cooperation in counter-

ing proliferation of weapons of mass destruction (WMD). This constitutes

a real break-through in the area of international relations, reflecting the

common commitment of 78 ACP countries and 25 EU Member States to

combating the proliferation of WMD. There was also agreement to include

a reference to the International Criminal Court and the Statute of Rome

which demonstrates partners’ common commitment to the institutions of

global governance. Furthermore, the revised agreement provides for a

clause which confirms ACP-EC international cooperation in the fight

against terrorism.

My personal commitment to development and my great appreciation of

the ACP-EC partnership have been enhanced by the positive and bene-

ficial cooperation I have experienced in the framework of the Cotonou

Agreement. I believe that this partnership will continue to play a key

role in helping us achieve the many challenges which lie ahead.


H.E. AMBASSADOR EVADNE COYE

Head of the Mission of Jamaica to the EC

Troïka Member Committee of Ambassadors Bureau

ACP Group

THE REVISED ACP-EC PARTNERSHIP AGREEMENT: PERSPECTIVES FOR THE FUTURE

In its projected lifespan of twenty years, the ACP-EC PartnershipAgreement will undergo a review process every five years to ensure it iskept updated and responsive to the global environment that frames ACP-EU relations. The first such review, completed at the Special Meeting of theACP-EC Council of Ministers convened for that purpose on 23 February,2005, took place within two years of the entry into force of the PartnershipAgreement. With the pace of ratification of the revised agreement likely tobe at least as slow as that of the original agreement, the second reviewmight well reflect an inadequate experience of the operationalization ofthe new commitments and procedures adopted by the Council. At the veryoutset, then, this article advocates the earliest possible ratification by bothEC and ACP States, in demonstration of the continuing significance of theirexemplary north-south partnership.

Political perspective

A motivating force in the ACP approach to the review process was theneed to forge an authentic spirit of partnership with the EC.Realistically, there would be no escaping the fact that the EC is the dom-inant partner. Still, the Cotonou Partnership Agreement provided astrong basis for the enhanced interaction that the ACP sought with theEC. It was logical, therefore, that their most important amendments tothe Agreement were aimed at strengthening their role in the EC’s politi-cal dialogue and consultations with members of the ACP Group. Thatstrengthened role would also facilitate intra-ACP political dialogue andheighten the relevance of ACP initiatives in the search for durable solu-tions to the conflicts that bedevil several members of the Group.

Across the thirty years of its existence, the contribution of the ACPGroup to conflict resolution within its membership has been minimal.Its first ever fact-finding mission to a country in conflict was in 2003,shortly after the Agreement entered into force. Since then, the movetowards conflict resolution and peace-building efforts has taken root,involving not only other missions to ACP countries, but also a more

meaningful role in the consultations between those countries and theEC. The revised Agreement provides the appropriate framework forACP-EC collaboration to help the countries concerned. Whereas theconsultations under the original Cotonou Agreement were viewed bythe ACP in general as punitive, the new framework allows the process tobe more about dealing with the root causes of conflicts and the estab-lishment of confidence-building measures, towards a lasting solution.

This is an area of the partnership where ACP peer-group initiatives canusefully underpin the EC’s mediatory actions. Greater benefits can begained from the combination of human and material resources, thanthrough separate action. However, this can only happen on the basis ofmutual trust and respect. The ACP will have to demonstrate that oursolidarity will neither cause us to deny nor ignore violations within ourmembership. The EC will have to acknowledge the capacity of the ACPfor real partnership in the search for peace and security within theGroup’s membership.

Security perspective

The issues which caused the greatest difficulty for the ACP during thenegotiations were the EC’s proposals in the realm of international secur-ity. Admittedly, the ACP was able to fairly easily negotiate the proposalfor joint commitment to the global fight against terrorism and the ECfairly readily accepted the ACP’s proposal for collaboration against mer-cenaries. However, there was prolonged debate on the EC’s proposals inrespect of the International Criminal Court and also for cooperationagainst the proliferation of weapons of mass destruction (WMD) tobecome an essential element of the Agreement. Consensus wasreached some might say, as a result of the EC’s status as dominant part-ner in the negotiations; others will state that what was at issue was notthe final objective (universality of the ICC and the non-proliferation ofWMD), but the means and that the amendments negotiated made themeans acceptable.

What is clear is that the EC has committed itself to a greater degree ofcooperation with the ACP. For example, collaboration in the fight againstterrorism commits both sides to information exchange on terroristgroups and their support networks. If this is to have any significance,that collaboration must include technological and other support for ACP


national and regional security systems. Additionally, for the agreementin respect of WMD to have any value, the EC has to make good its com-mitment that “Financial and technical assistance in the area of cooper-ation to counter the proliferation of weapons of mass destruction willbe financed by specific instruments other than those intended for thefinancing of ACP-EC Cooperation”. (Article 11b, paragraph 2)

Development perspective

The revision has not changed the centrality of the objective of povertyreduction, sustainable development and progressive integration ofACP states into the global economy. However, it identifies theMillennium Development Goals (MDGs) and the targets and principlesfor development set by United Nations Conferences, as the guidinglight for ACP-EC cooperation. It also introduces a new twist: the possi-bility for non-ACP developing countries in geographical proximity to --or in regional arrangements with -- ACP states to participate with suchstates in EC funded projects. This is in keeping with the EC’s own poli-cy of regionalising development cooperation. Implementation will be achallenge for the ACP Group, whose unity and solidarity must also facethe regionalization resulting from the Economic PartnershipAgreements (EPAs) to be concluded by the end of 2007.

ACP states expect that the changes in the rules and procedures govern-ing cooperation will permit greater efficiency and effectiveness indelivery and implementation. We are deeply concerned that for manyof our Group prospects for achieving the MDGs are bleak. It is thereforeessential that EC development support be not only adequate, includingfor the development-centred EPAs, but also contribute to the acceler-ated development of ACP states.


Françoise MOREAU

Head of Unit

Forward looking studies and policy coherence

European Commission

Directorate-General Development andRelations with African, Caribbean

and Pacific States

THE COTONOU AGREEMENT

Building on the experience of 30 years of ACP-EC partnership

The agreement, signed in Cotonou on 23 June 2000 for a period oftwenty years and revised in 2005, builds on the acquis of thirty years ofexperience. The successive Lomé Conventions had provided a uniquemodel of North/South relations, combining a negotiated system oftrade preferences and considerable amounts of aid. Yet the results hadbeen mixed. Evaluations of Community aid to the ACP countries oftendemonstrated that insufficient account had been taken of the institu-tional and policy context in the partner country, and this had too oftenundermined the viability and effectiveness of cooperation. The impactof non- reciprocal trade preferences had also proven disappointing. Therise in private direct investment flows to the developing countries overthe previous two decades had not benefited the majority of ACP coun-tries. Although the farsightedness and the contractual nature of theLomé Conventions were acquis worth preserving, there was also anobvious need to adapt to international and regional developments. Therise in poverty in a number of countries, demographic development andenvironmental pressures meant that objectives and cooperation prac-tices needed to be substantially reviewed.

The Cotonou Agreement tried to provide responses to these challenges.It was elaborated following a broad public consultation launched in1996 on the basis on the Commission Green Paper on the future of rela-tions between the European Union and the ACP countries. Wide-rangingpublic debate made it possible to assess the expectations and changesneeded to bring a new dynamic to these relations and create a modern,authentic and efficient partnership.

The partnership reflects an evolution of the political dimension.Dialogue plays a key role in the success of development cooperationactivities, and the political dimension of poverty-reduction strategiesand sustainable is henceforth acknowledged to be an integral part ofdevelopment processes. The first revision of the Agreement has beenan opportunity to further strengthening the provisions on the politicaldialogue.

The ACP-EC partnership also aims at promoting increased participationof civil society, the private sector and the economic and social actors.

This approach is inherent to the consolidation of democracy, and canimprove the effectiveness and viability of cooperation policies. In therevised version of the Agreement this participatory dimension has alsobeen further defined.

The Cotonou Agreement (2000)The ACP-EC partnership makes a clear link between the political dimen-sion, trade and development. It is based on five pillars:

• reinforcement of the political dimension of relations between ACPcountries and the European Union;

• involvement of civil society, the private sector and other non-Stateplayers;

• poverty reduction, confirmed as a key objective within the context ofthe objectives and targets agreed at international level (in particularthe Millennium Development Goals);

• an innovative economic and trade cooperation framework;• rationalisation of financial instruments and a system of flexible

programming.

The agreement was concluded for twenty years, with a clause allowingfor revision every five years and a financial protocol for each five-yearperiod. As regards the trade agreements, a specific timetable wasagreed between the parties, anticipating the various stages leading tothe effective setting-up of the new arrangements. Certain aspects ofthe Agreement, particularly the sectoral policy guidelines defined in a“Compendium” or the procedures for implementing financial assistancecontained in the annexes, can be adapted on a regular basis if neces-sary. The ACP-EC council of Ministers, which in principle meets once a yearis responsible for adaptations. This approach embodies the dynamicnature of the partnership and provides for greater flexibility in the cooper-ation system.

The revised Cotonou Agreement (2005)The Cotonou Agreement contains a revision clause (article 95) whichforesees that the Agreement can be adapted every five years (with theexception of the economic and trade provisions, for which there is aspecial review procedure). In accordance with Article 95, at the end ofFebruary 2004, EC and ACP partners notified the provisions of theAgreement they wished to amend. The negotiations were launched atthe ACP-EC Council of Ministers in Gaborone in May 2004 and were con-cluded at a ministerial meeting in Brussels on 23 February 2005. Therevised Agreement was signed in Luxembourg on 25 June 2005.


The revision process did not call into question the fundamental acquis ofthe Cotonou Agreement. The objectives were rather to enhance the effect-iveness and quality of the ACP-EC partnership, to ensure its consistencywith the new international agenda for development, to further deepen thepolitical dimension of the partnership and to broaden the cooperationframework in order to include new important security issues. The revisedprovisions can be broadly grouped under four headings: the politicaldimension and security issues, development strategies, InvestmentFacility and implementation and management procedures.

Significant evolutions in the Agreement: from Cotonou 2000 to the revision of 2005

– The initial political dimension (2000)

Regular political dialogue should promote the consistency and relevanceof ACP-EC cooperation strategies and make it possible to address allissues of mutual interest. Important matters such as peace-building andconflict-prevention policies, and migration, were deliberately introducedinto the Agreement in 2000. Respect for human rights, democratic prin-ciples, the rule of law, and good governance are subjects for regular dia-logue where regional and sub-regional organisations and representativesof civil society can be associated. The Joint Parliamentary Assembly iscalled upon to play a particularly important role in such areas.Consultation procedures are envisaged in the event of violation of humanrights, democratic principles and the rule of law, or in serious cases ofcorruption.

– The political dimension: enlarged to include security issues (2005)

The political dimension

The revised Agreement makes provision for a more systematic and for-mal dialogue under article 8 in relation to the three essential elements(human rights, democratic principles and the rule of law). Furthermore,this dialogue must now be held before the consultation procedureunder Article 96 can be launched - except in cases of special urgency.Representatives of the ACP Group and of the Joint ParliamentaryAssembly may henceforth take part in the political dialogue providedfor under Article 8. These provisions are complemented by a newAnnexe VII setting out detailed modalities for the structured dialogue.

In keeping with the preventive nature of the dialogue provided for underArticle 8, a formal, structured dialogue must now be held with eachcountry. Annexe VII lays down detailed modalities for this dialogue:

• it provides for joint drawing-up of benchmarks and targets for humanrights, democratic principles and the rule of law;

• these benchmarks and targets must be based on the internationalstandards laid down by the instruments referred to in the preamble(Universal Declaration of Human Rights, agreements on civil andpolitical, economic, social and cultural rights, the Convention on theRights of the Child, the Convention on the Elimination of All Forms ofDiscrimination against Women, the Convention on the Elimination ofall Forms of Racial Discrimination, etc.);

• these benchmarks and objectives must take account of the particularcircumstances in each country (economic, political and social context).

This structured dialogue should lead to greater transparency andshould strengthen the efficiency of political dialogue as a preventivetool. It should result in commitments with regard to intermediate object-ives and implementation timelines. An in-depth dialogue of this kindrequires regular contacts and must continue over a sufficiently longperiod to enable progress to be measured against the commitmentsundertaken. If, at the end of the formal dialogue, one party believes thatthe other has failed to respect an essential obligation, it can invoke theconsultation procedure and, if necessary, the appropriate measuresprovided for under Article 96. The time-frames for consultations underArticles 96 and 97 have also been extended.

Security issues

ACP-EC partners agreed on the introduction of three security-relatedprovisions into the Agreement. This includes a reference to cooperationin countering proliferation of weapons of mass destruction (WMD)(Article 11b). The provision calls for full compliance with and nationalimplementation of existing international obligations, as an essentialelement of the Cotonou Agreement. The provision also contains: (1) astatement that additional financial and technical assistance will begranted for cooperation on non-proliferation of WMD and that this willnot be funded from resources intended for ACP-EC development cooper-ation; (2) a statement specifying that the timetable for such measureswill be tailored to the specific circumstances in each country and (3) aprovision whereby compliance with non-proliferation measures must be


assessed in particular on the basis of reports produced by the relevantmultilateral institutions.

Partners also agreed to inclusion of a provision on the InternationalCriminal Court and the Statute of Rome in the preamble as well as in thetext of the Agreement (Article 11 §6).

Furthermore, the revised Agreement includes a clause which confirms part-ners’ international cooperation in the fight against terrorism (Article 11a) anda provision relating to the prevention of mercenary activities (Article 11§3a).

– Civil society and the participatory approach (2000)

The general provisions aim to promote the involvement of civil societyand economic and social players within the context of the partnership.They stress the need for information; support for capacity building; theprinciple of consultation of non-state players on reforms and economic,social and institutional policies to be supported by the Community;involvement of non-State actors in the implementation of programmesand projects; and the encouragement of networking and strengtheningof links between ACP and EC actors.

– 2005 Revision: deepening of participatory approaches

The revision related to: • Non-state actors: insertion of provisions to facilitate non-state actor

access to indicative programme resources, under a strategy to beapproved by the Commission and the ACP State concerned. Theseactors can benefit directly from financing via grant contracts drawn upbetween the Commission and the body in question. This will applyprovided that the types of non-state actors and the type of activitiesto be supported are identified in the country strategy paper (AnnexeIV, Articles 4 and 58);

• Local authorities : insertion of a provision aiming at involving them inthe consultation processes and in the implementation of programmes(Article 4);

– Development strategies: focus on poverty reduction (2000)

The partnership is centred on the objective of reducing and, in the longterm, eradicating poverty, in line with the objectives of sustainabledevelopment and progressive integration of the ACP countries into the

global economy. The Agreement defines a general strategic frameworkreflecting international commitments and simultaneously taking intoaccount the political, economic, social, cultural and environmental compo-nents of development. In contrast to previous Conventions, the CotonouAgreement defines a global strategy for development which requires theCommunity, Members States and ACP partners to work together to estab-lish a consolidated and operational cooperation framework. This includesqualitative and quantitative indicators to allow systematic evaluation ofresults.

This approach takes into account the complexity and multi-dimensionalnature of poverty. It concentrates on three priority areas of cooperation:economic development; social and human development; and regionalintegration and cooperation. In all these areas it envisages the systematicconsideration of three cross-cutting themes: gender equality, sustainablemanagement of the environment and natural resources; and institutionaldevelopment and capacity-building. This approach means that prioritiesare established on a country-by-country basis. Country and regionalcooperation strategies are the subjects of regular reports and are reviewedon a regular basis.

– Development strategies: the results of the revision (2005)

ACP and EC partners proposed a series of amendments relating to sec-toral strategies and agreement was reached on all the proposals. Thisincluded, in particular, specific references to the following elements:

• Millennium Development Goals: inclusion of a reference to the MDGsin the preamble of the Agreement which reaffirms partners’ commit-ment to those goals (see annexe);

• Social sector: inclusion of a reference to the promotion of the fightagainst poverty-related diseases and protection of sexual and repro-ductive health and rights of women (article 25);

• Regional Cooperation (articles 28, 29, 30, 58, annexe IV): simplifica-tion of procedures to request intra-ACP financing and facilitation ofcooperation between ACP States and other developing countries onthe basis of reciprocity;

• Information and communication technologies: introduction of a provi-sion on the development and use of local content for ICTs (article 43);

• Youth: promotion of the participation of young people in public lifeand encouragement of exchanges and interaction between ACP andEU youth organisations (article 26);


• Traditional knowledge: promotion of traditional knowledge as part ofsectoral economic development (article 23);

• Island ACP States: strengthening of existing provisions on island ACPStates, emphasising their increased vulnerability brought about neweconomic, social and ecological challenges and promoting a har-monised approach in this respect (article 89).

– The trade framework

Within the context of the Lomé convention, trade cooperation was basedessentially on preferential tariffs. Under the Cotonou Agreement, eco-nomic and trade cooperation consists of a more complete set of arrange-ments. The EC and the ACP counties agreed on an approach which aimsto establish new trade agreements leading to the liberalisation of tradebetween the parties and which includes cooperation in trade relatedareas, such as competition policy, the protection of intellectual povertyrights, standardisation and certification, sanitary and phytosanitary meas-ures, respect for labour standards, and consumer policy. The Agreementalso includes provisions for ACP-EC cooperation in international fora.

The objective of economic and trade cooperation is to promote the pro-gressive integration of the ACP countries into the global economy, byenhancing production and the capacity to attract investment, andensuring conformity with WTO provisions, whilst taking account ofrespective development constraints. The strategy adopted establishesa clear link between development aid, particularly support for modern-isation of the economy, for adjustment needs and for social policies onthe one hand, and the setting-up of a regulatory and trade-policy frame-work to favour the development of trade and private investment on theother. The ACP-EC Agreement aims to support the mutually reinforcingeffects of economic and trade cooperation and development aid.

As regards modalities and procedures, the ACP-EC agreement foreseesthe introduction of new trade agreements after a preparatory eight-year period during which the Lomé trade regime is maintained. Formalnegotiation of EPAs at the level of all ACP countries started inSeptember 2002. Since October 2003 regional negotiations with thesix regions (West Africa, Central Africa, Eastern and Southern Africa,the Southern African Development Community, Caribbean, & Pacific)have been progressively launched. Joint roadmaps or plans and sched-ules were developed with each region to outline the expected courseof the negotiations. The new trade agreements should enter into forcein January 2008 at the latest. The liberalisation of trade will be

achieved asymmetrically to give more time to ACP countries duringtransitional periods still to be determined, but which must take intoaccount the development and adjustment needs of the ACP countrieswhilst respecting WTO rules.

The Community has undertaken to liberalise practically all imports ofproducts originating from the LDCs. In February 2001, the Council adopt-ed the ’Everything But Arms’ Regulation granting duty-free access toimports of all products from LDCs without any quantitative restrictions,except for arms and munitions. Only imports of fresh bananas, rice andsugar are not fully liberalised immediately. Duties on those products willbe gradually reduced until duty free access is granted for bananas inJanuary 2006, for sugar in July 2009 and for rice in September 2009. Inthe meantime, there will be duty free tariff quotas for rice and sugar.

– Financial cooperation: instruments and programming (2000)

In 2000, the instruments of the European development fund (EDF) wereregrouped and rationalised. All available EDF resources are now chan-nelled via two instruments: one envelope which groups together all non-reimbursable aid, and one envelope providing risk capital and loans with aview to supporting the development of the private and commercially runpublic sector through an investment facility managed by the EuropeanInvestment Bank (EIB). The envelope of non-reimbursable aid comprises aprogrammable part and a part for unforeseen needs which allows for themobilisation of supplementary resources within the framework of theCommunity Support Strategy and of the Indicative Programme. A systemof flexible programming with regular reviews allows the support strategyto be periodically adapted as the situation in the country or region evolves.The consolidation of the various EDFs in 2000 made it possible to avoidparallel programming systems.

The use of budget support - general or for specific sectors - is beingencouraged where conditions allow. This aid modality best respects theprimary responsibility of the partner country in the developmentprocess (ownership) and facilitates harmonisation and alignment.

The allocation of resources is based on an assessment of needs andpolicy performance. Five-yearly financial envelopes are defined on anindicative basis. A review of the support strategy, at mid-term and at theend of the period for application of the financial protocol, may also


involve adaptation of the level of resources allocated to each country orregion on the basis of needs and performance. The revised CotonouAgreement gives further opportunities to revise allocations in order torespond to special needs or exceptional performance. This approachmakes it possible to provide more effective support to efforts at reformin certain countries, and to prevent resources being frozen in others.Such flexibility has been further increased in the revised CotonouAgreement in 2005.

The involvement of Non-State Actors through dialogue and consultationon development cooperation strategies and through their activeparticipation in the implementation of cooperation programmes is aclearly established principle in the Cotonou Agreement.

Regional programmes are also subject to a flexible programmingsystem and are re-examined at mid-term and at the end of the 5-yearperiod. Particular account is taken of progress made and prospects forfuture regional cooperation and integration.

– The revised implementation and management procedures (2005)

A number of amendments were introduced with the threefold objectiveof simplification, clarification and harmonisation, while preserving thefundamental acquis of the Cotonou Agreement. At the ministerial con-ference concluding the negotiations on the revision of the CotonouAgreement, it was decided that the Joint Council will finalise discus-sions and take a decision on the updating and renewed harmonisationof the procurement procedures and of the implementing arrangementsfor the instrument for financing short-term fluctuations in export earn-ings (FLEX). The revised provisions include:

• Greater flexibility in the allocation of resources; in particular, thisimplies to maintain a larger reserve when resources are allocated andthe possibility of increasing the amounts in national and regionalenvelopes other than through the reviews planned for that purpose, inthe light of special needs, exceptional performance, or to coverinternational initiatives of benefit to the ACP countries (Annexe IV,Articles 3, 9, 12);

• Financial management in crisis or conflict situations; possibility to allowthe Commission to directly manage resources for policies to promotepeace and to manage and settle conflicts, including post-conflict support,until normal conditions have been restored (Annexe IV, Article 4);

the basis of Community estimates. This minimum aid effort is guaran-

teed without prejudice to the eligibility of ACP states’ for additional

resources under other financial instruments which already exist or may

yet be created.

At the European Council of 16 December 2005, the EDF 9 successor

was agreed. Cooperation with the ACP countries will be allocated

€22,682 million in current prices for the period 2008-2013.

• Support for initiatives on untying of aid; in particular in the frameworkof ACP cooperation and regional integration efforts (Annexe IV, Articles6, 14, 20);

• Reformulation of the responsibilities of managing and executingagents; strengthening the strategic role of the national authorisingofficer; rewording of the texts relating to the internal organisation ofthe Commission, which is prone to change regularly in the context ofthe devolution process (Annexe IV, Articles 34, 35, 36);

• A number of changes aimed at simplifying procedures;

• Financing devolution; the purpose of the new provision is to enable €90 million of intra-ACP cooperation resources to fund devolution in2006-07 (Annexe I §9).

– Investment Facility: improvements (2005)

In order to make implementation of the investment Facility more flexible

and more effective, a number of changes were made concerning the

conditions attached to loans and interest-rate subsidies, exchange-

rate-risk-sharing and repayments to the Bank. In addition, as is the case

for resources managed by the Commission, the investment facility is

now subject to a joint performance review half-way through (mid-term)

and at the end of the financial protocol.

– Initial financial resources (2000)

A significant volume of financial resources had been earmarked for the

first multi-annual period to support development strategies in the ACP

countries: €13.5 billion for the 9th EDF, plus €9.9 billion in remaining bal-

ances from previous EDFs at the end of 1999, ie a total of €23.5 billion

for the period 2000-2007, plus an additional amount up to €1.7 billion

from the EIB’s own resources.

– The new Multi-annual Financial Framework (2005)

At the final ministerial conference, the parties reached a preliminary

conclusion on the post 9th EDF multi-annual financial framework for

cooperation (Annexe Ia). The Community committed to maintaining its

aid effort to the ACP countries at least at the level of the 9th EDF, not

including balances and adding the effects of inflation, growth within the

European Union and enlargement to 10 new Member States in 2004, on


MILLENNIUM DEVELOPMENT GOALS, TARGETS AND INDICATORS (MDGS)


Goals and Targets(from the Millennium

Declaration)

Target 1: Halve, between 1990 and 2015,the proportion of people whoseincome is less than one dollar aday

Target 2: Halve, between 1990 and 2015,the proportion of people who suf-fer from hunger

Target 3: Ensure that, by 2015, childreneverywhere, boys and girlsalike, will be able to complete afull course of primary schooling

Target 4: Eliminate gender disparity inprimary and secondary educa-tion, preferably by 2005, and inall levels of education no laterthan 2015

Target 5: Reduce by two-thirds, between1990 and 2015, the under-fivemortality rate

Target 6: Reduce by three-quarters,between 1990 and 2015, thematernal mortality ratio

Goal 1. Eradicate extreme poverty and hunger

Goal 2. Achieve universal primary education

Goal 3. Promote gender equality and empower women

Goal 4. Reduce child mortality

Goal 5. Improve maternal health

Goal 6. Combat hiv/aids, malaria and other diseases

Indicators for monitoring progress

1. Proportion of population below $1 (PPP)per day

2. Poverty gap ratio [incidence x depth ofpoverty]

3. Share of poorest quintile in nationalconsumption

4. Prevalence of underweight childrenunder-five years of age

5. Proportion of population below minimumlevel of dietary energy consumption

6. Net enrolment ratio in primary education7. Proportion of pupils starting grade 1 who

reach grade 58. Literacy rate of 15-24 year-olds

9. Ratios of girls to boys in primary,secondary and tertiary education

10. Ratio of literate women to men,15-24 years old

11. Share of women in wage employmentin the non-agricultural sector

12. Proportion of seats held by women innational parliament

13. Under-five mortality rate14. Infant mortality rate15. Proportion of 1 year-old children

immunised against measles

16. Maternal mortality ratio17. Proportion of births attended by skilled

health personnel


Declaration)

Target 7: Have halted by 2015 and begunto reverse the spread of HIV/ AIDS

Target 8: Have halted by 2015 and begunto reverse the incidence of malariaand other major diseases

Target 9: Integrate the principles of sus-tainable development intocountry policies and pro-grammes and reverse the loss ofenvironmental resources

Target 10: Halve, by 2015, the proportionof people without sustainableaccess to safe drinking waterand basic sanitation

Target 11: By 2020, to have achieved a sig-nificant improvement in the lives ofat least 100 million slum dwellers


18. HIV prevalence among pregnantwomen aged 15-24 years

19. Condom use rate of the contraceptiveprevalence rate

19a. Condom use at last high-risk sex19b. Percentage of population aged

15-24 years with comprehensivecorrect knowledge of HIV/AIDS

19c. Contraceptive prevalence rate20. Ratio of school attendance of

orphans to school attendance of non-orphans aged 10-14 years

21. Prevalence and death rates associ-ated with malaria

22. Proportion of population in malaria-risk areas using effective malaria pre-vention and treatment measures

23. Prevalence and death rates associa-ted with tuberculosis

24. Proportion of tuberculosis cases detectedand cured under directly observed treat-ment short course DOTS (Internationallyrecommended TB control strategy)

25. Proportion of land area covered by forest26. Ratio of area protected to maintain

biological diversity to surface area27. Energy use (kg oil equivalent) per

$1 GDP (PPP)28. Carbon dioxide emissions per capita

and consumption of ozone depletingCFCs (ODP tons)

29. Proportion of population using solid fuels30. Proportion of population with sus-

tainable access to an improved watersource, urban and rural

31. Proportion of population with accessto improved sanitation, urban andrural

32. Proportion of households with accessto secure tenure

22 | Partnership Agreement ACP-EC

Goal 7. Ensure environmental sustainability

The Millennium Development Goals and targets come from the Millennium Declaration,signed by 189 countries, including 147 heads of State and Government, in September 2000.The goals and targets are interrelated and should be seen as a whole. They represent a part-nership between the developed countries and the developing countries “to create an envi-ronment - at the national and global levels alike - which is conducive to development andthe elimination of poverty”.



Declaration)

Target 12: Develop further an open, rule-based, predictable, non-dis-criminatory trading and financialsystem

Includes a commitment to good governance, development andpoverty reduction - both nationallyand internationally.

Target 13: Address the special needs ofthe least developed countries

Includes: tariff and quota free accessfor the least developed countries’exports; enhanced programme of debt relief for heavily indebted poorcountries (HIPC) and cancellation ofofficial bilateral debt; and more generous ODA for countries committed to poverty reduction.

Target 14: Address the special needs of land-locked developing countries andsmall island developing States

(through the Programme of Action for the Sustainable Development ofSmall Island Developing States andthe outcome of the twenty-secondspecial session of the GeneralAssembly).

Target 15: Deal comprehensively with thedebt problems of developingcountries through national andinternational measures in orderto make debt sustainable in thelong term


Some of the indicators listed below aremonitored separately for the least devel-oped countries (LDCs), Africa, landlockeddeveloping countries and small islanddeveloping States

Official development assistance (ODA)33. ANet ODA, total and to the least devel-

oped countries, as percentage of OECD/DAC donors’ gross national income

34. Proportion of total bilateral, sector-allocable ODA of OECD/DAC donors tobasic social services (basic educa-tion, primary health care, nutrition,safe water and sanitation)

35. Proportion of bilateral official devel-opment assistance of OECD/DACdonors that is untied

36. ODA received in landlocked develop-ing countries as a proportion of theirgross national incomes

37. ODA received in small island develop-ing States as a proportion of theirgross national incomes

Market access38. Proportion of total developed country

imports (by value and excluding arms)from developing countries and least devel-oped countries, admitted free of duty

39. Average tariffs imposed by developedcountries on agricultural products andtextiles and clothing from developingcountries

40. Agricultural support estimate for OECDcountries as a percentage of their grossdomestic product

41. Proportion of ODA provided to helpbuild trade capacity

Debt sustainability42. Total number of countries that have

reached their HIPC decision points andnumber that have reached their HIPCcompletion points (cumulative)

43. Debt relief committed under HIPCInitiative

44. Debt service as a percentage of exportsof goods and services


Declaration)

Target 16: In cooperation with developingcountries, develop and imple-ment strategies for decent andproductive work for youth

Target 17: In cooperation with pharmaceut-ical companies, provide accessto affordable essential drugs indeveloping countries

Target 18: In cooperation with the privatesector, make available the benefitsof new technologies, especiallyinformation and communications


45. Unemployment rate of young peopleaged 15-24 years, each sex and total

46. Proportion of population with accessto affordable essential drugs on asustainable basis

47. Telephone lines and cellular sub-scribers per 100 population

48. Personal computers in use per 100population Internet users per 100population

Goal 8. Develop a global partnership for development


LIST OF COUNTRIES SIGNATORIES OF

THE ACP-EC AGREEMENT AMENDING

THE PARTNERSHIP AGREEMENT


IN LUXEMBOURGON 25 JUNE 2005

Information for readers

The blue pages contain the list of counties which have signed the ACP-EC Agreement amending the Partnership Agreement of 25 June 2005;the yellow pages, the consolidated text of the Agreement; the green pages, the annexes and protocols, and the grey pages, the Final Act.The modifications are in red.

Please note that only the text of the Agreement amending the PartnershipAgreement published in the paper edition of the Official Journal of the EuropeanCommunities is deemed authentic.

O.J. L 317, 15 December 2000O.J. L 297, 22 September 2004O.J. L 209, 11 August 2005O.J. L 287, 28 October 2005O.J. L 247, 09 September 2006

THE PRESIDENT OF THE REPUBLIC OFCAPE VERDE,

THE PRESIDENT OF THE CENTRALAFRICAN REPUBLIC,

THE PRESIDENT OF THE ISLAMICFEDERAL REPUBLIC OF THE COMOROS,

THE PRESIDENT OF THE DEMOCRATICREPUBLIC OF CONGO,

THE PRESIDENT OF THE REPUBLIC OFCONGO,

THE GOVERNMENT OF THE COOKISLANDS,

THE PRESIDENT OF THE REPUBLIC OFCÔTE D’IVOIRE,

THE PRESIDENT OF THE REPUBLIC OFDJIBOUTI,

THE GOVERNMENT OF THECOMMONWEALTH OF DOMINICA,

THE PRESIDENT OF THE DOMINICANREPUBLIC,

THE PRESIDENT OF THE STATE OFERITREA,

THE PRESIDENT OF THE FEDERALDEMOCRATIC REPUBLIC OF ETHIOPIA,

THE PRESIDENT OF THE SOVEREIGNDEMOCRATIC REPUBLIC OF FIJI,

THE PRESIDENT OF THE GABONESEREPUBLIC,

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

THE PRESIDENT OF THE REPUBLIC OFGHANA,

HER MAJESTY THE QUEEN OF GRENADA,

THE PRESIDENT OF THE REPUBLIC OFGUINEA,

THE PRESIDENT OF THE REPUBLIC OFGUINEA-BISSAU,

THE PRESIDENT OF THE REPUBLIC OFEQUATORIAL GUINEA,

THE PRESIDENT OF THE REPUBLIC OFGUYANA,

THE PRESIDENT OF THE REPUBLIC OFHAITI,

THE HEAD OF STATE OF JAMAICA,

THE PRESIDENT OF THE REPUBLIC OFKENYA,

THE PRESIDENT OF THE REPUBLIC OFKIRIBATI,

HIS MAJESTY THE KING OF THEKINGDOM OF LESOTHO,

THE PRESIDENT OF THE REPUBLIC OFLIBERIA,

THE PRESIDENT OF THE REPUBLIC OFMADAGASCAR,

THE PRESIDENT OF THE REPUBLIC OFMALAWI,

THE PRESIDENT OF THE REPUBLIC OF MALI,

THE GOVERNMENT OF THE REPUBLIC OFTHE MARSHALL ISLANDS,

THE PRESIDENT OF THE ISLAMICREPUBLIC OF MAURITANIA,

THE PRESIDENT OF THE REPUBLIC OFMAURITIUS,

THE GOVERNMENT OF THE FEDERATEDSTATES OF MICRONESIA,

THE PRESIDENT OF THE REPUBLIC OFMOZAMBIQUE,

THE PRESIDENT OF THE REPUBLIC OFNAMIBIA,

THE GOVERNMENT OF THE REPUBLIC OFNAURU,


HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE CZECH REPUBLIC,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERALREPUBLIC OF GERMANY,

THE PRESIDENT OF THE REPUBLIC OFESTONIA,

THE PRESIDENT OF THE HELLENICREPUBLIC,

HIS MAJESTY THE KING OF SPAIN,

THE PRESIDENT OF THE FRENCHREPUBLIC,

THE PRESIDENT OF IRELAND,

THE PRESIDENT OF THE ITALIANREPUBLIC,

THE PRESIDENT OF THE REPUBLIC OFCYPRUS,

THE PRESIDENT OF THE REPUBLIC OFLATVIA,

THE PRESIDENT OF THE REPUBLIC OFLITHUANIA,

HIS ROYAL HIGHNESS THE GRAND DUKEOF LUXEMBOURG,

THE PRESIDENT OF THE REPUBLIC OFHUNGARY,

THE PRESIDENT OF MALTA,

HER MAJESTY THE QUEEN OF THENETHERLANDS,

THE FEDERAL PRESIDENT OF THEREPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE REPUBLIC OFPOLAND,

THE PRESIDENT OF THE PORTUGUESEREPUBLIC,

THE PRESIDENT OF THE REPUBLIC OFSLOVENIA,

THE PRESIDENT OF THE SLOVAKREPUBLIC,

THE PRESIDENT OF THE REPUBLIC OFFINLAND,

THE GOVERNMENT OF THE KINGDOM OFSWEDEN,

HER MAJESTY THE QUEEN OF THEUNITED KINGDOM OF GREAT BRITAINAND NORTHERN IRELAND,

Contracting Parties to the Treatyestablishing the European Community,hereinafter referred to as "the Community", the States of theCommunity being hereinafter referred to as "Member States", and

THE EUROPEAN COMMUNITY,

of the one part, and

THE PRESIDENT OF THE REPUBLIC OFANGOLA,

HER MAJESTY THE QUEEN OF ANTIGUAAND BARBUDA,

THE HEAD OF STATE OF THECOMMONWEALTH OF THE BAHAMAS,

THE HEAD OF STATE OF BARBADOS,

HER MAJESTY THE QUEEN OF BELIZE,

THE PRESIDENT OF THE REPUBLIC OFBENIN,

THE PRESIDENT OF THE REPUBLIC OFBOTSWANA,

THE PRESIDENT OF BURKINA FASO,

THE PRESIDENT OF THE REPUBLIC OFBURUNDI,

THE PRESIDENT OF THE REPUBLIC OFCAMEROON,


CONSIDERING that Article 95(1) of theCotonou Agreement lays down that theduration of the Agreement shall betwenty years, starting on 1 March 2000,

CONSIDERING that the secondsubparagraph of Article 95(3) of theCotonou Agreement provides that tenmonths before the expiry of each five-year period, the Parties shall enter intonegotiations with a view to examiningany possible amendments to theprovisions of the Cotonou Agreement,

HAVE DECIDED to sign this Agreementamending the Cotonou Agreement and tothis end have designated as theirPlenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS,Armand DE DECKERMinister for Development Cooperation

THE PRESIDENT OF THE CZECH REPUBLIC,Vladimir A. CHIZHOVDeputy Minister for Foreign Affairs

HER MAJESTY THE QUEEN OF DENMARK,Ib Ritto ANDREASENAmbassador to Luxembourg

THE PRESIDENT OF THE FEDERALREPUBLIC OF GERMANY,Erich STATHERState Secretary, Federal Ministry forEconomic Cooperation and Development

Dorothee JANETZKE-WENZELHead of African Politics, Ministry ofForeign Affairs

THE PRESIDENT OF THE REPUBLIC OFESTONIA,Väino REINARTAmbassador Extraordinary andPlenipotentiary, Permanent Representative to theEuropean Union

THE PRESIDENT OF THE HELLENICREPUBLIC,Constantin KARABETSISAmbassador, Director General forInternational Development Cooperation,Ministry of Foreign Affairs

HIS MAJESTY THE KING OF SPAIN,Alberto NAVARRO GONZALEZState Secretary for the European Union

THE PRESIDENT OF THE FRENCHREPUBLIC,Brigitte GIRARDINMinister with responsibility forCooperation, Development and theFrench-speaking World

THE PRESIDENT OF IRELAND,Ronan MURPHYDirector General, DevelopmentCooperation Directorate, Department ofForeign Affairs

THE PRESIDENT OF THE ITALIANREPUBLIC,Rocco Antonio CANGELOSIAmbassador Extraordinary andPlenipotentiary,Permanent Representative to theEuropean Union

THE PRESIDENT OF THE REPUBLIC OFCYPRUS,Nicholas EMILIOUAmbassador Extraordinary andPlenipotentiary,Permanent Representative to theEuropean Union

THE PRESIDENT OF THE REPUBLIC OFLATVIA,Lelde LICE-LICITEAmbassador, Deputy PermanentRepresentative to the EU,Counsellor of Education and Culture

THE PRESIDENT OF THE REPUBLIC OFLITHUANIA,Rokas BERNOTASDirector of the Department of MultilateralRelations of the Ministry of ForeignAffairs

HIS ROYAL HIGHNESS THE GRAND DUKEOF LUXEMBOURG,Jean-Louis SCHILTZMinister for Cooperation andHumanitarian Action,Minister with responsibility forCommunications


THE PRESIDENT OF THE REPUBLIC OFNIGER,

THE PRESIDENT OF THE FEDERALREPUBLIC OF NIGERIA,

THE GOVERNMENT OF NIUE,

THE GOVERNMENT OF THE REPUBLIC OFPALAU,

HER MAJESTY THE QUEEN OF THEINDEPENDENT STATE OF PAPUA NEWGUINEA,

THE PRESIDENT OF THE RWANDESEREPUBLIC,

HER MAJESTY THE QUEEN OF SAINTKITTS AND NEVIS,

HER MAJESTY THE QUEEN OF SAINT LUCIA,

HER MAJESTY THE QUEEN OF SAINTVINCENT AND THE GRENADINES,

THE HEAD OF STATE OF THEINDEPENDENT STATE OF SAMOA,

THE PRESIDENT OF THE DEMOCRATICREPUBLIC OF SÃO TOMÉ AND PRÍNCIPE,

THE PRESIDENT OF THE REPUBLIC OFSENEGAL,

THE PRESIDENT OF THE REPUBLIC OFSEYCHELLES,

THE PRESIDENT OF THE REPUBLIC OFSIERRA LEONE,

HER MAJESTY THE QUEEN OF SOLOMONISLANDS,

THE PRESIDENT OF THE REPUBLIC OFSOUTH AFRICA,

THE PRESIDENT OF THE REPUBLIC OFTHE SUDAN,

THE PRESIDENT OF THE REPUBLIC OFSURINAME,

HIS MAJESTY THE KING OF THEKINGDOM OF SWAZILAND,

THE PRESIDENT OF THE UNITEDREPUBLIC OF TANZANIA,

THE PRESIDENT OF THE REPUBLIC OFCHAD,

THE GOVERNMENT OF THE DEMOCRATICREPUBLIC OF TIMOR-LESTE,

THE PRESIDENT OF THE TOGOLESEREPUBLIC,

HIS MAJESTY KING TAUFA’AHAU TUPOU IV OF TONGA,

THE PRESIDENT OF THE REPUBLIC OFTRINIDAD AND TOBAGO,

HER MAJESTY THE QUEEN OF TUVALU,

THE PRESIDENT OF THE REPUBLIC OFUGANDA,

THE GOVERNMENT OF THE REPUBLIC OFVANUATU,

THE PRESIDENT OF THE REPUBLIC OFZAMBIA,

THE GOVERNMENT OF THE REPUBLIC OFZIMBABWE,

whose States are hereinafter referred toas "ACP States",

of the other part,

HAVING REGARD to the Treatyestablishing the European Community, on the one hand, and the GeorgetownAgreement establishing the Group ofAfrican, Caribbean and Pacific States(ACP), on the other,

HAVING REGARD to the PartnershipAgreement between the members of the African, Caribbean and Pacific Groupof States, of the one part, and theEuropean Community and its MemberStates, of the other part, signed inCotonou on 23 June 2000 (hereinafterreferred to as the "Cotonou Agreement"),


THE PRESIDENT OF THE REPUBLIC OFBENIN,Massiyatou LATOUNDJI LAURIANOMinister for Industry, Trade andEmployment Promotion

THE PRESIDENT OF THE REPUBLIC OFBOTSWANA,Lt. Gen. Mompati MERAFHEMinister for Foreign Affairs andInternational Cooperation

THE PRESIDENT OF BURKINA FASO,Jean-Baptiste Marie Pascal COMPAOREMinister for Finance and the Budget

THE PRESIDENT OF THE REPUBLIC OFBURUNDI,Thomas MINANIMinister for Trade and Industry

THE PRESIDENT OF THE REPUBLIC OFCAMEROON,Isabelle BASSONGAmbassador

THE PRESIDENT OF THE REPUBLIC OFCAPE VERDE,Victor Manuel BORGESMinister for Foreign Affairs, Cooperation and Communities,President of the ACP Council of Ministers

THE PRESIDENT OF THE CENTRALAFRICAN REPUBLIC,Guy ZOUNGERE-SOKAMBIAmbassador

THE PRESIDENT OF THE ISLAMICFEDERAL REPUBLIC OF THE COMOROS,Aboudou SOEFOMinister of State, Minister for ForeignAffairs and Cooperation

THE PRESIDENT OF THE DEMOCRATICREPUBLIC OF CONGO,Christian KAMBINGA SELEDeputy Minister for InternationalCooperation

THE PRESIDENT OF THE REPUBLIC OFCONGO,Pierre MOUSSAMinister of State for Planning, RegionalDevelopment and Economic Integration,National Authorising Officer

THE GOVERNMENT OF THE COOKISLANDSTodd McCLAYAmbassador

THE PRESIDENT OF THE REPUBLIC OFCÔTE D’IVOIRE,Amadou SOUMAHOROMinister for Trade

THE PRESIDENT OF THE REPUBLIC OFDJIBOUTI,Ali Farah ASSOWEHMinister for the Economy, Finance andPlanning, with responsibility forprivatisation

THE GOVERNMENT OF THECOMMONWEALTH OF DOMINICA,George R.E. BULLENAmbassador

THE PRESIDENT OF THE DOMINICANREPUBLIC,Onofre ROJASSecretary of State, National Authorising Officer

THE PRESIDENT OF THE STATE OFERITREA,Andebrhan WELDEGIORGISAmbassador

THE PRESIDENT OF THE FEDERALDEMOCRATIC REPUBLIC OF ETHIOPIA,Sufian AHMEDMinister for Finance and EconomicDevelopment

THE PRESIDENT OF THE SOVEREIGNDEMOCRATIC REPUBLIC OF FIJI,Ratu Seremaia T. CAVUILATIAmbassador


THE PRESIDENT OF THE REPUBLIC OFHUNGARY,András BÁRSONYPolitical State Secretary, Ministry of Foreign Affairs

THE PRESIDENT OF MALTA,Bernard HAMILTONFirst Councillor, Acting Director for Bilateral Relations, Ministry of Foreign Affairs

HER MAJESTY THE QUEEN OF THENETHERLANDS,P.J. YMKERSCounsellor, Permanent Representation of the Netherlands to the EU

THE FEDERAL PRESIDENT OF THEREPUBLIC OF AUSTRIA,Gregor WOSCHNAGGAmbassador Extraordinary andPlenipotentiary,Permanent Representative to theEuropean Union

THE PRESIDENT OF THE REPUBLIC OFPOLAND,Jan TRUSZCZYNSKISecretary of State in the Ministry of Foreign Affairs

THE PRESIDENT OF THE PORTUGUESEREPUBLIC,João GOMES CRAVINHOState Secretary for Foreign Affairs andCooperation

THE PRESIDENT OF THE REPUBLIC OFSLOVENIA,Marjan ŠETINCAmbassador, Coordinator forDevelopment Cooperation andHumanitarian Assistance,Ministry of Foreign Affairs

THE PRESIDENT OF THE SLOVAKREPUBLIC,Maroš ŠEFČOVIČAmbassador Extraordinary andPlenipotentiary,Permanent Representative to theEuropean Union

THE PRESIDENT OF THE REPUBLIC OFFINLAND,Ritva JOLKKOSENDirector General, Ministry of Foreign Affairs

THE GOVERNMENT OF THE KINGDOM OFSWEDEN,Agneta SÖDERMANAmbassador to Luxembourg

HER MAJESTY THE QUEEN OF THEUNITED KINGDOM OF GREAT BRITAINAND NORTHERN IRELAND, Gareth THOMAS, MPParlamentary Under-Secretary of State at the Department for InternationalDevelopment

THE EUROPEAN COMMUNITY,Jean-Louis SCHILTZMinister for Cooperation andHumanitarian Action,Minister with responsibility forCommunications,President-in-office of the Council of the EULouis MICHELMember of the Commission of theEuropean Communities

THE PRESIDENT OF THE REPUBLIC OFANGOLA,Ana DIAS LOURENCOMinister for Planning

HER MAJESTY THE QUEEN OF ANTIGUAAND BARBUDA,Dr. Carl ROBERTSHigh Commissioner of Antigua & Barbudato the United Kingdom

THE HEAD OF STATE OF THECOMMONWEALTH OF THE BAHAMAS,Errol Leroy HUMPHREYSAmbassador

THE HEAD OF STATE OF BARBADOS,Billie MILLERSenior Minister and Minister for ForeignAffairs & Foreign Trade

HER MAJESTY THE QUEEN OF BELIZE,Yvonne HYDEAmbassador


THE PRESIDENT OF THE REPUBLIC OFMAURITIUS,Sutiawan GUNESSEEAmbassador

THE GOVERNMENT OF THE FEDERATEDSTATES OF MICRONESIA,Paul MALINHead of Unit, DG Development of theCommission of the EC

THE PRESIDENT OF THE REPUBLIC OFMOZAMBIQUE,Henrique BANZEDeputy Minister for Foreign Affairs andCooperation, National Authorising Officer

THE PRESIDENT OF THE REPUBLIC OFNAMIBIA,Peter Hitjitevi KATAJAVIVIAmbassador

THE GOVERNMENT OF THE REPUBLIC OFNAURU,Dr. Karl H. KOCHHonorary Consul in Belgium

THE PRESIDENT OF THE REPUBLIC OFNIGER,Ali MAHAMAN LAMINE ZEINEMinister for Economic and FinancialAffairs

THE PRESIDENT OF THE FEDERALREPUBLIC OF NIGERIA,Clarkson NWAKANMA UMELOAmbassador

THE GOVERNMENT OF NIUE,Todd McCLAYAmbassador

THE GOVERNMENT OF THE REPUBLIC OFPALAU,Paul MALINHead of Unit, DG Development of theCommission of the EC

HER MAJESTY THE QUEEN OF THEINDEPENDENT STATE OF PAPUA NEWGUINEA,Sir Rabbie NAMALIU KCMG, MPMinister for Foreign Affairs andImmigration

THE PRESIDENT OF THE RWANDESEREPUBLIC,Monique NSANZABAGANWAState Secretary with responsibility forplanning at the Ministry of Finance

HER MAJESTY THE QUEEN OF SAINTKITTS AND NEVIS,Timothy HARRISMinister for Foreign Affairs andInternational Trade

HER MAJESTY THE QUEEN OF SAINTLUCIA,George R.E. BULLENAmbassador

HER MAJESTY THE QUEEN OF SAINTVINCENT AND THE GRENADINES,George R.E. BULLENAmbassador

THE HEAD OF STATE OF THEINDEPENDENT STATE OF SAMOA,Tau’ili’ili Uili MEREDITHAmbassador

THE PRESIDENT OF THE DEMOCRATICREPUBLIC OF SÃO TOMÉ AND PRÍNCIPE,Horácio FERNANDES DA FONSECAPURVISChargé d’affaires a.i.

THE PRESIDENT OF THE REPUBLIC OFSENEGAL,Saliou CISSEAmbassador

THE PRESIDENT OF THE REPUBLIC OFSEYCHELLES,Patrick PILLAYMinister for Foreign Affairs

THE PRESIDENT OF THE REPUBLIC OFSIERRA LEONE,Mohamed B. DARAMYMinister for Development and EconomicPlanning

HER MAJESTY THE QUEEN OF SOLOMONISLANDS,Fredrick FONOMinister for National Planning and AidCoordination


THE PRESIDENT OF THE GABONESEREPUBLIC,Casimir OYE MBAMinister of State, Minister for Planningand Development Programmes,National Authorising Officer

THE PRESIDENT AND HEAD OF STATE OFTHE REPUBLIC OF THE GAMBIA,Yusupha Alieu KAHAmbassador

THE PRESIDENT OF THE REPUBLIC OFGHANA,Georg Y. GUYAN-BAFFOUR, M.P.Deputy Minister for Finance andEconomic Planning

HER MAJESTY THE QUEEN OF GRENADA,Joan-Marie COUTAINAmbassador

THE PRESIDENT OF THE REPUBLIC OFGUINEA,El Hadj Thierno Habib DIALLOMinister for Cooperation

THE PRESIDENT OF THE REPUBLIC OFGUINEA-BISSAU,Nagib JAHOUADChargé d’affaires a.i.

THE PRESIDENT OF THE REPUBLIC OFEQUATORIAL GUINEA,Victorino Nka OBIANG MAYEAmbassador

THE PRESIDENT OF THE REPUBLIC OFGUYANA,Patrick Ignatius GOMESAmbassador

THE PRESIDENT OF THE REPUBLIC OFHAITI,Hérard ABRAHAMMinister for Foreign Affairs and Religious Affairs

THE HEAD OF STATE OF JAMAICA,K.D. KNIGHT, QC, MPMinister for Foreign Affairs and Trade

THE PRESIDENT OF THE REPUBLIC OFKENYA,Marx Gad NJUGUNA KAHENDEAmbassador

THE PRESIDENT OF THE REPUBLIC OFKIRIBATI,Paul MALINHead of Unit, DG Development of theCommission of the EC

HIS MAJESTY THE KING OF THEKINGDOM OF LESOTHO,Mpho MALIEMinister for Trade and Industry,Cooperatives and Marketing

THE PRESIDENT OF THE REPUBLIC OFLIBERIA,Youngor Sevelee TELEWODAAmbassador

THE PRESIDENT OF THE REPUBLIC OFMADAGASCAR,Sahobisoa Olivier ANDRIANARISONMinister for Industrialisation, Trade andPrivate Sector Development

THE PRESIDENT OF THE REPUBLIC OFMALAWI,Brian Granthen BOWLERAmbassador

THE PRESIDENT OF THE REPUBLIC OFMALI,Moctar OUANEMinister for Foreign Affairs andInternational Cooperation

THE GOVERNMENT OF THE REPUBLIC OFTHE MARSHALL ISLANDS,Paul MALINHead of Unit, DG Development of theCommission of the EC

THE PRESIDENT OF THE ISLAMICREPUBLIC OF MAURITANIA,Sidi OULD DIDIMinister for Economic Affairs andDevelopment


THE PRESIDENT OF THE REPUBLIC OFSOUTH AFRICA,Mosibudi MANGENAMinister for Science and Technology

THE PRESIDENT OF THE REPUBLIC OFTHE SUDAN,Ali Yousif AHMEDAmbassador

THE PRESIDENT OF THE REPUBLIC OFSURINAME,Maria E. LEVENSMinister for Foreign Affairs

HIS MAJESTY THE KING OF THEKINGDOM OF SWAZILAND,Clifford Sibusiso MAMBAPrincipal Secretary of the Ministry ofForeign Affairs and Trade

THE PRESIDENT OF THE UNITEDREPUBLIC OF TANZANIA,Festus B. LIMBU, MPDeputy Minister for Finance

THE PRESIDENT OF THE REPUBLIC OFCHAD,Abderahim Yacoub NDIAYEAmbassador

THE GOVERNMENT OF THE DEMOCRATICREPUBLIC OF TIMOR LESTEJosé António AMORIM DIASAmbassador,Head of the Mission to the European Union

THE PRESIDENT OF THE TOGOLESEREPUBLIC,Gilbert BAWARAMinister Delegate to the Minister ofState,Minister for Foreign Affairs and AfricanIntegration with responsibility forcooperation

HIS MAJESTY KING TAUFA’AHAU TUPOU IV OF TONGA,Paul MALINHead of Unit, DG Development of the Commission of the EC

THE PRESIDENT OF THE REPUBLIC OFTRINIDAD AND TOBAGO,Diane SEUKERANMinister of State, Ministry of Trade andIndustry

HER MAJESTY THE QUEEN OF TUVALU,Paul MALINHead of Unit, DG Development of theCommission of the EC

THE PRESIDENT OF THE REPUBLIC OFUGANDA,Deo K. RWABITAAmbassador

THE GOVERNMENT OF THE REPUBLIC OFVANUATU,Sato KILMANDeputy Prime Minister and Minister for Foreign Affairs

THE PRESIDENT OF THE REPUBLIC OFZAMBIA,Felix CHIBOTA MUTATIDeputy Minister for Finance and National Planning

THE GOVERNMENT OF THE REPUBLIC OFZIMBABWE,Gift PUNUNGWEAmbassador


PARTNERSHIP AGREEMENT BETWEEN

THE MEMBERS OF THE AFRICAN,

CARIBBEAN AND PACIFIC GROUP OF STATES

OF THE ONE PART,

AND THE EUROPEAN COMMUNITY

AND ITS MEMBER STATES

OF THE OTHER PART

SIGNED IN COTONOU ON 23 JUNE 2000

REVISED IN LUXEMBOURG

ON 25 JUNE 2005


PREAMBLE

HAVING REGARD TO the Treaty establishing the European Community, on the one hand,and the Georgetown Agreement establishing the Group of African, Caribbean and PacificStates (ACP), on the other;

AFFIRMING their commitment to work together towards the achievement of the objectivesof poverty eradication, sustainable development and the gradual integration of the ACPcountries into the world economy;

ASSERTING their resolve to make, through their cooperation, a significant contribution tothe economic, social and cultural development of the ACP States and to the greater wellbeing of their population, helping them facing the challenges of globalisation andstrengthening the ACP-EU Partnership in the effort to give the process of globalisationa stronger social dimension;

REAFFIRMING their willingness to revitalise their special relationship and to implement acomprehensive and integrated approach for a strengthened partnership based on polit-ical dialogue, development cooperation 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 governanceis part and parcel of long term development; acknowledging that responsibility for estab-lishing such an environment rests primarily with the countries concerned;

ACKNOWLEDGING that sound and sustainable economic policies are prerequisites fordevelopment;

REFERRING to the principles of the Charter of the United Nations, and recalling theUniversal Declaration of Human Rights, the conclusions of the 1993 Vienna Conference onHuman Rights, the Covenants on Civil and Political Rights and on Economic, Socialand Cultural Rights, the Convention on the Rights of the Child, the Convention on theElimination of all forms of Discrimination against Women, the International Convention onthe Elimination of all forms of Racial Discrimination, the 1949 Geneva Conventions and theother instruments of international humanitarian law, the 1954 Convention relating to thestatus of stateless persons, the 1951 Geneva Convention relating to the Status ofRefugees and the 1967 New York Protocol relating to the Status of Refugees;

CONSIDERING the Convention for the Protection of Human Rights and FundamentalFreedoms of the Council of Europe, the African Charter on Human and Peoples’ Rights andthe American Convention on Human Rights as positive regional contributions to therespect of human rights in the European Union and in the ACP States;

REAFFIRMING that the most serious crimes of concern to the international communitymust not go unpunished and that their effective prosecution must be ensured by takingmeasures at national level and by enhancing global collaboration;

CONSIDERING that the establishment and effective functioning of the InternationalCriminal Court constitute an important development for peace and international justice;


TABLE OF CONTENTS

PREAMBLE ................................................................................................................................................................3

PART 1: GENERAL PROVISIONS ................................................................................................................... 5Title I - Objectives, principles and actors ......................................................................................... 6

Chapter 1: Objectives and principles......................................................................................... 6Chapter 2: The actors of the partnership ................................................................................ 7

Title II - The political dimension ........................................................................................................... 8

PART 2: INSTITUTIONAL PROVISIONS ................................................................................................... 15

PART 3: COOPERATION STRATEGIES ...................................................................................................... 19Title I - Development strategies......................................................................................................... 20

Chapter 1: General framework ................................................................................................... 20Chapter 2: Areas of support ........................................................................................................ 21

Section 1: Economic development................................................................................... 21Section 2: Social and human development................................................................ 23Section 3: Regional Cooperation and Integration ................................................... 25Section 4: Thematic and cross cutting issues ........................................................... 26

Title II - Economic and trade Cooperation..................................................................................... 28Chapter 1: Objectives and principles ...................................................................................... 28Chapter 2: New trading arrangements....................................................................................29Chapter 3: Cooperation in the international fora .............................................................. 31Chapter 4: Trade in services........................................................................................................ 31Chapter 5: Trade related areas .................................................................................................. 33Chapter 6: Cooperation in other areas .................................................................................. 37

PART 4: DEVELOPMENT FINANCE COOPERATION............................................................................ 39Title I - General provisions.................................................................................................................... 40

Chapter 1: Objectives, principles, guidelines and eligibility........................................ 40Chapter 2: Scope and nature of financing ............................................................................ 41

Title II - Financial cooperation ............................................................................................................ 43Chapter 1: Financial resources................................................................................................... 43Chapter 2: Debt and structural adjustment support....................................................... 44Chapter 3: Support in case of short term fluctuations in export earnings........... 46Chapter 4: Support for sectoral policies............................................................................... 46Chapter 5: Microprojects and decentralised cooperation ............................................ 47Chapter 6: Humanitarian and emergency assistance ..................................................... 47Chapter 7: Investment and private sector development support.................................... 49

Title III - Technical cooperation........................................................................................................... 51Title IV - Procedures and management systems........................................................................ 52

PART 5: GENERAL PROVISIONS FOR THE LEAST DEVELOPED,LANDLOCKED AND ISLAND ACP STATES (LDLICs) .......................................................... 55Chapter 1: General provisions.................................................................................................... 56Chapter 2: Least developed ACP States ................................................................................ 56Chapter 3: Landlocked ACP States .......................................................................................... 57Chapter 4: Island ACP States...................................................................................................... 57

PART 6: FINAL PROVISIONS........................................................................................................................ 59


PART 1

GENERAL PROVISIONS


RECALLING the Libreville and Santo Domingo declarations of the Heads of State andGovernment of the ACP countries at their Summits in 1997 and 1999;

CONSIDERING that the Millennium Development Goals emanating from the MillenniumDeclaration adopted by the United Nations General Assembly in 2000, in particular theeradication of extreme poverty and hunger, as well as the development targets andprinciples agreed in the United Nations Conferences, provide a clear vision and mustunderpin ACP-EC cooperation within this 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 furtheraction to be taken in order to achieve the goals and implement the action programmeswhich have been drawn up in those fora;

ANXIOUS to respect basic labour rights, taking account of the principles laid down in therelevant conventions of the International Labour Organisation;

RECALLING the commitments within the framework of the World Trade Organisation,

HAVE DECIDED TO CONCLUDE THIS AGREEMENT:


central to their partnership and cooper-ation relations;

- differentiation and regionalisation: co-operation arrangements and prioritiesshall vary according to a partner’s level ofdevelopment, its needs, its performanceand its long term development strategy.Particular emphasis shall be placed on theregional dimension. Special treatmentshall be given to the least developedcountries. The vulnerability of landlockedand island countries shall be taken intoaccount.

ARTICLE 3Achievement of this Agreement’s

objectives

The Parties shall, each as far as it is con-cerned in the framework of thisAgreement, take all appropriate meas-ures, whether general or particular, toensure the fulfilment of the obligationsarising from this Agreement and to facili-tate the attainment of the objectivesthereof. They shall refrain from any meas-ures liable to jeopardise these objectives.

CHAPTER 2THE ACTORS OF

THE PARTNERSHIP

ARTICLE 4General approach

The ACP States shall determine the devel-opment principles, strategies and modelsof their economies and societies in all sov-ereignty. They shall establish, with theCommunity, the cooperation programmesprovided for under this Agreement.However, the parties recognise the com-plementary role of and potential for contri-butions by non State actors and localdecentralised authorities to the develop-ment process. To this end, under the condi-tions laid down in this Agreement, non-State actors and local decentralised actors,shall, where appropriate:

- be informed and involved in consultationon cooperation policies and strategies,on priorities for cooperation especially inareas that concern or directly affectthem, and on the political dialogue;

- be provided with financial resources,under the conditions laid down in thisAgreement in order to support localdevelopment processes;

- be involved in the implementation ofcooperation project and programmes inareas that concern them or where theseactors have a comparative advantage;

- be provided with capacity building sup-port in critical areas in order to reinforcethe capabilities of these actors, particu-larly as regards organisation and repre-sentation, and the establishment of con-sultation mechanisms including chan-nels of communication and dialogue,and to promote strategic alliances.

ARTICLE 5Information

Cooperation will support operation to pro-vide more information and create greaterawareness of the basic features of ACP-EUPartnership.

Cooperation will also:

- encourage partnership and build linksbetween ACP and EU actors;

- strengthen networking and exchange ofexpertise and experience among theactors.

ARTICLE 6Definitions

1. The actors of cooperation will include:

a) State (local, national and regional);

b) Non-State:

- Private sector;

- Economic and social partners, includingtrade union organisations;


TITLE IOBJECTIVES, PRINCIPLES

AND ACTORS

Chapter 1OBJECTIVES

AND PRINCIPLES

ARTICLE 1Objectives of the partnership

The Community and its Member States, ofthe one part, and the ACP States, of theother part, hereinafter referred to as the"Parties" hereby conclude this Agreement inorder to promote and expedite the economic,cultural and social development of the ACPStates, with a view to contributing to peaceand security and to promoting a stable anddemocratic political environment.

The partnership shall be centred on theobjective of reducing and eventuallyeradicating poverty consistent with theobjectives of sustainable development andthe gradual integration of the ACP coun-tries into the world economy.

These objectives and the Parties’ interna-tional commitments shall inform all devel-opment strategies and shall be tackledthrough an integrated approach takingaccount at the same time of the political,economic, social, cultural and environ-mental aspects of development. The part-nership shall provide a coherent supportframework for the development strategiesadopted by each ACP State.

Sustained economic growth, developingthe private sector, increasing employ-ment and improving access to productiveresources shall all be part of this frame-work. Support shall be given to therespect of the rights of the individual andmeeting basic needs, the promotion ofsocial development and the conditionsfor an equitable distribution of thefruits of growth. Regional and subregional integration processes which fos-

ter the integration of the ACP countriesinto the world economy in terms of tradeand private investment shall be encour-aged and supported. Building the cap-acity of the actors in development andimproving the institutional frameworknecessary for social cohesion, for thefunctioning of a democratic society andmarket economy, and for the emergenceof an active and organised civil societyshall be integral to the approach.Systematic account shall be taken of thesituation of women and gender issues inall areas - political, economic and social.The principles of sustainable manage-ment of natural resources and the envir-onment shall be applied and integratedat every level of the partnership.

ARTICLE 2 Fundamental principles

ACP-EC cooperation, underpinned by alegally binding system and the existenceof joint institutions, shall be exercised onthe basis of the following fundamentalprinciples:

- equality of the partners and ownershipof the development strategies: for thepurposes of implementing the object-ives of the partnership, the ACP Statesshall determine the development strate-gies for their economies and societies inall sovereignty and with due regard forthe essential elements described inArticle 9; the partnership shall encour-age ownership of the developmentstrategies by the countries and popula-tions concerned;

- participation: apart from central govern-ment as the main partner, the partnershipshall be open to different kinds of otheractors in order to encourage the integra-tion of all sections of society, includingthe private sector and civil society organ-isations, into the mainstream of political,economic and social life;

- the pivotal role of dialogue and the fulfil-ment of mutual obligations: the obliga-tions assumed by the Parties in theframework of their dialogue shall be


6a. Where appropriate, and in order toprevent situations arising in which oneParty might deem it necessary to haverecourse to the consultation proced-ure foreseen in Article 96, dialoguecovering the essential elements shallbe systematic and formalised in ac-cordance with the modalities set out inAnnexe VII.

7. Regional and sub-regional organisa-tions as well as representatives of civilsociety organisations shall be associ-ated with this dialogue.

ARTICLE 9Essential elements regarding

human rights, democratic principles and the rule of law,

and fundamental element regarding good governance

1. Cooperation shall be directed towardssustainable development centred on thehuman person, who is the main protag-onist and beneficiary of development; thisentails respect for and promotion of allhuman rights.

Respect for all human rights and funda-mental freedoms, including respect forfundamental social rights, democracybased on the rule of law and transparentand accountable governance are an inte-gral part of sustainable development.

2. The Parties refer to their internationalobligations and commitments concern-ing respect for human rights. They re-iterate their deep attachment to humandignity and human rights, which arelegitimate aspirations of individuals andpeoples. Human rights are universal,indivisible and inter related. The Partiesundertake to promote and protect allfundamental freedoms and humanrights, be they civil and political, or economic, social and cultural. In thiscontext, the Parties reaffirm the equalityof men and women.

The Parties reaffirm that democratisa-tion, development and the protection

of fundamental freedoms and humanrights are interrelated and mutually rein-forcing. Democratic principles are uni-versally recognised principles underpin-ning the organisation of the State toensure the legitimacy of its authority,the legality of its actions reflected in itsconstitutional, legislative and regulatorysystem, and the existence of participa-tory mechanisms. On the basis of univer-sally recognised principles, each countrydevelops its democratic culture.

The structure of government and theprerogatives of the different powersshall be founded on rule of law, whichshall entail in particular effective andaccessible means of legal redress, anindependent legal system guaranteeingequality before the law and an executivethat is fully subject to the law.

Respect for human rights, democraticprinciples and the rule of law, whichunderpin the ACP-EU Partnership, shallunderpin the domestic and internationalpolicies of the Parties and constitute theessential elements of this Agreement.

3. In the context of a political and institu-tional environment that upholds humanrights, democratic principles and therule of law, good governance is thetransparent and accountable manage-ment of human, natural, economic andfinancial resources for the purposes ofequitable and sustainable development.It entails clear decision-making proced-ures at the level of public authorities,transparent and accountable institu-tions, the primacy of law in the manage-ment and distribution of resources andcapacity building for elaborating andimplementing measures aiming in par-ticular at preventing and combatingcorruption.

Good governance, which underpins theACP-EU Partnership, shall underpin thedomestic and international policies ofthe Parties and constitute a fundamentalelement of this Agreement. The Partiesagree that only serious cases of corruption,


- Civil Society in all its forms accordingto national characteristics.

2. Recognition by the parties of non gov-ernmental actors shall depend on theextent to which they address the needsof the population, on their specific com-petencies and whether they are organ-ised and managed democratically andtransparently.

ARTICLE 7Capacity building

The contribution of civil society to develop-ment can be enhanced by strengtheningcommunity organisations and non-profitnon-governmental organisations in allspheres of cooperation. This will require:

- encouraging and supporting the creationand development of such organisations;

- establishing arrangements for involvingsuch organisations in the design, imple-mentation and evaluation of developmentstrategies and programmes.

TITLE IITHE POLITICAL DIMENSION

ARTICLE 8Political dialogue

1. The Parties shall regularly engage in acomprehensive, balanced and deeppolitical dialogue leading to commit-ments on both sides.

2. The objective of this dialogue shall beto exchange information, to fostermutual understanding, and to facili-tate the establishment of agreed prior-ities and shared agendas, in particularby recognising existing links betweenthe different aspects of the relationsbetween the Parties and the variousareas of cooperation as laid down inthis Agreement. The dialogue shallfacilitate consultations between the

Parties within international fora. Theobjectives of the dialogue shall alsoinclude preventing situations arisingin which one Party might deem it ne-cessary to have recourse to the con-sultation procedures envisaged inArticles 96 and 97.

3. The dialogue shall cover all the aimsand objectives laid down in thisAgreement as well as all questions ofcommon, general, regional or subregional interest. Through dialogue, theParties shall contribute to peace, secur-ity and stability and promote a stableand democratic political environment. Itshall encompass cooperation strategiesas well as global and sectoral policies,including environment, gender, migra-tion and questions related to the cul-tural heritage.

4. The dialogue shall focus, inter alia,on specific political issues of mutualconcern or of general significance forthe attainment of the objectives of thisAgreement, such as the arms trade,excessive military expenditure, drugsand organised crime, or ethnic, reli-gious or racial discrimination. The dialogue shall also encompass a regu-lar assessment of the developmentsconcerning the respect for humanrights, democratic principles, the ruleof law and good governance.

5. Broadly based policies to promotepeace and to prevent, manage andresolve violent conflicts shall play aprominent role in this dialogue, asshall the need to take full account ofthe objective of peace and democraticstability in the definition of priorityareas of cooperation.

6. The dialogue shall be conducted in aflexible manner. Dialogue shall be for-mal or informal according to the need,and conducted within and outside theinstitutional framework, including theACP Group, the Joint parliamentaryAssembly, in the appropriate format,and at the appropriate level includingregional, sub-regional or nationallevel.


3a. The Parties also undertake to cooper-ate in the prevention of mercenaryactivities in accordance with theirobligations under internationalconventions and instruments, andtheir respective legislations andregulations.

4. In situations of violent conflict theParties shall take all suitable action toprevent an intensification of violence,to limit its territorial spread, and tofacilitate a peaceful settlement of theexisting disputes. Particular attentionshall be paid to ensuring that financialresources for cooperation are used inaccordance with the principles andobjectives of the Partnership, and topreventing a diversion of funds for bel-ligerent purposes.

5. In post conflict situations, the Partiesshall take all suitable action to facili-tate the return to a non violent, stableand self sustainable situation. TheParties shall ensure the creation of thenecessary links between emergencymeasures, rehabilitation and develop-ment cooperation.

6. In promoting the strengthening ofpeace and international justice, theParties reaffirm their determination to:

- share experience in the adoption oflegal adjustments required to allowfor the ratification and implementa-tion of the Rome Statute of theInternational Criminal Court; and

- fight against international crime inaccordance with international law,giving due regard to the Rome Statute.

The Parties shall seek to take stepstowards ratifying and implement-ing the Rome Statute and relatedinstruments.

ARTICLE 11aFight against terrorism

The Parties reiterate their firm condemna-tion of all acts of terrorism and undertake

to combat terrorism through inter-national cooperation, in accordance withthe Charter of the United Nations andinternational law, relevant conventionsand instruments and in particular fullimplementation of UN Security CouncilResolutions 1373 (2001) and 1456 (2003)and other relevant UN resolutions. To thisend, the Parties agree to exchange:

- information on terrorist groups and theirsupport networks; and

- views on means and methods to counterterrorist acts, including in technical fieldsand training, and experiences in relationto the prevention of terrorism.

ARTICLE 11bCooperation in countering

the proliferation of weapons of mass destruction

1. The Parties consider that the prolifera-tion of weapons of mass destruction andtheir means of delivery, both to State andnon-State actors, represents one of themost serious threats to international sta-bility and security.

The Parties therefore agree to cooperateand to contribute to countering the pro-liferation of weapons of mass destruc-tion and their means of delivery throughfull compliance with and national imple-mentation of their existing obligationsunder international disarmament andnon-proliferation treaties and agree-ments and other relevant internationalobligations.

The Parties agree that this provisionconstitutes an essential element of thisAgreement.

2. The Parties furthermore agree to cooper-ate and to contribute to the objective ofnon proliferation by:

- taking steps to sign, ratify or accedeto, as appropriate, and fully imple-ment all other relevant internationalinstruments;

- the establishment of an effective systemof national export controls, controlling


including acts of bribery leading to suchcorruption, as defined in Article 97 con-stitute a violation of that element.

4. The Partnership shall actively supportthe promotion of human rights,processes of democratisation, consoli-dation of the rule of law, and goodgovernance.

These areas will be an important sub-ject for the political dialogue. In the con-text of this dialogue, the Parties shallattach particular importance to thechanges underway and to the continuityof the progress achieved. This regularassessment shall take into account eachcountry’s economic, social, cultural andhistorical context.

These areas will also be a focus of sup-port for development strategies. TheCommunity shall provide support forpolitical, institutional and legal reformsand for building the capacity of publicand private actors and civil society inthe framework of strategies agreedjointly between the State concernedand the Community.

ARTICLE 10Other elements of

the political environment

1. The Parties consider the following ele-ments as contributing to the mainten-ance and consolidation of a stable anddemocratic political environment:

- sustainable and equitable develop-ment involving, inter alia, access to pro-ductive resources, essential servicesand justice;

- greater involvement of an active andorganised civil society and the privatesector.

2. The Parties recognise that the prin-ciples of the market economy, support-ed by transparent competition rules andsound economic and social policies,contribute to achieving the objectives ofthe partnership.

ARTICLE 11Peace building policies,

conflict prevention and resolution

1. The Parties shall pursue an active, com-prehensive and integrated policy ofpeace building and conflict preventionand resolution within the framework ofthe Partnership. This policy shall bebased on the principle of ownership. Itshall in particular focus on buildingregional, sub regional and nationalcapacities, and on preventing violentconflicts at an early stage by address-ing their root-causes in a targeted man-ner, and with an adequate combinationof all available instruments.

2. The activities in the field of peace build-ing, conflict prevention and resolutionshall in particular include support forbalancing political, economic, socialand cultural opportunities among allsegments of society, for strengtheningthe democratic legitimacy and effec-tiveness of governance, for establish-ing effective mechanisms for the peace-ful conciliation of group interests, forbridging dividing lines among differentsegments of society as well as supportfor 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 ofshared, scarce natural resources, fordemobilisation and reintegration offormer combatants into the society, foraddressing the problem of childsoldiers, as well as for suitable actionto set responsible limits to militaryexpenditure and the arms trade,including through support for thepromotion and application of agreedstandards and codes of conduct. In thiscontext, particular emphasis shall begiven to the fight against anti-personnel landmines as well as toaddressing an excessive anduncontrolled spread, illegal traffickingand accumulation of small arms andlight weapons.


ARTICLE 13Migration

1. The issue of migration shall be the sub-ject of in depth dialogue in the frame-work of the ACP-EU Partnership.

The Parties reaffirm their existing obli-gations and commitments in inter-national law to ensure respect forhuman rights and to eliminate all formsof discrimination based particularly onorigin, sex, race, language and religion.

2. The Parties agree to consider that apartnership implies, with relation tomigration, fair treatment of third coun-try nationals who reside legally on theirterritories, integration policy aiming atgranting them rights and obligationscomparable to those of their citizens,enhancing non discrimination in eco-nomic, social and cultural life anddeveloping measures against racismand xenophobia.

3. The treatment accorded by eachMember State to workers of ACP coun-tries legally employed in its territory,shall be free from any discriminationbased on nationality, as regards work-ing conditions, remuneration and dis-missal, relative to its own nationals.Further in this regard, each ACP Stateshall accord comparable non discrimi-natory treatment to workers who arenationals of a Member State.

4. The Parties consider that strategiesaiming at reducing poverty, improvingliving and working conditions, creatingemployment and developing trainingcontribute in the long term to normalis-ing migratory flows.

The Parties will take account, in theframework of development strategiesand national and regional program-ming, of structural constraints associ-ated with migratory flows with the pur-pose of supporting the economic andsocial development of the regions fromwhich migrants originate and of reduc-ing poverty.

The Community shall support, throughnational and regional Cooperation pro-grammes, the training of ACP nationalsin their country of origin, in anotherACP country or in a Member State ofthe European Union. As regards train-ing in a Member State, the Parties shallensure that such action is gearedtowards the vocational integration ofACP nationals in their countries of origin.

The Parties shall develop cooperationprogrammes to facilitate the access ofstudents from ACP States to education,in particular through the use of newcommunication technologies.

5.

a) In the framework of the political dia-logue the Council of Ministers shallexamine issues arising from illegalimmigration with a view to establishing,where appropriate, the means for a pre-vention policy.

b) In this context the Parties agree in par-ticular to ensure that the rights and dig-nity of individuals are respected in anyprocedure initiated to return illegalimmigrants to their countries of origin.In this connection the authorities con-cerned shall extend to them the admin-istrative facilities necessary for theirreturn.

c) The Parties further agree that:

i) - each Member State of theEuropean Union shall accept thereturn of and readmission of anyof its nationals who are illegallypresent on the territory of an ACPState, at that State’s request andwithout further formalities;

- each of the ACP States shall acceptthe return of and readmission of anyof its nationals who are illegallypresent on the territory of a MemberState of the European Union, at thatMember State’s request and with-out further formalities.

The Member States and the ACP States willprovide their nationals with appropriateidentity documents for such purposes.


the export as well as transit ofweapons of mass destruction relatedgoods, including a weapons of massdestruction end-use control on dualuse technologies and containing effec-tive sanctions for breaches of exportcontrols.

Financial and technical assistance in thearea of cooperation to counter the pro-liferation of weapons of mass destruc-tion will be financed by specific instru-ments other than those intended for thefinancing of ACP-EC cooperation.

3. The Parties agree to establish a regularpolitical dialogue that will accompanyand consolidate their cooperation in thisarea.

4. If, after having conducted a strengthenedpolitical dialogue, a Party, informed inparticular by reports by the InternationalAtomic Energy Agency (IAEA), theOrganisation for the Prohibition ofChemical Weapons (OPCW) and other rele-vant multilateral institutions, considersthat the other Party has failed to fulfil anobligation stemming from paragraph 1, itshall, except in cases of special urgency,supply the other Party and both the ACPand the EC Councils of Ministers withthe relevant information required for athorough examination of the situationwith a view to seeking a solutionacceptable to the Parties. To this end, itshall invite the other Party to hold con-sultations that focus on the measurestaken or to be taken by the Party con-cerned to remedy the situation.

5. The consultations shall be conducted atthe level and in the form consideredmost appropriate for finding a solution.

The consultations shall begin no laterthan 30 days after the invitation andshall continue for a period establishedby mutual agreement, depending onthe nature and gravity of the violation.In no case shall the dialogue under theconsultation procedure last longer than120 days.

6. If the consultations do not lead to asolution acceptable to both Parties, ifconsultation is refused or in cases ofspecial urgency, appropriate measuresmay be taken. These measures shall berevoked as soon as the reasons for tak-ing them no longer prevail.

ARTICLE 12Coherence of Community policies

and their impact on the implementation of this Agreement

Without prejudice to Article 96, where theCommunity intends, in the exercise of itspowers, to take a measure which mightaffect the interests of the ACP States, asfar as this Agreement’s objectives are con-cerned, it shall inform in good time thesaid States of its intentions. Towards thisend, the Commission shall communicatesimultaneously to the Secretariat of theACP States its proposal for such meas-ures. Where necessary, a request for infor-mation may also take place on the initia-tive of the ACP States.

At their request, consultations shall beheld promptly so that account may betaken of their concerns as to the impact ofthose measures before any final decisionis made.

After such consultations have taken place,the ACP States may, in addition, transmittheir concerns in writing to the Communityas soon as possible and submit sugges-tions for amendments indicating the waytheir concerns should be met.

If the Community does not accede to the ACP States’ submissions, it shalladvise them as soon as possible giving itsreasons.

The ACP States shall also be providedwith adequate information on the entryinto force of such decisions, in advancewhenever possible.


PART 2

INSTITUTIONAL PROVISIONS


In respect of the Member States of theEuropean Union, the obligations in thisparagraph apply only in respect of thosepersons who are to be considered theirnationals for the Community purposes inaccordance with Declaration No 2 to theTreaty establishing the European Commu-nity. In respect of ACP States, the obliga-tions in this paragraph apply only inrespect of those persons who are consid-ered as their nationals in accordance withtheir respective legal system.

ii) at the request of a Party, negotia-tions shall be initiated with ACPStates aiming at concluding in goodfaith and with due regard for therelevant rules of international law,bilateral agreements governing spe-cific obligations for the readmissionand return of their nationals. Theseagreements shall also cover, ifdeemed necessary by any of theParties, arrangements for the read-mission of third country nationalsand stateless persons. Such agree-ments will lay down the detailsabout the categories of personscovered by these arrangements aswell as the modalities of their read-mission and return.

Adequate assistance to implement theseagreements will be provided to the ACPStates.

iii) for the purposes of this point (c), theterm “Parties” shall refer to theCommunity, any of its Member Statesand any ACP State.


Community, and a head of mission rep-resenting an ACP State, designated bythe ACP States.

2. The Committee shall assist the Councilof Ministers in the fulfilment of itstasks and carry out any mandateentrusted to it by the Council. In thiscontext, it shall monitor implementationof this Agreement and progress towardsachieving the objectives set therein.

The Committee of Ambassadors shallmeet regularly, in particular to preparethe Council sessions and whenever itproves necessary.

3. The Committee shall adopt its rules ofprocedure within six months of theentry into force of this Agreement.

ARTICLE 17The Joint Parliamentary Assembly

1. The Joint Parliamentary Assembly shallbe composed of equal numbers of EUand ACP representatives. The membersof the Joint Parliamentary Assemblyshall be, on the one hand, members ofthe European Parliament and, on theother, members of parliament or, failingthis, representatives designated by theparliament of each ACP State. In theabsence of a parliament, the attend-ance of a representative from the ACPState concerned shall be subject to theprior approval of the Joint ParliamentaryAssembly.

2. The role of the Joint ParliamentaryAssembly, as a consultative body, shallbe to:

- promote democratic processes throughdialogue and consultation;

- facilitate greater understandingbetween the peoples of the EuropeanUnion and those of the ACP States andraise public awareness of develop-ment issues;

- discuss issues pertaining to develop-ment and the ACP-EU Partnership;

- adopt resolutions and make recom-mendations to the Council of Ministerswith a view to achieving the objectivesof this Agreement.

3. The Joint Parliamentary Assembly shallmeet twice a year in plenary session,alternately in the European Union andin an ACP State. With a view to strength-ening regional integration and fosteringcooperation between national parlia-ments, meetings between EU and ACPmembers of parliament may bearranged at regional or subregionallevel.

The Joint Parliamentary Assembly shallorganise regular contacts with repre-sentatives of the ACP EU economic andsocial partners and the other actors ofcivil society in order to obtain theirviews on the attainment of the object-ives of this Agreement.

4. The Joint Parliamentary Assembly shalladopt its rules of procedure within sixmonths of the entry into force of thisAgreement.


ARTICLE 14The joint institutions

The institutions of this Agreement are theCouncil of Ministers, the Committee ofAmbassadors and the Joint ParliamentaryAssembly.

ARTICLE 15The Council of Ministers

1. The Council of Ministers shall comprise,on the one hand, the members of theCouncil of the European Union andmembers of the Commission of theEuropean Communities and, on theother, a member of the government ofeach ACP State.

The office of the President of the Councilof Ministers shall be held alternatelyby a member of the Council of theEuropean Union and a member of thegovernment of an ACP State.

The Council shall meet as a rule once ayear on the initiative of the Presidentand whenever it seems necessary, in aform and a geographical compositionappropriate to the issues to beaddressed.

2. The functions of the Council of Ministersshall be to:

a) conduct the political dialogue;

b) adopt the policy guidelines and takethe decisions necessary for the imple-mentation of the provisions of thisAgreement, in particular as regardsdevelopment strategies in the specificareas provided for by this Agreement orany other area that should prove rele-vant, and as regards procedures;

c) examine and resolve any issue liableto impede the effective and efficientimplementation of this Agreement orpresent an obstacle to achieving itsobjectives;

d) ensure the smooth functioning of theconsultation mechanisms.

3. The Council of Ministers shall take itsdecisions by common agreement of theParties. The proceedings of the Councilof Ministers shall be valid only if halfthe members of the Council of theEuropean Union, one member of theCommission and two thirds of the mem-bers representing the governments ofthe ACP States are present. Any mem-ber of the Council of Ministers unableto attend may be represented. The rep-resentative shall exercise all the rightsof that member.

It may take decisions that are bindingon the Parties and frame resolutions,recommendations and opinions. It shallexamine and take into consideration resolutions and recommendations adopt-ed by the Joint Parliamentary Assembly.

The Council of Ministers shall conductan ongoing dialogue with the represen-tatives of the social and economic part-ners and other actors of civil societyin the ACP and the EU. To that end, con-sultations may be held alongside itsmeetings.

4. The Council of Ministers may dele-gate powers to the Committee ofAmbassadors.

5. The Council of Ministers shall adopt itsrules of procedure within six months ofthe entry into force of this Agreement.

ARTICLE 16The Committee of Ambassadors

1. The Committee of Ambassadors shallcomprise, on the one hand, the perma-nent representative of each MemberState to the European Union and a rep-resentative of the Commission and, onthe other, the head of mission of eachACP State to the European Union.

The office of Chairman of the Committeeof Ambassadors shall be held alternate-ly by a Permanent Representative of a Member State designated by the


PART 3

COOPERATION STRATEGIES


3. The detailed texts as regards develop-ment cooperation objectives andstrategies, in particular sectoral pol-icies and strategies shall be incorpor-ated in a compendium providing oper-ational guidelines in specific areas orsectors of cooperation. These textsmay be revised, reviewed and/oramended by the Council of Ministerson the basis of a recommendation fromthe ACP-EC Development FinanceCooperation Committee.

CHAPTER 2AREAS OF SUPPORT

SECTION 1ECONOMIC DEVELOPMENT

ARTICLE 21Investment and private sector

development

1. Cooperation shall support the neces-sary economic and institutional reformsand policies at national and/or regionallevel, aiming at creating a favourableenvironment for private investment,and the development of a dynamic,viable and competitive private sector.Cooperation shall further support:

a) the promotion of public-private sectordialogue and cooperation;

b) the development of entrepreneurialskills and business culture;

c) privatisation and enterprise reform;and

d) development and modernisation ofmediation and arbitration systems.

2. Cooperation shall also support improvingthe quality, availability and accessibilityof financial and non-financial servicesto private enterprises, both formal andinformal; by:

a) catalysing and leveraging flows of pri-vate savings, both domestic and foreign,into the financing of private enterprisesby supporting policies for developing amodern financial sector including a cap-ital market, financial institutions andsustainable microfinance operations;

b) development and strengthening ofbusiness institutions and intermediaryorganisations, associations, chambersof commerce and local providers fromthe private sector supporting and pro-viding non-financial services to enter-prises such as professional, technical,management, training and commercialsupport services; and

c) supporting institutions, programmes,activities and initiatives that contributeto the development and transfer oftechnologies and know how and bestpractices on all aspects of businessmanagement.

3. Cooperation shall promote businessdevelopment through the provision offinance, guarantee facilities and techni-cal support aimed at encouraging andsupporting the creation, establishment,expansion, diversification, rehabilita-tion, restructuring, modernisation or pri-vatisation of dynamic, viable and com-petitive enterprises in all economic sec-tors as well as financial intermediariessuch as development finance and ven-ture capital institutions, and leasingcompanies by:

a) creating and/or strengthening financialinstruments in the form of investmentcapital;

b) improving access to essential inputssuch as business information and advi-sory, consultancy or technical assist-ance services;

c) enhancement of export activities, inparticular through capacity building inall trade-related areas; and

d) encouraging inter-firm linkages, net-works and cooperation including thoseinvolving the transfer of technology and


ARTICLE 18

The cooperation strategies shall bebased on development strategies andeconomic and trade cooperation whichare interlinked and complementary. TheParties shall ensure that the effortsundertaken in both aforementioned areasare mutually reinforcing.

TITLE IDEVELOPMENT

STRATEGIES

CHAPTER 1GENERAL FRAMEWORK

ARTICLE 19Principles and objectives

1. The central objective of ACP-EC cooper-ation is poverty reduction and ultimate-ly its eradication; sustainable develop-ment; and progressive integration ofthe ACP countries into the world econ-omy. In this context, cooperation frame-work and orientations shall be tailoredto the individual circumstances of eachACP country, shall promote local owner-ship of economic and social reformsand the integration of the private sectorand civil society actors into the develop-ment process.

2. Cooperation shall refer to the conclu-sions of United Nations Conferencesand to the objectives, targets and actionprogrammes agreed at internationallevel and to their follow up as a basisfor development principles. Cooperationshall also refer to the international devel-opment cooperation targets and shallpay particular attention to putting inplace qualitative and quantitative indica-tors of progress.

3. Governments and non-State actors ineach ACP country shall initiate consult-ations on country development strat-egies and community support thereto.

ARTICLE 20The Approach

1. The objectives of ACP-EC developmentcooperation shall be pursued throughintegrated strategies that incorporateeconomic, social, cultural, environmen-tal and institutional elements that mustbe locally owned. Cooperation shallthus provide a coherent enabling frame-work of support to the ACP’s own devel-opment strategies, ensuring comple-mentarity and interaction between thevarious elements. In this context andwithin the framework of developmentpolicies and reforms pursued by theACP States, ACP-EC cooperation strat-egies shall aim at:

a) achieving rapid and sustained job-creating economic growth, developingthe private sector, increasing employ-ment, improving access to productiveeconomic activities and resource, andfostering regional cooperation andintegration;

b) promoting human and social develop-ment helping to ensure that the fruitsof growth are widely and equitablyshared and promoting gender equality;

c) promoting cultural values of communi-ties and specific interactions with eco-nomic, political and social elements;

d) promoting institutional reforms anddevelopment, strengthening the insti-tutions necessary for the consolidationof democracy, good governance and forefficient and competitive marketeconomies; and building capacity fordevelopment and partnership; and

e) promoting environmental sustainabil-ity, regeneration and best practices,and the preservation of natural resourcebase.

2. Systematic account shall be taken inmainstreaming into all areas of coopera-tion the following thematic or cross-cut-ting themes : gender issues, environmen-tal issues and institutional developmentand capacity building. These areas shallalso be eligible for Community support.


a) the development of training systemsthat help increase productivity in boththe formal and the informal sectors;

b) capital, credit, land, especially asregards property rights and use;

c) development of rural strategies aimedat establishing a framework for partici-patory decentralised planning, resourceallocation and management;

d) agricultural production strategies,national and regional food securitypolicies, sustainable development ofwater resources and fisheries as wellas marine resources within the eco-nomic exclusive zones of the ACPStates. Any fishery agreement thatmay be negotiated between theCommunity and the ACP States shallpay due consideration to consistencywith the development strategies inthis area;

e) economic and technological infrastruc-ture and services, including transport,telecommunication systems, communi-cation services and the development ofinformation society;

f ) development of competitive industrial,mining and energy sectors, whileencouraging private sector involvementand development;

g) trade development, including the promo-tion of fair trade;

h) development of business, finance andbanking; and other service sectors;

i) tourism development; and

j) development of scientific, technologicaland research infrastructure and ser-vices; including the enhancement, trans-fer and absorption of new technologies;

k) the strengthening of capacities in pro-ductive areas, especially in public andprivate sectors;

l) the promotion of traditional knowledge.

ARTICLE 24Tourism

Cooperation will aim at the sustainabledevelopment of the tourism industry inACP countries and sub regions, recognis-ing its increasing importance to thegrowth of the services sector in ACP coun-tries and to the expansion of their globaltrade, its ability to stimulate other sectorsof economic activity, and the role it canplay in poverty eradication.

Cooperation programmes and projectswill support the efforts of ACP countries toestablish and improve the countries legaland institutional framework andresources for the development and imple-mentation of sustainable tourism policiesand programmes, as well as inter alia,improving the competitive position of thesector, especially small and medium-sizedenterprises (SMEs), investment supportand promotion, product developmentincluding the development of indigenouscultures in ACP countries, and strengthen-ing linkages between tourism and othersectors of economic activity.

SECTION 2SOCIAL AND HUMAN

DEVELOPMENT

ARTICLE 25Social sector development

1. Cooperation shall support ACP States’efforts at developing general and sec-toral policies and reforms whichimprove the coverage, quality of andaccess to basic social infrastructure andservices and take account of localneeds and specific demands of the mostvulnerable and disadvantaged, thusreducing the inequalities of access tothese services. Special attention shallbe paid to ensuring adequate levels ofpublic spending in the social sectors. Inthis context, cooperation shall aim at:


know-how at national, regional and ACPEU levels, and partnerships with privateforeign investors which are consistentwith the objectives and guidelines ofACP-EC Development cooperation.

4. Cooperation shall support microenter-prise development through betteraccess to financial and non-financialservices; an appropriate policy andregulatory framework for their devel-opment; and provide training andinformation services on best practicesin microfinance.

5. Support for investment and private sec-tor development shall integrate actionsand initiatives at macro, meso and microeconomic levels.

ARTICLE 22Macroeconomic and structural

reforms and policies

1. Cooperation shall support ACP effortsto implement:

a) macroeconomic growth and stabilisa-tion through disciplined fiscal and mon-etary policies that result in the reduc-tion of inflation, and improve externaland fiscal balances, by strengtheningfiscal discipline, enhancing budgetarytransparency and efficiency, improvingthe quality, the equity and compositionof fiscal policy; and

b) structural policies designed to reinforcethe role of the different actors, especial-ly the private sector and improve theenvironment for increases in business,investment and employment, as well as:

i) liberalise trade and foreign exchangeregimes and current account convert-ibility, having regard to the particularcircumstances of each country;

ii) strengthen labour and product-market reforms;

iii) encourage financial systems reformswhich help to develop viable bank-

ing and non-banking systems, cap-ital markets and financial services,including micro finance;

iv) improve the quality of private andpublic services; and

v) encourage regional cooperation andprogressive integration of macro-economic and monetary policies.

2. The design of macroeconomic policiesand structural adjustment programmesshall reflect the socio political back-ground and institutional capacity of thecountries concerned, ensure a positiveimpact on poverty reduction and socialservices access and shall be based onthe following principles:

a) the ACP States shall bear primaryresponsibility for the analysis of theproblems to be solved, the design andthe implementation of the reforms;

b) support programmes shall be adaptedto the different situation in each ACPState and be sensitive to the social con-ditions, culture and environment ofthese States;

c) the right of the ACP States to determinethe direction and the sequencing of theirdevelopment strategies and prioritiesshall be recognised and respected;

d) the pace of reforms shall be realisticand compatible with each ACP State’scapacities and resources; and

e) strengthening the communication andthe information of populations on eco-nomic and social reforms and policies.

ARTICLE 23Economic sector development

Cooperation shall support sustainable pol-icy and institutional reforms and theinvestments necessary for equitable accessto economic activities and productiveresources, particularly:



a) improving education and training, andbuilding technical capacity and skills;

b) improving health systems and nutri-tion, eliminating hunger and malnutri-tion, ensuring adequate food supplyand security;

c) integrating population issues intodevelopment strategies in order toimprove reproductive health, primaryhealth care, family planning; and preven-tion of female genital mutilation;

d) promoting the fight against:

- HIV/AIDS, ensuring the protection ofsexual and reproductive health andrights of women;

- other poverty-related diseases, particu-larly malaria and tuberculosis;

e) increasing the security of householdwater and improving access to safewater and adequate sanitation;

f ) improving the availability of affordableand adequate shelter for all throughsupporting low cost and low incomehousing programs and improving urbandevelopment; and

g) encouraging the promotion of partici-patory methods of social dialogue aswell as respect for basic social rights.

2. Cooperation shall also support cap-acity-building in social areas such asprogrammes for training in the designof social policies and modern methodsfor managing social projects and pro-grammes; policies conducive to techno-logical innovation and research; build-ing local expertise and promoting part-nerships; and round-table discussionsat national and/or regional level.

3. Cooperation shall promote and supportthe development and implementation ofpolicies and of systems of social protectionand security in order to enhance socialcohesion and to promote self help andcommunity solidarity. The focus of the sup-port shall, inter-alia, be on developing ini-tiatives based on economic solidarity, par-ticularly by setting-up social developmentfunds adapted to local needs and actors.

ARTICLE 26Youth issues

Cooperation shall also support the estab-lishment of a coherent and comprehen-sive policy for realising the potential ofyouth so that they are better integratedinto society to achieve their full potential.In this context, cooperation shall supportpolicies, measures and operations aimedat:

a) protecting the rights of children andyouth, especially those of girl children;

b) promoting the skills, energy, innovationand potential of youth in order toenhance their economic, social and cul-tural opportunities and enlarge theiremployment opportunities in the pro-ductive sector;

c) helping community-based institutionsto give children the opportunity todevelop their physical, psychological,social and economic potential;

d) reintegrating into society children in postconflict situations through rehabilitationprogrammes; and

e) promoting the active participation ofyoung citizens in public life and foster-ing student exchanges and interactionof ACP and EU youth organisations.

ARTICLE 27Cultural development

Cooperation in the area of culture shallaim at:

a) integrating the cultural dimension at alllevels of development cooperation;

b) recognising, preserving and promotingcultural values and identities to enableinter cultural dialogue;

c) recognising, preserving and promotingthe value of cultural heritage; supportingthe development of capacity in this sec-tor; and


d) developing cultural industries and

enhancing market access opportunities

for cultural goods and services.

SECTION 3REGIONAL COOPERATION

AND INTEGRATION

ARTICLE 28General approach

Cooperation shall provide effective assist-ance to achieve the objectives and prior-ities which the ACP States have set them-selves in the context of regional and sub-regional cooperation and integration,including inter-regional and intra ACPcooperation. Regional Cooperation mayalso involve non-ACP developing coun-tries as well as Overseas Countries andTerritories (OCTs) and outermost regions.In this context, cooperation support shallaim to:

a) foster the gradual integration of theACP States into the world economy;

b) accelerate economic cooperation anddevelopment both within and betweenthe regions of the ACP States;

c) promote the free movement of persons,goods, services, capital, labour andtechnology among ACP countries;

d) accelerate diversification of theeconomies of the ACP States; and co-ordination and harmonisation ofregional and sub-regional cooperationpolicies; and

e) promote and expand inter and intra ACPtrade and with third countries.

ARTICLE 29Regional economic integration

Cooperation shall, in the area of regionaleconomic integration, support:

a) developing and strengthening thecapacities of:

i) regional integration institutions andorganisations set up by the ACP Statesand those with ACP State participationthat promote regional cooperationand integration, and

ii) national governments and parlia-ments in matters of regional integra-tion;

b) fostering participation of LeastDeveloped Countries (LDC) ACP Statesin the establishment of regional mar-kets and sharing the benefits therefrom;

c) implementation of sectoral reform pol-icies at regional level;

d) liberalisation of trade and payments;

e) promoting cross border investmentsboth foreign and domestic, and otherregional or sub regional economic inte-gration initiatives; and

f ) taking account of the effects of nettransitional costs of regional integra-tion on budget revenue and balance ofpayments.

ARTICLE 30Regional Cooperation

1. Cooperation shall, in the area of region-al cooperation, support a wide varietyof functional and thematic fields whichspecifically address common problemsand take advantage of scale ofeconomies, including:

a) infrastructure particularly transportand communications and safety thereofand services, including the develop-ment of regional opportunities in thearea of Information and CommunicationTechnologies (ICT);

b) the environment; water resource man-agement and energy;

c) health, education and training;

d) research and technological develop-ment;

v) desertification, drought and defor-estation;

vi) developing innovative solutions tourban environmental problems; and

vii) promotion of sustainable tourism.

d) Taking into account issues relating tothe transport and disposal of hazardouswaste.

2. Cooperation shall also take account of:

a) the vulnerability of small island ACPcountries, especially to the threat posedby climate change;

b) the worsening drought and desertifica-tion problems especially of least devel-oped and land locked countries; and

c) Institutional development and capacitybuilding

ARTICLE 33Institutional development

and capacity building

1. Cooperation shall pay systematic atten-tion to institutional aspects and in thiscontext, shall support the efforts of theACP States to develop and strengthenstructures, institutions and proceduresthat help to:

a) promote and sustain democracy, humandignity, social justice and pluralism, withfull respect for diversity within andamong societies;

b) promote and sustain universal and fullrespect for and observance and protec-tion of all human rights and fundamen-tal freedoms;

c) develop and strengthen the rule of law;and improve access to justice, whileguaranteeing the professionalism andindependence of the judicial systems;and

d) ensure transparent and accountablegovernance and administration in allpublic institutions.

2. The Parties shall work together in thefight against bribery and corruption inall their societies.

3. Cooperation shall support ACP States’efforts to develop their public institu-tions into a positive force for growthand development and to achieve majorimprovements in the efficiency ofgovernment services as they affectthe lives of ordinary people. In thiscontext, cooperation shall assist thereform, rationalisation and themodernisation of the public sector.Specifically, cooperation support shallfocus on:

a) the reform and modernisation of thecivil service;

b) legal and judicial reforms and moderni-sation of justice systems;

c) improvement and strengthening of pub-lic finance management;

d) accelerating reforms of the bankingand financial sector;

e) improvement of the management ofpublic assets and reform of public pro-curement procedures; and

f ) political, administrative, economic andfinancial decentralisation.

4. Cooperation shall also assist to restoreand/or enhance critical public sectorcapacity and to support institutionsneeded to underpin a market economy,especially support for:

a) developing legal and regulatory cap-abilities needed to cope with the opera-tion of a market economy, includingcompetition policy and consumer policy;

b) improving capacity to analyse, plan,formulate and implement policies, inparticular in the economic, social,environmental, research, science andtechnology and innovation fields;

c) modernising, strengthening andreforming financial and monetary insti-tutions and improving procedures;


e) regional initiatives for disaster pre-paredness and mitigation; and

f ) other areas, including arms control,action against drugs, organised crimes,money laundering, bribery and corrup-tion.

2. Cooperation shall also support interand intra-ACP cooperation schemes andinitiatives, including those involvingnon-ACP developing countries.

3. Cooperation shall help promote anddevelop a regional political dialogue inareas of conflict prevention and resolu-tion; human rights and democratisa-tion; exchange, networking, and pro-motion of mobility between the differ-ent actors of development, in particularin civil society.

SECTION 4THEMATIC AND CROSS-CUTTING

ISSUES

ARTICLE 31Gender issues

Cooperation shall help strengthen policiesand programmes that improve, ensureand broaden the equal participation ofmen and women in all spheres of politi-cal, economic, social and cultural life.Cooperation shall help improve the accessof women to all resources required for thefull exercise of their fundamental rights.More specifically, cooperation shall createthe appropriate framework to:

a) integrate a gender-sensitive approachand concerns at every level of develop-ment cooperation including macro-economic policies, strategies and oper-ations; and

b) encourage the adoption of specificpositive measures in favour of womensuch as:

i) participation in national and localpolitics;

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 tolabour market; and

v) taking specific account of women inemergency aid and rehabilitationoperations.

ARTICLE 32Environment and natural resources

1. Cooperation on environmental protectionand sustainable utilisation and manage-ment of natural resources shall aim at:

a) mainstreaming environmental sustain-ability into all aspects of developmentcooperation and support programmesand projects implemented by the variousactors;

b) building and/or strengthening the sci-entific and technical human and insti-tutional capacity for environmentalmanagement for all environmentalstakeholders;

c) supporting specific measures andschemes aimed at addressing criticalsustainable management issues andalso relating to current and futureregional and international commit-ments concerning mineral and naturalresources such as:

i) tropical forests, water resources,coastal, marine and fisheriesresources, wildlife, soils, biodiversity;

ii) protection of fragile ecosystems(e.g. coral reef );

iii) renewable energy sources notablysolar energy and energy efficiency;

iv) sustainable rural and urban devel-opment;


provisions of the WTO, including specialand differential treatment, taking accountof the Parties’ mutual interests and theirrespective levels of development.

ARTICLE 35Principles

1. Economic and trade cooperation shallbe based on a true, strengthened andstrategic partnership. It shall further bebased on a comprehensive approachwhich builds on the strengths andachievements of the previous ACP-ECConventions, using all means availableto achieve the objectives set out aboveby addressing supply and demand sideconstraints. In this context, particularregard shall be had to trade develop-ment measures as a means of enhanc-ing ACP States’ competitiveness.Appropriate weight shall therefore begiven to trade development within theACP States’ development strategies,which the Community shall support.

2. Economic and trade cooperation shallbuild on regional integration initiativesof ACP States, bearing in mind thatregional integration is a key instrumentfor the integration of ACP countries intothe world economy.

3. Economic and trade cooperation shalltake account of the different needs andlevels of development of the ACP coun-tries and regions. In this context, theParties reaffirm their attachment toensuring special and differential treat-ment for all ACP countries and to main-taining special treatment for ACP LDCsand to taking due account of the vulner-ability of small, landlocked and islandcountries.

CHAPTER 2NEW TRADING

ARRANGEMENTS

ARTICLE 36Modalities

1. In view of the objectives and principlesset out above, the Parties agree to con-clude new World Trade Organisation(WTO) compatible trading arrange-ments, removing progressively barriersto trade between them and enhancingcooperation in all areas relevant to trade.

2. The Parties agree that the new tradingarrangements shall be introduced grad-ually and recognise the need, therefore,for a preparatory period.

3. In order to facilitate the transition tothe new trading arrangements, the non-reciprocal trade preferences appliedunder the Fourth ACP-EC Conventionshall be maintained during the prepara-tory period for all ACP countries, underthe conditions defined in Annexe V tothis Agreement.

4. In this context, the Parties reaffirm theimportance of the commodity proto-cols, attached to Annexe V of thisAgreement. They agree on the need toreview them in the context of the newtrading arrangements, in particular asregards their compatibility with WTOrules, with a view to safeguarding thebenefits derived therefrom, bearing inmind the special legal status of theSugar Protocol.

ARTICLE 37Procedures

1. Economic partnership agreements shallbe negotiated during the preparatoryperiod which shall end by 31 December2007 at the latest. Formal negotiationsof the new trading arrangements shallstart in September 2002 and the newtrading arrangements shall enter into


d) building the capacity at the local andmunicipal levels which is required toimplement decentralisation policy andto increase the participation of thepopulation in the development process;and

e) developing capacity in other criticalareas such as:

i) international negotiations; and

ii) management and coordination ofexternal aid.

5. Cooperation shall span all areas andsectors of cooperation to foster theemergence of non State actors and thedevelopment of their capacities; and tostrengthen structures for information,dialogue and consultation betweenthem and the national authorities,including at regional level.

TITLE IIECONOMIC AND

TRADE COOPERATION

CHAPTER 1OBJECTIVES AND PRINCIPLES

ARTICLE 34Objectives

1. Economic and trade cooperation shallaim at fostering the smooth and gradualintegration of the ACP States into theworld economy, with due regard for theirpolitical choices and development prior-ities, thereby promoting their sustain-able development and contributing topoverty eradication in the ACP countries.

2. The ultimate objective of economic andtrade cooperation is to enable the ACPStates to play a full part in internation-al trade. In this context, particularregard shall be had to the need for theACP States to participate actively inmultilateral trade negotiations. Giventhe current level of development of theACP countries, economic and tradecooperation shall be directed atenabling the ACP States to manage thechallenges of globalisation and toadapt progressively to new conditionsof international trade thereby facilitat-ing their transition to the liberalisedglobal economy.

3. To this end economic and trade cooper-ation shall aim at enhancing the pro-duction, supply and trading capacity ofthe ACP countries as well as theircapacity to attract investment. It shallfurther aim at creating a new tradingdynamic between the Parties, atstrengthening the ACP countries tradeand investment policies and at improv-ing the ACP countries’ capacity to han-dle all issues related to trade.

4. Economic and trade cooperation shall beimplemented in full conformity with the


examine the impact of the wider liberal-isation initiatives on ACP-EC trade andthe development of ACP economies. Itshall make any necessary recommen-dations with a view to preserving thebenefits of the ACP-EC trading arrange-ments.

3. The Ministerial Trade Committee shallmeet at least once a year. Its rules ofprocedure shall be laid down by theCouncil of Ministers. It shall be com-posed of representatives of the ACPStates and of the Community.

CHAPTER 3COOPERATION IN

THE INTERNATIONAL FORA

ARTICLE 39General Provisions

1. The Parties underline the importance oftheir active participation in the WTO aswell as in other relevant internationalorganisations by becoming members ofthese organisations and closely follow-ing their agenda and activities.

2. They agree to cooperate closely in iden-tifying and furthering their common in-terests in international economic andtrade cooperation in particular in theWTO, including participation in settingand conducting the agenda in futuremultilateral trade negotiations. In thiscontext, particular attention shall be paidto improve access to the Community andother markets for products and servicesoriginating in the ACP countries.

3. They also agree on the importance offlexibility in WTO rules to take account ofthe ACP’s level of development as well ofthe difficulties faced in meeting their obli-gations. They further agree on the needfor technical assistance to enable theACP countries to implement their com-mitments.

4. The Community agrees to assist the ACPStates in their efforts, in accordance

with the provisions set out in thisAgreement, to become active membersof these organisations, by developingthe necessary capacity to negotiate,participate effectively, monitor andimplement these agreements.

ARTICLE 40Commodities

1. The Parties recognise the need to ensurea better operation of international com-modity markets and to increase markettransparency.

2. They confirm their willingness to stepup consultations between them in theinternational fora and organisationsdealing with commodities.

3. To this end, exchange of views shall takeplace at the request of either Party:

- regarding the operation of existinginternational agreements or spe-cialised intergovernmental workingparties with the aim of improving themand making them more effective, con-sistent with market trends;

- when it is proposed to conclude orrenew an international agreement orset up a specialised intergovernmentalworking party.

The aim of such exchanges of views shallbe to take account of the respectiveinterest of each party. They may takeplace, where necessary, in the frame-work of the Ministerial Trade Committee.

CHAPTER 4TRADE IN SERVICES


1. The Parties underline the growingimportance of services in internationaltrade and their major contribution toeconomic and social development.


force by 1 January 2008, unless earlierdates are agreed between the Parties.

2. All the necessary measures shall betaken so as to ensure that the negoti-ations are successfully concluded withinthe preparatory period. To this end, theperiod up to the start of the formalnegotiations of the new tradingarrangements shall be actively used tomake initial preparations for thesenegotiations.

3. The preparatory period shall also beused for capacity building in the publicand private sectors of ACP countries,including measures to enhance com-petitiveness, for strengthening ofregional organisations and for supportto regional trade integration initiatives,where appropriate with assistance tobudgetary adjustment and fiscal reform,as well as for infrastructure upgradingand development, and for investmentpromotion.

4. The Parties will regularly review theprogress of the preparations and nego-tiations and, will in 2006 carry out a for-mal and comprehensive review of thearrangements planned for all countriesto ensure that no further time is neededfor preparations or negotiations.

5. Negotiations of the economic partner-ship agreements will be undertakenwith ACP countries which considerthemselves in a position to do so, at thelevel they consider appropriate and inaccordance with the procedures agreedby the ACP Group, taking into accountregional integration process within theACP.

6. In 2004, the Community will assess thesituation of the non LDC which, after con-sultations with the Community decidethat they are not in a position to enter intoeconomic partnership agreements andwill examine all alternative possibilities, inorder to provide these countries with anew framework for trade which is equiva-lent to their existing situation and in con-formity with WTO rules.

7. Negotiations of the economic partner-ship agreements shall aim notably atestablishing the timetable for the pro-gressive removal of barriers to tradebetween the Parties, in accordancewith the relevant WTO rules. On theCommunity side trade liberalisationshall build on the acquis and shall aimat improving current market access forthe ACP countries through inter alia, areview of the rules of origin. Negotiationsshall take account of the level of devel-opment and the socio economic impactof trade measures on ACP countries,and their capacity to adapt and adjusttheir economies to the liberalisationprocess. Negotiations will therefore beas flexible as possible in establishingthe duration of a sufficient transitionalperiod, the final product coverage, tak-ing into account sensitive sectors, andthe degree of asymmetry in terms oftimetable for tariff dismantlement,while remaining in conformity with WTOrules then prevailing.

8. The Parties shall closely cooperate andcollaborate in the WTO with a view todefending the arrangements reached,in particular with regard to the degreeof flexibility available.

9. The Community will start by the year2000, a process which by the end ofmultilateral trade negotiations and at thelatest 2005 will allow duty free access foressentially all products from all LDC build-ing on the level of the existing trade provi-sions of the Fourth ACP-EC Conventionand which will simplify and review therules of origin, including cumulation pro-visions, that apply to their exports.

ARTICLE 38Joint Ministerial Trade Committee

1. A Joint ACP-EC Ministerial TradeCommittee shall be established.

2. The Ministerial Trade Committee shallpay special attention to current multi-lateral trade negotiations and shall


4. The Parties will therefore take measuresthat will enable inhabitants of ACPcountries easy access to information andcommunication technologies, through,amongst other, the following measures:

- the development and encouragement ofthe use of affordable renewable energyresources;

- the development and deployment ofmore extensive low-cost wireless net-works; and

- the development and encourage-ment of the use of local content for Information and CommunicationTechnologies

5. The Parties also agree to step up co-operation between them in the area ofinformation and communication tech-nologies, and the Information Society.This cooperation shall, in particular, bedirected towards greater complemen-tarity and harmonisation of communi-cation systems, at national, regionaland international level and their adap-tation to new technologies.

CHAPTER 5TRADE RELATED AREAS


1. The Parties acknowledge the growingimportance of new areas related totrade in facilitating progressive integra-tion of the ACP States into the worldeconomy. They therefore agree tostrengthen their cooperation in theseareas by establishing full and coordin-ated participation in the relevant inter-national fora and agreements.

2. The Community shall support the ACPStates’ efforts, in accordance with theprovisions set out in this Agreementand the development strategies agreed

between the Parties to strengthen theircapacity to handle all areas related totrade, including, where necessary,improving and supporting the institu-tional framework.

ARTICLE 45Competition Policy

1. The Parties agree that the introductionand implementation of effective andsound competition policies and rules areof crucial importance in order to improveand secure an investment friendly cli-mate, a sustainable industrialisationprocess and transparency in the access tomarkets.

2. To ensure the elimination of distortionsto sound competition and with due con-sideration to the different levels ofdevelopment and economic needs ofeach ACP country, they undertake toimplement national or regional rulesand policies including the control andunder certain conditions the prohibi-tion of agreements between undertak-ings, decisions by associations ofundertakings and concerted practicesbetween undertakings which have astheir object or effect the prevention,restriction or distortion of competition.The Parties further agree to prohibit theabuse by one or more undertakings of adominant position in the common mar-ket of the Community or in the territoryof ACP States.

3. The Parties also agree to reinforce co-operation in this area with a view to for-mulating and supporting effective compe-tition policies with the appropriatenational competition agencies thatprogressively ensure the efficientenforcement of the competition rulesby both private and state enterprises.Cooperation in this area shall, in par-ticular, include assistance in the draft-ing of an appropriate legal frameworkand its administrative enforcement withparticular reference to the special situa-tion of the least developed countries.


2. They reaffirm their respective commit-ments under the General Agreement onTrade in Services (GATS), and underlinethe need for special and differentialtreatment to ACP suppliers of services.

3. In the framework of the negotiations forprogressive liberalisation in trade andservices, as provided for in Article XIXof GATS, the Community undertakes togive sympathetic consideration to theACP States’ priorities for improvementin the EC schedule, with a view to meet-ing their specific interests.

4. The Parties further agree on the object-ive of extending under the economicpartnership agreements, and after theyhave acquired some experience inapplying the Most Favoured Nation(MFN) treatment under GATS, theirpartnership to encompass the liberali-sation of services in accordance withthe provisions of GATS and particularlythose relating to the participation ofdeveloping countries in liberalisationagreements.

5. The Community shall support the ACPStates’ efforts to strengthen theircapacity in the supply of services.Particular attention shall be paid toservices related to labour, business,distribution, finance, tourism, cultureand construction and related engineer-ing services with a view to enhancingtheir competitiveness and therebyincreasing the value and the volume oftheir trade in goods and services.

ARTICLE 42Maritime Transport

1. The Parties acknowledge the importanceof cost-effective and efficient maritimetransport services in a safe and cleanmarine environment as the main modeof transportation facilitating inter-national trade and thereby constitutingone of the forces behind economicdevelopment and the development oftrade.

2. They undertake to promote the liberali-sation of maritime transport and to thisend apply effectively the principle ofunrestricted access to the internationalmaritime transport market on a non dis-criminatory and commercial basis.

3. Each Party shall grant, inter alia, atreatment no less favourable than thataccorded to its own ships, for shipsoperated by nationals or companies ofthe other Party, and for ships registeredin the territory of either party, withrespect to access to ports, the use ofinfrastructure and auxiliary maritimeservices of those ports, as well as re-lated fees and charges, customs facil-ities and the assignment of berths andfacilities for loading and unloading.

4. The Community shall support the ACPStates’ efforts to develop and promotecost effective and efficient maritimetransport services in the ACP Stateswith a view to increasing the participa-tion of ACP operators in internationalshipping services.

ARTICLE 43Information and Communication

Technologies, and Information Society

1. The Parties recognise the important roleof information and communication tech-nologies, as well as the active participa-tion in the Information Society, as a pre-requisite for the successful integration ofthe ACP countries into the world economy.

2. They therefore reconfirm their respectivecommitments under existing multilateralagreements, in particular the protocol onBasic Telecommunications attached tothe GATS, and invite those ACP countries,which are not yet members of theseagreements, to accede to them.

3. They furthermore agree to participatefully and actively in any future inter-national negotiation, which might beconducted in this area.


- cooperation in the area of quality man-agement and assurance in selectedsectors of importance to the ACPStates,

- support for capacity building initia-tives in the ACP countries in the fieldsof conformity assessment, metrologyand standardisation,

- developing functioning links betweenACP and European standardisation,conformity assessment and certifica-tion institutions.

3. The Parties undertake to consider, indue course, negotiating mutual recog-nition agreements in sectors of mutualeconomic interest.

ARTICLE 48Sanitary and Phytosanitary Measures

1. The Parties recognise the right of eachParty to adopt or to enforce sanitaryand phytosanitary measures necessaryto protect human, animal or plant life orhealth, subject to the requirement thatthese measures do not constitute ameans of arbitrary discrimination or adisguised restriction to trade, generally.To this end, they reaffirm their commit-ments under the Agreement on theApplication of Sanitary and PhytosanitaryMeasures, annexed to the WTOAgreement (SPS Agreement), takingaccount of their respective level ofdevelopment.

2. They further undertake to reinforcecoordination, consultation and infor-mation as regards notification andapplication of proposed sanitary andphytosanitary measures, in accord-ance with the SPS Agreement when-ever these measures might affect theinterests of either Party. They alsoagree on prior consultation and coord-ination within the CODEX ALIMENTAR-IUS, the International Office ofEpizootics and the International PlantProtection Convention, with a view tofurthering their common interests.

3. The Parties agree to strengthen theircooperation with a view to reinforcing thecapacity of the public and the private sec-tor of the ACP countries in this field.

ARTICLE 49Trade and Environment

1. The Parties reaffirm their commitmentto promoting the development of inter-national trade in such a way as toensure sustainable and sound manage-ment of the environment, in accordancewith the international conventions andundertakings in this area and with dueregard to their respective level of devel-opment. They agree that the specialneeds and requirements of ACP Statesshould be taken into account in thedesign and implementation of environ-ment measures.

2. Bearing in mind the Rio Principles andwith a view to reinforcing the mutual sup-portiveness of trade and environment,the Parties agree to enhance their cooper-ation in this field. Cooperation shall inparticular aim at the establishment ofcoherent national, regional and inter-national policies, reinforcement of quali-ty controls of goods and services relatedto the environment, the improvement ofenvironment friendly production methodsin relevant sectors.

ARTICLE 50Trade and Labour Standards

1. The Parties reaffirm their commitmentto the internationally recognised corelabour standards, as defined by the rele-vant International Labour Organisation(ILO) Conventions, and in particular thefreedom of association and the right tocollective bargaining, the abolition offorced labour, the elimination of worstforms of child labour and non-discrimina-tion in respect to employment.

2. They agree to enhance cooperation inthis area, in particular in the followingfields:


ARTICLE 46Protection of Intellectual Property

Rights

1. Without prejudice to the positions ofthe Parties in multilateral negotiations,the Parties recognise the need toensure an adequate and effective levelof protection of intellectual, industrialand commercial property rights, andother rights covered by TRIPS includingprotection of geographical indications,in line with the international standardswith a view to reducing distortions andimpediments to bilateral trade.

2. They underline the importance, in thiscontext, of adherence to the Agreementon Trade Related Aspects of IntellectualProperty Rights (TRIPS) to the WTOAgreement and the Convention onBiological Diversity (CBD).

3. They also agree on the need to accede toall relevant international conventions onintellectual, industrial and commercialproperty as referred to in Part I of theTRIPS Agreement, in line with their levelof development.

4. The Community, its Member States andthe ACP States may consider the con-clusion of agreements aimed at protect-ing trademarks and geographical indi-cations for products of particular inter-est of either Party.

5. For the purpose of this Agreement,intellectual property includes in par-ticular copyright, including the copy-right on computer programmes, andneighbouring rights, including artisticdesigns, and industrial property whichincludes utility models, patentsincluding patents for bio-technologicalinventions and plant varieties or othereffective sui generis systems, industri-al designs, geographical indicationsincluding appellations of origin, trade-marks for goods or services, topog-raphies of integrated circuits as well asthe legal protection of data bases andthe protection against unfair competi-

tion as referred to in Article 10a of theParis Convention for the Protection ofIndustrial Property and protection ofundisclosed confidential informationon know how.

6. The Parties further agree to strengthentheir cooperation in this field. Uponrequest and on mutually agreed termsand conditions cooperation shall interalia extend to the following areas: thepreparation of laws and regulations forthe protection and enforcement of intel-lectual property rights, the preventionof the abuse of such rights by righthold-ers and the infringement of such rightsby competitors, the establishment andreinforcement of domestic and regionaloffices and other agencies includingsupport for regional intellectual prop-erty organisations involved in enforce-ment and protection, including thetraining of personnel.

ARTICLE 47Standardisation and Certification

1. The Parties agree to cooperate moreclosely in the field of standardisation,certification and quality assurance toremove unnecessary technical barriersand to reduce differences betweenthem in those areas, so as to facilitatetrade.

In this context, they reaffirm theircommitment under the Agreement onTechnical Barriers to trade, annexed tothe WTO Agreement (TBT Agreement).

2. Cooperation in standardisation and cer-tification shall aim at promoting com-patible systems between the Partiesand in particular include:

- measures, in accordance with the TBTAgreement, to promote greater use ofinternational technical regulations,standards and conformity assessmentprocedures, including sector specificmeasures, in accordance with the levelof economic development of ACPcountries,


CHAPTER 6COOPERATION IN OTHER AREAS

ARTICLE 53Fishery Agreements

1. The Parties declare their willingness tonegotiate fishery agreements aimed atguaranteeing sustainable and mutuallysatisfactory conditions for fishing activ-ities in ACP States.

2. In the conclusion or implementation ofsuch agreements, the ACP States shallnot discriminate against the Communityor among the Member States, withoutprejudice to special arrangementsbetween developing States within thesame geographical area, including recip-rocal fishing arrangements, nor shall theCommunity discriminate against ACPStates.

ARTICLE 54Food security

1. With regard to available agriculturalproducts, the Community undertakesto ensure that export refunds can befixed further in advance for all ACPStates in respect of a range of prod-ucts drawn up in the light of the foodrequirements expressed by thoseStates.

2. Advance fixing shall be for one year andshall be applied each year throughoutthe life of this Agreement, it beingunderstood that the level of the refundwill be determined in accordance withthe methods normally followed by theCommission.

3. Specific agreements may be concludedwith those ACP States which so requestin the context of their food securitypolicies.

4. The specific agreements referred to inparagraph 3 shall not place in jeopardyproduction and trade flows in ACPregions.


- exchange of information on therespective legislation and work regula-tion;

- the formulation of national labourlegislation and strengthening of exist-ing legislation;

- educational and awareness raisingprogrammes;

- enforcement of adherence to nationallegislation and work regulation.

3. The Parties agree that labour standardsshould not be used for protectionisttrade purposes.

ARTICLE 51Consumer Policy and Protection of

Consumer Health

1. The Parties agree to step up their co-operation in the area of consumer policyand consumer health protection, havingdue regard to domestic legislation toavoid barriers to trade.

2. Cooperation shall, in particular, aim atimproving the institutional and technicalcapacity in this area, establishing rapidalert systems of mutual information ondangerous products, exchanginginformation and experiences on theestablishment and operation of postmarket surveillance of products andproduct safety, improving informationprovided to consumers on prices,characteristics of products and servicesoffered, encouraging the developmentof independent consumer associationsand contacts between consumer interestrepresentatives, improving compatibilityof consumer policies and systems,notifying enforcement of the legislationand promoting cooperation ininvestigating harmful or unfair businesspractices and implementing exportsprohibitions in the trade between theParties of goods and services themarketing of which has been prohibitedin their country of production.

ARTICLE 52Tax Carve-out Clause

1. Without prejudice to the provisions ofArticle 31 of Annexe IV, the Most FavouredNation treatment granted in accordancewith the provisions of this Agreement, orany arrangement adopted under thisAgreement, does not apply to tax advan-tages which the Parties are providing ormay provide in the future on the basis ofagreements to avoid double taxation orother tax arrangements, or domestic fis-cal legislation.

2. Nothing in this Agreement, or in anyarrangements adopted under thisAgreement, may be construed to preventthe adoption or enforcement of anymeasure aimed at preventing the avoid-ance or evasion of taxes pursuant to thetax provisions of agreements to avoiddouble taxation or other tax arrange-ments, or domestic fiscal legislation.

3. Nothing in this Agreement, or in anyarrangements adopted under thisAgreement, shall be construed to preventthe Parties from distinguishing, in theapplication of the relevant provisions oftheir fiscal legislation, between taxpay-ers who are not in the same situation, inparticular with regard to their place ofresidence, or with regard to the placewhere their capital is invested.



PART 4

DEVELOPMENT FINANCE COOPERATION

b) adopting the indicative programmes;

c) appraising projects and programmes;

d) ensuring equality of conditions for par-ticipation in invitations to tender andcontracts;

e) monitoring and evaluating the effectsand results of projects and programmes;and

f) ensuring the proper, prompt and efficientexecution of projects and programmes.

5. The Community shall be responsible fortaking financing decisions on projectsand programmes.

6. Unless otherwise provided for in thisAgreement, all decisions requiring theapproval of either Party shall beapproved, or be deemed approved, with-in 60 days of notification by the otherParty.

ARTICLE 58Eligibility for financing

1. The following entities or bodies shall beeligible for financial support providedunder the Agreement:

a) ACP States;

b) regional or inter-State bodies to whichone or more ACP States belong, includ-ing bodies with non-ACP State mem-bers, which are authorised by thoseACP States; and

c) joint bodies set up by the ACP Statesand the Community to pursue certainspecific objectives.

2. Subject to the agreement of the ACPState or ACP States concerned, the fol-lowing shall also be eligible for finan-cial support:

a) national and/or regional public or semi-public agencies and departments of ACPStates, including Parliaments, and, in

particular, their financial institutions anddevelopment banks;

b) companies, firms and other privateorganisations and private operators ofACP States;

c) enterprises of a Community MemberState to enable them, in addition to theirown contribution, to undertake produc-tive projects in the territory of an ACPState;

d) ACP or Community financial intermedi-aries providing, promoting and financingprivate investments in ACP States; and

e) local decentralised authorities fromACP States and the Community; and

f ) developing countries that are not partof the ACP Group where they participatein a joint initiative or regional organisa-tion with ACP States.

3. Non-State actors from ACP States andthe Community which have a localcharacter shall be eligible for financialsupport provided under this Agreement,according to the modalities agreed inthe national and regional indicativeprogrammes.

CHAPTER 2SCOPE AND NATURE

OF FINANCING

ARTICLE 59

Within the framework of the prioritiesestablished by the ACP State or Statesconcerned at both national and regionallevels, support may be given to projects,programmes and other forms of opera-tions contributing to the objectives set outin this Agreement.

ARTICLE 60Scope of Financing

The scope of financing may include, interalia, depending on the needs and the


TITLE IGENERAL

PROVISIONS

CHAPTER 1OBJECTIVES, PRINCIPLES,

GUIDELINES AND ELIGIBILITY


The objectives of development financecooperation shall be, through the provi-sion of adequate financial resources andappropriate technical assistance, to sup-port and promote the efforts of ACP Statesto achieve the objectives set out in thisAgreement on the basis of mutual interestand in a spirit of interdependence.

ARTICLE 56Principles

1. Development finance cooperation shallbe implemented on the basis of and beconsistent with the development objec-tives, strategies and priorities estab-lished by the ACP States, at both nation-al and regional levels. Their respectivegeographical, social and cultural char-acteristics, as well as their specificpotential, shall be taken into account. Inaddition, cooperation shall:

a) promote local ownership at all levels ofthe development process;

b) reflect a partnership based on mutualrights and obligations;

c) emphasise the importance of pre-dictability and security in resource flows,granted on highly concessional termsand on a continuous basis;

d) be flexible and appropriate to the situa-tion in each ACP State as well as adaptedto the specific nature of the project or pro-gramme concerned; and

e) ensure efficiency, coordination andconsistency.

2. Cooperation shall ensure special treat-ment for LDC ACP countries and dulytake into account the vulnerability oflandlocked and island ACP countries. Inaddition, the specific needs of post-conflict countries shall also beaddressed.

ARTICLE 57Guidelines

1. Operations financed within the frame-work of this Agreement shall be imple-mented by the ACP States and theCommunity in close cooperation, theconcept of equality between the part-ners being recognised.

2. The ACP States shall be responsible for:

a) defining the objectives and priorities onwhich the indicative programmes arebased;

b) choosing projects and programmes;

c) preparing and presenting the dossiersof projects and programmes;

d) preparing, negotiating and concludingcontracts;

e) implementing and managing projectsand programmes; and

f ) maintaining projects and programmes.

3. Without prejudice to the provisionsabove, eligible non State actors mayalso be responsible for proposing andimplementing programmes and pro-jects in areas concerning them.

4. The ACP States and the Community shallbe jointly responsible for:

a) establishing, within the joint institu-tions, the guidelines for developmentfinance cooperation;


ing to the achievement of the objectivesof this Agreement.

6. The funds provided under the Agreementmay be used to cover the total costs ofboth the local and foreign expenditure ofprojects and programmes, includingrecurrent cost financing.

TITLE IIFINANCIAL

COOPERATION

CHAPTER 1FINANCIAL RESOURCES

ARTICLE 62Overall amount

1. For the purposes set out in thisAgreement, the overall amount of theCommunity’s financial assistance and thedetailed terms and conditions of financ-ing are provided for in the Annexes to thisAgreement.

2. Should an ACP State fail to ratify thisAgreement or denounce it, the Partiesshall adjust the amounts of theresources provided for in the FinancialProtocol set out in Annexe I.Adjustment of the financial resourcesshall also apply upon:

a) the accession to the Agreement of newACP States which did not take part in itsnegotiation; and

b) the enlargement of the Community.

ARTICLE 63Methods of financing

The 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 geo-graphical situation and economic andfinancial circumstances of theseStates;

b) the nature of the project or programme,its economic and financial return aswell as its social and cultural impact;and

c) in the case of loans, factors guarantee-ing their servicing.

ARTICLE 64On lending operations

1. Financial assistance may be made avail-able to or through the ACP States con-cerned or, subject to the provisions ofthis Agreement through eligible finan-cial institutions or directly to any othereligible beneficiary. Where financialassistance is granted to the final recipi-ent through an intermediary or directlyto the final beneficiary in the privatesector:

a) the terms and conditions on which theassistance may be made available bythe intermediary to the final recipient ordirectly to the final beneficiary in theprivate sector shall be laid down in thefinancing agreement or loan contract;and

b) any financial benefit accruing to theintermediary from the on lending trans-action or resulting from direct lendingoperations to the final beneficiary inthe private sector, shall be used fordevelopment purposes on the condi-tions laid down in the financing agree-ment or the loan contract, after takinginto account administrative costs,exchange and financial risks and thecost of technical assistance given to thefinal recipient.

2. Where the financing is undertakenthrough an on-lending body basedand/or operating in the ACP States, itshall be the responsibility of that body toselect and appraise individual projects


types of operation considered mostappropriate, support to:

a) measures which contribute to attenuatethe debt burden and balance of pay-ments problems of the ACP countries;

b) macroeconomic and structural reformsand policies;

c) mitigation of adverse effects of in-stability in export earnings;

d) sectoral policies and reforms;

e) institutional development and capacitybuilding;

f) technical cooperation programmes; and

g) humanitarian and emergency assist-ance including assistance to refugeesand displaced persons, short termrehabilitation measures and disasterpreparedness.

ARTICLE 61Nature of Financing

1. The nature of financing shall, inter alia,include:

a) projects and programmes;

b) credit lines, guarantee schemes andequity participation;

c) budgetary support, either directly, forthe ACP States whose currencies areconvertible and freely transferable, orindirectly, from counterparts funds gen-erated by the various Communityinstruments;

d) the human and material resources ne-cessary for effective administrationand supervision of projects and pro-grammes;

e) sectoral and general import supportprogrammes which may take the formof:

i) sectoral import programmes throughdirect procurement including financ-

ing of inputs in the productive sys-tem and supplies to improve socialservices;

ii) sectoral import programmes in theform of foreign exchange released ininstalments for financing sectoralimports; and

iii) general import programmes in theform of foreign exchange released ininstalments for financing generalimports covering a wide range ofproducts.

2. Direct budgetary assistance in supportof macroeconomic or sectoral reformsshall be granted where:

a) public expenditure management is suf-ficiently transparent, accountable andeffective;

b) well defined macroeconomic or sec-toral policies established by the coun-try itself and agreed to by its maindonors are in place; and

c) public procurement is open and trans-parent.

3. Similar direct budgetary assistanceshall be granted gradually to sectoralpolicies in substitution for individualprojects.

4. The instruments of import programmesor budgetary support defined above canalso be used to support eligible ACPStates implementing reforms aimed atintra-regional economic liberalisationwhich generate net transitional costs.

5. In the framework of the Agreement, theEuropean Development Fund (here-inafter referred to as the Fund) includingcounterpart funds, unexpended balancefrom previous Funds, own resources ofthe European Investment Bank (here-inafter referred to as the Bank) andwhere appropriate resources drawn fromthe European Community’s budget, shallbe used to finance projects, programmesand other forms of operations contribut-


amount required for payments innational currency.

4. Given the seriousness of the inter-national debt problem and its impact oneconomic growth, the Parties declaretheir readiness to continue to exchangeviews, within the context of internation-al discussions, on the general problemof debt, and without prejudice to spe-cific discussions taking place in the rele-vant fora.

ARTICLE 67Structural adjustment support

1. The Agreement shall provide support formacroeconomic and sectoral reformsimplemented by the ACP States. In thisframework, the Parties shall ensure thatadjustment is economically viable andsocially and politically bearable. Supportshall be given in the context of a jointassessment between the Communityand the ACP State concerned on thereform measures being undertaken orcontemplated either at macroeconomicor sectoral level, and permit an overallevaluation of the reform efforts. Quickdisbursement shall be an important fea-ture of support programmes.

2. The ACP States and the Communityrecognise the necessity to encouragereform programmes at regional levelensuring that, in the preparation andexecution of national programmes, dueconsideration is given to regional activ-ities which have an influence on nation-al development. To this end, support forstructural adjustment shall also seekto:

a) incorporate, from the beginning of thediagnosis, measures to encourageregional integration and take account ofthe consequences of trans borderadjustment;

b) support the harmonisation and coordi-nation of macroeconomic and sectoralpolicies, including fiscal and customsareas, so as to fulfil the dual aim ofregional integration and of structuralreform at national level; and

c) take account of the effects of net transi-tional costs of regional integration onbudget revenue and balance of pay-ments, either through general importprogrammes or budgetary support.

3. ACP States undertaking or contemplat-ing reform at the macroeconomic or sec-toral level shall be eligible for structuraladjustment assistance, giving consider-ation to the regional context, theireffectiveness and the likely impact onthe economic, social and political dimen-sion of development and on economicand social hardships being experienced.

4. The ACP States undertaking reformprogrammes that are acknowledgedand supported at least by the principalmultilateral donors, or that are agreedwith such donors but not necessarilyfinancially supported by them, shall betreated as having automatically satis-fied the requirements for adjustmentassistance.

5. Structural adjustment support shall bemobilised in a flexible manner and in theform of sectoral and general import pro-grammes or budgetary support.

6. The preparation, appraisal and financingdecision for structural adjustment pro-grammes shall be carried out accordingto the provisions on implementation pro-cedures of this Agreement with dueregard to the quick disbursing feature ofstructural adjustment programmes. On acase-by-case basis, retroactive financingof a limited part of imports of ACP-EC ori-gin may be permissible.

7. The implementation of each supportprogramme shall ensure that the eligi-bility of ACP economic operators foraccess to the resources of the pro-gramme is as wide and transparent aspossible and that the procurement pro-cedures accord with the administrativeand commercial practices in the Stateconcerned, while ensuring the best pos-sible price/quality ratio on importedgoods and the necessary consistency


and to administer the funds placed at itsdisposal under the conditions providedfor in this Agreement and by mutualagreement between the Parties.

ARTICLE 65Co-financing

1. The financial resources provided for inthis Agreement may be applied, at therequest of the ACP States, to co-financ-ing undertaken in particular with devel-opment agencies and institutions,Community Member States, ACP States,third countries or international or pri-vate financial institutions, firms orexport credit agencies.

2. Special consideration shall be given tothe possibility of co-financing in caseswhere Community participation willencourage the participation of othersources of finance and where suchfinancing may lead to an advantageousfinancial package for the ACP State con-cerned.

3. Co-financing may be in the form of jointor parallel financing. Preference shall begiven in each case to the solution, whichis more suitable from the point of view ofcost effectiveness. In addition, meas-ures shall be taken to coordinate andharmonise operations of the Communityand those of other co-financing bodiesin order to minimise the number of pro-cedures to be undertaken by the ACPStates and to render those proceduresmore flexible.

4. The process of consultation and coordi-nation with other donors and co-finan-ciers should be strengthened and devel-oped, where possible, through theestablishment of co-financing frame-work agreements and co-financing pol-icies and procedures should be reviewedto ensure effectiveness and the bestterms and conditions possible.

CHAPTER 2DEBT AND STRUCTURALADJUSTMENT SUPPORT

ARTICLE 66Support for debt relief

1. In order to attenuate the debt burden ofthe ACP States and their balance-of-payment problems, the Parties agree touse the resources provided for in thisAgreement to contribute to debt reliefinitiatives approved at internationallevel for the benefit of ACP countries. Inaddition, on a case by case basis, theuse of resources which have not beencommitted in the framework of pastindicative programmes shall be acceler-ated through the quick disbursinginstruments provided for in this Agree-ment. The Community furthermore com-mits itself to examine how in the longerterm other resources than the EDF can bemobilised in support of internationallyagreed debt relief initiatives.

2. At the request of an ACP State, theCommunity may grant:

a) assistance in studying and finding prac-tical solutions to indebtedness includingdomestic debt, debt-servicing difficul-ties and balance of payments problems;

b) training in debt management and inter-national financial negotiations as wellas support for training workshops,courses and seminars in these fields;and

c) assistance to develop flexible tech-niques and instruments of debt man-agement.

3. In order to contribute to the servicing ofthe debt resulting from loans from theBank’s own resources, special loansand risk capital, the ACP States may, inaccordance with arrangements to bemade on a case by case basis with theCommission, use the available foreigncurrency referred to in this Agreementfor such servicing, as and when debtrepayment falls due and up to the


CHAPTER 5MICROPROJECTS AND

DECENTRALISED COOPERATION

ARTICLE 70

In order to respond to the needs of localcommunities with regard to development,and to encourage all agents of de-centralised cooperation which are in aposition to contribute to the autonomousdevelopment of the ACP States to putforward and implement initiatives,cooperation shall support, within theframework laid down in the rules andnational legislation of the ACP Statesconcerned and the provisions of theindicative programme, such developmentoperations. In this context, cooperationshall support:

a) micro projects at local level which havean economic and social impact on thelife of the people, meet a demonstratedand observed priority need, and shallbe undertaken at the initiative and withthe active participation of the localcommunity which shall benefit there-from; and

b) decentralised cooperation, in particularwhere such operations combine effortsand resources of decentralised agentsfrom the ACP States and their counter-parts from the Community. This form ofcooperation shall enable the mobilisa-tion of capabilities, innovative operat-ing methods and resources of decen-tralised agents for the development ofthe ACP State.

ARTICLE 71

1. Microprojects and decentralised coop-eration operations may be supportedfrom the financial resources of theAgreement. Projects or programmesunder this form of cooperation may ormay not be linked to programmes in the

sectors of concentration of the indica-tive programmes, but may be a way ofachieving the specific objectives of theindicative programme or the results ofinitiatives by local communities ordecentralised agents.

2. Contributions for the financing of micro-projects and decentralised cooperationshall be made by the Fund, in which casethe contribution shall not normallyexceed three quarters of the total cost ofeach project and may not exceed the limitset in the indicative programme. Theremaining balance shall be provided:

a) by the local community concerned incase of micro-projects (either in kind orin the form of services or cash andadapted to its capacity to contribute);

b) by the agents of decentralised cooper-ation, provided that the financial,technical, material and otherresources brought in by such agentsshall not normally be less than 25% ofthe estimated cost of the project/pro-gramme; and

c) exceptionally by the ACP State con-cerned, either in the form of a financialcontribution or through the use of pub-lic equipment or the supply of services.

3. The procedures applicable to projectsand programmes financed within theframework of microprojects or decen-tralised cooperation shall be those laiddown in the Agreement, in particularthose referred to in multi-annual pro-grammes.

CHAPTER 6HUMANITARIAN AND

EMERGENCY ASSISTANCE

ARTICLE 72

1. Humanitarian and emergency assistanceshall be accorded to the population inACP States faced with serious economicand social difficulties of an exceptional


with the progress achieved internation-ally for harmonising the procedures forsupporting structural adjustment.

CHAPTER 3SUPPORT IN CASES OF SHORT

TERM FLUCTUATIONS IN EXPORT EARNINGS

ARTICLE 68

1. The Parties recognise that instability ofexport earnings, particularly in the agri-cultural and mining sectors, mayadversely affect the development of theACP States and jeopardise the attain-ment of their development require-ments. A system of additional supportin order to mitigate the adverse effectsof any instability in export earnings,including in the agricultural and miningsectors, is therefore set up within thefinancial envelope for support to long-term development.

2. The purpose of support in cases ofshort-term fluctuations in export earn-ings is to safeguard socio-economicreforms and policies that could beaffected negatively pas a result of adrop in revenue and to remedy theadverse effects of instability of exportearnings, in particular from agriculturaland mining products.

3. The extreme dependence of the ACPStates’ economies on exports, in par-ticular from the agricultural and miningsectors, shall be taken into account inthe allocation of resources in the yearof application. In this context, the leastdeveloped, landlocked and island, postconflict and post natural disaster ACPStates shall receive more favourabletreatment.

4. The additional resources shall be pro-vided in accordance with the specific

modalities of the support mechanismas set out in Annexe II on Terms andConditions of Financing.

5. The Community shall also provide sup-port for market based insuranceschemes designed for ACP States seek-ing to protect themselves against therisk of fluctuations in export earnings.

CHAPTER 4SUPPORT FOR SECTORAL

POLICIES

ARTICLE 69

1. Cooperation shall support, through thevarious instruments and modalities pro-vided for in the Agreement:

a) social and economic sectoral policiesand reforms;

b) measures to enhance productive sectoractivity and export competitiveness;

c) measures to expand social sector ser-vices; and

d) thematic and cross cutting issues.

2. This support shall be provided asappropriate through:

a) sectoral programmes;

b) budgetary support;

c) investments;

d) rehabilitation;

e) training;

f ) technical assistance; and

g) institutional support.


remove as far as possible the causes ofthe crisis and strengthen institutionsand the ownership by local and nationalactors of their role in formulating a sus-tainable development policy for the ACPcountry concerned.

2. Short term emergency action shall onlyin exceptional circumstances befinanced under the Fund where suchassistance cannot be financed from theCommunity’s budget.

CHAPTER 7INVESTMENT AND PRIVATE SECTOR

DEVELOPMENT SUPPORT

ARTICLE 74

Cooperation shall, through financial andtechnical assistance, support the policiesand strategies for investment and privatesector development as set out in thisAgreement.

ARTICLE 75Investment promotion

The ACP States, the Community and itsMember States, within the scope of theirrespective competencies, recognising theimportance of private investment in thepromotion of their development coopera-tion and acknowledging the need to takesteps to promote such investment, shall:

a) implement measures to encourage par-ticipation in their development effortsby private investors who comply withthe objectives and priorities of ACP-ECdevelopment cooperation and with theappropriate laws and regulations oftheir respective States;

b) take measures and actions which helpto create and maintain a predictableand secure investment climate as wellas enter into negotiations on agree-ments which will improve such climate;

c) encourage the EU private sector toinvest and to provide specific assistanceto its counterparts in the ACP countriesunder mutual business cooperation andpartnerships;

d) facilitate partnerships and joint ven-tures by encouraging co financing;

e) sponsor sectoral investment fora topromote partnerships and externalinvestment;

f ) support efforts of the ACP States toattract financing, with particular em-phasis on private financing, for infra-structure investments and revenue gen-erating infrastructure critical for the pri-vate sector;

g) support capacity building for domesticinvestment promotion agencies andinstitutions involved in promoting andfacilitating foreign investment;

h) disseminate information on investmentopportunities and business operatingconditions in the ACP States; and

i) promote national, regional and ACP-EU private sector business dialogue,cooperation and partnerships, in par-ticular through an ACP-EU private sec-tor business forum. Support for opera-tions of an ACP-EU private sector busi-ness forum shall be provided in pur-suit of the following objectives:

i) to facilitate dialogue within the ACP/EU private sector and between theACP/EU private sector and the bodiesestablished under the Agreement;

ii) to analyse and periodically provide therelevant bodies with information on thewhole range of issues concerning rela-tions between the ACP and EU privatesectors in the context of the Agreementor, more generally, of economic rela-tions between the Community and theACP countries; and

iii) to analyse and provide the relevantbodies with information on specificproblems of a sectoral nature relating


nature resulting from natural disasters,man made crises such as wars and otherconflicts or extraordinary circumstanceshaving comparable effects. The humani-tarian and emergency assistance shall bemaintained for as long as necessary todeal with the emergency needs resultingfrom these situations.

2. Humanitarian and emergency assis-tance shall be granted exclusivelyaccording to the needs and interestsof victims of disasters and in line withthe principles of international humani-tarian law. In particular, there shall beno discrimination between victims ongrounds of race, ethnic origin, reli-gion, gender, age, nationality or polit-ical affiliation and free access to andprotection of victims shall be guaran-teed as well as the security of humani-tarian personnel and equipment.

3. Humanitarian and emergency assis-tance shall aim to:

a) safeguard human lives in crises andimmediate post crisis situations broughtabout by natural disasters, conflict orwar;

b) contribute to the financing and deliveryof humanitarian aid and to the directaccess to it of its intended beneficiariesby all logistical means available;

c) carry out short term rehabilitation andreconstruction to enable the parts ofthe population affected to benefit oncemore from a minimum of socio-econom-ic integration and, as soon as possible,create the conditions for a resumptionof development on the basis of longterm objectives set by the ACP countryconcerned;

d) address the needs arising from the dis-placement of people (refugees, dis-placed persons and returnees) follow-ing natural or man-made disasters soas to meet, for as long as necessary, allthe needs of refugees and displacedpersons (wherever they may be) and

facilitate action for their voluntaryrepatriation and re-integration in theircountry of origin; and

e) assist the ACP State in setting up disasterprevention and preparedness mechan-isms, including prediction and early-warning systems, with a view to reducingthe consequences of disasters.

4. Similar assistance, as set out above,may be granted to ACP States takingin refugees or returnees to meet acuteneeds not covered by emergencyassistance.

5. Underlining the developmental natureof the assistance granted in accordancewith this Article, assistance may beused exceptionally together with theindicative programme at the request ofthe State concerned.

6. Humanitarian and emergency assist-ance operations shall be undertakeneither at the request of the ACP countryaffected by the crisis situation, theCommission, international organisationsor local or international non Stateorganisations. Such assistance shall beadministered and implemented underprocedures permitting operations thatare rapid, flexible and effective. TheCommunity shall take adequate stepsto facilitate speedy action, which isrequired to meet the immediate needsfor which emergency assistance isneeded.

ARTICLE 73

1. Post emergency action, aimed at physi-cal and social rehabilitation consequenton the results of natural disasters orextraordinary circumstances havingcomparable effects, may be undertakenwith Community assistance under thisAgreement. Such action, using effectiveand flexible mechanisms, must easethe transition from the emergencyphase to the development phase, pro-mote the socio-economic reintegrationof the parts of the population affected,


4. Cooperation shall provide such supporton the basis of complementary andadded value with respect to privateand/or public initiatives and, wheneverfeasible, in partnership with privateand other public organisations. TheACP and the EC will within the frame-work of the ACP-EC DevelopmentFinance Cooperation Committee under-take a joint study on the proposal to setup an ACP-EC Guarantee Agency to pro-vide and manage investment guaranteeprogrammes.

ARTICLE 78Investment protection

1. The ACP States and the Community andits Member States, within the scope oftheir respective competencies, affirmthe need to promote and protect eitherParty’s investments on their respectiveterritories, and in this context affirm theimportance of concluding, in theirmutual interest, investment promotionand protection agreements which couldalso provide the basis for insuranceand guarantee schemes.

2. In order to encourage European invest-ment in development projects of specialimportance to, and promoted by theACP States, the Community and theMember States, on the one hand andthe ACP States on the other, may alsoconclude agreements relating to specif-ic projects of mutual interest where theCommunity and European enterprisescontribute towards their financing.

3. The Parties also agree to introduce,within the economic partnership agree-ments, and while respecting the respec-tive competencies of the Communityand its Member States, general prin-ciples on protection and promotion ofinvestments, which will endorse thebest results agreed in the competentinternational fora or bilaterally.

TITLE IIITECHNICAL COOPERATION

ARTICLE 79

1. Technical cooperation shall assist theACP States in the development ofnational and regional manpowerresources, the sustained developmentof the institutions critical for develop-ment success, including inter aliastrengthening ACP consulting firms andorganisations, as well as exchangearrangements involving consultantsfrom both ACP and EU firms.

2. Furthermore, technical cooperation,shall be cost-effective and relevant tothe need for which it is intended, andshall also favour the transfer of know-how and increase national and regionalcapabilities. Technical cooperation shallcontribute to the achievement of projectand programme goals, including effortsto strengthen management capacity ofthe National and Regional AuthorisingOfficers. Technical assistance shall:

a) be demand driven and thus made avail-able only at the request of the ACP Stateor States concerned, and adapted torecipient needs;

b) complement and support ACP efforts toidentify their own requirements;

c) be monitored and followed up to guaran-tee effectiveness;

d) encourage the participation of ACPexperts, consultancy firms and educa-tional and research institutions incontracts financed from the Fund andidentify ways of employing qualifiednational and regional personnel onFund projects;

e) encourage the secondment of ACPnational cadres as consultants to aninstitution in their own country, or a


to, inter alia, branches of productionor types of products at regional orsub-regional level.

ARTICLE 76Investment finance and support

1. Cooperation shall provide long-termfinancial resources, including risk cap-ital, to assist in promoting growth inthe private sector and help to mobilisedomestic and foreign capital for thispurpose. To this end, cooperationshall provide, in particular:

a)grants for financial and technical assist-ance to support policy reforms, humanresource development, institutionalcapacity-building or other forms of insti-tutional support related to a specificinvestment, measures to increase thecompetitiveness of enterprises and tostrengthen the capacities of the privatefinancial and non-financial intermedi-aries, investment facilitation and pro-motion and competitiveness enhance-ment activities;

b)advisory and consultative services toassist in creating a responsive invest-ment climate and information baseto guide and encourage the flow ofcapital;

c) risk capital for equity or quasi-equityinvestments, guarantees in support ofdomestic and foreign private invest-ment and loans or lines of credit onthe conditions laid down in Annexe 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 resourcesshall be granted in accordance with itsstatute and with the terms and condi-tions laid down in Annexe II to thisAgreement.

ARTICLE 77Investment guarantees

1. Investment guarantees are anincreasingly important tool for devel-opment finance as they contribute toreducing project risks and inducingprivate capital flows. Cooperationshall therefore ensure the increasingavailability and use of risk insuranceas a risk mitigating mechanism inorder to boost investor confidence inthe ACP States.

2. Cooperation shall offer guaranteesand assist with guarantees fundscovering risks for qualified invest-ment. Specifically, cooperation shallprovide support to:

a) reinsurance schemes to cover foreigndirect investment by eligible investors;against legal uncertainties and themajor risks of expropriation, currencytransfer restriction, war and civil disturb-ance, and breach of contract. Investorsmay insure projects for any combinationof the four types of coverage;

b) guarantee programmes to cover risk inthe form of partial guarantees for debtfinancing. Both partial risk and partialcredit guarantee shall be available;and

c) national and regional guarantee funds,involving, in particular, domestic finan-cial institutions or investors for encour-aging the development of the financialsector.

3. Cooperation shall also provide supportto capacity-building, institutional sup-port and participation in the core fund-ing of national and/or regional initia-tives to reduce the commercial risks forinvestors (inter alia guarantee funds,regulatory bodies, arbitration mechan-isms and judiciary systems to enhancethe protection of investments improv-ing the export credit systems).


ARTICLE 83ACP-EC Development Finance

Cooperation Committee

1. The Council of Ministers shall at leastonce a year examine whether the object-ives of development finance coopera-tion are being attained and shall exam-ine the general and specific problemsresulting from the implementation ofthat cooperation. To this end, an ACP-ECDevelopment Finance CooperationCommittee, hereinafter referred to as"the ACP-EC Committee", shall be setup within the Council of Ministers.

2. The ACP-EC Committee shall, inter alia:

a) ensure the overall achievement of theobjectives and principles of develop-ment finance cooperation and establishgeneral guidelines for their effectiveand timely implementation;

b) examine the problems arising from theimplementation of development co-operation activities and proposeappropriate measures;

c) review the annexes to the Agreement toensure their continued relevance andrecommend any appropriate amend-ments to the Council of Ministers forapproval; and

d) examine the operations deployed withinthe framework of the Agreement to attainthe objectives of promoting private sec-tor development and investment and theoperations of the Investment Facility.

3. The ACP-EC Committee, which shallmeet every quarter, shall be composed,on a basis of parity, of representativesof the ACP States and of the Community,or their authorised representatives. Itshall meet at ministerial level wheneverone of the parties so requests and atleast once a year.

4. The Council of Ministers shall lay downthe ACP-EC Committee’s rules of proce-dure, in particular the conditions for

representation and the number of mem-bers of the Committee, the detailedarrangements for their deliberationsand the conditions for holding the chair.

5. The ACP-EC Committee may convenemeetings of experts to study the causeof any difficulties and bottlenecks,which may impede the efficient imple-mentation of development coopera-tion. These experts shall make recom-mendations to the Committee on pos-sible ways of removing such difficultiesand bottlenecks.


neighbouring country, or to a regionalorganisation;

f ) aim at developing knowledge of nation-al and regional manpower constraintsand potential and establish a register ofACP experts, consultants and consult-ancy firms suitable for employment onprojects and programmes financed fromthe Fund;

g) support intra ACP technical assistancein order to promote the exchangebetween the ACP States of technicalassistance, management and profes-sional expertise;

h) develop action programmes for longterm institution building and staffdevelopment as an integral part of pro-ject and programme planning, accountbeing taken of the necessary financialrequirements;

i) support arrangements to enhance thecapacity of the ACP States to build uptheir own expertise; and

j) give special attention to the developmentof the ACP States’ capacities in projectplanning, implementation and evaluation,as well budget management.

3. Technical assistance may be provided inall areas of cooperation and within thelimits of the mandate of this Agreement.The activities covered would be diverse inscope and nature, and would be tailoredto meet the needs of the ACP States.

4. Technical cooperation may be either ofa specific or a general nature. The ACP-EC Development Finance CooperationCommittee shall establish the guide-lines for the implementation of techni-cal cooperation.

ARTICLE 80

With a view to reversing the brain drain fromthe ACP States, the Community shall assistACP States which so request to facilitate thereturn of qualified ACP nationals resident indeveloped countries through appropriatere-installation incentives.

TITLE IVPROCEDURES AND

MANAGEMENT SYSTEMS

ARTICLE 81Procedures

Management procedures shall be trans-parent, easy to apply and shall enable thedecentralisation of tasks and responsibili-ties to the field. The implementation ofACP-EU development cooperation shall beopen to non-State actors in areas that con-cern them. The detailed procedural provi-sions for programming, preparation,implementation and the management offinancial and technical cooperation arelaid down in Annexe IV on Implementationand Management Procedures. The Councilof Ministers may review, revise and amendthese provisions on the basis of a recom-mendation from the ACP-EC DevelopmentFinance Cooperation Committee.

ARTICLE 82Executing agents

For the implementation of financialand technical cooperation under thisAgreement, executing agents are design-ated. Detailed provisions for the responsi-bilities of the executing agents are laiddown in Annexe IV on Implementation andManagement Procedures.



PART 5

GENERAL PROVISIONS FOR THE LEASTDEVELOPED, LANDLOCKED AND ISLAND ACP STATES (LDLICS)

CHAPTER 3LANDLOCKED ACP STATES

ARTICLE 87

1. Specific provisions and measures shallbe established to support landlockedACP States in their efforts to overcomethe geographical difficulties and otherobstacles hampering their developmentso as to enable them to step up theirrespective rates of development.

2. The list of landlocked ACP States isgiven in Annexe VI. It may be amendedby decision of the Council of Ministerswhen a third State in a comparablesituation accedes to the Agreement.

ARTICLE 88

The provisions adopted in respect of thelandlocked ACP States are contained inthe following Articles: 2, 32, 35, 56, 68,84, 87.

CHAPTER 4ISLAND ACP STATES

ARTICLE 89

1. Specific actions shall be pursued tosupport island ACP States in theirefforts to halt and reverse their increas-ing vulnerability caused by new andsevere economic, social and ecologicalchallenges. These actions shall seek toadvance the implementation of thesmall island developing States’ prio-rities for sustainable development,while promoting a harmonisedapproach to their economic growth andhuman development.

2. The list of island ACP States is given inAnnexe VI. It may be amended by deci-sion of the Council of Ministers when athird State in a comparable situationaccedes to the Agreement.

ARTICLE 90

The provisions adopted in respect of theisland ACP States are contained in the fol-lowing Articles: 2, 32, 35, 56, 68, 84, 89.


CHAPTER 1GENERAL PROVISIONS

ARTICLE 84

1. To enable LDLICs to take full advantageof the opportunities offered by theAgreement so as to step up theirrespective rates of development, co-operation shall ensure special treatmentfor the least developed ACP countriesand take due account of the vulnerabil-ity of landlocked and island ACP coun-tries. It shall also take into considerationthe needs of countries in post conflictsituations.

2. Independently of the specific measuresand provisions for the least-developed,landlocked and island countries in thedifferent chapters of the Agreement,special attention shall be paid inrespect of these groups as well as coun-tries in post-conflict situations to:

a) the strengthening of regional coopera-tion;

b) transport and communications’ infra-structure;

c) the efficient exploitation of marineresources and the marketing of prod-ucts so produced and, in the case oflandlocked countries, inland fisheries;

d) structural adjustment where accountshall be taken of the level of develop-ment of these countries and equally, atthe implementation stage, of the socialdimension of adjustment; and

e) the implementation of food strategiesand integrated development pro-grammes.

CHAPTER 2LEAST DEVELOPED ACP STATES

ARTICLE 85

1. The least developed ACP States shall beaccorded a special treatment in order toenable them to overcome the seriouseconomic and social difficulties hinder-ing their development so as to step uptheir respective rates of development.

2. The list of least-developed countries isgiven in Annexe VI. It may be amendedby a decision of the Council of Ministerswhere:

a) a third State in a comparable situationaccedes to this Agreement; and

b) the economic situation of an ACP Statechanges considerably and durably tothe extent that it needs to be includedin the least developed category or itsinclusion in that category is no longerjustified.

ARTICLE 86

The provisions adopted in respect of theleast-developed ACP States are containedin the following Articles: 2, 29, 32, 35, 37,56, 68, 84, 85.



PART 6

FINAL PROVISIONS

ARTICLE 94Accession

1. Any request for accession to thisAgreement made by an independentState whose structural characteristicsand economic and social situation arecomparable to those of the ACP Statesshall be presented to the Council ofMinisters.

If the request is approved by the Councilof Ministers, the State concerned shallaccede to this Agreement by depositingan act of accession with the GeneralSecretariat of the Council of theEuropean Union, which shall send a cer-tified copy to the ACP Secretariat andnotify the Member States. The Councilof Ministers may lay down any amend-ing measures that might be necessary.

The State concerned shall enjoy thesame rights and be subject to the sameobligations as the ACP States. Itsaccession may not infringe on thebenefits enjoyed by the ACP States signa-tory to this Agreement under the provi-sions on development cooperationfinancing. The Council of Ministers maylay down the conditions and specificarrangements for the accession of anindividual State in a special protocolthat shall form an integral part of theAgreement.

2. The Council of Ministers shall beadvised of any request made by a thirdState to become a member of an eco-nomic grouping of ACP States.

3. The Council of Ministers shall be advisedof any request made by a third State tobecome a member of the EuropeanUnion. During the negotiations betweenthe Union and the applicant State, theCommunity shall provide the ACP Stateswith any relevant information and they inturn shall convey their concerns to theCommunity so that it can take them fullyinto account. The ACP Secretariat shall benotified by the Community of any acces-sion to the European Union.

Any new Member State of the EuropeanUnion shall become a Party to thisAgreement from the date of its acces-sion by means of a clause to that effectin the act of accession. If the act ofaccession to the Union does not providefor such automatic accession of theMember State to this Agreement, theMember State concerned shall accedeby depositing an act of accession withthe General Secretariat of the Council ofthe European Union, which shall send acertified copy to the ACP Secretariatand notify the Member States.

The Parties shall review the effects of theaccession of new Member States on thisAgreement. The Council of Ministers maydecide on any transitional or amendingmeasures that might be necessary.

ARTICLE 95Duration of the agreement

and revision clause

1. This Agreement is hereby concluded fora period of twenty years, commencingon 1 March 2000.

2. Financial protocols are defined for eachfive-year period.

3. The Community and the Member States,on the one hand, and the ACP States, onthe other, shall notify the other Party notlater than 12 months before the expiry ofeach five-year period of any review ofthe provisions they desire to makewith a view to a possible amendmentof the Agreement. This shall not apply,however, to the provisions on econom-ic and trade cooperation, for which a spe-cial review procedure is provided for.Notwithstanding this time limit, if oneParty requests the review of any provi-sions of the Agreement, the other Partyshall have a period of two months inwhich to request the extension of thereview to other provisions related tothose which were the subject of the initialrequest.


ARTICLE 91Conflict between this Agreement

and other treaties

No treaty, convention, agreement orarrangement of any kind between one ormore Member States of the Communityand one or more ACP States may impedethe implementation of this Agreement.

ARTICLE 92Scope of territorial application

Subject to the special provisions regard-ing the relations between the ACP Statesand the French overseas departmentsprovided for therein, this Agreementshall apply, on the one hand, to the terri-tories in which the Treaty establishingthe European Community is applied andunder the conditions laid down in thatTreaty and, on the other hand, to the ter-ritories of the ACP States.

ARTICLE 93Ratification and entry into force

1. This Agreement shall be ratified orapproved by the signatory Parties inaccordance with their respective consti-tutional rules and procedures.

2. The instruments of ratification orapproval of this Agreement shall bedeposited in the case of the ACP States,with the General Secretariat of theCouncil of the European Union and inthe case of the Community and theMember States, with the GeneralSecretariat of the ACP States. TheSecretariats shall promptly notify thesignatory States and the Community.

3. This Agreement shall enter into force onthe first day of the second month follow-ing the date of deposit of the instrumentsof ratification of the Member States and ofat least two thirds of the ACP States, andof the instrument of approval of thisAgreement by the Community.

4. An ACP signatory State that has notcompleted the procedures set out inparagraphs 1 and 2 by the date onwhich this Agreement enters into forceas provided for in paragraph 3 may doso only within the 12 months followingthat date, without prejudice to the pro-visions of paragraph 6.

For such States this Agreement shallbecome applicable on the first day ofthe second month following the com-pletion of these procedures. TheseStates shall recognise the validity ofany measure taken to implement theAgreement after the date of its entryinto force.

5. The rules of procedure of the jointinstitutions set up under thisAgreement shall lay down the condi-tions under which the representativesof signatory States referred to in para-graph 4 may attend those institutionsas observers.

6. The Council of Ministers may decide toaccord special support to ACP Statesparty to previous ACP-EC Conventionswhich, in the absence of normallyestablished government institutions,have not been able to sign or ratify thisAgreement. This support may concerninstitution building and economic andsocial development activities, takingparticular account of the needs of themost vulnerable sections of the popula-tion. In this context, such countries willbe able to draw on the funds providedfor in Part 4 of this Agreement for finan-cial and technical cooperation.

By way of derogation from paragraph 4,the countries concerned which are sig-natories to the Agreement may com-plete the ratification procedures withintwelve months of the restoration of gov-ernment institutions.

The countries concerned which have nei-ther signed nor ratified the Agreementmay accede to it by means of the acces-sion procedure provided for in Article 94.


It is understood that suspension wouldbe a measure of last resort.

If measures are taken in cases of specialurgency, they shall be immediately noti-fied to the other Party and the Councilof Ministers. At the request of the Partyconcerned, consultations may then becalled in order to examine the situationthoroughly and, if possible, find solu-tions. These consultations shall be con-ducted according to the arrangementsset out in the second and third subpara-graphs of paragraph (a).

ARTICLE 97Consultation procedure and appropriate

measures as regards corruption

1. The Parties consider that when theCommunity is a significant partner interms of financial support to economicand sectoral policies and programmes,serious cases of corruption should giverise to consultations between theParties.

2. In such cases either Party may invitethe other to enter into consultations.Such consultations shall begin no laterthan 30 days after the invitation anddialogue under the consultation proce-dure shall last no longer than 120 days.

3. If the consultations do not lead to asolution acceptable to both Parties or ifconsultation is refused, the Partiesshall take the appropriate measures. Inall cases, it is above all incumbent onthe Party where the serious cases ofcorruption have occurred to take themeasures necessary to remedy the situ-ation immediately. The measures takenby either Party must be proportional tothe seriousness of the situation. In theselection of these measures, prioritymust be given to those which least dis-rupt the application of this agreement.It is understood that suspension wouldbe a measure of last resort.

4. Within the meaning of this Article, theterm "Party" refers to the Communityand the Member States of the EuropeanUnion, of the one part, and each ACPState, of the other part.

ARTICLE 98Dispute settlement

1. Any dispute arising from the interpreta-tion or application of this Agreementbetween one or more Member States orthe Community, on the one hand, andone or more ACP States on the other,shall be submitted to the Council ofMinisters.

Between meetings of the Council ofMinisters, such disputes shall be submit-ted to the Committee of Ambassadors.

2.

a) If the Council of Ministers does notsucceed in settling the dispute, eitherParty may request settlement of thedispute by arbitration. To this end,each Party shall appoint an arbitratorwithin thirty days of the request forarbitration. In the event of failure to doso, either Party may ask the SecretaryGeneral of the Permanent Court ofArbitration to appoint the secondarbitrator.

b) The two arbitrators shall in turn appointa third arbitrator within thirty days. Inthe event of failure to do so, eitherParty may ask the Secretary General ofthe Permanent Court of Arbitration toappoint the third arbitrator.

c) Unless the arbitrators decideotherwise, the procedure applied shallbe that laid down in the optionalarbitration regulation of the PermanentCourt of Arbitration for InternationalOrganisations and States. Thearbitrators’ decisions shall be taken bymajority vote within three months.

d) Each Party to the dispute shall bebound to take the measures neces-sary to carry out the decision of thearbitrators.


Ten months before the expiry of thisfive year period, the Parties shall enterinto negotiations with a view toexamining any possible amendments tothe provisions that were the subject ofthe notification.

Article 93 shall also apply to the amend-ments made.

The Council of Ministers shall adopt anytransitional measures that may berequired in respect of the amended pro-visions until they come into force.

4. Eighteen months before the end of thetotal period of the Agreement, theParties shall enter into negotiations inorder to examine what provisions shallsubsequently govern their relations.

The Council of Ministers shall adoptany transitional measures that may berequired until the new Agreementcomes into force.

ARTICLE 96Essential elements: consultation

procedure and appropriate measuresas regards human rights, democratic

principles and the rule of law

1. Within the meaning of this Article, theterm "Party" refers to the Communityand the Member States of theEuropean Union, of the one part, andeach ACP State, of the other part.

1a. Both Parties agree to exhaust all pos-sible options for dialogue under Article8, except in cases of special urgency,prior to commencement of the consul-tations referred to in paragraph 2(a) ofthis Article.

2.

a) If, despite the political dialogue on theessential elements as provided forunder Article 8 and paragraph 1a of thisArticle, a Party considers that the otherParty fails to fulfil an obligation stem-ming from respect for human rights,

democratic principles and the rule oflaw referred to in Article 9(2), it shall,except in cases of special urgency, sup-ply the other Party and the Council ofMinisters with the relevant informationrequired for a thorough examination ofthe situation with a view to seeking asolution acceptable to the Parties. Tothis end, it shall invite the other Partyto hold consultations that focus on themeasures taken or to be taken by theParty concerned to remedy the situa-tion in accordance with Annexe VII.

The consultations shall be conducted atthe level and in the form consideredmost appropriate for finding a solution.

The consultations shall begin no laterthan 30 days after the invitation andshall continue for a period establishedby mutual agreement, depending onthe nature and gravity of the violation.In no case shall the dialogue under theconsultations procedure last longerthan 120 days.

If the consultations do not lead to asolution acceptable to both Parties, ifconsultation is refused or in cases ofspecial urgency, appropriate measuresmay be taken. These measures shall berevoked as soon as the reasons for tak-ing them no longer prevail.

b) The term "cases of special urgency"shall refer to exceptional cases of par-ticularly serious and flagrant violationof one of the essential elementsreferred to in paragraph 2 of Article 9,that require an immediate reaction.

The Party resorting to the specialurgency procedure shall inform theother Party and the Council of Ministersseparately of the fact unless it does nothave time to do so.

c) The "appropriate measures" referred toin this Article are measures taken inaccordance with international law, andproportional to the violation. In theselection of these measures, prioritymust be given to those which least dis-rupt the application of this agreement.


e) For the application of this procedure,the Community and the Member Statesshall be deemed to be one Party to thedispute.

ARTICLE 99Denunciation clause

This Agreement may be denounced by theCommunity and its Member States inrespect of each ACP State and by each ACPState in respect of the Community and itsMember States, upon six months’ notice.

ARTICLE 100Status of the texts

The Protocols and Annexes attached to thisAgreement shall form an integral part there-of. Annexes Ia, Ib, II, III, IV and VI may berevised, reviewed and/or amended by theCouncil of Ministers on the basis of a recom-mendation from the ACP-EC DevelopmentFinance Cooperation Committee.

This Agreement, drawn up in two copiesin the Czech, Danish, Dutch, English,Estonian, Finnish, French, German, Greek,Hungarian, Italian, Latvian, Lithuanian,Maltese, Polish, Portuguese, Slovak,Slovenian, Spanish and Swedish lan-guages, all texts being equally authentic,shall be deposited in the archives of theGeneral Secretariat of the Council of theEuropean Union and the Secretariat ofthe ACP States, which shall both transmita certified copy to the government ofeach of the Signatory States.



ANNEXES TO THE AGREEMENT

ANNEXE VII to Protocol 1 Information certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

ANNEXE VIII to Protocol 1 Form for application for a derogation . . . . . . . . . . . . . . . . . . . . . . 144

ANNEXE IX List of working or processing conferring the character of ACP originon a product obtained when working or processing is carried out on textilematerials originating in developing countries referred to in Article 6(11) ofthis Protocol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146

ANNEXE X to Protocol 1 Textile products excluded from the cumulation procedure with certain developing countries referred to in Article 6(11) of this Protocol . . . . . . . . . . . . . . 153

ANNEXE 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 Agreement on Trade, Development and Cooperation between the European Community and the Republic of South Africa . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154

ANNEXE XII to Protocol 1 Products for which the cumulation provisions withSouth Africa referred to in Article 6(3) apply after 6 years from the provisionalapplication of the Agreement on Trade, Development and Cooperation betweenthe European Community and the Republic of South Africa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

ANNEXE XIII to Protocol 1 Products to which Article 6(3) shall not be applicable . . . 183

ANNEXE XIV to Protocol 1 Fishery products to which Article 6(3) shall temporarily not be applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197

ANNEXE XV to Protocol 1 Joint declaration on cumulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200

PROTOCOL 2 ON THE IMPLEMENTATION OF ARTICLE 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200

PROTOCOL 3 CONTAINING THE TEXT OF PROTOCOL 3 ON ACP SUGAR . . . . . . . . . . . . . . . . . . . 202ANNEXE to Protocol 3 Declarations on Protocol 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204ANNEXE to Protocol 3 Exchanges of letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205

PROTOCOL 4 ON BEEF AND VEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209

PROTOCOL 5 THE SECOND BANANA PROTOCOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210

ANNEXE VI: LIST OF THE LEAST DEVELOPED, LANDLOCKED AND ISLAND ACP STATES (LDLICS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211

ANNEXE VII: POLITICAL DIALOGUE AS REGARDS HUMAN RIGHTS, DEMOCRATIC PRINCIPLES AND THE RULE OF LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212

PROTOCOLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214

PROTOCOL 1 ON THE OPERATING EXPENDITURE OF THE JOINT INSTITUTIONS . . . . . .214

PROTOCOL 2 ON PRIVILEGES AND IMMUNITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215Chapter 1 Persons taking part in the work of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 216Chapter 2 Property, funds and assets of the Council of ACP Ministers . . . . . . . . . . . . . . 216Chapter 3 Official communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217Chapter 4 Staff of the Secretariat of the ACP States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217Chapter 5 Commission Delegations in the ACP States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218Chapter 6 General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218

PROTOCOL 3 ON SOUTH AFRICA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218


TABLE OF CONTENTS

ANNEXE I: FINANCIAL PROTOCOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

ANNEXE Ia: MULTI-ANNUAL FINANCIAL FRAMEWORK OF COOPERATION UNDER THIS AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

ANNEXE Ib: MULTI-ANNUAL FINANCIAL FRAMEWORK FOR THE PERIOD 2008 to 2013 . . . 6

ANNEXE II: TERMS AND CONDITIONS OF FINANCING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Chapter 1 Investment financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Chapter 2 Special operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Chapter 3 Financing for short-term fluctuations in export earnings . . . . . . . . . . . . . 12Chapter 4 Other provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Chapter 5 Investment protection agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

ANNEXE III: INSTITUTIONAL SUPPORT, CDE AND CTA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

ANNEXE IV: IMPLEMENTATION AND MANAGEMENT PROCEDURES . . . . . . . . . . . . . . . . . . . 18Chapter 1 Programming (national) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Chapter 2 Programming and preparation (regional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Chapter 3 Appraisal and financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Chapter 4 Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Chapter 5 Monitoring and evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Chapter 6 Fund-resource - management and executing agents . . . . . . . . . . . . . . . . . 33

ANNEXE V: TRADE REGIME APPLICABLE DURING THE PREPARATORY PERIOD REFERRED TO IN ARTICLE 37(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Chapter 1 General trade arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Chapter 2 Special undertaking on sugar and beef and veal . . . . . . . . . . . . . . . . . . . . . 40Chapter 3 Final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

PROTOCOL 1 CONCERNING THE DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS" AND METHODS OF ADMINISTRATIVE COOPERATION . . . . . . . . . . . . . . . . . . . . . 42

TITLE I General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44TITLE II Definition of the concept of "originating products" . . . . . . . . . . . . . . . . . . 45TITLE III Territorial requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50TITLE IV Proof of origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51TITLE V Arrangements for administrative cooperation . . . . . . . . . . . . . . . . . . . . . . . . . 58TITLE VI Ceuta and Melilla . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62TITLE VII Final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

ANNEXE I to Protocol 1 Introductory notes to the list in Annexe II . . . . . . . . . . . . . . . . . . . . . 64

ANNEXE 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 status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

ANNEXE III to Protocol 1 Overseas countries and territories . . . . . . . . . . . . . . . . . . . . . . . . . . 133

ANNEXE IV to Protocol 1 Form for movement certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

ANNEXE V to Protocol 1 Invoice declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

ANNEXE VI A to Protocol 1 Supplier declaration for products having preferential origin status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

ANNEXE VI B to Protocol 1 Supplier declaration for products not having preferential origin status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141


7. Before the expiry of this FinancialProtocol, the Parties shall assess thedegree of realisation of commitmentsand disbursements. This assessmentshall constitute the basis for re-evaluat-ing the overall amount of resources aswell for evaluating the need for newresources to support financial coopera-tion under this Agreement.

8. In the event of the funds provided for inany of the instruments of the Agreementbeing exhausted before the expiry of thisFinancial Protocol, the joint ACP-ECCouncil of Ministers shall take the appro-priate measures.

9. By derogation from Article 58 of thisAgreement, an amount of EUR 90 mil-lion shall be transferred to the intraACP envelope under the 9th EDF. Thisamount may be allocated to financedevolution for the period 2006-2007,and shall be managed directly by theCommission.

ANNEXE IaMULTI-ANNUAL FINANCIAL

FRAMEWORK OF COOPERATION UNDER

THIS AGREEMENT

1. For the purposes set out in this Agreementand for a period beginning on 1 March2005, a multi-annual financial frameworkof cooperation shall cover commitmentsbeginning on 1 January 2008 for a periodof five or six years.

2. For this new period, the EuropeanUnion shall maintain its aid effort toACP States at least at the same level asthat of the 9th EDF, not including bal-ances; to this shall be added, based onCommunity estimates, the effects ofinflation, growth within the EuropeanUnion and enlargement to 10 newMember States in 2004.

3. Any required amendments to the multi-annual financial framework or relativeparts of the Agreement shall be decidedby the Council of Ministers by deroga-tion from Article 95 of this Agreement.


ANNEXE IFINANCIAL PROTOCOL

1. For the purposes set out in thisAgreement and for a period of five yearscommencing 1 March 2000, the overallamount of the Community’s financialassistance to the ACP States shall beEUR 15 200 million.

2. The Community’s financial assistanceshall comprise an amount up to EUR13 500 million from the 9th EuropeanDevelopment Fund (EDF).

3. The 9th EDF shall be allocated betweenthe instruments of cooperation as fol-lows:

a) EUR 10 000 million in the form of grantsshall be reserved for an envelope forsupport for long-term development.This envelope shall be used to financenational indicative programmes inaccordance with Articles 1 to 5 ofAnnexe IV "Implementation and man-agement procedures" to this Agree-ment. From the envelope for supportfor long term development:

i) EUR 90 million shall be reservedfor the financing of the budget ofthe Centre for the Development ofEnterprise (CDE);

ii) EUR 70 million shall be reservedfor the financing of the budget ofthe Centre for the Development ofAgriculture (CTA); and

iii) an amount not exceeding EUR4 million shall be reserved for thepurposes referred to in Article 17 ofthis Agreement (Joint ParliamentaryAssembly).

b) EUR 1 300 million in the form of grantsshall be reserved for the financing ofsupport for regional cooperation andintegration of the ACP States in accord-ance with Articles 6 to 14 of Annexe IV"Implementation and management pro-cedures" to this Agreement.

c) EUR 2 200 million shall be allocated tofinance the Investment Facility accord-ing to the terms and conditions set outin Annexe II "Terms and conditions offinancing" to this Agreement withoutprejudice to the financing of the interestrate subsidies provided for in Articles 2and 4 of Annexe II to this Agreementfunded from the resources mentioned inparagraph 3(a) of this Annexe.

4. An amount of up to EUR 1 700 millionshall be provided from the EuropeanInvestment Bank in the form of loansmade from its own resources. Theseresources shall be granted for the pur-poses set out in Annexe II "Terms andconditions of financing" to this Agree-ment in accordance with the condi-tions provided for by its statutes andthe relevant provisions of the termsand conditions for investment financ-ing as laid down in the aforementionedAnnexe. The Bank may, from theresources it manages, contribute tothe financing of regional projects andprogrammes.

5. Any balances remaining from previousEDFs on the date of entry into force ofthis Financial Protocol, as well as anyamounts that shall be decommitted at alater date from ongoing projects underthese Funds, shall be transferred to the9th EDF and shall be used in accordancewith the conditions laid down in thisAgreement. Any resources thus trans-ferred to the 9th EDF that previously hadbeen allocated to the indicativeprogramme of an ACP State or regionshall remain allocated to that State orregion. The overall amount of thisFinancial Protocol, supplemented by thetransferred balances from previousEDFs, will cover the period of 2000-2007.

6. The Bank shall administer the loansmade from its own resources, as well asthe operations financed under theInvestment Facility. All other financialresources of this Agreement shall beadministered by the Commission.


funds decommitted after the date ofentry into force resulting from the sys-tem guaranteeing the stabilisation ofexport earnings from primary agricul-tural products (STABEX) under the EDFsprior to the Ninth EDF, and the remain-ing balances and reimbursements ofthe amounts allocated for the financingof the Investment Facility, excludingthe related interest rate subsidies.The funds possibly committed after31 December 2007 until the entry intoforce of this Agreement, as referred toabove, will be used exclusively toensure the working ability of the EUadministration and to cover the on-going costs to sustain running projectsuntil the 10th EDF comes into force.

5. The overall amount of this multiannualfinancial framework shall cover theperiod from 1 January 2008 to31 December 2013. The funds of the10th EDF, apart from amounts allocatedto the Investment Facility, excludingthe related interest rate subsidies, shallno longer be committed beyond31 December 2013, unless the Councilof the European Union decides other-wise by unanimity, on a proposal fromthe Commission.

6. The Committee of Ambassadors, actingon behalf of the ACP-EC Council ofMinisters, may, within the overall amountof the multiannual financial framework,take appropriate measures in order tomeet programming requirements underone of the allocations provided for inpoint 2, including the reassignment offunds between these allocations.

7. The Parties will conduct a performancereview, assessing the degree of reali-sation of commitments and disburse-ments, as well as the results and impactof the aid provided. This review will beundertaken on the basis of a proposalprepared by the Commission in 2010. Itshall contribute to a decision on theamount of the financial cooperationafter 2013.

8. Any Member State may provide theCommission or the EIB with voluntarycontributions to support the objectivesof the ACP-EC Partnership Agreement.Member States may also co-financeprojects or programmes, for example inthe framework of specific initiatives tobe managed by the Commission or theEIB. ACP ownership at the national levelof such initiatives must be guaranteed.


ANNEXE IbMULTI-ANNUAL FINANCIAL

FRAMEWORK FOR THEPERIOD 2008 TO 2013 (1)

1. For the purposes set out in thisAgreement and for a period starting on1 January 2008, the overall amount of thefinancial assistance for the ACP Group ofStates within this multiannual financialframework shall be EUR 23 966 million,as specified in points 2 and 3.

2. The sum of EUR 21 966 million underthe 10th European Development Fund(EDF), shall be made available on entryinto force of the multiannual financialframework. It shall be allocatedbetween the instruments of cooper-ation as follows:

a) EUR 17 766 million to finance nationaland regional indicative programmes.This allocation will be used to finance:

i) the national indicative programmesof the ACP Group of States in accord-ance with Articles 1 to 5 of Annexe IVto this Agreement concerning imple-mentation and management proce-dures;

ii) the regional indicative programmesof support for regional and inter-regional cooperation and integrationof ACP Group of States in accordancewith Articles 6 to 11, 13(1) and 14 ofAnnexe IV to this Agreement con-cerning implementation and man-agement procedures;

b) EUR 2 700 million to finance intra-ACPand inter-regional cooperation withmany or all of the ACP Group of States,in accordance with Articles 12, 13(2)and 14 of Annexe IV to this Agreementconcerning implementation and man-agement procedures.

This envelope shall include structural sup-port to the joint institutions: the CDE andthe CTA referred to and supervised inaccordance with the rules and proceduresset out in Annexe III to this Agreement,and the Joint Parliamentary Assemblyreferred to in Article 17 of this Agreement.This envelope shall also cover assistancefor the operating expenditures of the ACPSecretariat referred to in points 1 and 2 ofProtocol 1 attached to this Agreement;

c) EUR 1 500 million to finance theInvestment Facility in accordance withthe terms and conditions set out inAnnexe II (Terms and conditions offinancing) to this Agreement, compris-ing an additional contribution of EUR1100 million to the resources of theInvestment Facility, managed as arevolving fund, and EUR 400 millionunder the form of grants for the financ-ing of the interest rate subsidies provid-ed for in Articles 2 and 4 of that Annexeover the period of the 10th EDF.

3. The operations financed under theInvestment Facility, including the cor-responding interest rate subsidies,shall be managed by the EuropeanInvestment Bank (EIB). An amount ofup to EUR 2 000 million in addition tothe 10th EDF shall be made available bythe EIB in the form of loans from ownresources. These resources shall begranted for the purposes set out inAnnexe II to this Agreement, in accord-ance with the conditions laid down inthe statutes of the EIB and the relevantprovisions of the terms and conditionsfor investment financing in that Annexe.All other financial resources under thismultiannual financial framework shallbe administered by the Commission.

4. After 31 December 2007 or after thedate of entry into force of this multi-annual financial framework, whicheveris the later, balances from the NinthEDF or from previous EDFs and fundsdecommitted from projects under theseEDFs shall no longer be committed,unless the Council of the EuropeanUnion decides otherwise by unanimity,with the exception of the balances and


(1) O.J. L247, 09.09.2006

7. Ordinary loans may be extended onconcessional terms and conditions inthe following cases:

a) for infrastructure projects in the LeastDeveloped Countries, in post-conflictcountries and post-natural disastercountries - other than those referredto under (aa) - that are prerequisitesfor private sector development. Insuch cases, the interest rate of theloan will be reduced by 3%;

aa) for infrastructure projects by commer-cially-run public entities, that arepre-requisites for private sectordevelopment in countries subject torestrictive borrowing conditions underthe Heavily Indebted Poor Countries(HIPC) initiative or another internation-ally agreed debt sustainability frame-work. In such cases, the Bank shallseek to reduce the average cost offunds through appropriate co-financ-ing with other donors. Should this notbe deemed possible, the interest rateof the loan may be reduced by suchamount as required to comply with thelevel arising from the HIPC initiative ora new internationally agreed debt sus-tainability framework;

b) for projects which involve restructur-ing operations in the framework of pri-vatisation or for projects with sub-stantial and clearly demonstrablesocial or environmental benefits. Insuch cases, loans may be extendedwith an interest rate subsidy theamount and form of which will bedecided with respect to the particularcharacteristics of the project.However, the interest rate subsidyshall not be higher than 3%.

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

8. The funds to be provided for theseconcessional purposes will be madeavailable from the Investment Facilityand shall not exceed 5% of the overall

amount allocated for investmentfinancing by the Investment Facility andby the Bank from its own resources.

9. Interest subsidies may be capitalisedor may be used in the form of grants.Up to 10% of the budget for interestrate subsidies may be used to supportproject related technical assistance inACP countries.

ARTICLE 3Operations of

the investment facility

1. The Investment Facility shall operatein all economic sectors and supportinvestments of private and commer-cially run public sector entities,including revenue generating eco-nomic and technological infrastruc-ture critical for the private sector. TheFacility shall:

a) be managed as a revolving fund andaim at being financially sustainable.Its operations shall be on market-related terms and conditions and shallavoid creating distortions on localmarkets and displacing privatesources of finances; and

b) support the ACP financial sector andhave a catalytic effect by encouragingthe mobilisation of long-term localresources and attracting foreign pri-vate investors and lenders to projectsin the ACP States;

c) bear part of the risk of the projects itfunds, its financial sustainability beingensured through the portfolio as awhole and not from individual inter-ventions; and

d) seek to channel funds through ACPnational and regional institutions andprogrammes that promote the devel-opment of small-and medium-sizedenterprises (SMEs).

1a. The Bank shall be remunerated forthe cost incurrred in managing the


ANNEXE IITERMS AND CONDITIONS

OF FINANCING

CHAPTER 1 INVESTMENT FINANCING

ARTICLE 1

The terms and conditions of financing inrelation to the operations of theInvestment Facility (Facility), the loansfrom own resources of the EuropeanInvestment Bank (Bank) and specialoperations shall be as laid down in thisChapter. These resources may bechannelled to eligible enterprises,either directly or indirectly, through elig-ible investment funds and/or financialintermediaries.

ARTICLE 2Resources of the investment facility

1. The resources of the Facility may beused, inter alia, to:

a) provide risk capital in the form of:

i) equity participation in ACP enter-prises, including financial institu-tions;

ii) quasi-capital assistance to ACPenterprises, including financial insti-tutions; and

iii) guarantees and other creditenhancements which may be usedto cover political and other invest-ment-related risks, both for foreignand local investors or lenders.

b) provide ordinary loans.

2. Equity participation shall normally be fornon-controlling minority holdings and

shall be remunerated on the basis of theperformance of the project concerned.

3. Quasi-capital assistance may consist ofshareholders’ advances, convertiblebonds, conditional, subordinated andparticipating loans or any other similarform of assistance. Such assistancemay consist in particular of:

a) conditional loans, the servicing and/orthe duration of which shall be linked tothe fulfilment of certain conditions withregard to the performance of the pro-ject; in the specific case of conditionalloans for pre-investment studies orother project-related technical assis-tance, servicing may be waived if theinvestment is not carried out;

b) participating loans, the servicingand/or the duration of which shall belinked to the financial return of the pro-ject; and

c) subordinated loans, which shall berepaid only after other claims havebeen settled.

4. The remuneration of each operation shallbe specified when the loan is made.However:

a) in the case of conditional or participat-ing loans, the remuneration shall nor-mally comprise a fixed interest rate ofnot more than 3% and a variable com-ponent related to the performance ofthe project; and

b) in the case of subordinated loans, theinterest rate shall be market related.

5. Garantees shall be priced so as toreflect the risks insured and the par-ticular characteristics of the operation.

6. The interest rate of ordinary loans shallcomprise a reference rate applied bythe Bank for comparable loans with thesame terms and conditions as to graceand repayment periods and a mark updetermined by the Bank.


ARTICLE 5Conditions for foreign exchange rate risk

In order to minimise the effects of exchangerate fluctuations, the problems of exchangerate risk shall be dealt with in the followingway:

a) in the case of equity participationdesigned to strengthen an enterprise’sown funds, the exchange rate risk shall,as a general rule, be borne by theInvestment Facility;

b) in the case of ordinary loans and risk cap-ital financing for small-and medium-sized enterprises (SMEs), the exchangerate risk shall, as a general rule, beshared by the Community, on the onehand, and by the other Parties involved,on the other. On average, the foreignexchange rate risk should be sharedequally and;

c) where feasible and appropriate, par-ticularly in countries characterised bymacroeconomic and financial stability,the Facility will endeavour to extendloans in local ACP currencies, thus defacto taking the foreign exchange risk.

ARTICLE 6Conditions for foreign

exchange transfer

The ACP States concerned shall, in respectof operations under the Agreement, and inrespect of which they have given theirwritten approval within the framework ofthis Agreement:

a) grant exemption from all national orlocal duties, fiscal charges on interest,commission and amortisation of loansdue in accordance with the law or lawsof the ACP State or States concerned;

b) place at the disposal of the beneficiar-ies the currency necessary for the pay-ment of interest, commission and theamortisation of loans due in terms offinancing contracts granted for theimplementation of projects and pro-grammes on their territories; and

c) make available to the Bank the foreigncurrency necessary for the transfer ofall sums received by it in national cur-rency at the exchange rate applicablebetween the Euro or other currencies oftransfer and the national currency atthe date of the transfer. These includeall forms of remuneration, such as, interalia, interest, dividends, commissionsand fees, as well as the amortisation ofloans and the proceeds from the sale ofshares due in terms of financing con-tracts granted for the implementationof projects and programmes on theirterritories.

ARTICLE 6aAnnual reporting on

the Investment Facility

Representatives of the EU Member Statesresponsible for the Investment Facility,Representatives of the ACP States, as wellas the European Investment Bank, theEuropean Commission, the EU CouncilSecretariat and the ACP Secretariat shallmeet annually to discuss the operations,performance and policy questions con-cerning the Investment Facility.

ARTICLE 6bReview of performance of

the Investment Facility

The overall performance of the InvestmentFacility shall be subject to a joint review atthe mid-term and end-term of a financialprotocol. Such an exercise may include arecommendation on how to improve theimplementation of the Facility.


Investment Facility. For the first twoyears after the entry into force of thesecond financial protocol, this remuner-ation shall be up to an amount of 2%p.a. of the total initial endowment of theInvestment Facility. Thereafter, theremuneration of the Bank shall include afixed component of 0,5% p.a. of the ini-tial endowment and a variable compo-nent of an amount of up to 1,5% p.a. ofthe portfolio of the Investment Facilitythat is invested in projects in ACP coun-tries. The remuneration shall befinanced out of the Investment Facility.

2. On expiry of the Financial Protocol, andin the absence of a specific decision bythe Council of Ministers, the cumulativenet reflows to the Investment Facilityshall be carried over to the next Protocol.

ARTICLE 4Bank own resource loans

1. The Bank shall:

a) contribute, through the resources itmanages, to the economic and indus-trial development of the ACP States ona national and regional basis; and tothis end, finance as a priority productiveprojects and programmes or otherinvestments aimed at promoting theprivate sector in all economic sectors;

b) establish close cooperation links withnational and regional developmentbanks and with banking and financialinstitutions of the ACP States and of theEU; and

c) in consultation with the ACP State con-cerned, adapt the arrangements andprocedures for implementing develop-ment finance cooperation, as set out inthis Agreement, if necessary, to takeaccount of the nature of the projectsand programmes and to act in accord-ance with the objectives of thisAgreement, within the framework of theprocedures laid down by its statute.

2. Loans from the Bank’s own resourcesshall be granted under the followingterms and conditions:

a) the reference rate of interest shall bethe rate applied by the Bank for a loanwith the same conditions as to cur-rency, and repayment period on the dayof signature of the contract or on thedate of disbursement;

b) however :

i) in principle, public sector projectsshall be eligible for an interest ratesubsidy of 3%;

ii) private sector projects falling into thecategories specified in Article 2 (7)(b)shall be eligible for interest ratessubsidies on the same terms asthose specified in Article 2(7)(b).

The final interest rate shall, in any case,never be less than 50% of the referencerate.

c) the amount of the interest rate subsidycalculated in terms of its value at thetimes of disbursement of the loan shallbe charged against the interest subsidyallocation of the Investment Facility asdefined in Article 2(8) and 2(9), andpaid directly to the Bank; and

d) the repayment period of loans madeby the Bank from its own resourcesshall be determined on the basis of theeconomic and financial characteristicsof the project, but may not exceed25 years. These loans shall normallycomprise a grace period fixed by refer-ence to the construction period of theproject.

3. For investments financed by the Bankfrom its own resources in public sectorcompanies, specific project-relatedguarantees or undertakings may berequired from the ACP State concerned.


3. The additional resources shall bereflected in the public accounts of thecountry concerned. They shall beutilised in accordance with program-ming rules and methods including thespecific provisions in Annexe IV"Implementation and managementprocedures", on the basis of agree-ments drawn up in advance betweenthe Community and the ACP State con-cerned in the year following the appli-cation. By agreement of both Parties theresources may be used to finance pro-grammes included in national budget.However a part of the additional re-sources may also be set aside for spe-cific sectors.

ARTICLE 10Advances

The system for allocating additionalresources shall provide for advances tocover any delays in obtaining consolidat-ed trade statistics and to ensure that theresources in question can be included inthe budget of the year following the appli-cation year. Advances shall be mobilisedon the basis of provisional export statis-tics drawn up by the government and sub-mitted to the Commission in advance ofthe official final consolidated statistics.The maximum advance shall be 80% ofthe estimated amount of additionalresources for the application year. Theamounts thus mobilised shall be adjustedby common agreement between theCommission and the government in thelight of final consolidated export statisticsand the final figure of the public deficit.

ARTICLE 11

The provisions in this Chapter shall besubject to review at the latest after twoyears of operation and subsequently atthe request of either Party.

CHAPTER 4OTHER PROVISIONS

ARTICLE 12Current payments and capital

movements

1. Without prejudice to paragraph 3 here-after, the Parties undertake to imposeno restrictions on any payments, infreely convertible currency, on the cur-rent account of balance of paymentsbetween residents of the Communityand of the ACP States.

2. With regard to transactions on the cap-ital account of balance of payments,the Parties undertake to impose norestrictions on the free movement ofcapital relating to direct investmentsmade in companies formed in accord-ance with the law of the host countryand investments made in accordancewith this Agreement, and the liquida-tion or repatriation of these invest-ments and of any profit stemmingtherefrom.

3. Where one or more ACP State or one ormore Member State of the Communityis in serious balance of payments diffi-culties, or under threat thereof, the ACPState, the Member State or theCommunity may, in accordance with theconditions established under the GATT,GATS and Article VIII and XIV of theArticles of Agreement of the Inter-national Monetary Fund, adopt restric-tions on current transactions whichshall be of limited duration and may notgo beyond what is necessary to remedythe balance of payments situation. TheParty taking the measures shall informthe other Parties forthwith and shallsubmit to them as soon as possible atimetable for the elimination of themeasures concerned.


CHAPTER 2SPECIAL OPERATIONS

ARTICLE 7

1. Cooperation shall support from thegrant allocation:

a) low-income housing to promote long-term development of the housingsector, including secondary mortgagefacilities;

b) micro-finance to promote SMEs andmicro-enterprises; and

c) capacity building to strengthen andfacilitate the effective participation ofthe private sector in social and economicdevelopment.

2. The ACP-EC Council of Ministers shall,after the signature of this Agreementand on a proposal by the ACP-ECDevelopment Finance CooperationCommittee, decide on the modalitiesand the amount of resources allocatedfrom the long-term development enve-lope to attain these objectives.

CHAPTER 3FINANCING FOR SHORT-TERM

FLUCTUATIONS IN EXPORTEARNINGS

ARTICLE 8

1. The Parties recognise that losses ofexport earnings as a result of short-termfluctuations may jeopardise the develop-ment financing requirements and theimplementation of macroeconomic andsectoral policies. The degree of depend-ence of an ACP State’s economy on theexport of goods, and in particular fromagricultural and mining products shall,therefore, be a criterion for determiningthe allocation of long-term development.

2. In order to mitigate the adverse effectsof instability of export earnings andsafeguard the development programmejeopardised by the drop in revenue,additional financial support may bemobilised from the programmableresources for the country’s long-termdevelopment on the basis of Articles 9and 10.

ARTICLE 9Eligibility criteria (1)

1. Eligibility for additional resources shallbe established by:

a)- a 10% (2% in the case of least-devel-oped landlocked and island States)loss of export earnings from goodscompared with the arithmetical aver-age of the earnings in the first threeyears of the first four years precedingthe application year; or

- a 10% (2% in the case of least-devel-oped landlocked and island States)loss of export earnings from the total ofagricultural or mineral products com-pared with the arithmetical average ofthe earnings in the first three years ofthe first four years preceding the appli-cation year for countries where the agri-cultural or mineral export revenues rep-resent more than 40 % of total exportrevenues from goods; and

b) a 2% worsening in the programmedpublic deficit programmed for the yearin question or forecast for the followingyear.

2. Entitlement to additional support shallbe limited to four successive years.


(1) O.J. L297, 22.09.2004

promotion and protection, the Contract-ing Parties agree to study the mainclauses of a model protection agree-ment. The study, drawing on the provi-sions of the existing bilateral agree-ments between the States Parties, willgive particular attention to the followingissues:

a) legal guarantees to ensure fair andequitable treatment and protection offoreign investors;

b) the most-favoured-investor clause;

c) protection in the event of expropriationand nationalisation;

d) the transfer of capital and profits, and

e) international arbitration in the event ofdisputes between investor and hostState.

3. The Parties agree to study the capacity ofthe guarantee systems to give a positiveanswer to the specific needs of small andmedium sized enterprises of insuringtheir investments in ACP States. Thestudies referred to above shall be startedas soon as possible after the signing ofthe Agreement. The result of these stud-ies shall be submitted, upon comple-tion to the ACP-EC DevelopmentFinance Cooperation Committee forconsideration and appropriate action.

ANNEXE IIIINSTITUTIONAL SUPPORT,

CDE AND CTA

ARTICLE 1

Cooperation shall support the institution-al mechanisms that provide assistance forbusinesses and enterprises and promoteagriculture and rural development. In thiscontext, cooperation shall help to:

a) strengthen and enhance the role ofthe Centre for the Development ofEnterprise (CDE) so as to provide theACP private sector with the necessarysupport in the promotion of privatesector development activities; and

b) strengthen and reinforce the role ofthe Centre for the Development ofAgriculture (CTA) in ACP institutionalcapacity development, particularlyinformation management, in order toimprove access to technologies forincreasing agricultural productivity,commercialisation, food security andrural development.

ARTICLE 2CDE

1. The CDE shall support the implementa-tion of private-sector developmentstrategies in the ACP countries by pro-viding non-financial services to ACPcompanies and businesses and sup-port to joint initiatives set up by eco-nomic operators of the Community andof the ACP States.

2. The CDE shall aim to assist private ACPenterprises to become more competi-tive in all sectors of the economy. Itshall in particular:

a) facilitate and promote business co-operation and partnerships betweenACP and EU enterprises;


ARTICLE 13Qualification and treatment of

business entities

As regards arrangements that may beapplied in matters of establishment andprovision of services, the ACP States, onthe one hand, and the Member States, onthe other, shall treat nationals andcompanies or firms of the ACP States andnationals and companies or firms of theMember States respectively on a non-discriminatory basis. However, if, for agiven activity, an ACP State or a MemberState is unable to provide such treatment,the ACP State or the Member State, as thecase may be, shall not be bound to accordsuch treatment for that activity to thenationals and companies or firms of theState concerned.

ARTICLE 14Definition of "companies and firms"

1. For the purpose of this Agreement,"companies or firms of a Member Stateor an ACP State" mean companies orfirms constituted under civil or commer-cial law, including corporations,whether public or otherwise, coopera-tive societies and other legal personsand partnerships governed by public orprivate law, save for those which arenon-profit-making, formed in accord-ance with the law of a Member State oran ACP State and whose statutoryoffice, central administration or princi-pal place of business is a Member Stateor an ACP State.

2. However, a company or firm having onlyits statutory office in a Member State oran ACP State must be engaged in anactivity which has an effective and con-tinuous link with the economy of thatMember State or ACP State.

CHAPTER 5INVESTMENT PROTECTION

AGREEMENTS

ARTICLE 15

1. When implementing the provisions ofArticle 78 of this Agreement, theParties shall take into account the fol-lowing principles :

a) a Contracting State may request whereappropriate, the negotiation of an invest-ment promotion and protection agree-ment with another Contracting State;

b) the States party to such agreementsshall practise no discriminationbetween Contracting States party tothis Agreement or against each other inrelation to third countries when open-ing negotiations for concluding, apply-ing and interpreting bilateral or multi-lateral investment promotion and pro-tection agreements;

c) the Contracting States shall have theright to request a modification or adap-tation of the non-discriminatory treat-ment referred to above when inter-national obligations or changed circum-stances so necessitate;

d) the application of the principlesreferred to above does not purport toand cannot in practice infringe the sov-ereignty of any Contracting Party to theAgreement; and

e) the relation between the date of entryinto force of any agreement negotiated,provisions for the settlement of disputesand the date of the investments con-cerned will be set out in the said agree-ment, account being taken of the provi-sions set out above. The ContractingParties confirm that retroactivity shall notapply as a general principle unlessContracting States stipulate otherwise.

2. With a view to facilitating the negotiationof bilateral agreements on investment


i) improve the formulation and man-agement of agricultural and ruraldevelopment policies and strate-gies at national and regional levelsincluding improved capacity fordata collection, policy research,analysis and formulation;

ii) improve the information and commu-nication management, in particularwithin the National AgriculturalStrategy;

iii) promote effective intra-institutionalInformation and CommunicationManagement (ICM) for performancemonitoring, as well as consortiawith regional and international part-ners;

iv) promote decentralised ICM at localand national levels;

v) strengthen initiatives via regionalcooperation; and

vi) develop approaches for assessingthe impact of policy on agriculturaland rural development.

3. The Centre shall support regional initia-tives and networks and shall progres-sively share capacity development pro-grammes with appropriate ACP organi-sations. To this end, the Centre shallsupport decentralised regional infor-mation networks. Such networks shallbe built up gradually and efficiently.

4. The Committee of Ambassadors shallbe the supervisory authority of theCentre. It shall, after the signature ofthis Agreement:

a) lay down the statutes and rules of pro-cedures of the Centre, including itssupervisory bodies;

b) lay down the statutes relating to staff,financial and staff regulations;

c) supervise the work of the bodies of theCentre; and

d) lay down the rules of operation and theprocedures for the adoption of theCentre’s budget.

5. The Committee of Ambassadors shall,in accordance with the procedures andcriteria determined by it, appoint themembers of the bodies of the Centre.

6. The budget of the Centre shall befinanced in accordance with the ruleslaid down in this Agreement in respectof development finance cooperation.


b) assist with the development of busi-ness support services through supportfor capacity building in private sectorowned organisations or support forproviders of technical, professional,management, commercial and trainingsupport services;

c) provide assistance for investment pro-motion activities, such as investmentpromotion organisations, organisationof investment conferences, training pro-grammes, strategy workshops and fol-low-up investment promotion missions;and

c) support for initiatives that contribute todevelop and transfer technologies andknow-how and best practices on allaspects of business management.

3. The CDE shall also:

a) inform the ACP private sector aboutthe provisions of the Agreement;

b) diffuse information within the localACP private sector about the productquality and standards required inexternal markets; and

c) provide information to European com-panies and private sector organisa-tions on business opportunities andmodalities in ACP countries.

4. The CDE shall extend its support forenterprises through qualified and com-petent national and/or regional service-providing intermediaries.

5. The activities of the CDE shall bebased on the concept of coordination,complementarity and added value inrespect of any private sector develop-ment initiatives taken by public or pri-vate entities. The CDE shall exerciseselectivity in undertaking its tasks.

6. The Committee of Ambassadors shallbe the supervisory authority of theCentre. It shall, after the signature ofthis Agreement:

a) lay down the statutes and rules of pro-cedure of the Centre, including itssupervisory bodies;

b) lay down the statutes relating to staff,financial and staff regulations;

c) supervise the work of the bodies of theCentre; and

d) lay down the rules of operation and theprocedures for the adoption of theCentre’s budget.

7. The Committee of Ambassadors shall,in accordance with the procedures andcriteria determined by it, appoint themembers of the bodies of the Centre.

8. The budget of the Centre shall befinanced in accordance with the ruleslaid down in this Agreement in respectof development finance cooperation.

ARTICLE 3CTA

1. The mission of the CTA shall be tostrengthen policy and institutionalcapacity development and informationand communication management cap-acities of ACP agricultural and ruraldevelopment organisations. It shallassist such organisations in formulatingand implementing policies and pro-grammes to reduce poverty, promotesustainable food security, preserve thenatural resource base, and thus con-tribute to building self-reliance in ACPrural and agricultural development.

2. The CTA shall:

a) develop and provide information ser-vices and ensure better access toresearch, training and innovations in thespheres of agricultural and rural develop-ment and extension, in order to promoteagriculture and rural development; and

b) develop and reinforce ACP capacities inorder to:


of island and landlocked States shallduly be taken into account. In addition,account shall be taken of the particulardifficulties of countries dealing with theaftermath of conflict or natural disas-ter; and

b) performance shall be assessed in anobjective and transparent manner onthe basis of the following parameters:progress in implementing institutionalreforms, country performance in theuse of resources, effective implementa-tion of current operations, poverty alle-viation or reduction, sustainable devel-opment measures and macroeconomicand sectoral policy performance.

2. The allocated resources shall comprisetwo elements:

a) an allocation to cover macroeconomicsupport, sectoral policies, programmesand projects in support of the focal ornon focal areas of Community assist-ance; and

b) an allocation to cover unforeseenneeds such as emergency assistancewhere such support cannot be financedfrom the EU budget, contributions tointernationally agreed debt relief initia-tives and support to mitigate adverseeffects of instability in export earnings.

3. This indicative amount shall facilitate thelong term programming of Communityaid for the country concerned. Togetherwith the uncommitted balances ofresources allocated to the country underprevious EDF, and wherever possibleCommunity budget resources, these allo-cations shall be the basis for the prepara-tion of the indicative programme for thecountry concerned.

4. Provision will be made for those coun-tries which, due to exceptional circum-stances, can not access normal pro-grammable resources.

5. Without prejudice to Article 5(7) con-cerning reviews, the Community may, inorder to take account of special needs

or exceptional performance, increase acountry’s allocation.

ARTICLE 4Preparation and adoption of

the indicative programme

1. Upon receipt of the information referredto above, each ACP State shall draw upand submit to the Community a draftindicative programme on the basis ofand consistent with its developmentobjectives and priorities as expressed inthe CSS. The draft indicative programmeshall contain:

a) the focal sector, sectors or areas onwhich support should be concentrated;

b) the most appropriate measures andoperations for attaining the objectivesand targets in the focal sector, sectorsor areas;

c) the resources reserved for programmesand projects outside the focal sector(s)and/or the broad outlines of such activi-ties, as well as an indication of theresources to be deployed for each ofthese elements;

d) the types of non-State actors eligible forfunding, in accordance with the criterialaid down by the Council of Ministers, theresources allocated for non-State actorsand the type of activities to be support-ed, which must be not-for-profit;

e) proposals for regional programmes andprojects; and

f ) a reserve for insurance against possibleclaims and to cover cost increases andcontingencies.

2. The draft indicative programme shall,as appropriate, contain the resourcesreserved to reinforce human, materialand institutional ACP capacity forpreparing and implementing national


ANNEXE IVIMPLEMENTATION

AND MANAGEMENTPROCEDURES

CHAPTER 1PROGRAMMING (NATIONAL)

ARTICLE 1

Operations financed by grants withinthe framework of this Agreement shallbe programmed at the beginning of theperiod covered by the Financial Protocol.Programming for this purpose shall mean:

a) the preparation and development of aCountry Support Strategy (CSS) basedon the country’s own medium-termdevelopment objectives and strategies;

b) a clear indication from the Community ofthe indicative programmable financialallocation from which the country maybenefit during the five year period aswell as any other relevant information;

c) the preparation and adoption of anindicative programme for implementingthe CSS; and

d) a review process covering the CSS, theindicative programme and the volumeof resources allocated to it.

ARTICLE 2Country support strategy

The CSS shall be prepared by the ACPState concerned and the EU following con-sultations with a wide range of actors inthe development process, and shall drawon lessons learned and best practices.Each CSS shall be adapted to the needsand respond to the specific circumstancesof each ACP State. The CSS shall be aninstrument to prioritise activities and tobuild local ownership of cooperation pro-

grammes. Any divergences between thecountry’s own analysis and that of theCommunity shall be noted. The CSS shallinclude the following standard elements:

a) an analysis of the political, economicand social country context, constraints,capacities and prospects including anassessment of basic needs, such asincome per capita, population size andsocial indicators, and vulnerability;

b) a detailed outline of the country’smedium-term development strategy,clearly defined priorities and expectedfinancing requirements;

c) an outline of relevant plans and actionsof other donors present in the country,in particular including those of the EUMember States in their capacity asbilateral donors;

d) response strategies, detailing the spe-cific contribution the EU can provide.These shall, to the extent possible,enable complementarity with opera-tions financed by the ACP State itselfand by other donors present in thecountry; and

e) a definition of the nature and scope ofthe most appropriate support mechan-isms to be applied in implementing theabove strategies.

ARTICLE 3Resource allocation

1. Resource allocation shall be based onneeds and performance, as defined inthis Agreement. In this context:

a) needs shall be assessed on the basis ofcriteria pertaining to per capita income,population size, social indicators andlevel of indebtedness, export earninglosses and dependence on export earn-ings, in particular in the sectors of agri-culture and mining. Special treatmentshall be accorded to the least devel-oped ACP States, and the vulnerability


4. The annual operational review of theindicative programme shall consist ofa joint assessment of the implementa-tion of the programme and take intoaccount the results of relevant activi-ties of monitoring and evaluation.This review shall be conducted locallyand shall be finalised between theNational Authorising Officer and theCommission within a period of 60days. It shall in particular cover anassessment of:

a) the results achieved in the focal sec-tor(s) measured against the identifiedtargets and impact indicators and sec-toral policy commitments;

b) programmes and projects outside thefocal sector(s)and/or in the frameworkof multi annual programmes;

c) the use of resources set aside for nonState actors;

d) the effectiveness in implementation ofcurrent operations and the extent towhich the timetable for commitmentsand payments have been respected;and

e) an extension of the programming per-spective for the following years.

5. The National Authorising Officer and theCommission shall submit the report onthe conclusion of the annual review tothe Development Finance CooperationCommittee, within 30 days of the comple-tion of the operational review. TheCommittee shall examine the report inaccordance with its responsibilities andpowers under the Agreement.

6. In the light of the annual operationalreviews, the National AuthorisingOfficer and the Commission may at themid-term and end-of-term reviews, andwithin the above time frames, reviewand adapt the CSS:

a) where operational reviews indicatespecific problems; and/or

b) in the light of changed circumstances ofan ACP State.

Such reviews shall be completed withina further period of 30 days of the finali-sation of the mid-term and end-of-termreviews. The end of Financial Protocolreview shall also include adaptation forthe new financial protocol in terms ofboth resource allocation and prepara-tion for the next programme.

7. Following the completion of the mid-term and end-of-term reviews, theCommission may, on behalf of theCommunity, revise the resource alloca-tion in the light of current needs andperformance of the ACP State concerned.

CHAPTER 2PROGRAMMING AND

PREPARATION (REGIONAL)

ARTICLE 6Participation

1. Regional cooperation shall cover oper-ations benefiting and involving:

a) two or more or all ACP States as well asany non-ACP developing countries par-ticipating in these operations, and/or

b) a regional body of which at least twoACP States are members, includingthose with members which are non-ACPcountries.

2. Regional cooperation can also involveOverseas Countries and Territories andoutermost regions. The funding toenable participation of these territoriesshall be additional to funds allocated tothe ACP States under the Agreement.

ARTICLE 7Regional programmes

The ACP States concerned shall decide onthe definition of geographical regions.


and regional indicative programmesand for improving the management ofthe ACP States’ public investmentprojects cycle.

3. The draft indicative programme shall bethe subject of an exchange of viewsbetween the ACP State concerned andthe Community. The indicative pro-gramme shall be adopted by commonagreement between the Commission onbehalf of the Community and the ACPState concerned. It shall, when adopted,be binding on both the Community andthat State. This indicative programmeshall be annexed to the CSS and shall inaddition contain:

a) specific and clearly identified opera-tions, especially those that can be com-mitted before the next review;

b) a timetable for implementation andreview of the indicative programme,including commitments and disburse-ments of resources; and

c) the parameters and criteria for thereviews.

4. The Community and the ACP State con-cerned shall take all necessary meas-ures to ensure that the programmingprocess is completed within the short-est possible time and, save in excep-tional circumstances, within twelvemonths of the signing of the FinancialProtocol. In this context, the prepara-tion of the CSS and the indicative pro-gramme must be part of a continuousprocess leading to the adoption of asingle document.

5. When an ACP State faces a crisis situationas the result of a war or other conflict, orexceptional circumstances with a com-parable effect, preventing the NationalAuthorising Officer from carrying out hisduty, the Commission may itself managethe resources allocated to the State inquestion in accordance with Article 3 anduse it for special support. Special sup-port may concern peace building pol-

icies, conflict management and resolu-tion, post-conflict support, includinginstitution-building, economic and socialdevelopment activities, taking particularaccount of the needs of the most vulner-able sections of the population. TheCommission and the ACP State con-cerned shall revert to normal implemen-tation and normal management proce-dures as soon as the authorities respon-sible for managing cooperation are ableto do so once more.

ARTICLE 5Review process

1. Financial cooperation between the ACPState and the Community shall be suffi-ciently flexible to ensure that operationsare kept constantly in line with theobjectives of this Agreement and to takeaccount of any changes occurring in theeconomic situation, priorities and object-ives of the ACP State concerned. In thiscontext, the National Authorising Officerand the Commission shall:

a) annually undertake an operationalreview of the indicative programme; and

b) undertake a mid-term and end-of-termreview of the CSS and the indicative pro-gramme in the light of current needs andperformance.

2. In exceptional circumstances referredto in the provisions on humanitarianand emergency assistance, the reviewcan be carried out on the demand ofeither Party.

3. The National Authorising Officer and theCommission shall:

a) take all necessary measures to ensureadherence to the provisions of theindicative programme, including ensur-ing that the timetable of commitmentsand disbursements agreed at the timeof programming is adhered to; and

b) determine any causes of delay in imple-mentation and propose suitable meas-ures to remedy the situation.


2. Without prejudice to Article 11 concern-ing reviews, the Community may, inorder to take account of new needs orexceptional performance, increase aregion’s allocation.

ARTICLE 10Regional indicative programme

1. On the basis of the resource allocationindicated above, the duly mandatedregional organisation(s), and in theabsence of such a mandate, the NationalAuthorising Officers of the countries inthe region, shall draw up a draft RegionalIndicative Programme. In particular, thedraft programme shall specify:

a) the focal sectors and themes ofCommunity aid;

b) the most appropriate measures andoperations to achieve the objectivesset for those sectors and themes; and

c) the programmes and projects enablingthose objectives to be attained, insofaras they have been clearly identified aswell as an indication of the resources tobe deployed for each of these elementsand a timetable for their implementa-tion.

2. The Regional Indicative Programmesshall be adopted by common agree-ment between the Community and theACP States concerned.

ARTICLE 11Review process

Financial cooperation between each ACPregion and the Community shall be suffi-ciently flexible to ensure that operationsare kept constantly in line with the object-ives of this Agreement and to takeaccount of any changes occurring in theeconomic situation, priorities and object-ives of the region concerned. A mid-termand end-of-term review of the regionalindicative programmes shall be undertak-en to adapt the indicative programme to

evolving circumstances and to ensure thatthey are correctly implemented. Followingthe completion of mid-term and end-of-term reviews, the Community may revisethe resource allocation in the light of cur-rent needs and performance.

ARTICLE 12Intra-ACP cooperation

1. At the beginning of the period coveredby the Financial Protocol, the Commu-nity shall indicate to the ACP Council ofMinisters the part of the funds ear-marked for regional operations thatshall be set aside for operations thatbenefit many or all ACP States. Suchoperations may transcend the conceptof geographic location.

2. The Community may, in order to takeaccount of new needs for increasing theimpact of intra-ACP activities, increasethe allocation for intra ACP cooperation.

ARTICLE 13Requests for financing

1. Requests for financing of regional pro-grammes shall be submitted by:

a) a duly mandated regional body ororganisation; or

b) a duly mandated sub-regional body,organisation or an ACP State in theregion concerned at the programmingstage, provided that the operation hasbeen identified in the RIP.

2. Requests for intra-ACP programmesshall be submitted by:

a) at least three duly mandated regionalbodies or organisations belonging todifferent geographic regions, or at leasttwo ACP States from each of the threeregions; or

b) the ACP Council of Ministers or the ACPCommittee of Ambassadors; or


To the maximum extent possible, regionalintegration programmes should corres-pond to programmes of existing regionalorganisations with a mandate for econom-ic integration. In principle, in case themembership of several relevant regionalorganisations overlaps, the regional inte-gration programme should correspond tothe combined membership of theseorganisations. In this context, theCommunity will provide specific supportfrom regional programmes to groups ofACP States who are committed to negoti-ate economic partnership agreementswith the EU.

ARTICLE 8Regional programming

1. Programming shall take place at thelevel of each region. The program-ming shall be a result of an exchangeof views between the Commissionand the duly mandated regionalorganisation(s) concerned, and in theabsence of such a mandate, theNational Authorising Officers of thecountries in that region. Where appro-priate, programming may include aconsultation with eligible non-Stateactors.

2. Programming for this purpose shallmean:

a) preparation and development of aRegional Support Strategy (RSS) basedon the region’s own medium-term devel-opment objectives and strategies;

b) a clear indication from the Community ofthe indicative resource allocation fromwhich the region may benefit during thefive-year period as well as any other rel-evant information;

c) preparation and adoption of a RegionalIndicative Programme (RIP) for imple-menting the RSS; and

d) a review process covering the RSS, theRIP and the volume of resources allo-cated to each region.

3. The RSS shall be prepared by theCommission and the duly mandatedregional organisation(s) in collabora-tion with the ACP States in the regionconcerned. The RSS will be an instru-ment to prioritise activities and to buildlocal ownership of supported pro-grammes. The RSS shall include the fol-lowing standard elements:

a) an analysis of the political, economicand social context of the region;

b) an assessment of the process andprospects of regional economic integra-tion and integration into the worldeconomy;

c) an outline of the regional strategies andpriorities pursued and the expectedfinancing requirements;

d) an outline of relevant activities of otherexternal partners in regional coopera-tion; and

e) an outline of the specific EU contribu-tion towards achievement of the goalsfor regional cooperation and integra-tion, complementary insofar as pos-sible to operations financed by the ACPStates themselves and by other exter-nal partners, particularly the EUMember States.

ARTICLE 9Resource allocation

1. At the beginning of the period coveredby the Financial Protocol, each regionshall receive from the Community anindication of the volume of resourcesfrom which it may benefit during a five-year period. The indicative resource allo-cation shall be based on an estimate ofneed and the progress and prospects inthe process of regional cooperation andintegration. In order to achieve an ade-quate scale and to increase efficiency,regional and national funds may bemixed for financing regional operationswith a distinct national component.


gible in accordance with this Agreementmay be appraised by the Commissionalone and give rise to the establishment,between the Commission and non-Stateactors, of grant contracts as defined inArticle 19a. This appraisal shall complywith Article 4(1)(d) regarding the types ofactors, their eligibility and the type ofactivity to be supported. The Commission,through the Head of Delegation, shallinform the National Authorising Officer ofsuch allocated grants.

ARTICLE 16Financing proposal and decision

1. The conclusions of the appraisal shallbe summarised in a financing proposal,the final version of which shall be drawnup by the Commission in close collab-oration with the ACP State concerned.

2. [deleted]

3. [deleted]

4. The Commission, acting on behalf of theCommunity, shall communicate itsfinancing decision to the ACP State con-cerned within 90 days from the date onwhich the final version of the financialproposal is drawn up.

5. Where the financing proposal is notadopted by the Commission on behalfof the Community, the ACP State con-cerned shall be informed immediatelyof the reasons for that decision. In sucha case, the representatives of the ACPState concerned may, within 60 daysthereafter, request either:

a) that the matter be referred to the ACP-EC Development Finance CooperationCommittee set up under this Agreement;or

b) that they be given a hearing by theCommunity’s representatives.

6. Following such a hearing, a definitivedecision to adopt or reject the financing

proposal shall be taken by theCommission on behalf of theCommunity. Before any decision istaken, the ACP State concerned mayforward to the Commission any factswhich may appear necessary to supple-ment the information available to it.

ARTICLE 17Financing agreement

1. Save as otherwise provided for in thisAgreement, for any programme or pro-ject financed by a grant from the Fund, afinancing agreement shall be drawn upbetween the Commission and the ACPState concerned.

2. The financing agreement shall be drawnup between the Commission and theACP State concerned within 60 days ofthe decision taken by the Commissionon behalf of the Community. The financ-ing agreement shall:

a) specify, in particular, the details of theCommunity’s financial contribution, thefinancing arrangements and terms andthe general and specific provisions relat-ing to the programme or project con-cerned; and

b) make adequate provision for appropri-ations to cover cost increases and con-tingencies.

3. Any unexpended balance left upon clo-sure of the accounts of programmesand projects shall accrue to the ACPState or States concerned.


c) international organisations carrying outoperations that contribute to the object-ives of regional cooperation and integra-tion, such as the African Union, subject toprior approval by the ACP Committee ofAmbassadors.

ARTICLE 14Procedures for implementation

1. [deleted]

2. [deleted]

3. Account being taken of the objectivesand inherent characteristics of regionalcooperation, including intra-ACP co-operation, operations undertaken in thissphere shall be governed by the proce-dures established for developmentfinance cooperation where applicable.

4. In particular and subject to paragraphs5 and 6, any regional programme orproject financed from the Fund shallgive rise to:

a) either, in accordance with Article 17, afinancing agreement drawn up betweenthe Commission and one of the bodiesmentioned in Article 13; in such cases,the relevant body shall designate aRegional Authorising Officer whoseduties correspond mutatis mutandiswith those of the National AuthorisingOfficer;

b) or a grant contract as defined in Article19a drawn up between the Commissionand one of the bodies mentioned inArticle 13, depending on the nature of theaction and where the relevant body, otherthan an ACP State, is responsible forcarrying out the programme or project.

5. Programmes and projects financedfrom the Fund and for which requestsfor financing have been presentedby international organisations inaccordance with Article 13(2)(c) shallgive rise to the drawing up of a grantcontract.

6. Programmes and projects financedfrom the Fund for which requests forfinancing have been presented by theACP Council of Ministers or Committeeof Ambassadors shall be implementedeither by the ACP Secretariat, in whichcase a financing agreement shall bedrawn up between the Commission andthe Secretariat in accordance withArticle 17, or by the Commission,depending on the nature of the action.

CHAPTER 3APPRAISAL AND FINANCING

ARTICLE 15Identification, preparation and appraisal

of programmes and projects

1. Programmes and projects that havebeen presented by the ACP State con-cerned shall be subject to jointappraisal. The ACP-EC DevelopmentFinance Cooperation Committee shalldevelop the general guidelines andcriteria for appraisal of programmesand projects. These programmes andprojects are generally multi-annualand may incorporate a whole range ofactions of a limited size in a particulararea.

2. Programme and project dossiers pre-pared and submitted for financing mustcontain all information necessary forthe appraisal of the programmes andprojects or, where programmes andprojects have not been completelydefined, provide the broad outlinesnecessary for their appraisal.

3. Programme and project appraisal shalltake due account of national humanresource constraints and ensure a strat-egy favourable to the promotion ofsuch resources. It shall also take intoaccount the specific characteristics andconstraints of each ACP State.

4. Programmes and projects to be imple-mented by non-State actors which are eli-


ated cases and in agreement with theCommission, issue invitations to tender forall types of contracts with a suspensionclause, once project appraisal is completedbut before the financing decision is taken.Such a provision must be mentioned in thefinancing proposal

ARTICLE 20Eligibility

Save where a derogation is granted inaccordance with Article 22, and withoutprejudice to Article 26:

1. participation in procedures for theawarding of procurement contracts orgrants financed from the Fund shall beopen to all natural and legal personsfrom ACP States and Member States ofthe Community;

2. supplies and materials purchasedunder a contract financed from theFund must originate in a State that iseligible under point 1. In this context,the definition of the concept of "origin-ating products" shall be assessed byreference to the relevant internationalagreements, and supplies originating inthe Community shall include suppliesoriginating in the Overseas Countriesand Territories;

3. participation in procedures for theawarding of procurement contracts orgrants financed from the Fund shall beopen to international organisations;

4. whenever the Fund finances an opera-tion implemented through an inter-national organisation, participation inprocedures for the awarding of procure-ment contracts or grants shall be opento all natural and legal persons who areeligible under point 1, and to all naturaland legal persons who are eligibleaccording to the rules of the organisa-tion, care being taken to ensure equaltreatment of all donors. The same rulesapply for supplies and materials;

5. whenever the Fund finances an opera-tion implemented as part of a regional

initiative, participation in proceduresfor the awarding of procurement con-tracts or grants shall be open to all nat-ural and legal persons who are eligibleunder point 1, and to all natural andlegal persons from a country participat-ing in the relevant initiative. The samerules apply for supplies and materials;

6. whenever the Fund finances an opera-tion co-financed with a third State, par-ticipation in procedures for the award-ing of procurement contracts or grantsshall be open to all natural and legalpersons eligible under point 1, and toall persons eligible under the rules ofthe above mentioned third State. Thesame rules apply for supplies andmaterials.

ARTICLE 21Participation on equal terms

The ACP States and the Commission shalltake the necessary measures to ensurethe widest possible participation on equalterms in invitations to tender for works,supplies and services contracts, includ-ing, as appropriate, measures to:

a) ensure publication of invitations totender in the Official Journal of theEuropean Communities, the Internet,the Official Journals of all the ACPStates and any other appropriate infor-mation media;

b) eliminate discriminatory practices ortechnical specifications which mightstand in the way of widespread partici-pation on equal terms;

c) encourage cooperation between thecompanies and firms of the MemberStates and of the ACP States;

d) ensure that all the awarding criteria arespecified in the tender dossier; and

e) ensure that the tender selected conformsto the requirements of the tender dossierand meets the awarding criteria statedthere in.


ARTICLE 18Cost over-runs

1. Once it appears that there is a risk ofcost over-runs over and above thefinancing available under the financingagreement, the National AuthorisingOfficer shall notify the Commission andrequest its prior approval on the meas-ures which the National AuthorisingOfficer intends to take in order to coversuch cost over-runs, either by reducingthe scale of the programme or project orby calling on national or other nonCommunity resources.

2. If it is not possible to reduce the scaleof the programme or project or to coverthe over-runs with other resources, theCommission, acting on behalf of theCommunity, may, on the basis of a rea-soned request from the NationalAuthorising Officer, take an additionalfinancing decision on resources fromthe indicative programme.

ARTICLE 19Retroactive financing

1. In order to ensure early project start-up,avoid gaps between sequential projectsand prevent delays, the ACP States may,on completion of project appraisal andbefore the financing decision is taken,pre-finance activities linked to the start-up of programmes, preliminary and sea-sonal work, orders for equipment withlong delivery lead times as well as someon-going operations. Such expenditureshall satisfy the procedures providedfor in this Agreement.

2. Any expenditure referred to in para-graph 1 shall be mentioned in thefinancing proposal and shall be withoutprejudice to the financing decisiontaken by the Commission on behalf ofthe Community.

3. Expenditure made by the ACP State underthis Article shall be retroactively financedunder the programme or project, once thefinancing agreement is signed.

CHAPTER 4IMPLEMENTATION

ARTICLE 19aImplementation measures

1. Where financial execution is theCommission’s responsibility, imple-mentation of programmes and pro-jects financed from the Fund shall con-sist chiefly of the following:

a) awarding of procurement contracts;

b) awarding of grants;

c) performance by direct labour;

d) direct payments as budgetary support,support for sectoral programmes, debtrelief and support to cover short termfluctuations in export earnings.

2. In the context of this Annexe, procure-ment contracts are contracts for pecu-niary interest concluded in writing inorder to obtain, against payment of aprice, the supply of movable assets, theexecution of works or the provision ofservices.

3. In the context of this Annexe, grants aredirect financial contributions awardedby way of a donation in order to finance:

a) either an action designed to helpachieve an objective of this Agreementor of a programme or project adopted inaccordance with this Agreement, or

b) the functioning of a body which pur-sues such an objective.

Grants shall be covered by a writtencontract.

ARTICLE 19bTender procedure with suspension

clause

In order to ensure early project start-up,the ACP States may, in all duly substanti-


ii) between EUR 30 000 and EUR150 000 shall be awarded throughan open local invitation to tender;and

iii) below EUR 30 000 shall be awardedby direct agreement contract whichinvolves a simplified procedurewithout publication of a procure-ment notice.

c) service contracts of a value :

i) higher than EUR 200 000 shall beawarded through a restricted inter-national tender after publication of aprocurement notice; and

ii) below EUR 200 000 shall be awardedby direct agreement contract whichinvolves a simplified procedure or aframework contract.

3. For works, supply and service contractswith a value of EUR 5 000 or less, thesecan be awarded directly without com-petition.

4. In case of restricted invitation to tender,a short-list of prospective tenderersshall be drawn up by the ACP State orStates concerned in agreement with theHead of Delegation following, whereapplicable, a call for pre-qualification oftenders based on the publication of aprocurement notice.

5. In case of direct-agreement contracts,the ACP State shall enter freely intosuch discussions as it may considerappropriate with the prospective ten-derers whom it has short-listed inaccordance with the Articles 20 to 22and award the contract to the tendererswhom it has selected.

6. The ACP States may request theCommission to negotiate, draw up,conclude and implement service con-tracts directly on their behalf orthrough its relevant agency.

ARTICLE 24Implementation by direct labour

1. In the case of direct labour operations,programmes and projets shall beimplemented through public or semi-public agencies or departments of theACP State or States concerned or bythe legal person responsible for exe-cuting the operation.

2. The Community shall contribute to thecosts of the department involved byproviding the equipment and/or mater-ials that it lacks and/or resources toallow it to acquire additional staffrequired in the form of experts fromwithin the ACP States concerned orother ACP States. The Community’s par-ticipation shall cover only costsincurred by supplementary measuresand temporary expenditure relating toexecution that are strictly confined tothe requirements of the programmesand projects in question.

3. Programme estimates implementingdirect-labour operations must complywith the Community rules, proceduresand standard documents laid down bythe Commission, as applicable at thetime of approval of the programmeestimates.

ARTICLE 25Emergency assistance contracts

Contracts under emergency assistanceshall be undertaken in such a way as toreflect the urgency of the situation. To thisend, for all operations relating to emer-gency assistance, the ACP State may, inagreement with the Head of Delegation,authorise:

a) the conclusion of contracts by directagreement;

b) the performance of contracts by directlabour;

c) implementation through specialisedagencies; and

d) direct implementation by the Commission.


ARTICLE 22Derogation

1. In exceptional duly substantiated circum-stances, natural or legal persons fromthird countries not eligible under Article20 may be authorised to participate inprocedures for the awarding of procure-ment contracts or grants financed by theCommunity at the justified request of theACP States concerned. The ACP Statesconcerned shall, on each occasion, pro-vide the Commission with the informa-tion needed to decide on such deroga-tion, with particular attention being givento:

a) the geographical location of the ACPState concerned;

b) the competitiveness of contractors,suppliers and consultants from theMember States and the ACP States;

c) the need to avoid excessive increases inthe cost of performance of the contract;

d) transport difficulties or delays due todelivery times or other similar prob-lems;

e) technology that is the most appropriateand best suited to local conditions;

f ) cases of extreme urgency;

g) the availability of products and servicesin the relevant markets.

2. In the case of projects financed from theInvestment Facility, the procurementrules of the Bank shall apply.

ARTICLE 23Competition

1. To simplify and streamline the generalrules and regulations for competitionand preferences for EDF financed opera-tions, contracts shall be awardedthrough open and restricted proceduresas well as framework contract, directagreement contracts and direct labouras follows:

a) open international invitation to tenderthrough or after the publication of aprocurement notice in accordance withthe provisions of this Agreement;

b) open local invitation to tender wherethe procurement notice is publishedexclusively in the beneficiary ACP State;

c) restricted international invitation totender where the Contracting Authorityinvites a limited number of candidatesto take part in the call for tender afterthe publication of a pre-informationnotice;

d) direct agreement contracts which involvesimplified procedure where the publica-tion of the procurement notice is dis-pensed with and the ContractingAuthority invites a limited number ofservice providers to present their offers;and

e) direct labour agreement where contractsare performed through public or semi-public agencies and departments of thebeneficiary States concerned.

2. Contracts financed from the Fund shallbe concluded in accordance with the fol-lowing provisions:

a) works contracts of a value :

i) higher than EUR 5 000 000 shall beawarded in an open internationalinvitation to tender;

ii) between EUR 300 000 and EUR 5000 000 shall be awarded throughan open local invitation to tender;and

iii) lower than EUR 300 000 shall beawarded by direct agreement contractwhich involves a simplified procedurewithout publication of a procurementnotice.

b) supply contracts of a value :

i) higher than EUR 150 000 shall beawarded through an open inter-national invitation to tender;


tender, including the offer of an aftersales service in the ACP State; and

iii) the nature of, the conditions andthe time limit for executing thecontracts, and the adaptation tolocal conditions.

c) for a service contract who offers themost advantageous tender taking intoaccount, inter alia, the price, the techni-cal value of the tender, the organisationand the methodology proposed for theprovision of the services as well as thecompetence, independence and avail-ability of the personnel proposed.

2. Where two tenders are acknowledgedto be equivalent on the basis of the cri-teria stated above, preference shall begiven:

a) to the tenderer of an ACP State; or

b) if no such tender is forthcoming, to thetenderer who :

i) permits the best possible use of thephysical and human resources ofthe ACP States;

ii) offers the greatest subcontractingpossibilities to ACP companies,firms or natural persons; or

iii) is a consortium of natural persons,companies and firms from ACPStates and the Community.

ARTICLE 28General regulations for contracts

1. The award of contracts financed fromthe resources of the Fund shall be gov-erned by this Annexe and the proce-dures which shall be adopted by deci-sion of the Council of Ministers at thefirst meeting following the signing ofthis Agreement, upon the recommenda-tion of the ACP-EC Development FinanceCooperation Committee. These proce-dures shall respect the provisions ofthis Annexe and the Community’s pro-

curement rules for cooperation withthird countries.

2. Pending the adoption of these proced-ures, the current EDF rules as containedin the current general regulations andgeneral conditions of contracts shallapply.

ARTICLE 29General conditions for contracts

Performance of works, supply and servicecontracts financed from the resources ofthe Fund shall be governed by:

a) the general conditions applicable tocontracts financed by the Fund whichshall be adopted by decision of theCouncil of Ministers at the first meetingfollowing the signing of this Agreement,upon the recommendation of the ACP-EC Development Finance CooperationCommittee; or

b) in the case of co-financed projects andprogrammes, or where a derogation tothird parties has been granted or inaccelerated procedures or in otherappropriate cases, such other generalconditions as may be agreed by the ACPState concerned and the Community,i.e. :

i) the general conditions for contractsprescribed by the national legisla-tion of the ACP State concerned orits established practices regardinginternational contracts; or

ii) any other international general con-ditions for contracts.

ARTICLE 30Settlement of disputes

Any dispute arising between the authori-ties of an ACP State and a contractor, sup-plier or provider of services during theperformance of a contract financed by theFund shall:


ARTICLE 26Preferences

1. Measures shall be taken to encouragethe widest participation of the naturaland legal persons of ACP States in theperformance of contracts financed bythe Fund in order to permit the optimi-sation of the physical and humanresources of those States. To this end:

a) for works contracts of a value of lessthan EUR 5 000 000, tenderers of theACP States, provided that at least onequarter of the capital stock and man-agement staff originates from one ormore ACP States, shall be accorded a10% price preference where tenders ofan equivalent economic, technical andadministrative quality are compared;

b) for supply contracts, irrespective of thevalue of the supplies, tenderers of theACP States who offer supplies of atleast 50% in contract value of ACP ori-gin, shall be accorded a 15% price pref-erence where tenders of equivalenteconomic, technical and administrativequality are compared;

c) in respect of service contracts, wheretenders of equivalent economic andtechnical quality are compared, prefer-ence shall be given to:

i) experts, institutions or consultancycompanies or firms from ACP Stateswith the required competence;

ii) offers submitted by ACP firms,either individually or in a consor-tium with European partners; and

iii) offers presented by European ten-derers with ACP sub-contractors orexperts;

d) where subcontracting is envisaged, pref-erence shall be given by the successfultenderer to natural persons, companiesand firms of ACP States capable of per-forming the contract required on similarterms; and

e) the ACP State may, in the invitation totender, propose to the prospective ten-derers the assistance of other ACPStates’ companies or firms or nationalexperts or consultants selected bymutual agreement. This cooperationmay take the form either of a joint ven-ture, or of a subcontract or of on thejob training of trainees.

2. Where two tenders are acknowledgedto be equivalent on the basis of thecriteria stated above, preference shallbe given:

a) to the tenderer of an ACP State; or

b) if no such tender is forthcoming, to thetenderer who:

i) allows for the best possible use ofthe physical and human resourcesof the ACP States;

ii) offers the greatest subcontractingpossibilities for ACP companies,firms or natural persons; or

iii) is a consortium of natural persons,companies and firms from ACPStates and the Community.

ARTICLE 27Award of contracts

1. Without prejudice to Article 24, the ACPState shall award the contract to thetenderer:

a) whose tender is found to be responsiveto the tender dossier;

b) for a works or supply contract, whohas offered the most advantageoustender as assessed, inter alia, on thebasis of :

i) the price, the operating and main-tenance costs;

ii) the qualifications of, and the guar-antees offered by the tenderers, aswell as the technical qualities of the


other than those recruited locally,engaged in carrying out tasks definedin a service contract and members oftheir families, shall be exempt fromcustoms or import duties, taxes andother fiscal charges having equivalenteffect, within the limit of the nationallegislation in force in the beneficiaryACP State.

3. Any matter not covered by the aboveprovisions on tax and customs arrange-ments shall remain subject to thenational legislation of the ACP Stateconcerned.

CHAPTER 5MONITORING AND EVALUATION


The objective of monitoring and evalua-tion shall consist in the regular assess-ment of development operations (prepa-ration, implementation and subsequentoperation) with a view to improving thedevelopment effectiveness of on-goingand future operations.

ARTICLE 33Modalities

1. Without prejudice to evaluations carriedout by the ACP States or the Commission,this work will be done jointly by the ACPState(s) and the Community. The ACPEC Development Finance CooperationCommittee shall ensure the joint charac-ter of the joint monitoring and evaluationoperations. In order to assist the ACP-EC Development Finance CooperationCommittee, the Commission and the ACPGeneral Secretariat shall prepare andimplement the joint monitoring and eval-uations and report to the Committee. TheCommittee shall, at its first meeting afterthe signature of the Agreement, fix the

operational modalities aimed atensuring the joint character of the opera-tions and shall, on a yearly basis,approve the work programme.

2. Monitoring and evaluation activitiesshall notably:

a) provide regular and independent assess-ments of the Fund’s operations and activ-ities by comparing results with object-ives; and thereby

b) enable the ACP States and theCommission and the Joint Institutions,to feed the lessons of experience backinto the design and execution of futurepolicies and operations.

CHAPTER 6FUND-RESOURCE

MANAGEMENT AND EXECUTING AGENTS

ARTICLE 34The Commission

1. The Commission shall undertake thefinancial execution of operations car-ried out with Fund resources, with theexception of the Investment Facilityand interest-rate subsidies, using thefollowing main methods of manage-ment:

a) centralised management;

b) decentralised management.

2. As a general rule, the financial execu-tion of the Fund resources by theCommission shall be decentralised.

In this instance, the execution dutiesshall be carried out by the ACP States inaccordance with Article 35.

3. In order to carry out the financial exe-cution of the Fund resources, the


a) in the case of a national contract, besettled in accordance with the nation-al legislation of the ACP State con-cerned; and

b) in the case of a transnational contractbe settled either :

i) if the Parties to the contract so agree,in accordance with the national legis-lation of the ACP State concerned orits established international prac-tices; or

ii) by arbitration in accordance with theprocedural rules which will be adopt-ed by decision of the Council ofMinisters at the first meeting follow-ing the signing of this Agreement,upon the recommendation of theACP-EC Development Finance Co-operation Committee.

ARTICLE 31Tax and customs arrangements

1. The ACP States shall apply to contractsfinanced by the Community tax andcustoms arrangements no lessfavourable than those applied by themto the most favoured States or inter-national development organisationswith which they have relations. For thepurpose of determining the most-favoured-nation (MFN) treatment,account shall not be taken of arrange-ments applied by the ACP State con-cerned to other ACP States, or to otherdeveloping countries.

2. Subject to the above provisions the fol-lowing shall apply to contracts financedby the Community:

a) the contract shall not be subject in thebeneficiary ACP State to stamp or regis-tration duties or to fiscal charges hav-ing equivalent effect, whether suchcharges already exist or are to be insti-tuted in the future; however, such con-tracts shall be registered in accordancewith the laws in force in the ACP Stateand a fee corresponding to the servicerendered may be charged for it;

b) profits and/or income arising from theperformance of contracts shall be tax-able according to the internal fiscalarrangements of the ACP State con-cerned, provided that the natural orlegal persons who realise such profitand/or income have a permanent placeof business in that State, or that theperformance of the contract takeslonger than six months;

c) enterprises which must import profes-sional equipment in order to carry outworks contracts shall, if they sorequest, benefit from the system oftemporary admission as laid down bythe national legislation of the benefici-ary ACP State in respect of the saidequipment;

d) professional equipment necessary forcarrying out tasks defined in a servicecontract shall be temporarily admittedinto the beneficiary ACP State or Statesin accordance with its national legisla-tion free of fiscal, import and customsduties and of other charges havingequivalent effect where these dutiesand charges do not constitute remuner-ation for services rendered;

e) imports under supply contracts shall beadmitted into the beneficiary ACP Statewithout customs duties, import duties,taxes or fiscal charges having equiva-lent effect. The contract for suppliesoriginating in the ACP State concernedshall be concluded on the basis of theex-works price of the supplies to whichmay be added such internal fiscalcharges as may be applicable to thosesupplies in the ACP State;

f ) fuels, lubricants and hydrocarbonbinders and, in general, all materialsused in the performance of works con-tracts shall be deemed to have beenpurchased on the local market and shallbe subject to fiscal rules applicableunder the national legislation in force inthe beneficiary ACP State; and

g) personal and household effectsimported for use by natural persons,


k) during the execution operations, makeany adaptation arrangements neces-sary to ensure the proper execution ofapproved programmes or projects fromthe economic and technical viewpoint.

2. The National Authorising Officer shall,during the execution of operations andsubject to the requirement to informthe Commission, decide on:

a) technical adjustments and alterationsto programmes and projects in mattersof detail so long as they do not affectthe technical solution adopted andremain within the limits of the reservefor adjustments provided for in thefinancing agreement;

b) changes of site for multiple-unit pro-grammes or projects where justified ontechnical, economic or social grounds;

c) imposition or remission of penalties fordelay;

d) acts discharging guarantors;

e) purchase of goods, irrespective of theirorigin, on the local market;

f ) use of construction equipment andmachinery not originating in the MemberStates or ACP States provided there is noproduction of comparable equipmentand machinery in the Member States orACP States;

g) subcontracting;

h) final acceptance, provided that theCommission is present at provisionalacceptance, endorses the correspond-ing minutes and, where appropriate, ispresent at the final acceptance, in par-ticular where the extent of the reser-vations recorded at the provisionalacceptance necessitates major addi-tional work; and

i) hiring of consultants and other technicalassistance experts.

ARTICLE 36Head of delegation

1. The Commission shall be representedin each ACP State or in each regionalgrouping which expressly so requests,by a delegation under the authority ofa Head of Delegation, with theapproval of the ACP State or Statesconcerned. Appropriate measuresshall be taken in any case in which aHead of Delegation is appointed to agroup of ACP States. The Head ofDelegation shall represent theCommission in all spheres of its com-petence and in all its activities.

2. The Head of Delegation shall be themain contact for ACP States and bodiesor organisations eligible for financialsupport under the Agreement. He shallcooperate and work in close coopera-tion with the National AuthorisingOfficer.

3. The Head of Delegation shall have thenecessary instructions and delegatedpowers to facilitate and expedite alloperations under the Agreement.

4. On a regular basis, the Head ofDelegation shall inform the nationalauthorities of Community activitieswhich may directly concern coopera-tion between the Community and theACP States.

ARTICLE 37Payments

1. For the purpose of effecting paymentsin the national currencies of the ACPStates, accounts denominated in thecurrencies of the Members States or ineuro may be opened in the ACP Statesby and in the name of the Commissionwith a national public or semi-publicfinancial institution chosen by agree-ment between the ACP State and theCommission. This institution shall exer-cise the functions of National PayingAgent.


Commission shall delegate its execu-tive powers within its own depart-ments. The Commission shall informthe ACP States and the ACP-ECDevelopment Finance CooperationCommittee of this delegation of tasks.

ARTICLE 35National Authorising Officer

1. The Government of each ACP State shallappoint a National Authorising Officerto represent it in all operations financedfrom the Fund resources managed bythe Commission and the Bank. TheNational Authorising Officer shallappoint one or more deputy NationalAuthorising Officers to replace himwhen he is unable to carry out hisduties and shall inform the Commissionof this appointment. Wherever the con-ditions regarding institutional capacityand sound financial management aremet, the National Authorising Officermay delegate his functions for imple-mentation of the programmes and pro-jects concerned to the body responsiblewithin the national administration. TheNational Authorising Officer shallinform the Commission of any such del-egation.

When the Commission becomes awareof problems in carrying out proceduresrelating to management of Fundresources, it shall, in conjunction withthe National Authorising Officer, makeall contacts necessary to remedy thesituation and take any appropriatesteps.

The National Authorising Officer shallassume financial responsibility onlyfor the executive tasks entrusted tohim.

Where Fund resources are managed in adecentralised way and subject to anyadditional powers that might be grantedby the Commission, the NationalAuthorising Officer shall:

a) be responsible for the coordination, pro-gramming, regular monitoring and annual,mid-term and end-of-term reviews ofimplementation of cooperation, and forcoordination with donors;

b) in close cooperation with theCommission, be responsible for thepreparation, submission and appraisalof programmes and projects;

c) prepare tender dossiers and, whereappropriate, the documents for calls forproposals;

d) submit tender dossiers and, whereappropriate, documents for calls forproposals, to the Commission forapproval before launching invitationsto tender and, where appropriate, callsfor proposals;

e) in close cooperation with theCommission, launch invitations to ten-der and, where appropriate, calls forproposals;

f ) receive tenders and, if applicable, pro-posals, and transmit copies of tendersto the Commission; preside over theopening of tenders and decide on theresults of their examination within theperiod of validity of the tenders, takingaccount of the time required forapproval of contracts;

g) invite the Commission to the opening oftenders and, if applicable, proposalsand notify the Commission of theresults of the examination of tendersand proposals for approval of the pro-posals for the award of contracts andgrants;

h) submit contracts and programme esti-mates and any addenda thereto to theCommission for approval;

i) sign the contracts and addenda theretoapproved by the Commission;

j) clear and authorise expenditure withinthe limits of the funds assigned to him;and


special relations and special nature ofACP-EC cooperation, examine on acase-by-case basis the requests fromthe ACP States for preferential accessfor their agricultural products to theCommunity market and shall notify itsdecision on these reasoned requests ifpossible within four months, and in anycase not more than six months after thedate of their submission.

Within the context of subparagraph (a),the Community shall take its decisionsin particular with reference to conces-sions granted to developing third coun-tries. It shall take account of the possi-bilities offered by the off-season market.

d) The arrangements referred to in sub-paragraph (a) shall enter into force atthe same time as this Agreement andshall remain applicable for the dur-ation of the preparatory period definedin Article 37(1) of the Agreement.

However, if during this period, theCommunity:

- subjects one or more products to com-mon organization of the market or tospecific rules introduced as a result ofthe implementation of the commonagricultural policy, it shall reserve theright to adapt the import treatment forthose products originating in the ACPStates, following consultations withinthe Council of Ministers. In such cases,the provisions of subparagraph (a)shall be applicable;

- modifies the common organisation ofthe market in a particular product or thespecific rules introduced as a result ofthe implementation of the common agri-cultural policy, it shall reserve the rightto modify the arrangements laid downfor products originating in the ACPStates, following consultations withinthe Council of Ministers. In such casesthe Community shall undertake toensure that products originating in theACP States continue to enjoy an advan-tage comparable to that previously

enjoyed in relation to products originat-ing in third countries benefiting from themost-favored-nation clause.

e) Where the Community intends to con-clude a preferential agreement withthird States it shall inform the ACPStates thereof. Consultations shalltake place where the ACP States sorequest in order to safeguard theirinterests.

ARTICLE 2

1. The Community shall not apply toimports of products originating in theACP States any quantitative restric-tions or measures having equivalenteffect.

2. Paragraph 1 shall not preclude prohib-itions or restrictions on imports,exports or goods in transit justified ongrounds of public morality, public pol-icy or public security, the protection ofhealth and life of humans, animalsand plants, the protection of nationaltreasures possessing artistic, historicor archaeological value, conservationof exhaustible natural resources ifsuch measures are made effective inconjunction with restrictions ondomestic production or consumption,or the protection of industrial andcommercial property.

3. Such prohibitions or restrictions shallin no case constitute a means of arbi-trary or unjustifiable discriminationor a disguised restriction of tradegenerally.

In cases where implementation of themeasures referred to in paragraph 2affects the interests of one or moreACP States, consultation shall be heldat the request of the latter, in accord-ance with the provisions of Article 12of this Agreement, with a view toreaching a satisfactory solution.


2. The National Paying Agent shall receiveno remuneration for its services and nointerest shall be payable by it ondeposited funds. The local accountsshall be replenished by the Commissionin the currency of one of the MemberStates or in euro, based on estimates offuture cash requirements, which shallbe made sufficiently in advance toavoid the need for pre-financing by ACPStates and to prevent delayed dis-bursements.

3. [deleted]

4. Payments shall be made by theCommission in accordance with therules laid down by the Community andthe Commission, where appropriateafter the expenditure has beencleared and authorised by theNational Authorising Officer.

5. [deleted]

6. The procedures for clearance, authori-sation and payment of expendituremust be completed within a period of90 days from the date on which thepayment becomes due. The NationalAuthorising Officer shall process anddeliver the payment authorisation tothe Head of Delegation not later than45 days before the due date.

7. Claims for delayed payments shall beborne by the ACP State or States con-cerned, and by the Commission fromits own resources, for that part of thedelay for which each Party is respon-sible in accordance with the aboveprocedures.

8. [deleted]

ANNEXE VTRADE REGIME APPLICABLEDURING THE PREPARATORY

PERIOD REFERRED TO IN ARTICLE 37 (1)

CHAPTER 1GENERAL TRADE ARRANGEMENTS

ARTICLE 1

Products originating in the ACP Statesshall be imported into the Communityfree of customs duties and charges havingequivalent effect.

a) For products originating in the ACPStates:

- listed in Annexe I to the Treaty wherethey come under a common organisa-tion of the market within the meaningof Article 34 of the Treaty, or

- subject, on import into the Community,to specific rules introduced as a resultof the implementation of the commonagricultural policy,

the Community shall take the neces-sary measures to ensure more favour-able treatment than that granted tothird countries benefiting from themost-favoured-nation clause for thesame products.

b) If, during the application of thisAnnexe, the ACP States request thatnew lines of agricultural production oragricultural products which are notthe subject of specific arrangementswhen this Annexe enters into forceshould benefit from such arrange-ments, the Community shall examinethese requests in consultation withthe ACP States.

c) Notwithstanding the above, theCommunity shall, in the context of the


as to cause or threaten to cause ser-ious injury to its domestic producers oflike or directly competitive products orserious disturbances in any sector ofthe economy or difficulties which couldbring about serious deterioration in theeconomic situation of a region, theCommunity may take appropriatemeasures under the conditions and inaccordance with the procedures laiddown in Article 9.

2. The Community undertakes not to useother means for protectionism pur-poses or to hamper structural develop-ment. The Community will refrain fromusing safeguard measures having thesame effect.

3. Safeguard measures shall be restrict-ed to those which would least disturbtrade between the ContractingParties in implementing the object-ives of this Agreement and must notexceed the scope of what is strictlynecessary to remedy the difficultiesthat have arisen.

4. When applied, safeguard measuresshall take into account the existinglevel of the ACP exports concerned tothe Community and their potential fordevelopment. Particular attention shallbe paid to the interests of the least-developed, landlocked and island ACPStates.

ARTICLE 9

1. Prior consultation shall take placeconcerning the application of thesafeguard clause, both when suchmeasures are first adopted and whenthey are extended. The Communityshall provide the ACP States with all theinformation required for suchconsultations and shall provide thedata from which to determine to whatextent imports from an ACP State of aspecific product have caused theeffects referred to in Article 8(1).

2. Where consultations have taken place,safeguard measures, or arrangementsjointly agreed upon by the ACP Statesconcerned and the Community, shallenter into force thereafter.

3. However, the prior consultations pro-vided for in paragraphs 1 and 2 shall notprevent any immediate decisions whichthe Community, in accordance withArticle 8(1), might take where specialfactors have necessitated such deci-sions.

4. In order to facilitate the examination offactors that may cause market disturb-ances, a mechanism shall be institutedfor the statistical surveillance of certainACP exports to the Community.

5. The Parties undertake to hold regularconsultations with a view to finding sat-isfactory solutions to problems whichmight result from the application of thesafeguard clause.

6. The prior consultations as well as theregular consultations and the surveil-lance mechanism referred to in para-graphs 1 to 5 shall be implemented inaccordance with Protocol 2 annexedhereto.

ARTICLE 10

The Council of Ministers shall, at therequest of any Party concerned, considerthe economic and social effects of theapplication of the safeguard clause.

ARTICLE 11

When safeguard measures are beingtaken, modified or removed, particularattention shall be paid to the interestsof the least-developed, landlocked andisland ACP States.


ARTICLE 3

1. Where new measures or measures stip-ulated in programmes adopted by theCommunity for the approximation oflaws and regulations in order to facili-tate the movement of goods are likelyto affect the interests of one or moreACP States, the Community shall, priorto adopting such measures, inform theACP States thereof through the Councilof Ministers.

2. In order to enable the Community totake into consideration the interests ofthe ACP State concerned, consultationsshall be held at the request of the latterin accordance with the provisions ofArticle 12 of this Agreement, with a viewto reaching a satisfactory solution.

ARTICLE 4

1. Where existing Community rules or reg-ulations adopted in order to facilitatethe movement of goods affect the inter-ests of one or more ACP States orwhere these interests are affected bythe interpretation, application oradministration of such rules or regula-tions, consultations shall be held at therequest of the ACP States concernedwith a view to reaching a satisfactorysolution.

2. With a view to finding a satisfactorysolution, the ACP States may alsobring up within the Council ofMinisters any other problems relatingto the movement of goods whichmight result from measures taken orenvisaged by the Member States.

3. The relevant institutions of theCommunity shall, to the greatest pos-sible extent, inform the Council ofMinisters of such measures in order toensure effective consultations.

ARTICLE 5

1. The ACP States shall not be required toassume, in respect of imports of products

originating in the Community, obligationscorresponding to the commitmententered into by the Community under thisAnnexe in respect of imports of the prod-ucts originating in the ACP States

a) In their trade with the Community, theACP States shall not discriminateamong the Member States and shallgrant to the Community treatment noless favourable than most-favourednation treatment.

b) The most-favoured-nation treatmentreferred to in subparagraph (a) shallnot apply in respect of trade or eco-nomic relations between ACP States orbetween one or more ACP States andother developing countries.

ARTICLE 6

Each Party shall communicate its customstariff to the Council of Ministers withinthree months of the entry into force of thisAnnexe. Each Party shall also communi-cate any subsequent amendments to itstariff as and when they come into force.

ARTICLE 7

1. The concept of "originating products"for the purposes of implementing thisAnnexe, and the methods of admini-strative cooperation relating thereto, aredefined in Protocol 1 annexed hereto.

2. The Council of Ministers may adopt anyamendment to Protocol 1.

3. Where the concept of "originatingproducts" has not yet been defined fora given product pursuant to para-graphs 1 or 2, each Contracting Partyshall continue to apply its own rules.

ARTICLE 8

1. Where any product is being importedinto the Community in such increasedquantities and under such conditions


ARTICLE 14

The special undertaking on beef and veal,defined in Protocol 4 annexed hereto shallapply.

CHAPTER 3FINAL PROVISIONS

ARTICLE 15

The Protocols attached to this Annexeshall form an integral part thereof.


ARTICLE 12

In order to ensure the effective implemen-tation of this Annexe, the Parties agree toinform and consult each other.

In addition to the cases for which consul-tations are specifically provided for inArticles 2 to 9 of this Annexe, consulta-tions shall also take place, at the requestof the Community or the ACP States, andin accordance with the conditions provid-ed for in the procedural rules in Article 12of this Agreement, particularly in the fol-lowing cases:

1) where Parties intend to take any trademeasures affecting the interests of oneor more Parties under this Annexe,they shall inform the Council ofMinisters thereof. Consultations shalltake place, where the Parties con-cerned so request, in order to takeaccount of their respective interests;

2) if, during the application of thisAnnexe, the ACP States consider thatagricultural products covered byArtic1e 1(2)(a) other than those subjectto special treatment should benefitform such treatment, consultationsmay take place within the Council ofMinisters;

3) where a Party considers that obstaclesto the movement of goods arise as aresult of the existing rules of anotherParty or the interpretation, applicationor administration thereof;

4) where the Community takes safeguardmeasures in accordance with the provi-sions of Article 8, consultations onthese measures may take place withinthe Council of Ministers, where theParties concerned so request, notablywith a view to ensuring compliance withArticle 8(3).

Such consultations must be completedwithin three months.

CHAPTER 2SPECIAL UNDERTAKING ONSUGAR AND BEEF AND VEAL

ARTICLE 13

1. In accordance with Article 25 of theACP-EEC Convention of Lomé signed on28 February 1975 and with Protocol 3annexed thereto, the Community hasundertaken for an indefinite period,notwithstanding the other provisions ofthis Annexe, to purchase and import, atguaranteed prices, specific quantitiesof cane sugar, raw or white, which ori-ginates in the ACP States producing andexporting cane sugar and which thoseStates have undertaken to deliver to it.

2. The conditions for the implementationof the aforementioned Article 25 havebeen laid down by Protocol 3 referredto in paragraph 1. The text of theProtocol is attached to this Annexe asProtocol 3.

3. Article 8 of this Annexe shall not applywithin the framework of the saidProtocol.

4. For the purpose of Article 8 of the saidProtocol the institutions establishedunder this Agreement may be used dur-ing the period of application of thisAgreement.

5. Article 8(2) of the said Protocol shallapply should this Agreement cease tobe operative.

6. The declarations contained in AnnexesXIII, XXI and XXII of the Final Act to theACP-EEC Convention of Lomé signed on28 February 1975 are reaffirmed andtheir provisions shall continue to apply.These declarations are annexed as suchto Protocol 3.

7. This Article and Protocol 3 shall not applyto relations between the ACP States andthe French overseas departments.


TABLE OF CONTENTS

ANNEXESANNEXE I to Protocol 1:Introductory notes to the list in Annexe II

ANNEXE 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 status

ANNEXE III to Protocol 1: Overseas countries and territories

ANNEXE IV to Protocol 1: Form for movement certificate

ANNEXE V to Protocol 1:Invoice declaration

ANNEXE VIA to Protocol 1: Supplier declaration for products havingpreferential origin status

ANNEXE VIB to Protocol 1: Supplier declaration for products nothaving preferential original-status

ANNEXE VII to Protocol 1:Information certificate

ANNEXE VIII to Protocol 1: Form for application for a derogation

ANNEXE IX to Protocol 1: List of working or processing conferring the character of ACP origin on a productobtained when working or processing iscarried out on textile materials originatingin developing countries referred to in Article 6(11) of this Protocol

ANNEXE X to Protocol 1: Textile products excluded from the cumulation procedure with certain devel-oping countries referred to in Article 6(11)of this Protocol

ANNEXE XI to Protocol 1: Products for which the cumulation provisions with South Africa referred to in Article 6(3) apply after 3 years fromthe provisional application of the Trade,Development and Co-operationAgreement between the EuropeanCommunity and the Republic of SouthAfrica

ANNEXE XII to Protocol 1: Products for which the cumulation provisions with South Africa referred to in Article 6(3) apply after 6 years fromthe provisional application of the Trade,Development and Co-operationAgreement between the EuropeanCommunity and the Republic of SouthAfrica

ANNEXE XIII to Protocol 1: Products to which Article 6(3) shall not be applicable

ANNEXE XIV to Protocol 1: Fishery products to which Article 6(3)shall temporarily not be applicable

ANNEXE XV to Protocol 1: Joint declaration on cumulation


TABLE OF CONTENTS

INDEXTITLE I: General Provisions

Article1. Definitions

TITLE II: Definition of the concept of"originating products"

Articles2. General requirements3. Wholly obtained products 4. Sufficiently worked or processed

products5. Insufficient working or processing

operations 6. Cumulation of origin 7. Unit of qualification 8. Accessories, spare parts and tools 9. Sets 10. Neutral elements

TITLE III: Territorial requirements

Articles11. Principle of territoriality12. Direct transport13. Exhibitions

TITLE IV: Proof of origin

Articles14. General requirements15. Procedure for the issue of a movement certificate EUR 1 16. Movement certificates EUR 1 issued

retrospectively17. Issue of a duplicate movement

certificate EUR 118. Issue of movement certificates EUR

1 on the basis of a proof of originissued or made out previously

19. Conditions for making out aninvoice declaration

20. Approved exporter21. Validity of proof of origin22. Transit procedure23. Submission of proof of origin24. Importation by instalments25. Exemptions from proof of origin26. Information procedure for

cumulation purposes27. Supporting documents28. Preservation of proof of origin and

supporting documents29. Discrepancies and formal errors30. Amounts expressed in EUR

TITLE V: Arrangements for administrative cooperation

Articles31. Mutual assistance32. Verification of proofs of origin33. Verification of suppliers’

declaration34. Dispute settlement35. Penalties36. Free zones37. Customs Cooperation Committee38. Derogations

TITLE VI: Ceuta and Melilla

Article39. Special conditions

TITLE VII: Final Provisions

Articles40. Revision of rules of origin41. Annexes42. Implementation of the Protocol


PROTOCOL 1concerning the definition of the concept

of "originating products" and methods of administrative cooperation

TITLE IIDEFINITION OF

THE CONCEPT OF “ORIGINATING

PRODUCTS”

ARTICLE 2General requirements

1. For the purpose of implementing thetrade co-operation provisions ofANNEXE V, the following products shallbe considered as originating in the ACPStates:

a) products wholly obtained in the ACPStates within the meaning of Article 3of this Protocol;

b) products obtained in the ACP Statesincorporating materials which have notbeen wholly obtained there, providedthat such materials have undergonesufficient working or processing in theACP States within the meaning ofArticle 4 of this Protocol.

2. For the purpose of implementingparagraph 1, the territories of the ACPStates shall be considered as being oneterritory.

Originating products made up of materialswholly obtained or sufficiently worked orprocessed in two or more ACP States shallbe considered as products originating inthe ACP State where the last working orprocessing took place, provided the work-ing or processing carried out there goesbeyond that referred to in Article 5 of thisProtocol.

ARTICLE 3Wholly obtained products

1. The following shall be considered aswholly obtained, in the ACP States or inthe Community, or in the overseascountries and territories defined in

Annexe III, hereafter referred to as theOCT:

a) mineral products extracted from theirsoil 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 fishingconducted there;

f ) products of sea fishing and other prod-ucts taken from the sea outside the ter-ritorial waters by their vessels;

g) products made aboard their factoryships exclusively from productsreferred to in subparagraph (f );

h) used articles collected there fit only forthe recovery of raw materials, includingused tyres fit only for retreading or foruse as waste;

i) waste and scrap resulting from manu-facturing operations conducted there;

j) products extracted from marine soil orsubsoil outside their territorial watersprovided that they have sole rights towork that soil or subsoil;

k) goods produced there exclusivelyfrom the products specified in sub-paragraphs (a) to (j).

2. The terms "their vessels" and "theirfactory ships" in paragraph 1(f ) and (g)shall apply only to vessels and factoryships:

a) which are registered or recorded in anEC Member State, in an ACP State or inan OCT;

b) which sail under the flag of an ECMember State, of an ACP State or of anOCT;

c) which are owned to an extent of at least50% by nationals of States party to the


TITLE IGENERAL

PROVISIONS

ARTICLE 1Definitions

For the purposes of this Protocol:

a) "manufacture" means any kind of work-ing or processing including assembly orspecific operations;

b) "material" means any ingredient, rawmaterial, component or part, etc., usedin the manufacture of the product;

c) "product" means the product beingmanufactured, even if it is intended forlater use in another manufacturingoperation;

d) "goods" means both materials andproducts;

e) "customs value" means the value asdetermined in accordance with the1994 Agreement on implementation ofArticle VII of the General Agreement onTariffs and Trade (WTO Agreement oncustoms valuation);

f ) "ex-works price" means the price paidfor the product ex works to the manu-facturer in whose undertaking the lastworking or processing is carried out,provided the price includes the value ofall the materials used, minus any inter-nal taxes which are, or may be, repaidwhen the product obtained is exported;

g)"value of materials" means the cus-toms value at the time of importationof the non-originating materials used,or, if this is not known and cannot beascertained, the first ascertainableprice paid for the materials in the terri-tory concerned;

h)"value of originating materials" meansthe value of such materials as definedin subparagraph (g) applied mutatismutandis;

i) "added value" shall be taken to be theex-works price minus the customs valueof third country materials imported intothe Community, the ACP States or theOverseas Countries and Territories;

j) "chapters" and "headings" mean thechapters and the headings (four-digitcodes) used in the nomenclaturewhich makes up the HarmonizedCommodity Description and CodingSystem, referred to in this Protocol as"the Harmonized System" or "HS";

k) "classified" refers to the classificationof a product or material under a partic-ular heading;

l) "consignment" means products whichare either sent simultaneously from oneexporter to one consignee or covered bya single transport document coveringtheir shipment from the exporter to theconsignee or, in the absence of such adocument, by a single invoice;

m)"territories" includes territorial waters.


ARTICLE 5Insufficient working or processing operations

1. Without prejudice to paragraph 2, thefollowing operations shall be consid-ered as insufficient working or process-ing to confer the status of originatingproducts, whether or not the require-ments of Article 4 are satisfied:

a) operations to ensure the preservation ofproducts in good condition during trans-port and storage (ventilation, spreadingout, drying, chilling, placing in salt, sul-phur dioxide or other aqueous solutions,removal of damaged parts, and like oper-ations);

b) simple operations consisting ofremoval of dust, sifting or screening,sorting, classifying, matching (includ-ing the making-up of sets of articles),washing, painting, cutting up;

c) i) changes of packaging and breakingup and assembly of packages;

ii) simple placing in bottles, flasks,bags, cases, boxes, fixing on cards orboards, etc., and all other simplepackaging operations;

d) affixing marks, labels and other likedistinguishing signs on products ortheir packaging;

e) simple mixing of products, whether ornot of different kinds, where one ormore components of the mixtures donot meet the conditions laid down inthis Protocol to enable them to be con-sidered as originating in an ACP State,in the Community or in the OCT;

f ) simple assembly of parts to constitute acomplete product;

g) a combination of two or more opera-tions specified in subparagraphs (a) to(f );

h) slaughter of animals.

2. All the operations carried out in eitherthe ACP States, the Community or theOCT on a given product shall be consid-ered together when determiningwhether the working or processingundergone by that product is to beregarded as insufficient within themeaning of paragraph 1.

ARTICLE 6Cumulation of origin

Cumulation with the OCT and the Community

1. Materials originating in the Communityor in the OCT shall be considered asmaterials originating in the ACP Stateswhen incorporated into a productobtained there. It shall not be necessarythat such materials have undergonesufficient working or processing, pro-vided they have undergone working orprocessing going beyond that referredto in Article 5.

2. Working and processing carried out inthe Community or in the OCT shall beconsidered as having been carried outin the ACP States, when the materialsundergo subsequent working or pro-cessing in the ACP States

Cumulation with South Africa

3. Subject to the provisions of paragraphs4, 5, 6, 7 and 8, materials originating inSouth Africa shall be considered as ori-ginating in the ACP States when incorpo-rated into a product obtained there. Itshall not be necessary that such mat-erials have undergone sufficient workingor processing.

4. Products which have acquired originat-ing status by virtue of paragraph 3 shallonly continue to be considered as prod-ucts originating in the ACP States whenthe value added there exceeds thevalue of the materials used originatingin South Africa. If this is not so, theproducts concerned shall be consid-ered as originating in South Africa. In


Agreement, or of an OCT, or by a com-pany with its head office in one of theseStates or OCT, of which the Chairman ofthe Board of Directors or the SupervisoryBoard, and the majority of the membersof such boards are nationals of Statesparty to the Agreement, or of an OCT,and of which, in addition, in the case ofpartnerships or limited companies, atleast half the capital belongs to thoseStates party to the Agreement or to pub-lic bodies or nationals of the said States,or of an OCT;

d) of which at least 50% of the crew, mas-ter and officers included, are nationalsof States party to the Agreement, or ofan OCT.

3. Notwithstanding the provisions ofparagraph 2, the Community shallrecognise, upon request of an ACPState, that vessels chartered orleased by the ACP State be treated as"their vessels" to undertake fisheriesactivities in its exclusive economiczone under the following conditions:

- that the ACP State offered theCommunity the opportunity to negoti-ate a fisheries agreement and theCommunity did not accept this offer;

- that at least 50% of the crew, masterand officers included are nationals ofStates party to the Agreement, or of anOCT;

- that the charter or lease contract hasbeen accepted by the ACP-EC CustomsCooperation Committee as providingadequate opportunities for developingthe capacity of the ACP State to fish onits own account and in particular asconferring on the ACP State theresponsibility for the nautical andcommercial management of the vesselplaced at its disposal for a significantperiod of time.

ARTICLE 4Sufficiently worked or

processed products

1. For the purposes of this Protocol, prod-ucts which are not wholly obtained areconsidered to be sufficiently worked orprocessed in the ACP States, or in theCommunity or in the OCT, when theconditions set out in the list in Annexe IIare fulfilled.

The conditions referred to above indicate,for all products covered by thisAgreement, the working or processing whichmust be carried out on non-originatingmaterials used in manufacturing andapply only in relation to such materials.Accordingly, it follows that if a product,which has acquired originating status byfulfilling the conditions set out in the list isused in the manufacture of another product,the conditions applicable to the product inwhich it is incorporated do not apply to it,and no account shall be taken of the non-originating materials which may havebeen used in its manufacture.

2. Notwithstanding paragraph 1, non-ori-ginating materials which, according tothe conditions set out in the list, shouldnot be used in the manufacture of agiven product may nevertheless beused, provided that:

a) their total value does not exceed 15%of the ex-works price of the product;

b) any of the percentages given in the listfor the maximum value of non-originat-ing materials are not exceeded throughthe application of this paragraph.

3. Paragraphs 1 and 2 shall apply exceptas provided in Article 5.


- the working or processing carried outin the ACP State exceeds the opera-tions listed in Article 5. However,products of Chapter 50 to 63 of theHarmonised System shall in additionundergo in the ACP State at leastworking or processing as a result ofwhich the product obtained is classi-fied in a heading which is differentfrom those in which the material ori-ginating in the non-ACP developingcountry used in its manufacture, areclassified. For products listed inAnnexe IX to this Protocol, only thespecific processing referred to in col-umn 3 shall apply, whether or not itinvolves a change of heading,

- the ACP States, the Community andthe other countries concerned haveconcluded an agreement on ade-quate administrative procedureswhich will ensure correct implemen-tation of this paragraph.

This paragraph shall not apply to tunaproducts classified under HarmonisedSystem Chapters 3 or 16, rice products ofHS Code 1006 or the textile products list-ed in Annexe X to this Protocol.

For the purpose of determining whetherthe products originate in the non-ACPdeveloping country, the provisions ofthis Protocol shall apply.

Unless there is a specific request byeither party for a referral of the decisionto the ACP-EC Council of Ministers, theACP-EC Customs Cooperation Committeeshall decide on the ACP requests inaccordance with Article 37.

ARTICLE 7Unit of qualification

1. The unit of qualification for the applica-tion of the provisions of this Protocolshall be the particular product which isconsidered as the basic unit when deter-mining classification using the nomen-clature of the Harmonized System.

Accordingly, it follows that:

- when a product composed of a group orassembly of articles is classified underthe terms of the Harmonized System ina single heading, the whole constitutesthe unit of qualification;

- when a consignment consists of a num-ber of identical products classified underthe same heading of the HarmonizedSystem, each product must be taken indi-vidually when applying the provisions ofthis Protocol.

2. Where, under General Rule 5 of theHarmonized System, packaging isincluded with the product for classifica-tion purposes, it shall be included forthe purposes of determining origin.

ARTICLE 8Accessories, spare parts and tools

Accessories, spare parts and tools dis-patched with a piece of equipment,machine, apparatus or vehicle, which arepart of the normal equipment and includedin the price thereof or which are not sep-arately invoiced, shall be regarded as onewith the piece of equipment, machine,apparatus or vehicle in question.

ARTICLE 9Sets

Sets, as defined in General Rule 3 of theHarmonized System, shall be regarded asoriginating whenall component productsare originating. Nevertheless, when a setis composed of originating and non-ori-ginating products, the set as a whole shallbe regarded as originating, provided thatthe valueof the non-originating productsdoes not exceed 15 per cent of the ex-works price of the set.

ARTICLE 10Neutral elements

In order to determine whether a productoriginates, it shall not be necessary to


the allocation of origin, no accountshall be taken of materials originatingin South Africa which have undergonesufficient working or processing in theACP States.

5. The cumulation provided for in para-graph 3 may only be applied after 3years for the products listed in AnnexeXI and 6 years for the products listed inAnnexe XII respectively, as from theprovisional application of theAgreement on Trade, Development andCo-operation between the EuropeanCommunity and the Republic of SouthAfrica. The cumulation provided for inparagraph 3 shall not be applicable tothe products listed in Annexe XIII.

6. Notwithstanding paragraph 5, the cumu-lation provided for in paragraph 3 maybe applied at the request of the ACPStates for the products listed in AnnexesXI and XII. The ACP-EC Committee ofAmbassadors shall decide on the ACPrequests, product per product, on thebasis of a report drawn up by the ACP-ECCustoms Co-operation Committee inaccordance with Article 37. In the exami-nation of requests, account shall betaken of the risk of the circumvention ofthe trade provisions of the Agreement onTrade, Development and Co-operationbetween the European Community andthe Republic of South Africa.

7. The cumulation provided for in para-graph 3 shall only be applicable to theproducts listed in Annexe XIV when thetariffs on these products in the frame-work of the Agreement on Trade,Development and Co-operationbetween the European Community andthe Republic of South Africa have beeneliminated. The European Commissionshall publish in the Official Journal ofthe European Communities (C series)the date on which the conditions of thisparagraph have been fulfilled.

8. The cumulation provided for in para-graph 3 may only be applied where theSouth African materials used have

acquired the status of originating prod-ucts by an application of the rules oforigin identical to those set out in thisProtocol. The ACP States shall providethe Community with details of agree-ments and their corresponding rules oforigin which have been concluded withSouth Africa. The European Commissionshall publish in the Official Journal of theEuropea Communities (C series) the dateon which the ACP States have met theobligations laid down in this paragraph.

9. Without prejudice to paragraphs 5 and 7,working and processing carried out inSouth Africa shall be considered as hav-ing been carried out in an other MemberState of the South African CustomsUnion (SACU) when the materials under-go subsequent working or processing inthat other Member State of SACU.

10. Without prejudice to paragraphs 5 and7 and at the request of the ACP States,working and processing carried out inSouth Africa, shall be considered ashaving been carried out in the ACPStates, when the materials undergosubsequent working or processing in anACP State within the context of a region-al economic integration agreement.

Unless there is a specific request by eitherparty for a referral of the decision to theACP-EC Council of Ministers, the ACP-ECCustoms Cooperation Committee shalldecide on the ACP requests in accordancewith Article 37.

Cumulation with neighbouring developing countries

11. At the request of the ACP States,materials originating in a neighbour-ing developing country, other than anACP State, belonging to a coherentgeographical entity, shall be consid-ered as materials originating in theACP States when incorporated into aproduct obtained there. It shall not benecessary that such materials haveundergone sufficient working or pro-cessing, provided that :


ARTICLE 13Exhibitions

1. Originating products, sent from an ACPState for exhibition in a country otherthan those referred to in Article 6 andsold after the exhibition for importationinto the Community shall benefit onimportation from the provisions ofANNEXE V provided it is shown to thesatisfaction of the customs authoritiesthat:

a) an exporter has consigned these prod-ucts from an ACP State to the country inwhich the exhibition is held and hasexhibited them there;

b) the products have been sold or other-wise disposed of by that exporter to aperson in the Community;

c) the products have been consigned dur-ing the exhibition or immediately there-after in the state in which they weresent for exhibition; and

d) the products have not, since they wereconsigned for exhibition, been used forany purpose other than demonstrationat the exhibition.

2. A proof of origin must be issued or madeout in accordance with the provisions ofTitle IV and submitted to the customsauthorities of the importing country inthe normal manner. The name andaddress of the exhibition must beindicated thereon. Where necessary,additional documentary evidence of theconditions under which they have beenexhibited may be required.

3. Paragraph 1 shall apply to any trade,industrial, agricultural or crafts exhibi-tion, fair or similar public show or dis-play which is not organized for privatepurposes in shops or business premi-ses with a view to the sale of foreignproducts, and during which the prod-ucts remain under customs control.

TITLE IVPROOF OF ORIGIN

ARTICLE 14General requirements

1. Products originating in the ACP Statesshall, on importation into the Communitybenefit from ANNEXE V upon submissionof either:

a) a movement certificate EUR.1, a speci-men of which appears in Annexe IV; or

b) in the cases specified in Article 19(1), adeclaration, the text of which appears inAnnexe V to this Protocol, given by theexporter on an invoice, a delivery note orany other commercial document whichdescribes the products concerned in suf-ficient detail to enable them to be iden-tified (hereinafter referred to as the"invoice declaration").

2. Notwithstanding paragraph 1, originat-ing products within the meaning of thisProtocol shall in the cases specifiedin Article 25, benefit from ANNEXE Vwithout it being necessary to submitany of the documents referred toabove.


determine the origin of the followingwhich 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 whichare not intended to enter into the finalcomposition of the product.

TITLE IIITERRITORIAL

REQUIREMENTS

ARTICLE 11Principle of territoriality

1. The conditions set out in Title II relativeto the acquisition of originating statusmust be fulfilled without interruption inthe ACP States, except as provided for inArticle 6.

2. If originating goods exported from theACP States, the Community or the OCT toanother country are returned, exceptinsofar as provided for in Article 6, theymust be considered as non-originating,unless it can be demonstrated to the sat-isfaction of the customs authorities that:

a) the goods returned are the same goodsas those exported; and

b) they have not undergone any operationbeyond that necessary to preserve themin good condition while in that country orwhile being exported.

ARTICLE 12Direct transport

1. The preferential treatment provided forunder the trade co-operation provi-

sions of ANNEXE V applies only to prod-ucts, satisfying the requirements of thisProtocol, which are transported directlybetween the territory of the ACP States,of the Community, of the OCT or of SouthAfrica for the purposes of Article 6 with-out entering any other territory.However, products constituting one sin-gle consignment may be transportedthrough other territories with, shouldthe occasion arise, transshipment ortemporary warehousing in such terri-tories, provided that they remain underthe surveillance of the customs authori-ties in the country of transit or ware-housing and do not undergo operationsother than unloading, reloading or anyoperation designed to preserve them ingood condition.

Originating products may be transport-ed by pipeline across territory otherthan that of an ACP State, of theCommunity or of an OCT.

2. Evidence that the conditions set out inparagraph 1 have been fulfilled shall besupplied to the customs authorities ofthe importing country by the produc-tion of:

a) a single transport document coveringthe passage from the exporting countrythrough the country of transit; or

b) a certificate issued by the customsauthorities of the country of transit:

i) giving an exact description of theproducts;

ii) stating the dates of unloading andreloading of the products and, whereapplicable, the names of the ships, orthe other means of transport used;and

iii) certifying the conditions under whichthe products remained in the transitcountry; or

c) failing these, any substantiating docu-ments.


cation agrees with that in the corre-sponding file.

4. Movement certificates EUR.1 issued retrospectively must be endorsed withone of the following phrases:

“NACHTRÄGLICH AUSGESTELLT”, “DÉLIVRÉ A POSTERIORI”,“RILASCIATO A POSTERIORI”, “AFGEGEVEN A POSTERIORI”, “ISSUED RETROSPECTIVELY”, “UDSTEDT EFTERFØLGENDE”, “ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ”,“EXPEDIDO A POSTERIORI”, “EMITIDO A POSTERIORI”, “ANNETTU JÄLKIKÄTEEN”,“UTFÄRDAT I EFTERHAND”.

5. The endorsement referred to in para-graph 4 shall be inserted in the"Remarks" box of the movement cer-tificate EUR.1.

ARTICLE 17Issue of a duplicate movement

certificate EUR.1

1. In the event of theft, loss or destructionof a movement certificate EUR.1, theexporter may apply to the customsauthorities which issued it for a dupli-cate made out on the basis of the exportdocuments in their possession.

2. The duplicate issued in this way mustbe endorsed with one of the followingwords:

“DUPLIKAT”, “DUPLICATA”, “DUPLICATO”,“DUPLICAAT”, “DUPLICATE”, “ΛΝΤΙΓΡΑΦΟ”, “DUPLICADO”,”SEGUNDA VIA”, “KAKSOISKAPPALE”

3. The endorsement referred to in para-graph 2 shall be inserted in the"Remarks" box of the duplicate move-ment certificate EUR.1.

4. The duplicate, which must bear the dateof issue of the original movement certifi-cate EUR.1, shall take effect as from thatdate.

ARTICLE 18Issue of movement certificates EUR.1

on the basis of a proof of originissued or made out previously

When originating products are placedunder the control of a customs office in anACP State or in the Community, it shall bepossible to replace the original proof oforigin by one or more movement certifi-cates EUR.1 for the purpose of sending allor some of these products elsewherewithin the ACP States or within theCommunity. The replacement movementcertificate(s) EUR.1 shall be issued by thecustoms office under whose control theproducts are placed.

ARTICLE 19Conditions for making out an

invoice declaration

1. An invoice declaration as referred to inArticle 14(1)(b) may be made out:

a) by an approved exporter within themeaning of Article 20, or

b) by any exporter for any consignmentconsisting of one or more packagescontaining originating products whosetotal value does not exceed EUR 6 000.

2. An invoice declaration may be made outif the products concerned can be con-sidered as products originating in theACP States or in one of the other coun-tries referred to in Article 6 and fulfil theother requirements of this Protocol.

3. The exporter making out an invoicedeclaration shall be prepared to submitat any time, at the request of the cus-toms authorities of the exporting coun-try, all appropriate documents provingthe originating status of the productsconcerned as well as the fulfillment ofthe other requirements of this Protocol.

4. An invoice declaration shall be madeout by the exporter by typing, stampingor printing on the invoice, the deliverynote or another commercial document,


ARTICLE 15Procedure for the issue of

a movement certificate EUR.1

1. A movement certificate EUR.1 shall beissued by the customs authorities ofthe exporting country on applicationhaving been made in writing by theexporter or, under the exporter’sresponsibility, by his authorized repre-sentative.

2. For this purpose, the exporter or hisauthorized representative shall fill outboth the movement certificate EUR.1and the application form, specimens ofwhich appear in Annexe IV. These formsshall be completed in accordance withthe provisions of this Protocol. If theyare handwritten, they shall be complet-ed in ink in printed characters. Thedescription of the products must begiven in the box reserved for this pur-pose without leaving any blank lines.Where the box is not completely filled, ahorizontal line must be drawn belowthe last line of the description, theempty space being crossed through.

3. The exporter applying for the issue of amovement certificate EUR.1 shall beprepared to submit at any time, at therequest of the customs authorities ofthe exporting ACP State where themovement certificate EUR.1 is issued,all appropriate documents provingthe originating status of the productsconcerned as well as the fulfillment ofthe other requirements of this Protocol.

4. A movement certificate EUR.1 shall beissued by the customs authorities ofthe exporting ACP State if the productsconcerned can be considered as prod-ucts originating in the ACP States or inone of the other countries referred to inArticle 6 and fulfil the other require-ments of this Protocol.

5.The issuing customs authorities shalltake any steps necessary to verify theoriginating status of the products and thefulfillment of the other requirements ofthis Protocol. For this purpose, they shall

have the right to call for any evidence andto carry out any inspection of theexporter’s accounts or any other checkconsidered appropriate. The issuing cus-toms authorities shall also ensure thatthe forms referred to in paragraph 2 areduly completed. In particular, they shallcheck whether the space reserved for thedescription of the products has beencompleted in such a manner as toexclude all possibility of fraudulent addi-tions.

6. The date of issue of the movementcertificate EUR.1 shall be indicated inBox 11 of the certificate.

7. A movement certificate EUR.1 shall beissued by the customs authorities andmade available to the exporter as soonas actual exportation has been effectedor ensured.

ARTICLE 16Movement certificates EUR.1

issued retrospectively

1. Notwithstanding Article 15(7), a move-ment certificate EUR.1 may exceptional-ly be issued after exportation of theproducts to which it relates if:

a) it was not issued at the time of exporta-tion because of errors or involuntaryomissions or special circumstances; or

b) it is demonstrated to the satisfaction ofthe customs authorities that a move-ment certificate EUR.1 was issued butwas not accepted at importation fortechnical reasons.

2. For the implementation of paragraph 1,the exporter must indicate in his appli-cation the place and date of exporta-tion of the products to which the move-ment certificate EUR.1 relates, andstate the reasons for his request.

3. The customs authorities may issue amovement certificate EUR.1 retrospec-tively only after verifying that the infor-mation supplied in the exporter’s appli-


authorities in the country of transit enterthe following in box 7 of the certificateEUR.1:

- the word "transit",

- the name of the country of transit,

- the official stamp, a specimen of whichhad been made available to theCommission, in conformity with Article31,

- date of the endorsements.

ARTICLE 23Submission of proof of origin

Proofs of origin shall be submitted to thecustoms authorities of the importingcountry in accordance with the proce-dures applicable in that country. The saidauthorities may require a translation of aproof of origin and may also require theimport declaration to be accompanied bya statement from the importer to theeffect that the products meet the condi-tions required for the implementation ofANNEXE V.

ARTICLE 24Importation by installments

Where, at the request of the importer andon the conditions laid down by the cus-toms authorities of the importing country,dismantled or non-assembled productswithin the meaning of General Rule 2(a) ofthe Harmonized System falling withinSections XVI and XVII or heading Nos7308 and 9406 of the Harmonized Systemare imported by installments, a singleproof of origin for such products shall besubmitted to the customs authoritiesupon importation of the first installment.

ARTICLE 25Exemptions from proof of origin

1. Products sent as small packages fromprivate persons to private persons or

forming part of travellers" personalluggage shall be admitted asoriginating products without requiringthe submission of a proof of origin,provided that such products are notimported by way of trade and have beendeclared as meeting the requirementsof this Protocol and where there is nodoubt as to the veracity of such adeclaration. In the case of products sentby post, this declaration can be madeon the customs declaration CN22/CN23or on a sheet of paper annexed to thatdocument.

2. Imports which are occasional and con-sist solely of products for the personaluse of the recipients or travellers ortheir families shall not be considered asimports by way of trade if it is evidentfrom the nature and quantity of theproducts that no commercial purpose isin view.

3. Furthermore, the total value of theseproducts shall not exceed EUR 500 inthe case of small packages or EUR 1200 in the case of products formingpart of travellers" personal luggage.

ARTICLE 26Information procedure for

cumulation purposes

1. When Articles 2(2) and 6(1) are applied,the evidence of originating status with-in the meaning of this protocol of thematerials coming from the other ACPStates, the Community or the OCT shallbe given by a movement certificate EUR1 or by the supplier’s declaration, aspecimen of which appears in Annexe VIA to this Protocol, given by the exporterin the State or OCT from which thematerials came.

2. When Articles 2(2), 6(2) and 6(9) areapplied, the evidence of the working orprocessing carried out in the other ACPStates, the Community, the OCT orSouth Africa shall be given by the sup-plier’s declaration a specimen of which


the declaration, the text of whichappears in Annexe V to this Protocol,using one of the linguistic versions setout in that Annexe and in accordancewith the provisions of the domestic lawof the exporting country. If the declara-tion is handwritten, it shall be written inink in printed characters.

5. Invoice declarations shall bear the ori-ginal signature of the exporter in manu-script. However, an approved exporterwithin the meaning of Article 20 shallnot be required to sign such declara-tions provided that he gives the cus-toms authorities of the exporting coun-try a written undertaking that heaccepts full responsibility for anyinvoice declaration which identifies himas if it had been signed in manuscriptby him.

6. An invoice declaration may be made outby the exporter when the products towhich it relates are exported, or afterexportation on condition that it is pre-sented in the importing country nolonger than two years after the importa-tion of the products to which it relates.

ARTICLE 20Approved exporter

1. The customs authorities of the export-ing country may authorize any exporterwho makes frequent shipments of prod-ucts under the trade co-operation provi-sions of ANNEXE V to make out invoicedeclarations irrespective of the value ofthe products concerned. An exporterseeking such authorization must offerto the satisfaction of the customsauthorities all guarantees necessary toverify the originating status of the prod-ucts as well as the fulfillment of theother requirements of this Protocol.

2. The customs authorities may grant thestatus of approved exporter subject toany conditions which they considerappropriate.

3. The customs authorities shall grant tothe approved exporter a customsauthorization number which shallappear on the invoice declaration.

4. The customs authorities shall monitorthe use of the authorisation by theapproved exporter.

5. The customs authorities may withdrawthe authorization at any time. They shalldo so where the approved exporter nolonger offers the guarantees referred toin paragraph 1, does not fulfil the condi-tions referred to in paragraph 2 or other-wise makes an incorrect use of theauthorization.

ARTICLE 21Validity of proof of origin

1. A proof of origin shall be valid for tenmonths from the date of issue in theexporting country, and must be submit-ted within the said period to the cus-toms authorities of the importing country.

2. Proofs of origin which are submitted tothe customs authorities of the import-ing country after the final date for pres-entation specified in paragraph 1 maybe accepted for the purpose of applyingpreferential treatment, where the fail-ure to submit these documents bythe final date set is due to exceptionalcircumstances.

3. In other cases of belated presentation,the customs authorities of the import-ing country may accept the proofs oforigin where the products have beensubmitted before the said final date.

ARTICLE 22Transit procedure

When the products enter an ACP State orOCT other than the country of origin, a fur-ther period of validity of 4 months shallbegin on the date on which the customs


4. The customs authorities of the import-ing country shall keep for at least threeyears the movement certificates EUR.1and the invoice declarations submittedto them.

ARTICLE 29Discrepancies and formal errors

1. The discovery of slight discrepanciesbetween the statements made in theproof of origin and those made in thedocuments submitted to the customsoffice for the purpose of carrying outthe formalities for importing the prod-ucts shall not ipso facto render theproof of origin null and void if it is dulyestablished that this document doescorrespond to the products submitted.

2. Obvious formal errors such as typingerrors on a proof of origin should notcause this document to be rejected ifthese errors are not such as to createdoubts concerning the correctness ofthe statements made in this document.

ARTICLE 30Amounts expressed in euro

1. The amounts to be used in any givennational currency of a Member Stateshall be the equivalent in that nationalcurrency of the amounts expressed ineuro as at the first working day inOctober 1999.

2. The amounts expressed in euro and theirequivalents in the national currencies ofsome EC Member States may bereviewed by the Community if necessaryand shall be notified by the Communityto the Customs Cooperation Committeenot later than one month before theyshall come into force. When carrying outthis review, the Community shall ensurethat there will be no decrease in theamounts to be used in any national cur-rency and shall furthermore consider thedesirability of preserving the effects ofthe limits concerned in real terms. For

this purpose, it may decide to modify theamounts expressed in euro.

3. When the products are invoiced in thecurrency of another EC Member State,the importing country shall recognizethe amount notified by the MemberState concerned.


appears in Annexe VI B to this Protocol,given by the exporter in the State orOCT from which the materials came.

3. A separate supplier’s declaration shallbe given by the supplier for each con-signment of material on the commercialinvoice related to that shipment or in anannexe to that invoice, or on a deliverynote or other commercial documentrelated to that shipment whichdescribes the materials concerned insufficient detail to enable them to beidentified.

4. The supplier’s declaration may be madeout on a pre-printed form.

5. The suppliers’ declarations shall besigned in manuscript. However, wherethe invoice and the supplier’s declara-tion are established using electronicdata-processing methods, the sup-plier’s declaration need not be signedin manuscript provided the responsibleofficial in the supplying company isidentified to the satisfaction of the cus-toms authorities in the State where thesuppliers’ declarations are established.The said customs authorities may laydown conditions for the implementa-tion of this paragraph.

6. The supplier’s declarations are submit-ted to the competent customs office inthe exporting ACP State requested toissue the movement certificate EUR 1.

7. Suppliers’ declarations made and infor-mation certificates issued before thedate of entry into force of this Protocol inaccordance with Article 23 of Protocol 1to the Fourth ACP-EC Convention shallremain valid.

ARTICLE 27Supporting documents

The documents referred to in Articles15(3) and 19(3) used for the purpose ofproving that products covered by a move-ment certificate EUR.1 or an invoice dec-

laration can be considered as productsoriginating in an ACP State or in one ofthe other countries referred to in Article 6and fulfil the other requirements of thisProtocol may consist inter alia of the fol-lowing:

a) direct evidence of the processes carriedout by the exporter or supplier toobtain the goods concerned, containedfor example in his accounts or internalbookkeeping;

b) documents proving the originating sta-tus of materials used, issued or madeout in an ACP State or in one of theother countries referred to in Article 6where these documents are used inaccordance with domestic law;

c) documents proving the working or pro-cessing of materials in the ACP States,in the Community or in the OCT, issuedor made out in an ACP State, in theCommunity or in an OCT, where thesedocuments are used in accordance withdomestic law;

d) movement certificates EUR.1 or invoicedeclarations proving the originating sta-tus of materials used, issued or madeout in the ACP States or in one of theother countries referred to in Article 6and in accordance with this Protocol.

ARTICLE 28Preservation of proof of origin and

supporting documents

1. The exporter applying for the issue of amovement certificate EUR.1 shall keepfor at least three years the documentsreferred to in Article 15(3).

2. The exporter making out an invoicedeclaration shall keep for at least threeyears a copy of this invoice declarationas well as the documents referred to inArticle 19(3).

3. The customs authorities of the export-ing country issuing a movement certifi-cate EUR.1 shall keep for at least threeyears the application form referred to inArticle 15(2).


one of the countries referred to inArticle 6 and fulfil the other require-ments of this Protocol.

6. If in cases of reasonable doubt there isno reply within ten months of the dateof the verification request or if the replydoes not contain sufficient informationto determine the authenticity of thedocument in question or the real originof the products, the requesting cus-toms authorities shall, except in excep-tional circumstances, refuse entitle-ment to the preferences.

7. Where the verification procedure or anyother available information appears toindicate that the provisions of thisProtocol are being contravened, the ACPState on its own initiative or at the requestof the Community shall carry out appro-priate enquires or arrange for suchenquiries to be carried out with dueurgency to identify and prevent such con-traventions and for this purpose the ACPState concerned may invite the participa-tion of the Community in these enquiries.

ARTICLE 33Verification of suppliers’ declarations

1. Verification of suppliers’ declarationmay be carried out at random or when-ever the customs authorities of theimporting State have reasonable doubtsas to the authenticity of the document orthe accuracy or completeness of theinformation concerning the true origin ofthe materials in question.

2. The customs authorities to which a sup-plier’s declaration is submitted mayrequest the customs authorities of theState where the declaration was made toissue an information certificate, a speci-men of which appears in Annexe VII to thisProtocol. Alternatively, the customsauthorities to which a supplier’s declarationis submitted may request the exporterto produce an information certificateissued by the customs authorities of theState where the declaration was made.

A copy of the information certificateshall be preserved by the office whichhas issued it for at least three years.

3. The requesting customs authoritiesshall be informed of the results of theverification as soon as possible. Theresults must be such as to indicate posi-tively whether the declaration concern-ing the status of the materials is correct.

4. For the purpose of verification, sup-pliers shall keep for not less than threeyears a copy of the document contain-ing the declaration together with allnecessary evidence showing the truestatus of the materials.

5. The customs authorities in the Statewhere the supplier’s declaration isestablished shall have the right to callfor any evidence or to carry out anycheck which they consider appropriatein order to verify the correctness of anysupplier’s declaration.

6. Any movement certificate EUR.1 orinvoice declaration issued or made outon the basis of an incorrect supplier’sdeclaration shall be considered nulland void.

ARTICLE 34Dispute settlement

Where disputes arise in relation to the ver-ification procedures of Articles 32 and 33which cannot be settled between the cus-toms authorities requesting a verificationand the customs authorities responsiblefor carrying out this verification or wherethey raise a question as to the interpret-ation of this Protocol, they shall be sub-mitted to the Customs CooperationCommittee.

In all cases the settlement of disputesbetween the importer and the customsauthorities of the importing country shall beunder the legislation of the said country.


TITLE VARRANGEMENTS

FOR ADMINISTRATIVECOOPERATION

ARTICLE 31Mutual assistance

1. The ACP States shall send to theCommission specimens of the stampsused together with the addresses ofthe customs authorities competent toissue movement certificates EUR.1 andcarry out the subsequent verification ofmovement certificates EUR.1 andinvoice declarations.

Movement certificates EUR.1 and invoicedeclarations shall be accepted for thepurpose of applying preferential treat-ment from the date the information isreceived by the Commission.

The Commission shall send this infor-mation to the customs authorities ofthe Member States.

2. In order to ensure the proper applica-tion of this Protocol, the Community,the OCT, the ACP States shall assisteach other, through the competent cus-toms administrations, in checking theauthenticity of the movement certifi-cates EUR.1, the invoice declarations orsupplier’s declarations and the correct-ness of the information given in thesedocuments.

The authorities consulted shall furnishthe relevant information concerning theconditions under which the product hasbeen made, indicating especially theconditions in which the rules of originhave been respected in the various ACPStates, Member States, OCT concerned.

ARTICLE 32Verification of proofs of origin

1. Subsequent verifications of proofs oforigin shall be carried out at random orwhenever the customs authorities ofthe importing country have reasonabledoubts as to the authenticity of suchdocuments, the originating status ofthe products concerned or the fulfil-ment of the other requirements of thisProtocol.

2. For the purposes of implementing theprovisions of paragraph 1, the customsauthorities of the importing countryshall return the movement certificateEUR.1 and the invoice, if it has beensubmitted, the invoice declaration, or acopy of these documents, to thecustoms authorities of the exportingcountry giving, where appropriate, thereasons for the enquiry. Any documentsand information obtained suggestingthat the information given on the proofor origin is incorrect shall be forwardedin support of the request for verification.

3. The verification shall be carried out bythe customs authorities of the export-ing country. For this purpose, they shallhave the right to call for any evidenceand to carry out any inspection of theexporter’s accounts or any other checkconsidered appropriate.

4. If the customs authorities of the import-ing country decide to suspend thegranting of preferential treatment tothe products concerned while awaitingthe results of the verification, release ofthe products shall be offered to theimporter subject to any precautionarymeasures judged necessary.

5. The customs authorities requesting theverification shall be informed of theresults of this verification as soon aspossible. These results must indicateclearly whether the documents areauthentic and whether the productsconcerned can be considered as prod-ucts originating in the ACP States or in


information covering in particular thepoints listed below:

- description of the finished product,

- nature and quantity of materials ori-ginating in a third country,

- nature and quantity of materials ori-ginating in ACP States, the Community orthe OCT, or which have been processedthere,

- manufacturing processes,

- value added,

- number of employees in the enterpriseconcerned,

- anticipated volume of exports to theCommunity,

- other possible sources of supply for rawmaterials

- reasons for the duration requested inthe light of efforts made to find newsources of supply,

- other observations.

The same rules shall apply to any requestsfor extension.

The Committee may modify the form.

3. The examination of requests shall inparticular take into account:

a) the level of development or the geo-graphical situation of the ACP State orStates concerned;

b) cases where the application of theexisting rules of origin would signifi-cantly affect the ability of an existingindustry in an ACP State to continue itsexports to the Community, with particu-lar reference to cases where this couldlead to cessation of its activities;

c) specific cases where it can be clearlydemonstrated that significant invest-ment in an industry could be deterredby the rules of origin and where a dero-gation favouring the realisation of theinvestment programme would enablethese rules to be satisfied by stages.

4. In every case an examination shall bemade to ascertain whether the rulesrelating to cumulation of origin do notprovide a solution to the problem.

5. In addition when a request for deroga-tion concerns a least-developed or anisland ACP its examination shall be car-ried out with a favourable bias havingparticular regard to:

a) the economic and social impact of thedecision to be taken especially inrespect of employment;

b) the need to apply the derogation for aperiod taking into account the particu-lar situation of the ACP State concernedand its difficulties.

6. In the examination of requests, specialaccount shall be taken, case by case, ofthe possibility of conferring originatingstatus on products which include intheir composition materials originatingin neighbouring developing countries,least-developed countries or develop-ing countries with which one or moreACP States have special relations, pro-vided that satisfactory administrativecooperation can be established.

7. Without prejudice to paragraphs 1 to 6,the derogation shall be granted wherethe value added to the non-originatingproducts used in the ACP State orStates concerned is at least 45% of thevalue of the finished product, providedthat the derogation is not such as tocause serious injury to an economicsector of the Community or of one ormore Member States.


ARTICLE 35Penalties

Penalties shall be imposed on any personwho draws up, or causes to be drawn up,a document which contains incorrectinformation for the purpose of obtaining apreferential treatment for products.

ARTICLE 36Free zones

1. The ACP States shall take all necessarysteps to ensure that products tradedunder cover of a proof of origin or asupplier’s declaration and which in thecourse of transport use a free zonesituated in their territory, are not sub-stituted by other goods and do notundergo handling other than normaloperations designed to prevent theirdeterioration.

2. By means of an exemption to the provi-sions contained in paragraph 1, whenoriginating products are imported intoa free zone under cover of a proof of ori-gin and undergo treatment or process-ing, the authorities concerned shallissue a new EUR.1 certificate at theexporter’s request, if the treatment orprocessing undergone is in conformitywith the provisions of this Protocol.

ARTICLE 37Customs Cooperation Committee

1. A Customs Cooperation Committee, here-inafter referred to as "the Committee",shall be set up and charged with carry-ing out administrative cooperation witha view to the correct and uniform appli-cation of this Protocol and with carryingout any other task in the customs fieldwhich may be entrusted to it.

2. The Committee shall examine regularlythe effect on the ACP States and in par-ticular on the least developed ACPStates of application of the rules of ori-gin and shall recommend to the Councilof Ministers appropriate measures.

3. The Committee shall take decisions oncumulation under the conditions laiddown in Article 6.

4. The Committee shall take decisions onderogations from this Protocol, underthe conditions laid down in Article 38.

5. The Committee shall meet regularly, inparticular to prepare the decisions ofthe Council of Ministers pursuant toArticle 40.

6. The Committee shall be composed onthe one hand of experts from theMember States and of Commission offi-cials responsible for customs questions,and on the other hand of experts repre-senting the ACP States and of officials ofregional groupings of the ACP Stateswho are responsible for customs ques-tions. The Committee may call uponappropriate expertise where necessary.

ARTICLE 38Derogations

1. Derogations from this Protocol may beadopted by the Committee where thedevelopment of existing industries orthe creation of new industries justifiesthem.

The ACP State or States concerned shall,either before or when the ACP Statessubmit the matter to the Committee,notify the Community of its request for aderogation together with the reasons forthe request in accordance with para-graph 2.

The Community shall respond positive-ly to all the ACP requests which are dulyjustified in conformity with this Articleand which cannot cause serious injuryto an established Community industry.

2. In order to facilitate the examination bythe Committee of requests for deroga-tion, the ACP State making the requestshall, by means of the form given inAnnexe VIII to this Protocol, furnish insupport of its request the fullest possible


TITLE VIIFINAL PROVISIONS

ARTICLE 40Revision of rules of origin

In accordance with Article 7 of ANNEXE V,the Council of Ministers shall examineannually, or whenever the ACP States or theCommunity so request, the application ofthe provisions of this Protocol and theireconomic effects with a view to making anynecessary amendments or adaptations.

The Council of Ministers shall take intoaccount among other elements the effectson the rules of origin of technologicaldevelopments.

The decisions taken shall be implementedas soon as possible.

ARTICLE 41Annexes

The Annexes to this Protocol shall form anintegral part thereof.

ARTICLE 42Implementation of the Protocol

The Community and the ACP States shalleach take the steps necessary to imple-ment this Protocol.


8. Notwithstanding paragraphs 1 to 7,derogations concerning canned tunaand tuna loins shall only be grantedwithin an annual quota of 8 000 tonnesfor canned tuna and within an annualquota of 2 000 tonnes for tuna loins.

Applications for such derogations shallbe submitted by the ACP States inaccordance with the abovementionedquota to the Committee, which shallgrant them automatically and put theminto force by means of a decision.

9. The Committee shall take steps neces-sary to ensure that a decision isreached as quickly as possible and inany case not later than seventy-fiveworking days after the request isreceived by the EC Co-chairman of theCommittee. If the Community does notinform the ACP States of its position onthe request within this period, therequest shall be deemed to have beenaccepted. In the event of a decision notbeing taken by the Committee, theCommittee of Ambassadors shall becalled upon to decide within one monthof the date on which the matter isreferred to it.

10. a)The derogation shall be valid for a period,

generally of five years, to be determinedby the Committee.

b) The derogation decision may providefor renewals without a new decision ofthe Committee being necessary, provid-ed that the ACP State or States con-cerned submit, three months beforethe end of each period, proof that theyare still unable to meet the conditionsof this Protocol which have been dero-gated from.

If any objection is made to the exten-sion, the Committee shall examine it assoon as possible and decide whether toprolong the derogation. The Committeeshall proceed as provided for in para-graph 9. All necessary measures shallbe taken to avoid interruptions in theapplication of the derogation.

c) In the periods referred to in subpara-graphs (a) and (b), the Committee mayreview the terms for implementing thederogation should a significant changebe found to have taken place in the sub-stantive factors governing the decision togrant the derogation. On conclusion of itsreview the Committee may decide toamend the terms of its decision asregards the scope of derogation or anyother condition previously laid down.

TITLE VICEUTA AND MELILLA

ARTICLE 39Special conditions

1. The term "Community" used in thisProtocol shall not cover Ceuta andMelilla. The term "products originatingin the Community" shall not coverproducts originating in Ceuta andMelilla.

2.The provisions of this Protocol shallapply mutatis mutandis in determiningwhether products may be deemed asoriginating in the ACP States whenimported into Ceuta and Melilla.

3.Where products wholly obtained in Ceuta,Melilla, the OCT or the Community under-go working and processing in the ACPStates, they shall be considered as havingbeen wholly obtained in the ACP States.

4. Working or processing carried out inCeuta, Melilla, the OCT or the Communityshall be considered as having been car-ried out in the ACP States, when mater-ials undergo further working or process-ing in the ACP States.

5. For the purpose of implementing para-graphs 3 and 4, the insufficient opera-tions listed in Article 5 shall not be con-sidered as working or processing.

6. Ceuta and Melilla shall be consideredas a single territory.


3. Without prejudice to Note 3.2 where arule states that "materials of any head-ing" may be used, materials of the sameheading as the product may also beused, subject, however, to any specificlimitations which may also be containedin the rule. However, the expression"manufacture from materials of anyheading, including other materials ofheading No ..." means that only mater-ials classified in the same heading as theproduct of a different description thanthat of the product as given in column 2of the list may be used.

4. When a rule in the list specifies that aproduct may be manufactured from morethan one material, this means that anyone or more materials may be used. Itdoes not require that all be used.

Example:The rule for fabrics of heading Nos 5208to 5212 provides that natural fibres maybe used and that chemical materials,among other materials, may also beused. This does not mean that bothhave to be used; it is possible to useone or the other or both.

5. Where a rule in the list specifies that aproduct must be manufactured from aparticular material, the condition obvi-ously does not prevent the use of othermaterials which, because of their inher-ent nature, cannot satisfy the rule. (Seealso Note 6.3 below in relation to tex-tiles).

Example:The rule for prepared foods of headingNo 1904 which specifically excludes theuse of cereals and their derivativesdoes not prevent the use of mineralsalts, chemicals and other additiveswhich are not products from cereals.

However, this does not apply to productswhich, although they cannot be manu-factured from the particular materialsspecified in the list, can be producedfrom a material of the same nature at anearlier stage of manufacture.

Example:In the case of an article of apparel of exChapter 62 made from non-woven mater-ials, if the use of only non-originatingyarn is allowed for this class of article, itis not possible to start from non-wovencloth – even if non-woven cloths cannotnormally be made from yarn. In suchcases, the starting material would nor-mally be at the stage before yarn – thatis the fibre stage.

6. Where, in a rule in the list, two percent-ages are given for the maximum value ofnon-originating materials that can beused, then these percentages may notbe added together. In other words, themaximum value of all the non-originatingmaterials used may never exceed thehighest of the percentages given.Furthermore, the individual percent-ages must not be exceeded in relationto the particular materials they apply to.

Note 4:1. The term "natural fibres" is used in the

list to refer to fibres other than artificialor synthetic fibres. It is restricted to thestages before spinning takes place,including waste, and, unless otherwisespecified, includes fibres that havebeen carded, combed or otherwiseprocessed but not spun.

2. The term "natural fibres" includeshorsehair of heading No 0503, silk ofheading Nos 5002 and 5003 as well asthe wool fibres, fine or coarse animalhair of heading Nos 5101 to 5105, thecotton fibres of heading Nos 5201 to5203 and the other vegetable fibres ofheading Nos 5301 to 5305.

3. The terms "textile pulp", "chemicalmaterials" and "paper-making mater-ials" are used in the list to describe thematerials not classified in Chapters 50 to63, which can be used to manufactureartificial, synthetic or paper fibres oryarns.


ANNEXE I TO PROTOCOL 1

Introductory notes to the list

in Annexe II

Note 1:The list sets out the conditions requiredfor all products to be considered as suffi-ciently worked or processed within themeaning of Article 4 of the Protocol.

Note 2:1. first two columns in the list describe

the product obtained. The first columngives the heading number or chapternumber used in the HarmonizedSystem and the second column givesthe description of goods used in thatsystem for that heading or chapter. Foreach entry in the first two columns arule is specified in columns 3 or 4.Where, in some cases, the entry in thefirst column is preceded by an "ex",this signifies that the rules in columns3 or 4 apply only to the part of thatheading as described in column 2.

2. Where several heading numbers aregrouped together in column 1 or a chap-ter number is given and the descriptionof products in column 2 is thereforegiven in general terms, the adjacentrules in columns 3 or 4 apply to allproducts which, under the HarmonizedSystem, are classified in headings ofthe chapter or in any of the headingsgrouped together in column 1.

3. Where there are different rules in thelist applying to different products with-in a heading, each indent contains thedescription of that part of the headingcovered by the adjacent rules incolumns 3 or 4.

4. Where, for an entry in the first twocolumns, a rule is specified in both

columns 3 and 4, the exporter may opt,as an alternative, to apply either therule set out in column 3 or that set outin column 4. If no origin rule is given incolumn 4, the rule set out in column 3has to be applied.

Note 3:1.The provisions of Article 4 of the

Protocol concerning products havingacquired originating status which areused in the manufacture of other prod-ucts apply regardless of whether thisstatus has been acquired inside the fac-tory where these products are used orin another factory in the Community orin the ACP States.

Example:An engine of heading No 8407, for whichthe rule states that the value of the non-originating materials which may beincorporated may not exceed 40 per centof the ex-works price, is made from"other alloy steel roughly shaped byforging" of heading No ex 7224.

If this forging has been forged in theCommunity from a non-originating ingot, ithas already acquired originating status byvirtue of the rule for heading No ex 7224 inthe list. The forging can then count as ori-ginating in the value calculation for theengine regardless of whether it was pro-duced in the same factory or in anotherfactory in the Community. The value of thenon-originating ingot is thus not takeninto account when adding up the value ofthe non-originating materials used.

2. The rule in the list represents the mini-mum amount of working or processingrequired and the carrying out of moreworking or processing also confers ori-ginating status; conversely, the carryingout of less working or processing cannotconfer originating status. Thus if a ruleprovides that non-originating material ata certain level of manufacture may beused, the use of such material at an ear-lier stage of manufacture is allowed andthe use of such material at a later stageis not.


Example:Tufted textile fabric of heading No 5802made from cotton yarn of headingNo 5205 and cotton fabric of headingNo 5210 is only a mixed product if thecotton fabric is itself a mixed fabricbeing made from yarns classified in twoseparate headings or if the cotton yarnsused are themselves mixtures.

Example:If the tufted textile fabric concerned hadbeen made from cotton yarn of headingNo 5205 and synthetic fabric of headingNo 5407, then, obviously, the yarnsused are two separate basic textilematerials and the tufted textile fabric isaccordingly a mixed product.

3. In the case of products incorporating"yarn made of polyurethane segment-ed with flexible segments of polyetherwhether or not gimped" this toleranceis 20% in respect of this yarn.

4. In the case of products incorporating"strip consisting of a core of aluminiumfoil or of a core of plastic film whetheror not coated with aluminium powder,of a width not exceeding 5 mm, sand-wiched by means of an adhesivebetween two layers of plastic film", thistolerance is 30% in respect of this strip.

Note 6:1. In the case of those textile products,

which are marked in the list by a foot-note referring to this Introductory Note,textile trimmings and accessorieswhich do not satisfy the rule set out inthe list in column 3 for the made upproducts concerned may be used pro-vided that their weight does not exceed10% of the total weight of all the textilematerials incorporated.

Textile trimmings and accessories arethose classified in Chapters 50 to 63.Linings and interlinings are not beregarded as trimmings or accessories.

2. Any non-textile trimmings and acces-sories or other materials used which

contain textiles do not have to satisfythe conditions set out in column 3 eventhough they fall outside the scope ofNote 3.5.

3. In accordance with Note 3.5, any non-originating non-textile trimmings andaccessories or other product, which donot contain any textiles, may, anyway,be used freely where they cannot bemade from the materials listed in col-umn 3.

- For example,(1) if a rule in the list saysthat for a particular textile item, suchas a blouse, yarn must be used, thisdoes not prevent the use of metalitems, such as buttons, because theycannot be made from textile materials.

4. Where a percentage rule applies, thevalue of trimmings and accessoriesmust be taken into account when calcu-lating the value of the non-originatingmaterials incorporated.

Note 7:1. For the purposes of heading Nos ex

2707, 2713 to 2715, ex 2901, ex 2902and ex 3403, the "specific processes"are the following:

a) vacuum distillation;

b) redistillation by a very thorough frac-tionation process(2);

c) cracking;

d) reforming;

e) extraction by means of selective sol-vents;

f) the process comprising all the followingoperations: processing with concentrat-ed sulphuric acid, oleum or sulphuricanhydride; neutralization with alkalineagents; decolorization and purificationwith naturally active earth, activatedearth, activated charcoal or bauxite;

g) polymerization;


4. The term "man-made staple fibres" isused in the list to refer to synthetic orartificial filament tow, staple fibres orwaste, 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 con-ditions set out in column 3 shall not beapplied to any basic textile materials,used in the manufacture of this prod-uct, which, taken together, represent10 per cent or less of the total weight ofall the basic textile materials used.(See also Notes 5.3 and 5.4 below).

2. However, the tolerance mentioned inNote 5.1 may only be applied to mixedproducts which have been made fromtwo 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 vege-

table 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 staplefibres of polytetrafluoroethylene,

- synthetic man-made staple fibres ofpolyphenylene sulphide,

- synthetic man-made staple fibres ofpolyvinyl chloride,

- other synthetic man-made staplefibres,

- artificial man-made staple fibres of viscose,

- other artificial man-made staplefibres,

- yarn made of polyurethane segmentedwith flexible segments of polyetherwhether or not gimped,

- yarn made of polyurethane segmentedwith flexible segments of polyesterwhether or not gimped,

- products of heading No 5605 (metal-lized yarn) incorporating strip consist-ing of a core of aluminium foil or of acore of plastic film whether or notcoated with aluminium powder, of awidth not exceeding 5 mm, sand-wiched by means of a transparent orcoloured adhesive between two layersof plastic film,

- other products of heading No 5605.

Example:A yarn of heading No 5205 made fromcotton fibres of heading No 5203 andsynthetic staple fibres of heading No 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres thatdo not satisfy the origin rules (whichrequire manufacture from chemicalmaterials or textile pulp) may be usedup to a weight of 10% of the yarn.

Example:A woollen fabric of heading No 5112made from woollen yarn of heading No5107 and synthetic yarn of staple fibresof heading No 5509 is a mixed fabric.Therefore synthetic yarn which does notsatisfy the origin rules (which requiremanufacture from chemical materials ortextile pulp) or woollen yarn that doesnot satisfy the origin rules (whichrequire manufacture from natural fibres,not carded or combed or otherwise pre-pared for spinning) or a combination ofthe two may be used provided their totalweight does not exceed 10% of theweight of the fabric.


ANNEXE II TO PROTOCOL 1

List of working or processingrequired to be carried out

on non-originating materialsin order that the productmanufactured can obtain

originating status

The products mentioned in the list maynot all be covered by this Agreement. It istherefore necessary to consult the otherparts of this Agreement.


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 fraction-ation process(1);

c) cracking;

d) reforming;

e) extraction by means of selective solvents;

f ) the process comprising all the followingoperations: processing with concentrat-ed sulphuric acid, oleum or sulphuricanhydride; neutralization with alkalineagents; decolorization and purificationwith naturally active earth, activatedearth, activated charcoal or bauxite;

g) polymerization;

h) alkylation;

i) isomerization;

j) in respect of heavy oils falling withinheading No ex 2710 only, desulphuriza-tion with hydrogen resulting in a reduc-tion of at least 85% of the sulphur con-tent of the products processed (ASTM D1266-59 T method);

k) in respect of products falling withinheading No 2710 only, deparaffining bya process other than filtering;

l) in respect of heavy oils falling withinheading No ex 2710 only, treatmentwith hydrogen at a pressure of morethan 20 bar and a temperature of morethan 250 °C with the use of a catalyst,other than to effect desulphurization,when the hydrogen constitutes anactive 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 improvecolour or stability shall not, however,be deemed to be a specific process;

m) in respect of fuel oils falling withinheading No ex 2710 only, atmosphericdistillation, on condition that less than30 per cent of these products distils, byvolume, including losses, at 300°C bythe ASTM D 86 method;

n) in respect of heavy oils other than gasoils and fuel oils falling within headingNo ex 2710 only, treatment by means ofa high-frequency electrical brush-dis-charge.

3. For the purposes of heading Nos ex2707, 2713 to 2715, ex 2901, ex 2902and ex 3403, simple operations such ascleaning, decanting, desalting, waterseparation, filtering, colouring, mark-ing, obtaining a sulphur content as aresult of mixing products with differentsulphur contents, any combination ofthese operations or like operations donot confer origin.


(1) This example is given for the purpose of explanationonly. It is not legally binding.

(2) See additional Explanatory Note 4(b) to Chapter 27of the Combined Nomenclature.

All the animals of Chapter 1 used must be whollyobtained

Manufacture in which all the materials of Chapters 1 and 2 used must be wholly obtained

Manufacture in which all the materials of Chapter 3used must be wholly obtained


Manufacture in which:- all the materials of Chapter 4 used must be wholly

obtained;- any fruit juice (except those of pineapple, lime or

grapefruit) of heading No 2009 used must alreadybe originating;

- the value of any materials of Chapter 17 useddoes not exceed 30% of the ex-works price of theproduct


Cleaning, disinfecting, sorting and straightening ofbristles and hair


obtained;- the value of all the materials used does not

exceed 50% of the ex-works price of the product


Manufacture in which:- all the fruit and nuts used must be wholly

obtained;- the value of any materials of Chapter 17 used

does not exceed 30% of the value of the ex-worksprice of the product


Manufacture from materials of any heading



2005 revised edition | 7170 | Partnership Agreement ACP-CE

Live animals

Meat and edible meat offal

Fish and crustaceans, molluscs andother aquatic invertebrates

Dairy produce; birds’ eggs; naturalhoney; edible products of animalorigin, not elsewhere specified orincluded; except for:

Buttermilk, curdled milk and cream,yoghurt, kephir and other fermentedor acidified milk and cream, whetheror not concentrated or containingadded sugar or other sweeteningmatter orflavored or containing added fruit,nuts or cocoa

Products of animal origin, notelsewhere specified or included;except for:

Prepared pigs’, hogs’ or boars’ bristlesand hair

Live trees and other plants; bulbs,roots and the like; cut flowers andornamental foliage

Edible vegetables andcertain roots and tubers

Edible fruit and nuts; peel of citrusfruits or melons

Coffee, tea, maté and spices; exceptfor:

Coffee, whether or not roasted ordecaffeinated; coffee husks and skins;coffee substitutes containing coffee inany proportion

Tea, whether or not flavoured

Mixtures of spices

Chapter 01

Chapter 02

Chapter 03

ex Chapter 04

0403

ex Chapter 05

ex 0502

Chapter 06

Chapter 07

Chapter 08

ex Chapter 09

0901

0902

ex 0910

Working or processing carried outon non-originating materials

that confers originating status(3) or (4)

Description of product

(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture in which all the materials of Chapter 10 used must be wholly obtained

Manufacture in which all the cereals, ediblevegetables, roots and tubers of heading No 0714 or fruit used must be wholly obtained

Drying and milling of leguminous vegetables ofheading No 0708


Manufacture in which the value of any materials ofheading No 1301 used may not exceed 50% of theex-works price of the product

Manufacture from non-modified mucilages andthickeners

Manufacture in which the value of all the materialsused does not exceed 50% of the ex-works price ofthe product

Manufacture in which all the materials ofChapter 14 used must be wholly obtained

Manufacture in which all the materials used areclassified within a heading other than that of theproduct

Manufacture from materials of any heading exceptthose of heading Nos 0203, 0206 or 0207 or bonesof heading No 0506

Manufacture from meat or edible offal of swine of heading No 0203 or 0206 or of meat and edibleoffal of poultry of headingNo 0207

Cereals

Products of the milling industry; malt;starches; inulin; wheat gluten; exceptfor:

Flour, meal and powder of the dried,shelled leguminous vegetables ofheading No 0713

Oil seeds and oleaginous fruits;miscellaneous grains, seeds and fruit;industrial or medicinal plants; strawand fodder

Lac; natural gums, resins, gum-resinsand oleoresins (for example, balsams)

Vegetable saps and extracts; pecticsubstances, pectinates and pectates;agar-agar and other mucilages andthickeners, whether or not modified,derived from vegetable products:

- Mucilages and thickeners, modified,derived from vegetable products

- Other

Vegetable plaiting materials;vegetable products not elsewherespecified or included

Animal or vegetable fats and oils andtheir cleavage products; preparededible fats; animals or vegetablewaxes; except for:

Pig fat (including lard) and poultry fat,other than that of heading No 0209 or1503:

- Fats from bones or waste

- Other

Fats of bovine animals, sheep orgoats, other than those of heading No 1503

Chapter 10

ex Chapter 11

ex 1106

Chapter 12

1301

1302

Chapter 14

ex Chapter 15

1501

1502


Manufacture from materials of any heading exceptthose of heading Nos 0201, 0202, 0204or 0206 or bones of heading No 0506


Manufacture from materials of any headingincluding other materials of heading No 1504


Manufacture from crude wool grease of headingNo 1505




Manufacture from other materials of headingNos. 1507 to 1515

Manufacture in which all the vegetable materialsused must be wholly obtained


obtained;- all the vegetable materials used must be wholly

obtained. However, materials of headings 1507,1508, 1511 and 1513 may be used

- Fats from bones or waste

- Other

Fats and oils and their fractions, offish or marine mammals, whether ornot refined, but not chemicallymodified:

- Solid fractions

- Other

Refined lanolin

Other animals fats and oils and theirfractions, whether or not refined, butnot chemically modified:

- Solid fractions

- Other

Vegetable oils and their fractions:

- Soya, ground nut, palm, copra, palmkernel, babassu, tung and oiticicaoil, myrtle wax and Japan wax,fractions of jojoba oil and oils fortechnical or industrial uses otherthan the manufacture of foodstuffsfor human consumption

- Solid fractions, except for that ofjojoba oil

- Other

Animal or vegetable fats and oils and their fractions, partly or whollyhydrogenated, inter-esterified, re-esterified or elaidinized, whether or not refined, but not further prepared

1504

ex 1505

1506

1507 to 1515

1516




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture in which:- all the materials of Chapters 2 and 4 used must be

wholly obtained;- all the vegetable materials used must be wholly

obtained. However, materials of headings 1507,1508, 1511 and 1513 may be used

Manufacture from animals of Chapter 1. All the materials of Chapter 3 used must be whollyobtained


Manufacture in which the value of any materials of Chapter 17 used does not exceed 30% of the ex-works price of the product



Manufacture in which all the materials used mustalready be originating


Manufacture in which:- all the materials used are classified within

a heading other than that of the product;- the value of any materials of Chapter 17 used

does not exceed 30% of the ex-works price of the product

Manufacture in which:- all the materials used reclassified within a

heading other than that of the product;- the value of any materials of Chapter 17 used

does not exceed 30% of the ex-works price of theproduct

Margarine; edible mixtures orpreparations of animal or vegetablefats or oils or of fractions of differentfats or oils of this Chapter, other thanedible fats or oils or their fractions ofheading No 1516

Preparations of meat, of fish or ofcrustaceans, mollusks or otheraquatic invertebrates

Sugars and sugar confectionery;except for:

Cane or beet sugar and chemicallypure sucrose, in solid form, flavouredor coloured

Other sugars, including chemicallypure lactose, maltose, glucose andfructose, in solid form; sugar syrupsnot containing added flavouring orcolouring matter; artificial honey,whether or not mixed with naturalhoney; caramel:

- Chemically pure maltose andfructose

- Other sugars in solid form, flavouredor coloured

- Other

Molasses resulting from the extractionor refining of sugar, flavoured orcoloured

Sugar confectionery (including whitechocolate), not containing cocoa

Cocoa and cocoa preparations

1517

Chapter 16

ex Chapter 17

ex 1701

1702

ex 1703

1704

Chapter 18


Manufacture from cereals of Chapter 10

Manufacture in which:- all the materials used are classified within a heading

other than that of the product;- the value of any materials of Chapter 17 used does

not exceed 30% of the ex-works price of theproduct

Manufacture in which all the cereals and derivatives(except durum wheat and its derivatives) used mustbe wholly obtained

Manufacture in which:- all cereals and derivatives (except durum wheat

and its derivatives) used must be wholly obtained;- all the materials of Chapters 2 and 3 used must be

wholly obtained

Manufacture from materials of any heading exceptpotato starch of heading No 1108

Manufacture:- from materials not classified within heading No

1806;- in which all the cereals and flour (except durum

wheat and its derivates and Zea indurata maize)used must be wholly obtained (1);

- in which the value of any materials of Chapter 17used does not exceed 30% of the ex-works priceof the product

Malt extract; food preparations offlour, meal, starch or malt extract, notcontaining cocoa or containing lessthan 40% by weight of cocoacalculated on a totally defatted basis,not elsewhere specified or included;food preparations of goods of headingNos. 0401 to 0404, not containingcocoa or containing less than 5% byweight of cocoa calculated on a totallydefatted basis, not elsewherespecified or included:

- Malt extract

- Other

Pasta, whether or not cooked orstuffed (with meat or othersubstances) or otherwise prepared,such as spaghetti, macaroni, noodles,lasagne, gnocchi, ravioli, cannelloni;couscous, whether or not prepared:

- Containing 20% or less by weight ofmeat, meat offal, fish, crustaceans ormolluscs

- Containing more than 20% by weightof meat, meat offal, fish, crustaceansor molluscs

Tapioca and substitutes thereforprepared from starch, in the form offlakes, grains, pearls, siftings or insimilar forms

Prepared foods obtained by theswelling or roasting of cereals orcereal products (for example, cornflakes); cereals (other than maize(corn)) in grain form or in the form offlakes or other worked grains (exceptflour and meal), pre-cooked, orotherwise prepared, not elsewherespecified or included

1901

1902

1903

1904




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture from materials of any heading exceptthose of Chapter 11

Manufacture in which all the fruit, nuts orvegetables used must be wholly obtained




Manufacture in which:- all the materials used are classified within a



Manufacture in which the value of the originatingnuts and oil seeds of heading Nos 0801, 0802 and1202 to 1207 used exceeds 60% of the ex-worksprice of the product









Bread, pastry, cakes, biscuits andother bakers’ wares, whether or notcontaining cocoa; communion wafers,empty cachets of a kind suitable forpharmaceutical use, sealing wafers,rice paper and similar products

Preparations of vegetables, fruit, nutsor other parts of plants; except for:

Yams, sweet potatoes and similaredible parts of plants containing 5%or more by weight of starch, preparedor preserved by vinegar or acetic acid

Potatoes in the form of flour, meal orflakes, prepared or preservedotherwise than by vinegar or aceticacid

Vegetables, fruit, nuts, fruit-peel andother parts of plants, preserved bysugar (drained, glacé or crystallized)

Jams, fruit jellies, marma-lades, fruitor nut purée and fruit or nut pastes,being cooked preparations, whetheror not containing added sugar orother sweetening matter

- Nuts, not containing added sugar orspirit

- Peanut butter; mixtures based oncereals; palm hearts; maize (corn)

- Other except for fruit and nutscooked otherwise than by steamingor boiling in water, not containingadded sugar, frozen

Fruit juices (including grape must) andvegetable juices, unfermented and notcontaining added spirit, whether ornot containing added sugar or othersweetening matter

Miscellaneous edible preparations;except for:

1905

ex Chapter 20

ex 2001

ex 2004 andex 2005

2006

2007

ex 2008

2009

ex Chapter 21

(1) The exception concerning the Zea indurata maize is applicable until 31.12.2002.



other than that of the product;- all the chicory used must be wholly obtained

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, mustard flour or meal orprepared mustard may be used


Manufacture from materials of any heading exceptprepared or preserved vegetables of headingNos 2002 to 2005

Manufacture in which:- all the materials used reclassified within a heading


not exceed 30% of the ex-works price of theproduct


other than that of the product;- all the grapes or any material derived from grapes

used must be wholly obtained



not exceed 30% of the ex-works price of theproduct;

- any fruit juice used (except for pineapple, limeand grapefruit juices) must already be originating

Manufacture:- using materials not classified in headings 2207

or 2208,- in which all the grapes or any materials derived

from grapes used must be wholly obtained or if allthe other materials used are already originating,arrack may be used up to a limit of 5% by volume

Extracts, essences and concentrates,of coffee, tea or maté andpreparations with a basis of theseproducts or with a basis of coffee, teaor maté; roasted chicory and otherroasted coffee substitutes, andextracts, essences and concentratesthereof

Sauces and preparations therefor;mixed condiments and mixedseasonings; mustard flour and mealand prepared mustard:

- Sauces and preparations therefor;mixed condiments and mixedseasonings

- Mustard flour and meal andprepared mustard

Soups and broths and preparationstherefor

Food preparations not else-wherespecified or included

Beverages, spirits and vinegar; except for:

Waters, including mineral waters andaerated waters, containing addedsugar or other sweetening matter orflavoured, and other non-alcoholicbeverages, not including fruit orvegetable juices of heading No 2009

Undenatured ethyl alcohol of analcoholic strength by volume of 80%vol or higher; ethyl alcohol and otherspirits, denatured, of any strength.

2101

2103

ex 2104

2106

ex Chapter 22

2202

2207




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture:- from materials not classified within heading

Nos 2207 or 2208,- in which all the grapes or any material derived

from grapes used must be wholly obtained or if allthe other materials used are already originating,arrack may be used up to a limit of 5% by volume



Manufacture in which all the maize used must bewholly obtained

Manufacture in which all the olives used must bewholly obtained

Manufacture in which:- all the cereals, sugar or molasses, meat or milk

used must already be originating;- all the materials of Chapter 3 used must be

wholly obtained


Manufacture in which at least 70% by weight of theunmanufactured tobacco or tobacco refuse ofheading No 2401 used must already be originating

Manufacture in which at least 70% by weight of theunmanufactured tobacco or tobacco refuse ofheading No 2401 used must already be originating


Enriching of the carbon content, purifying andgrinding of crude crystalline graphite

Cutting, by sawing or otherwise, of marble (even ifalready sawn) of a thickness exceeding 25 cm

Undenatured ethyl alcohol of analcoholic strength by volume of lessthan 80% vol; spirits, liqueurs andother spirituous beverages

Residues and waste from the foodindustries; prepared animal fodder;except for:

Whale meal; flours, meals and pelletsof fish or of crustaceans, molluscs orother aquatic invertebrates, unfit forhuman consumption

Residues from the manufacture of starch from maize (excludingconcentrated steeping liquors), of protein content, calculated on thedry product, exceeding 40% by weight

Oil cake and other solid residuesresulting from the extraction of olive oil, containing more than 3% of olive oil

Preparations of a kind used in animalfeeding

Tobacco and manufactured tobaccosubstitutes; except for:

Cigars, cheroots, cigarillos andcigarettes, of tobacco or of tobaccosubstitutes

Smoking tobacco

Salt; sulphur; earths and stone;plastering materials, lime and cement;except for:

Natural crystalline graphite, withenriched carbon content, purified andground

Marble, merely cut, by sawing orotherwise, into blocks or slabs of arectangular (including square) shape,of a thickness not exceeding 25 cm

2208

ex Chapter 23

ex 2301

ex 2303

ex 2306

2309

ex Chapter 24

2402

ex 2403

ex Chapter 25

ex 2504

ex 2515


Cutting, by sawing or otherwise, of stone (even if already sawn) of a thickness exceeding 25 cm

Calcinations of dolomite not calcined

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, natural magnesium carbonate(magnesite) may be used


Manufacture from asbestos concentrate

Grinding of mica or mica waste

Calcinations or grinding of earth colours



Operations of refining and/or one or more specificprocess(es)(1)orOther operations in which all the materials usedreclassified within a heading other than that of theproduct. However, materials classified within thesame heading may be used provided their valuedoes not exceed 50% of the ex-works price of theproduct

Destructive distillation of bituminous materials

Operations of refining and/or one or more specificprocess(es)(2)orOther operations in which all the materials used areclassified within a heading other than that of theproduct. However, materials classified within thesame heading may be used provided their value doesnot exceed 50% of the ex-works price of the product

Granite, porphyry, basalt, sandstoneand other monumental and buildingstone, merely cut, by sawing orotherwise, into blocks or slabs of arectangular (including square) shape,of a thickness not exceeding 25 cm

Calcined dolomite

Crushed natural magnesiumcarbonate (magnesite), inhermetically-sealed containers, andmagnesium oxide, whether or notpure, other than fused magnesia ordead-burned (sintered) magnesia

Plasters specially prepared fordentistry

Natural asbestos fibers

Mica powder

Earth colours, calcined or powdered

Ores, slag and ash

Mineral fuels, mineral oils andproducts of their distillation;bituminous substances; mineralwaxes; except for:

Oils in which the weight of thearomatic constituents exceeds that ofthe non-aromatic constituents, beingoils similar to mineral oils obtained bydistillation of high temperature coaltar, of which more than 65% byvolume distils at a temperature of upto 250 °C (including mixtures ofpetroleum spirit and benzole), for useas power or heating fuels

Crude oils obtained from bituminousminerals

Petroleum oils and oils obtained frombituminous materials, other thancrude; preparations not elsewherespecified or included, containing byweight 70% or more of petroleum oilsor of oils obtained from bituminousmaterials, these oils being the basicconstituents of the preparations

ex 2516

ex 2518

ex 2519

ex 2520

ex 2524

ex 2525

ex 2530

Chapter 26

ex Chapter 27

ex 2707

ex 2709

2710




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Operations of refining and/or one or more specificprocess(es)(1)orOther operations in which all the materials usedare classified within a heading other than that ofthe product. However, materials classified withinthe same heading may be used provided theirvalue does not exceed 50% of the ex-works price of the product





Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, materials classified within thesame heading may be used provided their value doesnot exceed 20% of the ex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Petroleum gases and other gaseoushydrocarbons

Petroleum jelly; paraffin wax,microcrystalline petroleum wax, slackwax, ozokerite, lignite wax, peat wax,other mineral waxes and similarproducts obtained by synthesis or byother processes, whether or notcoloured

Petroleum coke, petroleum bitumenand other residues of petroleum oilsor of oils obtained from bituminousmaterials

Bitumen and asphalt, natural;bituminous or oil shale and tar sands;asphaltites and asphalt crocks

Bituminous mixtures based on naturalasphalt, on natural bitumen, onpetroleum bitumen, on mineral tar oron mineral tar pitch (for example,bituminous mastics, cut-backs)

Inorganic chemicals; organic orinorganic compounds of preciousmetals, of rare-earth metals, ofradioactive elements or of isotopes;except for:

2711

2712

2713

2714

2715

ex Chapter 28

(1) For the special conditions relating to "specific processes" see Introductory Note 7.2(2) For the special conditions relating to "specific processes" see Introductory Notes 7.1 and 7.3

(1) For the special conditions relating to "specific processes" see Introductory Notes 7.1 and 7.3(2) For the special conditions relating to "specific processes" see Introductory Note 7.2


Manufacture by electrolytic or thermal treatment inwhich the value of all the materials used does notexceed 50% of the ex-works price of the product

Manufacture from sulphur dioxideManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product


Manufacture from disodium tetraboratepentahydrateManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, materials classified within thesame heading may be used provided their valuedoes not exceed 20% of the ex-works price of theproductManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Operations of refining and/or one or more specificprocess(es)(1)orOther operations in which althea materials used areclassified within a heading other than that of theproduct. However, materials classified within thesame heading may be used provided their valuedoes not exceed 50% of the ex-works price of theproduct

Operations of refining and/or one or more specificprocess(es)(1)orOther operations in which all the materials used areclassified within a heading other than that of theproduct.However, materials classified within the sameheading may be used, provided their value does notexceed 50% of the ex-works price of the product

Manufacture from materials of any heading,including other materials of heading No 2905.However, metal alcoholates of this heading may beused, provided their value does not exceed 20% ofthe ex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

"Mischmetall"

Sulphur trioxide

Aluminium sulphate

Sodium perborate

Organic chemicals; except for:

Acyclic hydrocarbons for use as poweror heating fuels

Cyclanes and cyclenes (other thanazulenes), benzene, toluene, xylenes,for use as power or heating fuels

Metal alcoholates of alcohols of thisheading and of ethanol

ex 2805

ex 2811

ex 2833

ex 2840

ex Chapter 29

ex 2901

ex 2902

ex 2905




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture from materials of any heading. However,the value of all the materials of headings Nos 2915and 2916 used may not exceed 20% of the ex-worksprice of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture from materials of any heading.However, the value of all the materials of headingNo 2909 used may not exceed 20% of the ex-worksprice of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture from materials of any headingManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture from materials of any heading. However,the value of all the materials of headings Nos 2932and 2933 used may not exceed 20% of the ex-worksprice of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture from materials of any heading.However, the value of all the materials of headingsNos 2932, 2933 and 2934 used may not exceed20% of the ex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, materials classified within thesame heading may be used provided their valuedoes not exceed 20% of the ex-works price of theproduct

Saturated acyclic monocarboxylicacids and their anhydrides, halides,peroxides and peroxyacids; theirhalogenated, sulphonated, nitrated ornitrosated derivatives

- Internal ethers and theirhalogenated, sulphonated, nitratedor nitrosated deri-vatives

- Cyclic acetals and internalhemiacetals and their halogenated,sulphonated, nitrated ornitrosatedderivatives

Heterocyclic compounds with nitrogenhetero-atom(s) only

Nucleic acids and their salts; otherheterocyclic compounds

Pharmaceutical products; except for:

Human blood; animal blood preparedfor therapeutic, prophylactic ordiagnostic uses; antisera and otherblood fractions and modifiedimmunological products, whether ornot obtained by means ofbiotechnological processes; vaccines,toxins, cultures of micro-organisms(excluding yeasts) and similarproducts:

2915

ex 2932

2933

2934

ex Chapter 30

3002

(1) For the special conditions relating to "specific processes" see Introductory Notes 7.1 and 7.3


Manufacture from materials of any heading,including other materials of heading No 3002. The materials of this description may also be used,provided their value does not exceed 20% of theex-works price of the product




Manufacture from materials of any heading,including other materials of heading No 3002.The materials of this description may also be used,

provided their value does not exceed 20% of theex-works price of the product


Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, materials of heading No 3003 or 3004 may be used provided their value, takentogether, does not exceed 20% of the ex-worksprice of the product


heading other than that of the product. However,materials of heading No 3003 or 3004 may beused provided their value, taken together, doesnot exceed 20% of the ex-works price of theproduct;

- the value of all the materials used does notexceed 50% of the ex-works price of the product

- Products consisting of two or moreconstituents which have been mixedtogether for therapeutic orprophylactic uses or unmixedproducts for these uses, put up inmeasured doses or informs orpackings for retail sale

- Other:

- human blood

- animal blood prepared fortherapeutic or prophylactic uses

- blood fractions other thanantisera, haemoglobin, bloodglobulins and serum globulins

- haemoglobin, blood globulins andserum globulins

- other

Medicaments (excluding goods ofheading No 3002, 3005 or 3006):

- Obtained from amikacin of headingNo 2941

- Other

3003 and 3004




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)



heading other than that of the product. However,materials classified within the same heading maybe used provided their value does not exceed20% of the ex-works price of the product;




Manufacture from tanning extracts of vegetableoriginManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture from materials of any heading, exceptheadings Nos 3203, 3204 and 3205. However,materials from heading No 3205 may be usedprovided their value does not exceed 20% of theex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, materials classified within thesame heading may be used provided their value doesnot exceed 20% of the ex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Fertilizers; except for:

Mineral or chemical fertilizerscontaining two or three of thefertilizing elements nitrogen,phosphorous and potassium; otherfertilizers; goods of this Chapter, intablets or similar forms or in packagesof a gross weight not exceeding 10 kg,except for:- sodium nitrate- calcium cyanamide- potassium sulphate- magnesium potassium sulphate

Tanning or dyeing extracts; tanninsand their derivatives; dyes, pigmentsand other colouring matter; paintsand varnishes; putty and othermastics; inks; except for:

Tannins and their salts, ethers, estersand other derivatives

Colour lakes; preparations asspecified in Note 3 to this Chapterbased on colour lakes(1)

Essential oils and resinoids;perfumery, cosmetic or toiletpreparations; except for:

ex Chapter 31

ex 3105

ex Chapter 32

ex 3201

3205

ex Chapter 33

(1) Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacturing of colouring preparations, provided they are not classified in another heading in Chapter 32.


Manufacture from materials of any heading,including materials of a different “group”(1) in thisheading. However, materials of the same group maybe used, provided their value does not exceed 20%of the ex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which all the materials used areclassified within a heading other than that of theproduct.However, materials classified within the sameheading may be used provided their value does notexceed 20% of the ex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Operations of refining and/or one or more specificprocess(es)(2)orOther operations in which all the materials used areclassified within a heading other than that of theproduct.However, materials classified within the sameheading may be used provided their value does notexceed 50% of the ex-works price of the product

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, materials classified within thesame heading may be used provided their valuedoes not exceed 50% of the ex-works price of theproduct

Manufacture from materials of any heading, except:- hydrogenated oils having the character of waxes

of heading No 1516;- fatty acids not chemically defined or industrial fatty

alcohols having the character of waxes of headingNo 3823;

- materials of heading No 3404However, these materials may be used providedtheir value does not exceed 20% of the ex-worksprice of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Essential oils (terpeneless or not),including concretes and absolutes;resinoids; extracted oleoresins;concentrates of essential oils in fats,infixed oils, in waxes or the like,obtained by enfleurage or maceration;terpenic by-products of thedeterpenation of essential oils;aqueous distillates and aqueoussolutions of essential oils

Soap, organic surface-active agents,washing preparations, lubricatingpreparations, artificial waxes,prepared waxes, polishing orscouringpreparations, candles andsimilar articles, modeling pastes,“dental waxes” and dentalpreparations with a basis of plaster;except for:

Lubricating preparations containingpetroleum oils or oils obtained frombituminous minerals, provided theyrepresent less than 70% by weight

Artificial waxes and prepared waxes:

- With a basis of paraffin, petroleumwaxes, waxes obtained frombituminous minerals, slack wax orscale wax

- Other

3301

ex Chapter 34

ex 3403

3404




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)


Manufacture from materials of any heading,including other materials of heading No 3505Manufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture from materials of any heading, exceptthose of heading No 1108Manufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product




Albuminoidal substances; modifiedstarches; glues; enzymes; except for:

Dextrins and other modified starches(for example, pregelatinised oresterified starches); glues based onstarches, or on dextrins or othermodified starches:

- Starch ethers and esters

- Other

Prepared enzymes not elsewherespecified or included

Explosives; pyrotechnic products;matches; pyrophoric alloys; certaincombustible preparations

Photographic or cinematographicgoods; except for:

Photographic plates and film in theflat, sensitized, unexposed, of anymaterial other than paper, paperboardor textiles; instant print film in theflat, sensitized, unexposed, whetheror not in packs:

ex Chapter 35

3505

ex 3507

Chapter 36

ex Chapter 37

3701

(1) A "group" is regarded as any part of the heading separated from the rest by a semi-colon.(2) For the special conditions relating to "specific processes" see Introductory Notes 7.1 and 7.3.


Manufacture in which all the materials used areclassified within a heading other than headingNos 3701 or 3702.However, materials from heading No 3702 may beused provided their value does not exceed 30% ofthe ex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which all the materials used areclassified within a heading other than heading No 3701 or 3702. However, materials from headingNos 3701 and 3702 may be used provided theirvalue taken together, does not exceed 20% of theex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which all the materials used areclassified within a heading other than headingNos 3701 or 3702Manufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which all the materials used areclassified within a heading other than headingNos 3701 to 3704Manufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product



Manufacture in which the value of all the materialsof heading No 3403 used does not exceed 20% ofthe ex-works price of the productManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Refining of crude tall oilManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

- Instant print film for colourphotography, in packs

- Other

Photographic film in rolls, sensitized,unexposed, of any material other thanpaper, paperboard or textiles; instantprint film in rolls, sensitized,unexposed

Photographic plates, film paper,paperboard and textiles, exposed butnot developed

Miscellaneous chemical products;except for:

- Colloidal graphite in suspension inoil and semi-colloidal graphite;carbonaceous pastes for electrodes

- Graphite in paste form, being amixture of more than 30% by weightof graphite with mineral oils

Refined tall oil

3702

3704

ex Chapter 38

ex 3801

ex 3803




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Purification by distillation or refining of raw spiritsof sulphate turpentineManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture from resin acidsManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Distillation of wood tarManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which the value of all the materialsused does not exceed 50% of the ex-works price ofthe products



Manufacture in which the value of all the materialsof heading No 3811 used doesn’t exceed 50% of theex-works price of the product


Spirits of sulphate turpentine, purified

Ester gums

Wood pitch (wood tar pitch)

Insecticides, rodenticides, fungicides,herbicides, anti-sprouting productsand plant-growth regulators,disinfectants and similar products,put-up in forms or packing for retailsale or as preparations or articles (forexample, sulphur-treated bands,wicks and candles, and fly-papers)

Finishing agents, dye carriers toaccelerate the dyeing or fixing ofdyestuffs and other products andpreparations (for example, dressingsand mordants), of a kind used in thetextile, paper, leather or likeindustries, not elsewhere specified orincluded

Pickling preparations for metalsurfaces; fluxes and other auxiliarypreparations for soldering, brazing orwelding; soldering, brazing or weldingpowders and pastes consisting ofmetal and other materials;preparations of a kind used as coresor coatings for welding electrodes orrods

Anti-knock preparations, oxidationinhibitors, gum inhibitors, viscosityimprovers, anti-corrosive preparationsand other prepared additives, formineral oils (including gasoline) or forother liquids used for the samepurposes as mineral oils:

- Prepared additives for lubricating oil,containing petroleum oils or oilsobtained from bituminous minerals

- Other

ex 3805

ex 3806

ex 3807

3808

3809

3810

3811











Prepared rubber accelerators;compound plasticizers for rubber orplastics, not elsewhere specified orincluded; anti-oxidizing preparationsand other compound stabilizers forrubber or plastics

Preparations and charges forfire-extinguishers; chargedfire-extinguishing grenades

Organic composite solvents andthinners, not elsewhere specified orincluded; prepared paint or vanishremovers

Chemical elements doped for use inelectronics, in the form of discs,wafers or similar forms; chemicalcompounds doped for use inelectronics

Hydraulic brake fluids and otherprepared liquids for hydraulictransmission, not containing orcontaining less than 70% by weight ofpetroleum oils or oils obtained frombituminous minerals

Anti-freezing preparations andprepared de-icing fluids

Diagnostic or laboratory reagents on abacking and prepared diagnostic orlaboratory reagents, whether or noton a backing, other than those ofheading No 3002 or 3006

Industrial monocarboxylic fatty acids;acid oils from refining; industrial fattyalcohols.

- Industrial monocarboxylic fattyacids, acid oils from refining

- Industrial fatty alcohols

Prepared binders for foundry mouldsor cores; chemical products andpreparations of the chemical or alliedindustries (including those consistingof mixtures of natural products), notelsewhere specified or included;residual products of the chemical orallied industries, not elsewherespecified or included:

3812

3813

3814

3818

3819

3820

3822

3823

3824




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)



Manufacture in which:- the value of all the materials used does not

exceed 50% of the ex-works price of the product;- the value of any materials of Chapter 39 used

does not exceed 20% of the ex-works price of theproduct(1)


- The following of thisheading:

Prepared binders for foundry moulds orcores based on natural resinous products

Naphthenic acids, their waterinsoluble salts and their esters

Sorbitol other than that of headingNo 2905

Petroleum sulphonates, excludingpetroleum sulphonates of alkalimetals, of ammonium or of ethanolamines; thiophenated sulphonic acidsof oils obtained from bituminousminerals, and their salts

Ion exchangers

Getters for vacuum tubes

Alkaline iron oxide for the purificationof gas

Ammoniacal gas liquorsand spentoxide producedin coal gas purification

Sulphonaphthenic acids, their waterinsoluble saltsand their esters

Fusel oil and Dippel’s oil

Mixtures of salts having different anions

Copying pastes with a basis of gelatin,whether or not on a paper or textilebacking

- Other

Plastics in primary forms, waste,parings and scrap, of plastic; exceptfor heading Nos ex 3907 and 3912 forwhich the rules are set out below:

- Addition homopolymerizationproducts in which a single monomercontributes more than 99% byweight to the total polymer content

3901 to 3915

(1) In the case of the products composed of materials classified within both heading Nos. 3901 to 3906, on the one hand, and within headingNos. 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.


Manufacture in which the value of the materials of Chapter 39 used does not exceed 20% of the ex-works price of the product(1)Manufacture in which the value of all the materialsused does not exceed 25% of the ex-works price ofthe product

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, materials classified within thesame heading may be used provided their valuedoes not exceed 50% of the ex-works price of theproduct(1)

Manufacture in which the value of any materials of Chapter 39 used does not exceed 20% of the ex-works price of the product and/or manufacturefrom polycarbonate of tetrabromo-(bisphenol A)

Manufacture in which the value of any materialsclassified in the same heading as the product doesnot exceed 20% of the ex-works price of theproduct

Manufacture in which the value of any materials of Chapter 39 used does not exceed 50% of the ex-works price of the productManufacture in which the value of all the materialsused does not exceed 25% of the ex-works price ofthe product


exceed 50% of the ex-works price of the product;- the value of any materials of Chapter 39 used

does not exceed 20% of the ex-works price of theproduct(1)


Manufacture in which the value of any materials of Chapter 39 used does not exceed 20% of the ex-works price of the product(1)Manufacture in which the value of all the materialsused does not exceed 25% of the ex-works price ofthe product

- Other

- Copolymer, made frompolycarbonate and acrylonitrile-butadiene-styrene copolymer (ABS)

- Polyester

Cellulose and its chemical derivatives,not elsewhere specified or included,in primary forms

Semi-manufactures and articles ofplastics; except for headings Nos ex3916, ex 3917, ex 3920 and ex 3921,for which the rules are set out below:

- Flat products, further worked thanonly surface-worked or cut intoforms other than rectangular(including square); other products,further worked than only surface-worked

- Other:

- Addition homopolymerizationproducts in which a singlemonomer contributes more than99% by weight to the totalpolymer content

- Other

ex 3907

3912

3916 to 3921




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)


exceed 50% of the ex-works price of the product;- the value of any materials classified within the

same heading as the product does not exceed20% of the ex-works price of the product


Manufacture from a thermoplastic partial salt,which is a copolymer of ethylene and metacrylicacid partly, neutralized with metal ions, mainly zincand sodiumManufacture in which the value of all the materialsused does not exceed 25% of the ex-works price ofthe product

Manufacture in which the value of any materialsclassified in the same heading, as the product does not exceed 20% of the ex-works price of the product

Manufacture from highly transparent polyester foilswith a thickness of less than 23 micron(1)Manufacture in which the value of all the materialsused does not exceed 25% of the ex-works price ofthe product



Lamination of sheets of natural rubber

Manufacture in which the value of all the materialsused, except natural rubber, does not exceed 50%of the ex-works price of the product

Retreading of used tyres

Manufacture from materials of any heading, exceptthose of heading Nos 4011 or 4012

Manufacture from hard rubber

Profile shapes and tubes

- Ionomer sheet or film

- Sheets of regenerated cellulose,polyamides or polyethylene

Foils of plastic, metallized

Articles of plastics

Rubber and articles thereof; exceptfor:

Laminated slabs of crepe rubber forshoes

Compounded rubber, unvulcanised, inprimary forms or in plates, sheets orstrip

Retreaded or used pneumatic tyres ofrubber; solid or cushion tyres,interchangeable tyre treads and tyreflaps, of rubber:

- Retreaded pneumatic, solid orcushion tyres, of rubber

- Other

Articles of hard rubber

ex 3916 andex 3917

ex 3920

ex 3921

3922 to 3926

ex Chapter 40

ex 4001

4005

4012

ex 4017

(1) In the case of the products composed of materials classified within both heading Nos. 3901 to 3906, on the one hand, and within headingNos. 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

(1) The following foils shall be considered as highly transparent: foils, the optical dimming of which - measured according to ASTM-D 1003-16by Gardner Hazemeter (i.e. Hazefactor) - is less than 2 percent.



Removal of wool from sheep or lambskins, withwool on

Retanning of pre-tanned leatherorManufacture in which all the materials used areclassified within a heading other than that of theproduct

Manufacture from leather of heading Nos 4104 to 4107 provided its value does not exceed 50% of the ex-works price of the product



Bleaching or dyeing, in addition to cutting andassembly of non-assembled tanned or dressedfurskins

Manufacture from non-assembled, tanned ordressed furskins

Manufacture from non-assembled tanned ordressed furskins of heading No 4302


Manufacture from wood in the rough, whether ornot stripped of its bark or merely roughed down

Planing, sanding or finger-jointing

Splicing, planing, sanding or finger-jointing

Raw hides and skins (other thanfurskins) and leather; except for:

Raw skins of sheep or lambs, withoutwool on

Leather, without hair or wool, otherthan leather of heading Nos 4108 or4109

Patent leather and patent laminatedleather; metallized leather

Articles of leather; saddlery andharness; travel goods, handbags andsimilar containers; articles of animalgut (other than silk worm gut)

Furskins and artificial fur;manufactures thereof; except for:

Tanned or dressed furskins,assembled:

- Plates, crosses and similar forms

- Other

Articles of apparel, clothingaccessories and other articles offurskin

Wood and articles of wood; woodcharcoal; except for:

Wood roughly squared

Wood sawn or chipped lengthwise,sliced or peeled, of a thicknessexceeding 6 mm, planed, sanded orfinger-jointed

Veneer sheets and sheets forplywood, of a thickness not exceeding6 mm, spliced, and other wood sawnlengthwise, sliced or peeled of athickness not exceeding 6 mm,planed, sanded or finger-jointed

ex Chapter 41

ex 4102

4104 to 4107

4109

Chapter 42

ex Chapter 43

ex 4302

4303

ex Chapter 44

ex 4403

ex 4407

ex 4408




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Sanding or finger-jointing

Beading or moulding

Beading or moulding

Manufacture from boards not cut to size

Manufacture from riven staves, not further workedthan sawn on the two principal surfaces

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, cellular wood panels, shinglesand shakes may be used

Beading or moulding

Manufacture from wood of any heading exceptdrawn wood of heading No 4409


Manufacture from cork of heading No 4501




Manufacture from papermaking materials ofChapter 47


Wood continuously shaped along anyof its edges or faces, whether or notplaned, sanded or finger-jointed:

- Sanded or finger-jointed

- Beadings and mouldings

Beadings and mouldings, includingmoulded skirting and other mouldedboards

Packing cases, boxes, crates, drumsand similar packings, of wood

Casks, barrels, vats, tubs and othercoopers’ products and parts thereof,of wood

- Builders’ joinery and carpentry ofwood

- Beadings and mouldings

Match splints; wooden pegs or pinsfor footwear

Cork and articles of cork; except for:

Articles of natural cork

Manufactures of straw, of esparto orof other plaiting materials;basketware and wickerwork

Pulp of wood or of other fibrouscellulosic material; recovered (wasteand scrap) paper or paperboard

Paper and paperboard; articles ofpaper pulp, of paper or ofpaperboard; except for:

Paper and paperboard, ruled, lined orsquared only

Carbon paper, self-copy paper andother copying or transfer papers(other than those of headingNo 4809), duplicator stencils andoffset plates, of paper, whether or notput up in boxes

ex 4409

ex 4410 toex 4413

ex 4415

ex 4416

ex 4418

ex 4421

ex Chapter 45

4503

Chapter 46

Chapter 47

ex Chapter 48

ex 4811

4816


Manufacturing in which:- all the materials used are classified within a

heading other than that of the product;- the value of all the materials used does not









Manufacture from materials not classified withinheading Nos 4909 or 4911




Manufacture from materials not classified inheading Nos 4909 or 4911


Carding or combing of silk waste

Envelopes, letter cards, plainpostcards and correspondence cards,of paper or paperboard; boxes,pouches, wallets and writingcompendiums, of paper orpaperboard, containing an assortmentof paper stationery

Toilet paper

Cartons, boxes, cases, bags and otherpacking containers, of paper,paperboard, cellulose wadding orwebs of cellulose fibers

Letter pads

Other paper, paperboard, cellulosewadding and webs of cellulose fibres,cut to size or shape

Printed books, newspapers, picturesand other products of the printingindustry; manuscripts, typescripts andplans; except for:

Printed or illustrated postcards;printed cards bearing personalgreetings, messages orannouncements, whether or notillustrated, with or without envelopesor trimmings

Calendars of any kind, printed,including calendar blocks:

- Calendars of the “perpetual” type orwith replaceable blocks mounted onbases other than paper orpaperboard

- Other

Silk; except for:

Silk waste (including cocoonsunsuitable for reeling, yarn waste andgarnetted stock), carded or combed

4817

ex 4818

ex 4819

ex 4820

ex 4823

ex Chapter 49

4909

4910

ex Chapter 50

ex 5003




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture from (1):- raw silk or silk waste carded or combed or

otherwise prepared for spinning,- other natural fibers not carded or combed or

otherwise prepared for spinning,- chemical materials or textile pulp, or- papermaking materials

Manufacture from single yarn(1)

Manufacture from(1):- coir yarn,- natural fibers,- man-made staple fibers not

carded or combed or otherwiseprepared for spinning,

- chemical materials or textile pulp, or- paper orPrinting accompanied by at least two preparatoryor finishing operations (such as scouring,bleaching, mercerizing, heat setting, raising,calendaring, shrink resistance processing,permanent finishing, decatizing, impregnating,mending and burling) where the value of theunprinted fabric used does not exceed 47.5% ofthe ex-works price of the product

Manufacture in which all thematerials used areclassifiedwithin a heading other than that of theproduct

Manufacture from(1):- raw silk or silk wastecarded or combed

orotherwise prepared forspinning,- natural fibres not carded orcombed or otherwise

prepared for spinning,- chemical materials or textile pulp, or- paper-making materials


Manufacture from(1):- coir yarn,- natural fibers,- man-made staple fibresnot carded or combed

or otherwise prepared for spinning,- chemical materials or textile pulp, or- paper

Silk yarn and yarn spun from silkwaste

Woven fabrics of silk or of silk waste:

- Incorporating rubber thread

- Other

Wool, fine or coarse animal hair;horsehair yarn and woven fabric;except for:

Yarn of wool, of fine or coarse animalhair or of horsehair

Woven fabrics of wool, of fine orcoarse animal hair or of horsehair:


- Other

5004 toex 5006

5007

ex Chapter 51

5106 to 5110

5111 to 5113

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.


orPrinting accompanied by at least two preparatoryor finishing operations (such asscouring,bleaching, mercerizing, heat setting, raising,calendering, shrink resistance processing,permanent finishing, decatizing, impregnating,mending and burling) where the value of theunprinted fabric used does not exceed 47.5% of the ex-works price of the product


Manufacture from(1):- raw silk or silk waste carded or combed or

otherwise prepared for spinning,- natural fibers not carded or combed or otherwise

prepared for spinning,- chemical materials or textile pulp, or- papermaking materials


Manufacture from(1):- coir yarn,- natural fibers,- man-made staple fibers not carded or combed

or otherwise prepared for spinning,- chemical materials or textile pulp, or- paperorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching,mercerizing, heat setting, raising, calendaring, shrinkresistance processing, permanent finishing, decatizing,impregnating, mending and burling) where the value ofthe unprinted fabric used does not exceed 47.5% ofthe ex-works price of the product


Manufacture from(1):- raw silk or silk waste carded or combed

or otherwise prepared for spinning,- natural fibers not carded or combed or otherwise


Cotton; except for:

Yarn and thread of cotton

Woven fabrics of cotton:


- Other

Other vegetable textile fibres; paperyarn and woven fabrics of paper yarn;except for:

Yarn of other vegetable textile fibers;paper yarn

Woven fabrics of other vegetabletextile fibres; woven fabrics of paperyarn:

ex Chapter 52

5204 to 5207

5208 to 5212

ex Chapter 53

5306 to 5308

5309 to 5311




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)


Manufacture from(1):- coir yarn,- natural fibers,- man-made staple fibres not carded or combed

or otherwise prepared for spinning,- chemical materials or textile pulp, or- paperorPrinting accompanied by at least two preparatoryor finishing operations (such as scouring,bleaching, mercerizing, heat setting, raising,calendaring, shrink resistance processing,permanent finishing, decatizing, impregnating,mending and burling) where the value of theunprinted fabric used does not exceed 47.5% of the ex-works price of the product


or otherwise prepared for spinning,- natural fibers not carded or combed or otherwise




or otherwise prepared for spinning,- chemical materials or textile pulp, or- paperorPrinting accompanied by at least two preparatoryor finishing operations (such as scouring,bleaching, mercerizing, heat setting, raising,calendaring, shrink resistance processing,permanent finishing, decatizing, impregnating,mending and burling) where the value of theunprinted fabric used does not exceed 47.5% of the ex-works price of the product

Manufacture from chemical materials or textile pulp


or otherwise prepared for spinning,- natural fibers not carded or combed or

otherwise prepared for spinning,- chemical materials or textile pulp, or- papermaking materials


- Other

Yarn, monofilament and thread of man-made filaments

Woven fabrics of man-made filamentyarn:


- Other

Man-made staple fibers

Yarn and sewing thread of man-madestaple fibers

5401 to 5406

5407 and 5408

5501 to 5507

5508 to 5511

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. (1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.




or otherwise prepared for spinning,- chemical materials or textile pulp, or- paperorPrinting accompanied by at least two preparatory or finishing operations (such as scouring,bleaching, mercerizing, heat setting, raising,calendaring, shrink resistance processing,permanent finishing, decatising, impregnating,mending and burling) where the value of theunprinted fabric used does not exceed 47.5% of the ex-works price of the product

Manufacture from(1):- coir yarn,- natural fibers,- chemical materials or textile pulp, or- paper making materials

Manufacture from(1):- natural fibers,- chemical materials or textile pulpHowever:- polypropylene filament of heading No 5402,- polypropylene fibers of heading No 5503 or 5506

or- polypropylene filament tow of heading No 5501,

of which the denomination in all cases of a singlefilament or fiber is less than 9 decitex may beused provided their value does not exceed 40% of the ex-works price of the product

Manufacture from(1):- natural fibers,- man-made staple fibers made from casein, or- chemical materials or textile pulp

Manufacture from rubber thread or cord, not textilecovered

Woven fabrics of man-made staplefibers:


- Other

Wadding, felt and non-woven; specialyarns; twine, cordage, ropes andcables and articles thereof; except for:

Felt, whether or not impregnated,coated, covered or laminated:

- Needleloom felt

- Other

Rubber thread and cord, textilecovered; textile yarn, and strip andthe like of heading No 5404 or 5405,impregnated, coated, covered orsheathed with rubber or plastics:

- Rubber thread and cord, textilecovered

5512 to 5516

ex Chapter 56

5602

5604




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture from(1):- natural fibers not carded or combed or otherwise

processed for spinning,- chemical materials or textile pulp, or- papermaking materials

Manufacture from(1):- natural fibers,- man-made staple fibers not carded or combed

or otherwise processed for spinning,- chemical materials or textile pulp, or- papermaking materials

Manufacture from(1):- natural fibers,- man-made staple fibers not carded or combed

or otherwise processed for spinning,- chemical materials or textile pulp, or- papermaking materials

Manufacture from(1):- natural fibers, or- chemical materials or textile pulpHowever:- polypropylene filament of heading No 5402,- polypropylene fibers of heading No 5503 or 5506

or- polypropylene filament tow of heading No 5501,

of which the denomination in all cases of a singlefilament or fiber is less than 9 decitex may beused provided their value does not exceed 40% of the ex-works price of the product

- jute fabric may be used as backing

Manufacture from(1):- natural fibers not carded or combed or otherwise

processed for spinning, or- chemical materials or textile pulp

Manufacture from(1):- coir or jute yarn,- synthetic or artificial filament yarn,- natural fibers, or- man-made staple fibres not carded or combed

or otherwise processed for spinningJute fabric may be used as backing


- Other

Metallized yarn, whether or notgimped, being textile yarn, or strip orthe like of heading No 5404 or 5405,combined with metal in the form ofthread, strip or powder or coveredwith metal

Gimped yarn, and strip and the like ofheading No 5404 or 5405, gimped(other than those of heading No 5605and gimped horsehair yarn); chenilleyarn (including flock chenille yarn;loop wale-yarn

Carpets and other textile floorcoverings:

- Of needle loom felt

- Of other felt

- Other

Special woven fabrics; tufted textilefabrics; lace; tapestries; trimmings;embroidery; except for:

- Combined with rubber thread

5605

5606

Chapter 57

ex Chapter 58



Manufacture from(1):- natural fibers,- man-made staple fibers not carded or combed or

otherwise processed for spinning, or- chemical materials or textile pulp,orPrinting accompanied by at least two preparatory or finishing operations (such as scouring,bleaching, mercerizing, heat setting, raising,calendaring, shrink resistance processing,permanent finishing, decatizing, impregnating,mending and burling) where the value of theunprinted fabric used does not exceed 47.5% of the ex-works price of the product



other than that of the product;- the value of all the materials used does not


Manufacture from yarn



Manufacture from yarnorPrinting accompanied by at least two preparatory or finishing operations (such as scouring,bleaching, mercerizing, heat setting, razing,calendaring, shrink resistance processing,permanent finishing, decatising, impregnating,mending and burling) where the value of theunprinted fabric used does not exceed 47.5% of the ex-works price of the product

- Other

Hand-woven tapestries of the typesgobelins, flanders, aubusson,beauvais and the like, and needle-worked tapestries (for example, petitpoint, cross stitch), whether or notmade up

Embroidery in the piece, in strips or inmotifs

Textile fabrics coated with gum oramylaceous substances, of a kindused for the outer covers of books orthe like; tracing cloth; preparedpainting canvas; buckram and similarstiffened textile fabrics of a kind usedformats foundations

Tyre cord fabric of high tenacity yarnof nylon or other polyamides,polyesters or viscose rayon:

- Containing not more than 90% byweight of textile materials

- Other

Textile fabrics impregnated, coated,covered or laminated with plastics,other than those of heading No 5902

5805

5810

5901

5902

5903




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture from yarn(1)



or otherwise processed for spinning, or- chemical materials or textile pulp,orPrinting accompanied by at least two preparatoryor finishing operations (such as scouring,bleaching, mercerizing, heat setting, raising,calendaring, shrink resistance processing,permanent finishing, decatizing, impregnating,mending and burling) where the value of theunprinted fabric used does not exceed 47.5% of the ex-works price of the product

Manufacture from(1):- natural fibers,- man-made staple fibres not carded or combed

or otherwise processed for spinning, or- chemical materials or textile pulp

Manufacture from chemical materials


Manufacture from yarnorPrinting accompanied by at least two preparatoryor finishing operations (such as scouring,bleaching, mercerizing, heat setting, razing,calendaring, shrink resistance processing,permanent finishing, deceiving, impregnating,mending and burling) where the value of theunprinted fabric used does not exceed 47.5% of the ex-works price of the product

Linoleum, whether or note cut toshape; floor coverings consisting of acoating or covering applied on atextile backing, whether or not cut toshape

Textile wall coverings:

- Impregnated, coated, covered orlaminated with rubber, plastics orother materials

- Other

Rubberized textile fabrics, other thanthose of heading No 5902:

- Knitted or crocheted fabrics

- Other fabrics made of syntheticfilament yarn, containing more than90% by weight of textile materials

- Other

Textile fabrics otherwise impregnated,coated or covered; painted canvasbeing theatrical scenery, studio back-cloths or the like

5904

5905

5906

5907



Manufacture from tubular knitted gas mantle fabric


Manufacture from yarn or waste fabrics or rags of heading No 6310

Manufacture from(1):- coir yarn,- the following materials:

- yarn of polytetrafluoroethylene(2),- yarn, multiple, of polyamide, coated

impregnated or covered with a phenolic resin,- yarn of synthetic textile fibres of aromatic

polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,

- monofil of polytetrafluoroethylene(2)- yarn of synthetic textile fibres of poly-p-

phenylene terephthalamide,- glass fiber yarn, coated with phenol resin

and gimped with acrylic yarn(2)- copolyester monofilaments of a polyester

and a resin of terephthalic acid and 1,4 - cyclohexanediethanol and isophthalic acid,- natural fibers,- man-made staple fibers not carded or combed






Textile wicks, woven, plaited orknitted, for lamps, stoves, lighters,candles or the like; incandescent gasmantles and tubular knitted gasmantle fabric therefor, whether or notimpregnated:

- Incandescent gas mantles,impregnated

- Other

Textile articles of a kind suitable forindustrial use:

- Polishing discs or rings other than offelt of heading No 5911

- Woven fabrics, of a kind commonlyused in papermaking or othertechnical uses, felted or not, whetheror not impregnated or coated,tubular or endless with single ormultiple warp and/or weft, or flatwoven with multiple warp and/orweft of heading No 5911

- Other

Knitted or crocheted fabrics

5908

5909 to 5911

Chapter 60




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture from yarn(1,2)



Manufacture from yarn(1,2)

Manufacture from yarn(2)orManufacture from unembroidered fabric providedthe value of the unembroidered fabric used doesnot exceed 40% of the ex-works price of theproduct (2)

Manufacture from yarn(2)orManufacture from uncoated fabric provided thevalue of the uncoated fabric used does not exceed40% of the ex-works price of the product(2)

Manufacture from unbleached single yarn(1,2)orManufacture from unembroidered fabric providedthe value of the unembroidered fabric used doesnot exceed 40% of the ex-works price of theproduct(2)

Manufacture from unbleached single yarn(1,2)orMaking up followed by printing accompanied by atleast two preparatory or finishing operations (suchas scouring, bleaching, mercerizing, heat setting,raising, calendaring, shrink resistance processing,permanent finishing, decatizing, impregnating,mending and burling) where the value of theunprinted goods of heading Nos 6213 and 6214used does not exceed 47.5% of the ex-works priceof the product

Articles of apparel and clothingaccessories, knitted or crocheted:

- Obtained by sewing together orotherwise assembling, two or morepieces of knitted or crocheted fabricwhich have been either cut to formor obtained directly to form

- Other

Articles of apparel and clothingaccessories, not knitted or crocheted;except for:

Women’s, girls’ and babies’ clothingand clothing accessories for babies,embroidered

Fire-resistant equipment of fabriccovered with foil of aluminizedpolyester

Handkerchiefs, shawls, scarves,mufflers, mantillas, veils and the like:

- Embroidered

- Other

Chapter 61

ex Chapter 62

ex 6202,ex 6204,ex 6206,ex 6209 andex 6211

ex 6210 andex 6216

6213 and 6214

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.(2) The use of this material is restricted to the manufacture of woven fabrics of a kind used in papermaking machinery.

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.(2) See Introductory Note 6.


Manufacture from yarn(1)orManufacture from unembroidered fabric providedthe value of the unembroidered fabric used does notexceed 40% of the ex-works price of the product(1)

Manufacture from yarn(1)orManufacture from uncoated fabric provided thevalue of the uncoated fabric used does not exceed40% of the ex-works price of the product(1)




Manufacture from yarn(1)


Manufacture from(2):- natural fibers, or- chemical materials or textile pulp

Manufacture from unbleached single yarn(2,3)orManufacture from unembroidered fabric (other than knitted or crocheted) provided the value ofthe unembroidered fabric used does not exceed

40% of the ex-works price of the product

Manufacture from unbleached single yarn (2,3)

Manufacture from(2):- natural fibres,- man-made staple fibres not carded or combed

orotherwise processed for spinning, or- chemical materials or textile pulp

Other made up clothing accessories;parts of garments or of clothingaccessories, other than those ofheading No 6212:

- Embroidered

- Fire-resistant equipment of fabriccovered with foil of aluminizedpolyester

- Interlinings for collars and cuffs, cutout

- Other

Other made-up textile articles; sets;worn clothing and worn textilearticles; rags; except for:

Blankets, traveling rugs, bed linenetc.; curtains etc.; other furnishingarticles:

- Of felt, of non wovens

- Other:- Embroidered

- Other

Sacks and bags, of a kind used for thepacking of goods

Tarpaulins, awnings and sunblinds;tents; sails for boats, sailboards orlandcraft; camping goods:

6217

ex Chapter 63

6301 to 6304

6305

6306




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture from(1,2):- natural fibres, or- chemical materials or textile pulp

Manufacture from unbleached single yarn(1,2)


Each item in the set must satisfy the rule, whichwould apply to it if it were not included in the set.However, non-originating articles may beincorporated provided their total value does notexceed 15% of the ex-works price of the set

Manufacture from materials of any heading exceptfor assemblies of uppers affixed to inner soles or toother sole components of heading No 6406



Manufacture from yarn or textile fibers(1)

Manufacture from yarn or textile fibers(1)




- Of non wovens

- Other

Other made-up articles, includingdress patterns

Sets consisting of woven fabric andyarn, whether or not with accessories,for making up into rugs, tapestries,embroidered tablecloths or serviettes,or similar textile articles, put up inpackings for retail sale

Footwear, gaiters and the like; exceptfor:

Parts of footwear (including upperswhether or not attached to soles otherthan outer soles); removable in-soles,heel cushions and similar articles;gaiters, leggings and similar articles,and parts thereof

Headgear and parts thereof, exceptfor:

Felt hats and other felt headgear,made from the hat bodies, hoods orplateaux of heading No 6501, whetheror not lined or trimmed

Hats and other headgear, knitted orcrocheted, or made up from lace, feltor other textile fabric, in the piece(but not in strips), whether or notlined or trimmed; hairnets of anymaterial, whether or not lined ortrimmed

Umbrellas, sun umbrellas, walkingsticks, seat-sticks, whips, riding-crops, and parts thereof; except for:

Umbrellas and sun umbrellas(including walking-stick umbrellas,garden umbrellas and similarumbrellas)

Prepared feathers and down andarticles made of feathers or of down;artificial flowers; articles of human hair

6307

6308

ex Chapter 64

6406

ex Chapter 65

6503

6505

ex Chapter 66

6601

Chapter 67

(1) See Introductory Note 6.(2) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.(3) For knitted or crocheted articles, not elastic or rubberized, obtained by sewing or assembly pieces of knitted orcrocheted fabrics (cut out or

knitted directly to shape), see Introductory Note 6.(1) See Introductory Note 6.(2) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.



Manufacture from worked slate


Manufacture from worked mica (includingagglomerated or reconstituted mica)



Manufacture from materials of heading No 7001

Manufacture from non-coated glass plate substrateof heading No 7006





Manufacture in which all the materials used areclassified within a heading other than that of theproductorCutting of glassware, provided the value of the uncut glassware does not exceed 50% of the ex-works price of the product

Articles of stone, plaster, cement,asbestos, mica or similar materials;except for:

Articles of slate or of agglomeratedslate

Articles of asbestos; articles ofmixtures with a basis of asbestos or ofmixtures with a basis of asbestos andmagnesium carbonate

Articles of mica, includingagglomerated or reconstituted mica,on a support of paper, paperboard orother materials

Ceramic products

Glass and glassware; except for:

Glass with a non-reflecting layer

Glass of heading No 7003, 7004 or7005, bent, edgeworked, engraved,drilled, enamelled or otherwiseworked, but not framed or fitted withother materials:

- glass plate substrate coated withdielectric thin film, semi-conductorgrade, in accordance with SEMIIstandards(1)

- other

Safety glass, consisting of toughened(tempered) or laminated glass

Multiple-walled insulating units ofglass

Glass mirrors, whether or not framed,including rear-view mirrors

Carboys, bottles, flasks, jars, pots,phials, ampoules and othercontainers, of glass, of a kind used forthe conveyance or packing of goods;preserving jars of glass; stoppers, lidsand other closures, of glass

ex Chapter 68

ex 6803

ex 6812

ex 6814

Chapter 69

ex Chapter 70

ex 7003ex 7004 andex 7005

7006

7007

7008

7009

7010




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture in which all the materials used areclassified within a heading other than that of theproductorCutting of glassware, provided the value of theuncut glassware does not exceed 50% of the ex-works price of the productorHand-decoration (with the exception of silk-screenprinting) of hand-blown glassware, provided thevalue of the hand-blown glassware does not exceed50% of the ex-works price of the product

Manufacture from:- uncoloured slivers, rovings, yarn or chopped

strands, or- glass wool



Manufacture from unworked precious or semi-precious stones

Manufacture from materials not classified withinheading No 7106, 7108 or 7110orElectrolytic, thermal or chemical separation ofprecious metals of heading No 7106, 7108 or 7110orAlloying of precious metals of heading No 7106,7108 or 7110 with each other or with base metals

Manufacture from unwrought precious metals

Manufacture from metals clad with preciousmetals, unwrought


Manufacture in which all the materials used areclassified within a heading other than that of theproductor

Glassware of a kind used for table,kitchen, toilet, office, indoordecoration or similar purposes (otherthan that of heading No 7010 or 7018)

Articles (other than yarn) of glassfibers

Natural or cultured pearls, precious orsemi-precious stones, preciousmetals, metals clad with preciousmetal, and articles thereof; imitationjewellery; coin; except for:

Natural or cultured pearls, graded andtemporarily strung for convenience oftransport

Worked precious or semi-preciousstones (natural, synthetic orreconstructed)

Precious metals:

- Unwrought

- Semi-manufactured or in powderform

Metals clad with precious metals,semi-manufactured

Articles of natural or cultured pearls,precious or semi-precious stones(natural, synthetic or reconstructed)

Imitation jewellery

7013

ex 7019

ex Chapter 71

ex 7101

ex 7102,ex 7103 andex 7104

7106, 7108and 7110

ex 7107,ex 7109 andex 7111

7116

7117

(1) SEMII-Semiconductor Equipment and Materials Institute Incorporated.


Manufacture from base metal parts, not plated orcovered with precious metals, provided the value ofall the materials used does not exceed 50% of theex-works price of the product


Manufacture from materials of heading No 7201,7202, 7203, 7204 or 7205

Manufacture from ingots or other primary forms of heading No 7206

Manufacture from semi-finished materials of heading No 7207

Manufacture from ingots or other primary forms of heading No 7218


Manufacture from ingots or other primary forms of heading No 7206, 7218 or 7224





Manufacture from materials of heading No 7206,7207, 7218 or 7224

Iron and steel; except for:

Semi-finished products of iron or non-alloy steel

Flat-rolled products, bars and rods,angles, shapes and sections of iron or non-alloy steel

Wire of iron or non-alloy steel

Semi-finished products, flat-rolledproducts, bars and rods, angles,shapes and sections of stainless steel

Wire of stainless steel

Semi-finished products, flat-rolledproducts, hot-rolled bars and rods, inirregularly wound coils; angles,shapes and sections, of other alloysteel; hollow drill bars and rods, ofalloy or non-alloy steel

Wire of other alloy steel

Articles of iron or steel; except for:

Sheet piling

Railway or tramway track constructionmaterials of iron or steel, thefollowing: rails, checkrails and rackrails, switch blades, crossing frogs,point rods and other crossing pieces,sleepers (cross-ties), fish-plates,chairs, chair wedges, soleplates (baseplates), rail clips, bedplates, ties andother material specialized for jointingor fixing rails

Tubes, pipes and hollow profiles, ofiron (other than cast iron) or steel

ex Chapter 72

7207

7208 to 7216

7217

ex 7218, 7219to 7222

7223

ex 7224, 7225to 7228

7229

ex Chapter 73

ex 7301

7302

7304, 7305and 7306




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Turning, drilling, reaming, threading, deburring andsandblasting of forged blanks the value of whichdoes not exceed 35% of the ex-works price of theproduct

Manufacture in which all the materials used areclassified within a heading other than that of theproduct.However, welded angles, shapes and sections ofheading No 7301 may not be used

Manufacture in which the value of all the materialsof heading No 7315 used does not exceed 50% ofthe ex-works price of the product







Manufacture from refined copper, unwrought, orwaste and scrap of copper




a heading other than that of the product;

Tube or pipefittings of stainless steel(ISO No X5CrNiMo 1712), consisting ofseveral parts

Structures (excluding prefabricatedbuildings of heading No 9406) andparts of structures (for example,bridges and bridge-sections, lock-gates, towers, lattice masts, roofs,roofing frame-works, doors andwindows and their frames andthresholds for doors, shutters,balustrades, pillars and columns), ofiron or steel; plates, rods, angles,shapes, sections, tubes and the like,prepared for use in structures, of ironor steel

Skid chain

Copper and articles thereof; exceptfor:

Copper mattes; cement copper(precipitated copper)

Unrefined copper; copper anodes for electrolytic refining

Refined copper and copper alloys,unwrought:

- Refined copper

- Copper alloys and refined coppercontaining other elements

Copper waste and scrap

Master alloys of copper

Nickel and articles thereof; except for:

ex 7307

7308

ex 7315

ex Chapter 74

7401

7402

7403

7404

7405

ex Chapter 75








other than that of the product; and- the value of all the materials used does not

exceed 50% of the ex-works price of the productorManufacture by thermal or electrolytic treatmentfrom unalloyed aluminium or waste and scrap ofaluminium



heading other than that of the product. However,gauze, cloth, grill, netting, fencing, reinforcingfabric and similar materials (including endlessbands) of aluminium wire, or expanded metal ofaluminium may be used;



a heading other than that of the product;- the value of all the materials used does not


Manufacture from "bullion"or "work" lead

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, waste and scrap of heading No 7802 may not be used


Nickel mattes, nickel oxide sinters andother intermediate products of nickelmetallurgy; unwrought nickel;nickel waste and scrap

Aluminium and articles thereof;except for:

Unwrought aluminium

Aluminium waste or scrap

Aluminium articles other than gauze,cloth, grill, netting, fencing,reinforcing fabric and similar materials(including endless bands) ofaluminium wire, and expanded metalof aluminium

Reserved for possible future use in HS

Lead and articles thereof; except for:

Unwrought lead:

- Refined lead

- Other

Lead waste and scrap

7501 to 7503

ex Chapter 76

7601

7602

ex 7616

Chapter 77

ex Chapter 78

7801

7802




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)











Manufacture in which the value of all the materialsclassified within the same heading, as the productused does not exceed 50% of the ex-works price ofthe product



Manufacture in which all the materials used areclassified within a heading other than heading Nos 8202 to 8205. However, tools of heading Nos 8202 to 8205 may be incorporated into the set provided their value does not exceed 15% ofthe ex-works price of the set

Zinc and articles thereof; except for:

Unwrought zinc

Zinc waste and scrap

Tin and articles thereof; except for:

Unwrought tin

Tin waste and scrap; other articles oftin

Other base metals; cermets; articlesthereof:

- Other base metals, wrought; articlesthereof

- Other

Tools, implements, cutlery, spoonsand forks, of base metal; parts thereofof base metal; except for:

Tools of two or more of the headingNos 8202 to 8205, put up in sets forretail sale

ex Chapter 79

7901

7902

ex Chapter 80

8001

8002 and 8007

Chapter 81

ex Chapter 82

8206








Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, knife blades and handles of basemetal maybe used

Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used

Manufacture in which all the materials used are classified within a heading other than that of the product. However, handles of base metal may be used


Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, the other materials of headingNo 8302 may be used provided their value does not exceed 20% of the ex-works price of the product

Manufacture in which all the materials used areclassifiedwithin a heading other than that of theproduct. However, the other materials of headingNo 8306 may be used provided their valuedoes notexceed 30% of the ex-works price of the product

Interchangeable tools for hand tools,whether or not power-operated, or formachine-tools (for example, forpressing, stamping, punching,tapping, threading, drilling, boring,broaching, milling, turning, or screwdriving), including dies for drawing orextruding metal, and rock drilling orearth boring tools

Knives and cutting blades, formachines or for mechanicalappliances

Knives with cutting blades, serrated ornot (including pruning knives), otherthan knives of heading No 8208

Other articles of cutlery (for example,hair clippers, butchers’ or kitchencleavers, choppers and mincingknives, paperknives); manicure orpedicure sets and instruments(including nail files)

Spoons, forks, ladles, skimmers, cake-servers, fish knives, butter-knives,sugar tongs and similar kitchen ortableware

Miscellaneous articles ofbase metal;except for:

Other mountings, fittings and similararticles suitable for buildings, andautomatic door closers

Statuettes and other ornaments, ofbase metal

8207

8208

ex 8211

8214

8215

ex Chapter 83

ex 8302

ex 8306




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture in which:- all the materials used areclassified within


exceed 40% of the ex-worksprice of the productManufacture in which the value of all the materialsused does not exceed 30% of the ex-works price ofthe product

Manufacture in which all the materials used areclassifiedwithin a heading other thanthat of theproduct(1)Manufacture in which the value of all the materialsused does not exceed 30% of the ex-works price ofthe final product


a headingother than that of the product;

- the value of all thematerials used does notexceed40% of the ex-worksprice of the product


Manufacture in which all the materials used areclassified within a heading other than heading No 8403 or 8404Manufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product







exceed 40% of the ex-works price of the productManufacture in which the value of all the materialsused does not exceed 25% of the ex-works price ofthe product

Nuclear reactors, boilers, machineryand mechanical appliances; partsthereof; except for:

Nuclear fuel elements

Steam or other vapour generatingboilers (other than central heating hot water boilers capable also ofproducing low pressure steam); super heated water boilers

Central heating boilers other thanthose of heading No 8402 andauxiliary plant for central heatingboilers

Steam turbines and other vapourturbines

Spark-ignition reciprocating or rotaryinternal combustion piston engines

Compression-ignition internalcombustion piston engines (diesel or semi-diesel engines)

Parts suitable for use solely orprincipally with the engines ofheading No 8407 or 8408

Turbo-jets, turbo propellers and othergas turbines

ex Chapter 84

ex 8401

8402

8403 andex 8404

8406

8407

8408

8409

8411

(1) This rule shall apply until 31 December 2005.










Manufacture in which:- all the materials used are

classified within a heading other than that of theproduct;

- the value of all the materials used does notexceed 40% of the ex-works price of the product;

- the value of all the non-originating materials useddoes not exceed the value of the originatingmaterials used


Manufacture:- in which the value of all the materials used does


- where, within the above limit, the materialsclassified within the same heading as the productare only used up to a value of 25% of the ex-worksprice of the product


Other engines and motors

Rotary positive displacement pumps

Industrial fans, blowers and the like

Air conditioning machines, comprisinga motor-driven fan and elements forchanging the temperature andhumidity, including those machines inwhich the humidity cannot beseparately regulated

Refrigerators, freezers and otherrefrigerating or freezing equipment,electric or other; heat pumps otherthan air conditioning machines ofheading No 8415

Machines for wood, paper pulp andpaperboard industries

8412

ex 8413

ex 8414

8415

8418

ex 8419




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)



- where, within the above limit, the materialsclassified within the same heading as the productare only used up to a value of 25% of the ex-works price of the product



heading other than that of theproduct;





- where, within the above limit, the materialsclassified within heading No 8431 are only usedup to a value of 10% of the ex-works price of theproduct







Calendaring or other rolling machines,other than for metals or glass, andcylinders therefor

Weighing machinery (excludingbalances of a sensitivity of 5 cg orbetter), including weight operatedcounting or checking machines;weighing machine weights of all kinds

Lifting, handling, loading or unloadingmachinery

Self-propelled bulldozers, angledozers,graders, levellers, scrapers, mechanicalshovels, excavators, shovel loaders,tamping machines and road rollers:

- Road rollers

- Other

8420

8423

8425 to 8428

8429




- where, within the above limit, the value of thematerials classified within heading No 8431 areonly used up to a value of 10% of the ex-worksprice of the product















Other moving, grading, levelling,scraping, excavating, tamping,compacting, extracting or boringmachinery, for earth, mine-rals orores; pile-drivers and pile-extractors;snow-ploughs and snow-blowers

Parts suitable for use solely or principally with road rollers

Machinery for making pulp of fibrouscellulosic material or for making orfinishing paper or paperboard

Other machinery for making up paperpulp, paper or paperboard, includingcutting machines of all kinds

Machines of these headings for use in the textile industry

Auxiliary machinery for use withmachines of headings Nos 8444 and8445

Sewing machines, other than book-sewing machines of heading No8440;furniture, bases and covers speciallydesigned for sewing machines;sewing machine needles:

- Sewing machines (lockstitch only)with heads of a weight not exceeding16 kg without motor or 17 kg withmotor

8430

ex 8431

8439

8441

8444 to 8447

ex 8448

8452




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

- where the value of all the non-originatingmaterials used in assembling the head (withoutmotor) does not exceed the value of theoriginating materials used;

- the thread tension, crochet and zigzagmechanisms used are already originating






heading other than that of theproduct;





- Other

Machine-tools and machines and theirparts and accessories of headingsNos 8456 to 8466

Office machines (for example,typewriters, calculating machines,automatic data processing machines,duplicating machines, staplingmachines)

Moulding boxes for metal foundry;mould bases; moulding patterns;moulds for metal (other than ingotmoulds), metal carbides, glass,mineral materials, rubber or plastics

Ball or roller bearings

Gaskets and similar joints of metalsheeting combined with othermaterial or of two or more layers ofmetal; sets or assortments of gasketsand similar joints, dissimilar incomposition, put up in pouches,envelopes or similar packings;mechanical seals

Machinery parts, not containingelectrical connectors, insulators, coils,contacts or other electrical features,not specified or included elsewhere inthis Chapter

8456 to8466

8469 to 8472

8480

8482

8484

8485


Manufacture in which- all the materials used are classified within a









- where, within the above limit, the materialsclassified within heading No 8501 or 8503, takentogether, are only used up to a value of 10% of theex-works price of the product





- where the value of all the non-originating materialsused does not exceed the value of the originatingmaterials used






Electrical machinery and equipmentand parts thereof; sound recordersand reproducers, television image andsound recorders and reproducers, andparts and accessories of such articles;except for:

Electric motors and generators(excluding generating sets)

Electric generating sets and rotaryconverters

Power supply units for automaticdata-processing machines

Microphones and stands therefor;loudspeakers, whether or notmounted in their enclosures; audio-frequency electric amplifiers; electricsound amplifier sets

Turntables (record-decks), recordplayers, cassette- players and othersound reproducing apparatus, notincorporating a sound recordingdevice

ex Chapter 85

8501

8502

ex 8504

ex 8518

8519




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)
















Magnetic tape recorders and othersound recording apparatus, whetheror not incorporating a sound-reproducing device

Video recording or reproducingapparatus, whether or notincorporating a video tuner

Parts and accessories suitable for use solely or principally with the apparatus of heading Nos 8519 to 8521

Prepared unrecorded media for soundrecording or similar recording of otherphenomena, other than products ofChapter 37

Records, tapes and other recordedmedia for sound or other similarlyrecorded phenomena, includingmatrices and masters for theproduction of records, but excludingproducts of Chapter 37:

- Matrices and masters for the production of records

- Other

8520

8521

8522

8523

8524












- where the value of all the non-originatingmaterials used does not exceed the value of theoriginating materials used









Transmission apparatus for radio-telephony, radio-telegraphy, radio-broadcasting or television, whether ornot incorporating reception apparatusor sound recording or reproducingapparatus; television cameras; stillimage video cameras and other videocamera recorders

Radar apparatus, radio navigationalaid apparatus and radio remotecontrol apparatus

Reception apparatus forradiotelephony, radiotelegraphy orradio broadcasting, whether or notcombined, in the same housing, withsound recording or reproducingapparatus or a clock

Reception apparatus for television,whether or not incorporatingradiobroadcast receivers or sound or video recording or reproducingapparatus; video monitors and video projectors

Parts suitable for use solely orprincipally with the apparatus ofheading Nos 8525 to 8528:

- Suitable for use solely or principallywith video recording or reproducingapparatus

- Other

8525

8526

8527

8528

8529




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

- where the value of all the non-originatingmaterials used does not exceed the value of the originating materials used










Manufacture in which:- all the materials used reclassified within





- where, within the above limit, the materialsclassified within heading No 8541 or 8542, takentogether, are only used up to a value of 10% of theex-works price of the product


Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits

Boards, panels, consoles, desks,cabinets and other bases, equippedwith two or more apparatus ofheading No 8535 or 8536, for electriccontrol or the distribution ofelectricity, including thoseincorporating instruments orapparatus of Chapter 90, andnumerical control apparatus, otherthan switching apparatus of headingNo 8517

Diodes, transistors and similar semi-conductor devices, except wafers notyet cut into chips

Electronic integrated circuits and microassemblies

8535 and 8536

8537

ex 8541

8542







Manufacture in which thevalue of all the materialsused does not exceed 40% of the ex-works price ofthe product




Insulated (including enameled oranodized) wire, cable (includingcoaxial cable) and other insulatedelectric conductors, whether or notfitted with connectors; optical fibercables, made-up of individuallysheathed fibers, whether or notassembled with electric conductors or fitted with connectors

Carbon electrodes, carbon brushes,lamp carbons, battery carbons andother articles of graphite or othercarbon, with or without metal, of akind used for electrical purposes

Electrical insulators of any material

Insulating fittings for electricalmachines, appliances or equipment,being fittings wholly of insulatingmaterials apart from any minorcomponents of metal (for example,threaded sockets) incorporated duringmoulding solely for purposes ofassembly other than insulators ofheading No 8546; electrical conduittubing and joints therefore, of basemetal lined with insulating material

Waste and scrap of primary cells,primary batte-ries and electricaccumulators; spent primary cells,spent primary batteries and spentelectric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter

Railway or tramway locomotives,rolling-stock and parts thereof;railway or tramway track fixtures andfittings and parts thereof; mechanical(including electro-mechanical) trafficsignaling equipment of all kinds;except for:

Railway or tramway track fixtures andfittings; mechanical (including electro-mechanical) signaling, safety or trafficcontrol equipment for railways,tramways, roads, inland waterways,parking facilities, port installations orairfields; parts of the foregoing

8544

8545

8546

8547

8548

ex Chapter 86

8608




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)









not exceed 40% of the ex- works price of theproduct;







Vehicles other than railway ortramway rolling stock, and parts and accessories thereof; except for:

Works trucks, self-propelled, not fittedwith lifting or handling equipment, of the type used in factories,warehouses, dock areas or airportsfor short distance transport of goods;tractors of the type used on railwaystation platforms; parts of theforegoing vehicles

Tanks and other armoured fightingvehicles, motorized, whether or notfitted with weapons, and parts of suchvehicles

Motorcycles (including mopeds) andcycles fitted with an auxiliary motor,with or without side-cars; side-cars:

- With reciprocating internalcombustion piston engine of a cylinder capacity:

- Not exceeding 50 cc

- Exceeding 50 cc

ex Chapter 87

8709

8710

8711






Manufacture from materials not classified inheading No 8714Manufacture in which the value of all the materialsused does not exceed 30% of the ex-works price ofthe product







Manufacture in which all the materials used areclassified within a heading other than that of theproductManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture from materials of any headingincluding other materials of heading No 8804Manufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which all the materials used areclassified within a heading other than that of theproductManufacture in which the value of all the materialsused does not exceed 30% of the ex-works price ofthe product

- Other

Bicycles without ball bearings

Baby carriages and parts thereof

Trailers and semi-trailers; othervehicles, not mechanically propelled;parts thereof

Aircraft, spacecraft, and parts thereof;except for:

Rotochutes

Aircraft launching gear; deck-arrestoror similar gear; ground flying trainers;parts of the foregoing articles

ex 8712

8715

8716

ex Chapter 88

ex 8804

8805




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture in which all the materials used areclassified within a heading other than that of theproduct. However, hulls of heading No 8906 maynot be usedManufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product









exceed 40%of the ex-works price of the product;

- the value of all the non-originating materials useddoes not exceed the value of the originatingmaterials used


Ships, boats and floating structures

Optical, photographic,cinematographic, measuring,checking, precision, medical orsurgical instruments and apparatus;parts and accessories thereof; except for:

Optical fibers and optical fiberbundles; optical fiber cables otherthan those of heading No 8544;sheets and plates of polarizingmaterial; lenses (including contactlenses), prisms, mirrors and otheroptical elements, of any material,unmounted, other than such elementsof glass not optically worked

Lenses, prisms, mirrors and otheroptical elements, of any material,mounted, being parts of or fittings forinstruments or apparatus, other thansuch elements of glass not opticallyworked

Spectacles, goggles and the like,corrective, protective or other

Binoculars, monoculars, other opticaltelescopes, and mountings therefor,except for astronomical refractingtelescopes and mountings therefore

Chapter 89

ex Chapter 90

9001

9002

9004

ex 9005




exceed 40% of the ex-works price of the product;- the value of all the non-originating materials used

does not exceed the value of the originatingmaterials used





does not exceed the value of the originatingmaterials used





does not exceed the value ofthe originatingmaterials used





Photographic (other thancinematographic) cameras;photographic flashlight apparatus and flashbulbs other than electricallyignited flashbulbs

Cinematographic cameras and projectors, whether or notincorporating sound recording or reproducing apparatus

Compound optical microscopes,including those forphotomicrography,cinephotomicrography ormicroprojection

Other navigational instruments andappliances

Surveying (includingphotogrammetrical surveying),hydrographic, oceanographic,hydrological, meteorological or geophysical instruments andappliances, excluding compasses;rangefinders

Balances of a sensitivity of 5 cg or better, with or without weights

ex 9006

9007

9011

ex 9014

9015

9016




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)


Manufacture from materials of any heading,including other materials of heading No 9018Manufacture in which the value of all the materialsused does not exceed 40% of the ex-works price ofthe product

Manufacture in which:- all the materials used reclassified within a



Manufacture in which:- all the materials used reclassified within




a heading other than that of theproduct;




Drawing, marking-out or mathematicalcalculating instruments (for example,drafting machines, pantographs,protractors, drawing sets, slide rules,disc calculators); instruments formeasuring length, for use in the hand(for example, measuring rods andtapes, micrometers, calipers), notspecified or included elsewhere in this Chapter

Instruments and appliances used inmedical, surgical, dental or veterinarysciences, including scintigraphicapparatus, other electro-medicalapparatus and sight-testinginstruments:

- Dentists’ chairs incorporating dentalappliances or dentists’ spittoons

- Other

Mechano-therapy appliances;massage apparatus; psychologicalaptitude-testing apparatus; ozonetherapy, oxygen therapy, aerosoltherapy, artificial respiration or othertherapeutic respiration apparatus

Other breathing appliances and gasmasks, excluding protective maskshaving neither mechanical parts norreplaceable filters

Machines and appliances for testingthe hardness, strength,compressibility, elasticity or othermechanical properties of materials(for example, metals, wood, textiles,paper, plastics)

9017

9018

9019

9020

9024











Hydrometers and similar floatinginstruments, thermometers,pyrometers, barometers, hygrometersand psychrometers, recording or not,and any combination of theseinstruments

Instruments and apparatus formeasuring or checking the flow, level,pressure or other variables of liquidsor gases (for example, flow meters,level gauges, manometers, heatmeters), excluding instruments andapparatus of heading No 9014, 9015,9028 or 9032

Instruments and apparatus forphysical or chemical analysis (forexample, polarimeters,refractometers, spectrometers, gasor smoke analysis apparatus);instruments and apparatus formeasuring or checking viscosity,porosity, expansion, surface tensionor the like; instruments and apparatusfor measuring or checking quantitiesof heat, sound or light (includingexposure meters); microtomes

Gas, liquid or electricity supply or production meters, includingcalibrating meters therefor:

- Parts and accessories

- Other

Revolution counters, productioncounters, taximeters, mileometers,pedometers and the like; speedindicators and tachometers, otherthan those of heading Nos 9014 or9015; stroboscopes

9025

9026

9027

9028

9029




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)






Manufacture:- in which the value of althea materials used does


- where the value of all the non-originatingmaterials used does not exceed the value of the originating materials used






Oscilloscopes, spectrum analyzersand other instruments and apparatusfor measuring or checking electricalquantities, excluding meters ofheading No 9028; instruments andapparatus for measuring or detectingalpha, beta, gamma, X-ray, cosmic orother ionizing radiations

Measuring or checking instruments,appliances and machines, not specified or included elsewhere in this Chapter; profile projectors

Automatic regulating or controllinginstruments and apparatus

Parts and accessories(not specified or included elsewherein this Chapter) for machines,appliances, instruments or apparatusof Chapter 90

Clocks and watches and parts thereof;except for:

Other clocks

Clock movements, complete and assembled

9030

9031

9032

9033

ex Chapter 91

9105

9109




- where, within the above limit, the materialsclassified within heading No 9114 are only used up to a value of 10% of the ex-works price of theproduct












Manufacture in which all the materials used areclassified within a heading other than that of theproductManufacture in which the value of all the materialsused does not exceed 40% of the ex works price ofthe product

Complete watch or clock movements,unassembled or partly assembled(movement sets); incomplete watch or clock movements, assembled; rough watch or clock movements

Watch cases and parts thereof

Clock cases and cases of a similartype for other goods of this Chapter,and parts thereof

Watch straps, watchbands and watchbracelets, and parts thereof:

- Of base metal, whether or not gold-or silver-plated, or of metal clad withprecious metal

- Other

Musical instruments; parts andaccessories of such articles

Arms and ammunition; parts andaccessories thereof

Furniture; bedding, mattresses,mattress supports, cushions andsimilar stuffed furnishings; lamps andlighting fittings, not elsewherespecified or included; illuminatedsigns, illuminated nameplates and thelike; prefabricated buildings; exceptfor:

9110

9111

9112

9113

Chapter 92

Chapter 93

ex Chapter 94




(2)

HS heading n°

(1)




(2)

HS heading n°

(1)

Manufacture in which all the materials used areclassified in a heading other than that of theproductorManufacture from cotton cloth already made up ina form ready for use of heading No 9401 or 9403,provided:- its value does not exceed 25% of the ex-works

price of the product;- all the other materials use dare already

originating and are classified in a heading otherthan heading No 9401 or 9403








Manufacture in which all the materials used areclassified within a heading other than that of theproduct.However, roughly shaped blocks for making golfclub heads may be used


Manufacture from "worked” carving materials of the same heading

Manufacture in which the value of all the materialsused does not exceed 50% of the ex-works price of the product

Base metal furniture, incorporatingunstuffed cotton cloth of a weightof 300 g/m2 or less

Lamps and lighting fittings includingsearchlights and spotlights and partsthereof, not elsewhere specified orincluded; illuminated signs,illuminated name-plates and the like,having a permanently fixed lightsource, and parts thereof notelsewhere specified or included

Prefabricated buildings

Toys, games and sports requisites;parts and accessories thereof; exceptfor:

Other toys; reduced-size("scale")models and similar recreationalmodels, working or not; puzzles of all kinds

Golf clubs and parts thereof

Miscellaneous manufactured articles;except for:

Articles of animal, vegetable ormineral carving materials

Brooms and brushes (except forbesoms and the like and brushesmade from marten or squirrel hair),hand-operated mechanical floorsweepers, not motorized, paint padsand rollers, squeegees and mops

ex 9401 andex 9403

9405

9406

ex Chapter 95

9503

ex 9506

ex Chapter 96

ex 9601 andex 9602

ex 9603

132 | Partnership Agreement ACP-CE

Each item in the set must satisfy the rule, whichwould apply to it if it were not included in the set.However, non-originating articles may beincorporated, provided their total value does notexceed 15% of the ex-works price of the set




Manufacture in which all the materials used areclassified within a heading other than that of theproduct.However, nibs or nib-points classified within thesame heading may be used




Manufacture in which the value of all the materialsof heading No 9613 used does not exceed 30% ofthe ex-works price of the product

Manufacture from roughly shaped blocks


Travel sets for personal toilet, sewingor shoe or clothes cleaning

Buttons, press-fasteners, snap-fasteners and press-studs, buttonmoulds and other parts of thesearticles; button blanks

Ball-point pens; felt-tipped and otherporous-tipped pens and markers;fountain pens, stylograph pens andother pens; duplicating stylos;propelling or sliding pencils;penholders, pencil-holders and similarholders; parts (including caps andclips) of the foregoing articles, other than those of heading No 9609

Typewriter or similar ribbons, inked or otherwise prepared forgivingimpressions, whether or not on spoolsor in cartridges; ink-pads, whether ornot inked, with or without boxes

Lighters with piezo-igniter

Smoking pipes and pipe bowls

Works of art, collectors’ pieces and antiques

9605

9606

9608

9612

ex 9613

ex 9614

Chapter 97




(2)

HS heading n°

(1)

ANNEXE III TO PROTOCOL 1Overseas Countries

and Territories

Within the meaning of this Protocol "over-seas countries and territories" shall meanthe countries and territories referred to inPart Four of the Treaty establishing theEuropean Community listed below:

(This list does not prejudge the status ofthese countries and territories, or futurechanges in their status.)

1. Country having special relations withthe 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 FrenchRepublic:

- Mayotte,- Saint Pierre and Miquelon.

4. Overseas countries of the Kingdom ofthe 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.

ANNEXE IV TO PROTOCOL 1

Form for movement certificate

1. Movement certificates EUR.1 shall bemade out on the form of which a speci-men appears in this Annexe. This formshall be printed in one or more of thelanguages in which the Agreement isdrawn up. Certificates shall be madeout in one of these languages and inaccordance with the provisions of thedomestic law of the exporting State ifthey are handwritten, they shall be com-pleted in ink and in capital letters.

2. Each certificate shall measure 210 x297 mm, a tolerance of up to plus 8 mmor minus 5 mm in the length may beallowed. The paper used must be white,sized for writing, not containingmechanical pulp and weighing not lessthan 25g/m2. It shall have a printedgreen guilloche pattern backgroundmaking any falsification by mechanicalor chemical means apparent to the eye.

3. The exporting States may reserve theright to print the certificates themselvesor may have them printed by approvedprinters. In the latter case eachcertificate must include a reference tosuch approval. Each certificate mustbear the name and address of the printeror a mark by which the printer can beidentified. It shall also bear a serialnumber, either printed or not, by which itcan be identified.


NOTES1. Certificates must not contain erasures or words written over one another. Any alter-

ations must be made by deleting the incorrect particulars and adding any necessarycorrections. 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 itemmust be preceded by an item number. A horizontal line must be drawn immediatelybelow the last item. Any unused space must be struck through in such a manner as tomake any later additions impossible.

3. Goods must be described in accordance with commercial practice and with sufficientdetail to enable them to be identified.


MOVEMENT CERTIFICATE

1. Exporter (name, full address, country) EUR.1 No A 000.000See notes overleaf before completing this form

2. Certificate used in preferential trade between

3. Consignee (name, full address, country) (Optional) and

(insert appropriate countries, groups of countries or territories)4. Country, group of

countries or territory inwhich the products areconsidered as originating

5. Country, group ofcountries or territory ofdestination

6. Transport details (Optional) 7. Remarks

8. Item number; Marks and numbers; Number and kind of package (1); Description of goods 9. Gross mass (kg)or other measure(litres,m3,etc.)

10.Invoices(Optional)

11. CUSTOMS ENDORSEMENTDeclaration certifiedExport document (2)Form..................................................... No ....................Customs office...............................................................Issuing country or territory. .....................................................................................Date ................................................................................ .....................................................................................

(Signature)

Stamp

12. DECLARATION BY THE EXPORTER

I, the undersigned, declare that the goodsdescribed above meet the conditions requiredfor the issue of this certificate.

Place and date.....................................................

. ..........................................................................

(Signature)

(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 require

13. Request for verification, to: 14. Result of verificationVerification carried out shows that this certificate (*)

was issued by the customs office indicated and that the informationcontained therein is accurate.

does not meet the requirements as to authenticity and accuracy (seeremarks 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.

DECLARATION BY THE EXPORTER

I, 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 theabove conditions:

...................................................................................................

...................................................................................................

...................................................................................................

...................................................................................................

SUBMIT the following supporting documents(1):

...................................................................................................

...................................................................................................

...................................................................................................

...................................................................................................

UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evi-dence which these authorities may require for the purpose of issuing theattached certificate, and undertake, if required, to agree to any inspection ofmy accounts and to any check on the processes of manufacture of the abovegoods, carried out by the said authorities;

REQUEST the issue of the attached certificate for these goods.

.....................................................

(Place and date)

.....................................................

(Signature)


APPLICATION FOR A MOVEMENT CERTIFICATE

1. Exporter (name, full address, country) (Optional) EUR.1 No A 000.000See notes overleaf before completing this form

2. Application for a certificate to be used in preferential tradebetween

3. Consignee (name, full address, country) (Optional) and

(insert appropriate countries or groups of countries or territories)4. Country, group of

countries or territory inwhich the products areconsidered as originating

5. Country, group ofcountries or territory ofdestination

6. Transport details (Optional) 7. Remarks

8. Item number; Marks and numbers; Number and kind of packages (*); Description of goods 9. Gross mass (kg)or other measure(litres,m3,etc.)

10.Invoices(Optional)

(1) If goods are not packed, indicate number of articles or state "In bulk" as appropriate

(1) For example, import documents, movement certificates, manufacturer’s declarations, etc. referring to the productsused in manufacture or to the goods re-exported in the same state.

Portuguese version

O abaixo assinado, exportador dos produ-tos cobertos pelo presente documento(autorização aduaneira n° ...(1)), declaraque, salvo expressamente indicado emcontrário, estes produtos são de origempreferencial ...(2).

Finnish version

Tässä asiakirjassa mainittujen tuotteidenviejä (tullin lupan:o ...(1)) ilmoittaa, ettänämä tuotteet ovat, ellei toisin ole selvästimerkitty, etuuskohteluun oikeutettuja ...alkuperätuotteita(2).

Swedish version

Exportören av de varor som omfattas avdetta dokument (tullmyndighetens tills-tånd nr. ...(1)) försäkrar att dessa varor, ominte annat tydligt markerats, har förmåns-berättigande ... ursprung(2).

......................................... (3)

(Place and date)

.........................................(4)

(Signature of the exporter; inaddition the name of the person

signing the declaration has to beindicated in clear script)


ANNEXE V TO PROTOCOL 1

Invoice declaration

The invoice declaration, the text of whichis given below, must be made out in ac-cordance with the footnotes. However, thefootnotes do not have to be reproduced.

English version

The exporter of the products covered bythis document (customs authorizationNo...(1)) declares that, except where other-wise clearly indicated, these products areof... preferential origin (2).

Spanish version

El exportador de los productos incluidosen el presente documento (autorizaciónaduanera n° ... (1)) declara que, salvo indi-cación en sentido contrario, estos produc-tos gozan de un origen preferencial ... (2).

Danish version

Eksportøren af varer, der er omfattet afnærværende dokument, (toldmyndighe-dernes tilladelse nr. ... (1)), erklærer, atvarerne, medmindre andet tydeligt erangivet, har præferenceoprindelse i ... (2).

German version

Der Ausführer (Ermächtigter Ausführer;Bewilligungs-Nr. ... (1), der Waren, auf diesich dieses Handelspapier bezieht,erklärt, dass diese Waren, soweit nichtanders angegeben, präferenzbegünstigte... Ursprungswaren sind (2)

Greek version

Ο εξαγωγεας των προιοντων πουκαλυπτονται απο το παρον εγγραϕο(αδεια τελωνειου υπ αριθ. ...(1))δηλωνει οτι εκτος εαν δηλωνεταισαϕως αλλως, τα προιοντα αυτα ειναι

προτιμησιακης καταγωγης ...(2).

French version

L’exportateur des produits couverts par leprésent document (autorisation doua-nière n° ...(1)), déclare que, sauf indicationclaire du contraire, ces produits ont l’ori-gine préférentielle ...(2).

Italian version

L’esportatore delle merci contemplate nelpresente documento (autorizzazionedoganale n. ... (1)) dichiara che, salvo indi-cazione contraria, le merci sono di originepreferenziale ...(2).

Dutch version

De exporteur van de goederen waarop ditdocument van toepassing is (douanever-gunning nr. ...(1)) verklaart dat, behoudensuitdrukkelijke andersluidende vermel-ding, deze goederen van preferentiële... oorsprong zijn(2).


(1) When the invoice declaration is made out by anapproved exporter within the meaning of Article 20 ofthe Protocol, the authorization number of the ap-proved exporter must be entered in this space. Whenthe invoice declaration is not made out by an ap-proved exporter, the words in brackets shall beomitted or the space left blank.

(2) Origin of products to be indicated. When theinvoice declaration relates in whole or in part, toproducts originating in Ceuta and Melilla within themeaning of Article 39 of the Protocol, the exportermust clearly indicate them in the document onwhich the declaration is made out by means of thesymbol "CM".

(3) These indications may be omitted if the informationis contained on the document itself.

(4) See Article 19(5) of the Protocol. In cases where theexporter is not required to sign, the exemption ofsignature also implies the exemption of the name ofthe signatory.

..

..


ANNEXE VI ATO PROTOCOL 1

Supplier declaration for products having preferential origin status

I, 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 the European Community.

I undertake to make available to the customs authorities, if required, evidence in

support of this declaration.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5)

Note

The abovementioned text, suitably completed in conformity with the footnotes below,

constitutes a supplier’s declaration. The footnotes do not have to be reproduced.

ANNEXE VI B TO PROTOCOL 1

Supplier declaration for products not having preferential original status

I, the undersigned, declare that the goods listed on this invoice

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) 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)

Note

The abovementioned text, suitably completed in conformity with the footnotes below,

constitutes a supplier’s 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 thismarking entered on the declaration as follows:"............................ listed on this invoice and marked....................were produced ..............................." . If a document other than an invoice or an annexe to the invoiceis used (see Article 26(3)), the name of the document concerned shall be mentioned instead of the word "invoice".

(2) The Community, Member State, ACP State or OCT. Where an ACP State or an OCT is given, a reference must also bemade to the Community customs office holding any EUR.1 (s) concerned, giving the No of the certificate(s) concerned and, if possible, the relevant customs entry No involved.

(3) Place and date.

(4) Name and function in company.

(5) Signature.

(1) If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and thismarking entered on the declaration as follows:"............................ listed on this invoice and marked....................were produced ...............................". If a document other than an invoice or an annexe to the invoice isused (see Article 26(3)), the name of the document concerned shall be mentioned instead of the word "invoice".

(2) The Community, Member State, ACP State, OCT or South Africa.

(3) Description is to be given in all cases. The description must be adequate and should be sufficiently detailed to allowthe 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 originsto be given as "third country".

(6) "and have undergone the following processing in [ the Community] [Member State] [ACP State] [OCT] [South Africa]................................., to be added with a description of the processing carried out if this informat ion is required.

(7) Place and date.

(8) Name and function in company.

(9) Signature.


ANNEXE VII TO PROTOCOL 1 Information Certificate

1. The form of information certificate given in this Annexe shall be used and be printed inone 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. Informationcertificates shall be completed in one of those languages; if they are handwritten, theyshall be completed in ink in capital letters. They shall bear a serial number, whether ornot printed, by which they can be identified.

2. The information certificate shall measure 210 x 297mm, a tolerance of up to plus 8 mmor minus 5 mm in the length may be allowed. The paper must be white, sized for writing, not containing mechanical pulp and weighing not less than 25g/m2.

3. The national administrators may reserve the right to print the forms themselves or mayhave them printed by printers approved by them. In the latter case, each form mustinclude a reference to such approval. The forms shall bear the name and address of theprinter or a mark by which the printer can be identified.

European Communities1. Supplier(,) INFORMATION CERTIFICATE

to facilitate the issue of a

MOVEMENT CERTIFICATEfor preferential trade between the

2. Consignee (1)

3. Processor (1) 4. State in which the working or processing has been carried out

6. Customs office of importation (1) 5. For official use

7. Import document (2)Form ........................................... No .................... ..............................

Series………………………….…………………………………………

Date

GOODS SENT TO THE MEMBER STATES OF DESTINATION

ytitnauQ .01metsyS gnidoC dna noitpircseD ytidommoC desinomraH .9ytitnauq ,srebmun ,skraM.8 (1)

)edoc SH( rebmun gnidaehbus/gnidaehegakcap fo dnik dna

11. Value (4)

IMPORTED GOODS USED ytitnauQ .41fo yrtnuoC .31metsyS gnidoC dna noitpircseD ytidommoC desinomraH.21 (3) 15. Value (2)(5)

nigiro )edoc SH( rebmun gnidaehbus/gnidaeh

16. Nature of the working or processing carried out

17. Remarks

18. CUSTOMS ENDORSEMENT 19. DECLARATION BY THE SUPPLIERnoitamrofni eht taht eralced ,dengisrednu eht ,1:deifitrec noitaralceD

on this certificate is accurate.Document ……………………...

--------------------------------...……oN................................... mroFCustoms office ……………….. ...................................... (Place) (Date)Date:

---------------------------------------.(Signature)

. ................ ..................... ........................................... ....................(Signature)

(1)(2)(3)(4)(5) See footnotes on verso

Official

Stamp

EUROPEANCOMMUNITY

andTHE ACP STATES

NOITACIFIREV FO TLUSERNOITACIFIREV ROF TSEUQERThe 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 containedtherein is accurate (*)

b) does not meet the requirements as to authenticity and accuracy (see notesappended) (*)

------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------)etad dna ecalP()etad dna ecalP(

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

(Official’s signature) (Official’s signature)

(*) Delete where not applicable

Official

stamp

Official

stamp

CROSS REFERENCES

(1) Name of individual or business and full address.

(2) Optional information.

(3) Kg, hl, m3 or other measure.

(4) Packaging shall be considered as forming a whole with the goods contained therein. However, this provision shallnot apply to packaging which is not of the normal type for the article packed, and which has a lasting utility valueof its own, apart from its function as packaging.

(5) The value must be indicated in accordance with the provisions on rules of origin.

NOTES

1. If the boxes in the form are not suffi-cient to contain all relevant information,additional pages may be attached tothe form. In this case, the mention "seeannexe" shall be entered in the boxconcerned.

2. If possible, samples or other illustrativematerial (pictures, designs, catalogues,etc) of the final product and of thematerials 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 whichis not an ACP or Community State or OCT.

Box 12:

If third country materials have been worked or processed in the Community orin the OCT without obtaining origin,before being further processed in the ACPState requesting the derogation, indicatethe working or processing carried out inthe Community or OCT.

Box 13:

The dates to be indicated are the initialand final one for the period in which EUR 1certificates may be issued under thederogation.

Box 18:

Indicate either the percentage of addedvalue in respect of the ex-works price ofthe product or the monetary amount ofadded-value for unit of product.

Box 19

If alternative sources of material exist,indicate here what they are and, if pos-sible, the reasons of cost or other reasonswhy they are not used.

Box 20:

Indicate possible further investments orsuppliers’ differentiation which make thederogation necessary for only a limitedperiod of time.


ANNEXE VIII TO PROTOCOL 1Form for application for a derogation

ANNEX VIII TO PROTOCOL 1Form for application for a derogation

1. Commercial description of the finished product

1.1 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 beused

5. Value of third country materials6. Value of finished products

7. Origin of third country materials 8. Reasons why the rule of origin for the finished product canbe fulfilled

9. Commercial description of materials originating inthe ACP States, EC or OCT to be used

10. Anticipated annual quantity of ACP, EC or

OCT materials to be used

11. 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

13. Duration requested for derogation

from............................... to...................................

14. Detailed description of working and processing inthe ACP States:

15. Capital structure of the firm concerned

16. Amount of investments made/foreseen

17. Staff employed/expected

18. 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 derogation

19. Other possible sources of supply for materials 21. Observations


ANNEXE IX TO PROTOCOL 1 List of working or processing conferring the character of ACP originon a product obtained when working or processing is carried out ontextile materials originating in developing countries referred to in

Article 6(11) of this Protocol

Textiles and textile articles falling within Section XI

Wool, not carded or combed

- degreased, not carbonized

- carbonized

Waste of wool or of fine or coarse animal hair, carbonized

Cotton, not carded or combed, bleached

Man-made staple fibres

- not carded or combed or otherwise processedfor spinning

- carded or combed or other,

Yarn monofilament and thread, other than paper yarn:

- printed or dyed

Manufacture from greasy, including piece-wastedwool, the value of which does not exceed 50% ofthe ex-works price of the product

Manufacture from degreased wool, not carbonized the value of which does notexceed 50% of the ex-works price of the product

Manufacture from non-carbonized waste, the value of which does not exceed 50% of the ex-works price of the product

Manufacture from raw cotton, the value of whichdoes not exceed 50% of the ex-works price of theproduct


Manufacture from chemical materials or textilepulp or waste falling within CN code 5505

Manufacture from: - natural fibres not carded or combed

or otherwise processed for spinning, - chemical materials or textile pulp, or - paper making materials

Manufacture from:- natural fibres not carded or combed

or otherwise processed for spinning, - grege silk or silk waste - chemical materials or textile pulp, or man-made staple fibres, filament tow or waste offibres, not carded or combed or otherwise pre-pared for spinning

or

Printing or dyeing of yarn or monofilaments,unbleached or prebleached (1), accompaniedby preparatory or finishing operations, twistingor texturizing not being considered as such, the value of the non-originating material(including yarn), not exceeding 48% of the ex-works price of the product

ex 5101

ex 5103

ex 5201

5501 to 5507

ex Chapter 50 to Chapter 55

Working or processing carried out on non-originating materials that confers the status

of originating products

(3)


(2)

CN Code

(1)

- other

Woven fabrics, other than fabrics of paper yarn:

- printed or dyed

- other

Wadding of textile materials and articles therof;textile fibres not exceeding 5 mm in length (flock),textile dust and mill neps

Felt, whether or not impregnated, coated, coveredor laminated:

- printed or dyed

- impregnated, coated, covered or laminated

- other

Non-wovens, whether or not impregnated, coated,covered or laminated

- Printed or dyed


- other

Rubber thread and cord, textile covered; textileyarn, and strip and the like of heading No 5404 or5405, impregnated, coated, covered or sheathedwith rubber or plastics:

- Rubber thread and cord, textile covered

- other

Twine cordage, rope and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathedwith rubber or plastics

Manufacture from:

- natural fibres not carded or combed or otherwiseprocessed for spinning,

- grege silk or silk waste - chemical materials or textile pulp, or man-made

staple fibres, filament tow or waste of fibres, not carded or combed or otherwise prepared for spinning

Manufacture from yarn or Printing

or

dyeing of unbleached or prebleached fabrics,accompanied by preparatory or finishing operations (1) (2)


Manufacture from fibres


or

Printing or dyeing of unbleached or prebleachedfabrics, accompanied by preparatory or finishingoperations (1) (2)

Impregnation, coating, covering or laminating ofnon-wovens, unbleached (3)



or


Impregnation, coating, covering or laminating of non-wovens, unbleached (3)


Manufacture from rubber thread or cord, not textile covered

Impregnation, coating, covering or sheathing oftextile yarn and strip and the like, unbleached

Manufacture from fibres, coir yarn, synthetic or artificial filament yarn or monofilament

5601

5602

5603

5604

5607



(3)


(2)

CN Code

(1)


Linoleum, whether or not cut to shape; floor cov-erings consisting of a coating or covering appliedon a textile backing, whether or not cut to shape

Textile wall coverings

Rubberized textile fabrics, other than those of heading No 5902:

Textile fabrics otherwise impregnated, coated orcovered; painted canvas, being theatrical scenery,studio backcloths or the like

Textile wicks, woven, plaited or knitted, for lamps,stoves, lighters, candles and the like; incandes-cent gas mantles and tubular knitted gas mantlefabric therefor, whether or not, impregnated

Textile hosepiping and similar textile tubing withor without lining, amour or accessories or othermaterials

Transmission or conveyor belts or belting, of tex-tile material, whether or not reinforced with metalor other materials

Textile products and articles, for technical uses,specified in Note 7 to Chapter 59 of the combinednomenclature:

- polishing discs or rings other than of felt

- other

Manufacture from unbleached fabrics, felt or non-wovens

Manufacture from unbleached fabrics

or Printing or dyeing of unbleached or prebleachedfabrics, accompanied by preparatory or finishingoperations (1) (2)

Manufacture from bleached knitted or crochetedfabrics, or from other unbleached fabrics


or



Manufacture from yarn or fibres


Manufacture from yarn, waste fabrics or rags falling within CN code 6310


5904

5905

5906

5907

5908

5909

5910

5911

Ouvraison ou transformation appliquée à des matières non originaires confère le caractère

de produit originaire

(3)


(2)

CN Code

(1)

Articles of yarn, strip or the like falling with CN codes 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included

Carpets and other textile floor coverings:

Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery;

- embroidery in the piece, in strips or in motifs (CN code 5810)

- printed or dyed

- impregnated, coated or covered

- other

Textile fabrics coated with gum or amylaceoussubstances, of a kind used for the outer covers ofbooks or the like; tracing cloth; prepared paintingcanvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations

Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon:

Textile fabrics impregnated, coated, covered orlaminated with plastics, other than those fallingwithin CN code 5902

Manufacture from fibres, coir yarn, synthetic orartificial filament yarn or monofilament


Manufacture in which the value of the materialsused does not exceed 50% of the ex-works priceof the product


or


Manufacture from unbleached fabrics, felt or non-wovens





or


5609

5704

ex Chaptre 58

5901

5902

5903



(3)


(2)

CN Code

(1)


(1) The term "prebleached", used in the list in Annexe 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 beenwashed 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 thetransfer 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 Annexe IX means that all the operations following cutting of the fabric orknitting or crocheting of the fabric directly to shape have to be performed.

* see also the products excluded from the derogation procedure listed in ANNEXE X.

Knitted or crocheted fabrics

- printed or dyed

- other

Articles of apparel and clothing accessories, knitted or crocheted:

- obtained by sewing together or otherwiseassembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form

- Other

Articles of apparel and clothing accessories, not knitted or crocheted; except those fallingwithin CN codes 6213 and 6214 for which therules are set out below:

- finished or complete

- unfinished or incomplete

Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:

-embroidered

-Other


or



Complete making up (4)


Manufacture from yarn*




or

Manufacture from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40% of the ex-works price of the product*


Chaptre 60*

Chaptre 61

ex Chaptre 62*

6213 and 6214



(3)


Impregnation, coating, covering or laminating of felt or non-wovens, unbleached (3)



or

Manufacture from unembroidered knitted or crocheted fabric provided the value of theunembroidered knitted or crocheted fabric useddoes not exceed 40% of the ex-works price ofthe product



or

Manufacture from unembroidered fabric providedthe value of the unembroidered fabric useddoes not exceed 40% of the ex-works price of the product


Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of the product

Incorporation in a set in which the total value ofall the non-originating articles incorporated doesnot exceed 25% of the ex-works price of the set



(3)


(2)

CN Code

(1)

Blankets and travelling rugs, bed linen, tablelinen, toilet linen and kitchen linen; curtains(including drapes) and interior blinds; curtain andbed valances; other furnishing articles (excludingthose falling within CN code 9494); sacks andbags of a kind used for the packing of goods; tarpaulins, awnings, and camping goods;

- Of felt, of non-wovens:

- not impregnated, coated, covered or laminated


- other

- knitted or crocheted

- unembroidered

- embroidered

- not knitted or crocheted

- unembroidered

- embroidered

Other made-up textile articles, (including dresspatterns), except for fans and hand screens, non-mechanical, frames and handles therefor andparts of such frames and handles

- floor cloths, dish cloths, dusters and the like

- other

Sets consisting of woven fabric and yarn, whetheror not with accessories, for making up into rugs,tapestries, embroidered table cloths or serviettesor similar textile articles, put up in packings forretail sale

6301 to ex6306

6307

6308


(2)

CN Code

(1)


ANNEXE X TO PROTOCOL 1 Textile products excluded from the cumulation procedure

with certain developing countries referred to in Article 6(11) of this Protocol

6101 10 906101 20 90 6101 30 90

6102 10 906102 20 906102 30 90

6110 10 106110 10 316110 10 356110 10 386110 10 916110 10 956110 10 986110 20 916110 20 996110 30 916110 30 99

6203 41 106203 41 906203 42 316203 42 336203 42 356203 42 906203 43 196203 43 906203 49 196203 49 50

6204 61 106204 62 316204 62 336204 62 396204 63 186204 69 18

6211 32 426211 33 426211 42 426211 43 42

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 crocheted

Men’s or boys’woven breeches, shorts other than swimwear and trousers(including slacks); women’s or girls’woven trousers and slacks, ofwool, of cotton or of man-made fibres, lower parts of tracksuits withlining, other than category 16 or 29, of cotton or of man-made fibres

152 | Partnership Agreement ACP-CE

However, making-up shall not necessarily be considered as incomplete where one or moreefinishing 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 anddresses,

- 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 cases

It is possible that in particular manufacturing operations, the accomplishment of finishingoperations, especially in the case of a combination of operations, is of such importancethat 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.


29034100290342002903430029034410290344902903451029034515290345202903452529034530290345352903454029034545290345502903455529034590290346102903462029034690290347002903491029034920290349902903519029035910290359302903599029036100290362002903691029036990

Acyclic alcohols and theirhalogenated, sulphonatedderivatives:

29051100290512002905130029051410290514902905150029051610290516902905170029051910290519902905221029052290290529102905299029053100290532002905391029053990

290541002905420029054910290549512905495929054990290550102905503029055099

Phenols; phenol-alcohols:290711002907150029072210

Ethers, ether-alcohols,ether-phenols:

290911002909190029092000290930312909303929093090290941002909420029094300290944002909491029094990290950102909509029096000

Epoxides, epoxyalcohols,epoxyphenols andepoxyethols:

29102000

Aldehydes, whether or notwith other oxygenfunctions:

2912410029126000

Ketones and quinones,whether or not with otheroxygen fonctions:

2914110029142100

Saturated acyclicmonocarboxylic acids:

291511002915120029151300

2915210029152200291523002915240029152900291531002915320029153300291534002915350029153910291539302915395029153990291540002915500029156010291560902915701529157020291570252915703029157080291590102915902029159080

Unsaturated acyclicmonocarboxylic acids:

2916121029161220291612902916141029161490

Polycarboxylic acids, theiranhydrides, halides:

2917110029171400291735002917360029173700

Carboxylic acids withadditional oxygen function:

29181400291815002918220029189000

Amine-function compounds:29211110292111902921120029211910

Industrial Products

Salt (including table saltand denatured salt):

250100512501009125010099

Alkali or alkaline-earthmetals; rare-earth metals:

28051100280519002805210028052200280530102805309028054010

Ammonia, anhydrous or inaqueous solution:

2814100028142000

Sodium hydroxide (causticsoda):

2815110028151200

Zinc oxide; zinc peroxide:28170000

Artificial corundum:281810002818200028183000

Chromium oxides andhydroxides:

2819100028199000

Manganese oxides:2820100028209000

Titanium oxides:28230000

Hydrazine andhydroxylamine:

28258000

Chlorides, chloride oxidesand chloride hydroxides:

28271000

Sulphides; polysulphides:28301000

Phosphinates(hypophosphites),phosphonates:

2835100028352200283523002835240028352510283525902835261028352690283529102835299028353100283539102835393028353970

Carbonates;peroxocarbonates(percarbonates):

283620002836400028366000

Salts of oxometallic orperoxometallic acids:

28416100

Radioactive chemicalelements:

284430112844301928443051

Isotopes other than thoseof heading No 2844:

2845100028459010

Carbides, whether or notchemically defined:

2849200028499030

Hydrides, nitrides, azides,silicides and borides:

28500070

Cyclic hydrocarbons:29025000

Halogenated derivativesof hydrocarbons:

29031100290312002903130029031400290315002903160029031910290319902903210029032300290329002903301029033031290330332903303829033090

ANNEXE XI TO PROTOCOL 1Products for which the cumulation provisions

with South Africa referred to in Article 6(3) apply after 3 yearsfrom the provisional application of the Agreement on Trade,

Development and Cooperation between the European Community and the Republic of South Africa


390120003901300039019000

Polymers of propylene orof other olefins:

39021000390220003902300039029000

Polymers of styrene, inprimary forms:

3903110039031900390320003903300039039000

Polymers of vinylchloride:

390410003904210039042200390430003904400039045000390461903904690039049000

Polymers of vinyl acetate:39051200

Polyacetals, otherpolyethers and epoxideresins:

39072019390720903907609039079110390791903907991039079990

Other plates, sheets, film,foil and strip:

392010223920102839201040392010803920202139202029392020713920207939202090

3920300039204111392041193920419139204199392042113920421939204291392042993920510039205900392061003920621039206290392063003920690039207111392071193920719039207200392073103920735039207390392079003920910039209200392093003920940039209911392099193920995039209990

Other plates, sheets, film,foil and strip:

39219019

Articles for theconveyance or packing ofgoods:

39232100

Retreaded or usedpneumatic tyres of rubber:

401210304012105040121080401220904012901040129090

Inner tubes, of rubber:4013101040131090

401320004013901040139090

Leather of bovine or equine animals,without hair:

410410914104109541041099410421004104229041042900410431114104311941043130410431904104391041043990

Sheep or lamb skin leather, without wool on:

41052000

Leather of other animals,without hair on:

41071010410729104107901041079090

Chamois (includingcombination chamois)leather:

4108001041080090

Patent leather and patent laminated leather:

41090000

Composition leather with a basis of leather or leather:

41110000

Articles of apparel andclothing accessories:

4203100042032100420329104203299142032999

29211930292119902921210029212200292129002921301029213090292141002921421029214290292143102921439029214400292145002921491029214990292151102921519029215900

Oxygen-function amino-compounds:

292211002922120029221300292219002922210029222200292229002922300029224210292243002922498029225000

Carboxyamide-functioncompounds:

292421102924219029242930

Nitrile-function compounds:2926100029269090

Organo-sulphurcompounds:

29302000293090122930901429309016

Other organo-inorganiccompounds :

29310040

Heterocyclic compoundswith oxygen hetero-atom(s):

293212002932130029322100

Heterocyclic compoundswith nitrogen hetero-atom(s):

29336100

Sulphonamides:29350000

Mineral or chemicalfertilizers, nitrogenous:

31021010310210903102210031022900310230103102309031024010310240903102509031026000310270903102800031029000

Mineral or chemicalfertilizers, phosphatic:

3103101031031090

Mineral or chemicalfertilizers:

31051000310520103105209031053010310530903105401031054090310551003105590031056010310560903105909131059099

Tanning extracts ofvegetable origin:

3201200032019020

Other colouring matter:320611003206190032062000320630003206410032064200320643003206499032065000

Activated carbon;activated natural mineral products:

3802100038029000

Insecticides, rodenticides,fungicides, herbicides:

3808102038081030380830113808301338083015380830173808302138083023380830273808303038083090

Prepared rubberaccelerators; compoundplasticiser:

38123020

Organic compositesolvents and thinners:

38140090

Mixed alkylbenzenes andmixed alkylnaphthalenes:

38171010381710503817108038172000

Prepared binders forfoundry moulds or cores:

38249090

Polymers of ethylene, inprimary forms:

3901101039011090


Yarn of fine animal hair(carded or combed), not put up for retail sale:

51081010510810905108201051082090

Yarn of wool or of fineanimal hair, put up forretail sale:

51091010510910905109901051099090

Yarn of coarse animal hairor of horsehair:

51100000

Woven fabrics of cardedwool or of carded fineanimal hair:

511111115111111951111191511111995111191151111919511119315111193951111991511119995111200051113010511130305111309051119010511190915111909351119099

Woven fabrics of combedwool or of combed fineanimal hair:

511211105112119051121911511219195112199151121999511220005112301051123030

5112309051129010511290915112909351129099

Woven fabrics of coarseanimal hair or ofhorsehair:

51130000

Cotton sewing thread,whether or not put up for retail sale:

520411005204190052042000

Cotton yarn (other thansewing thread):

5205110052051200520513005205140052051510520515905205210052052200520523005205240052052600520527005205280052053100520532005205330052053400520535105205359052054100520542005205430052054400520546005205470052054800

Cotton yarn (other thansewing thread):

5206110052061200520613005206140052061510

52061590520621005206220052062300520624005206251052062590520631005206320052063300520634005206351052063590520641005206420052064300520644005206451052064590

Cotton yarn (other thansewing thread) put up for retail sale:

5207100052079000

Flax yarn:5306101153061019153061031530610395306105053061090530620115306201953062090

Yarn of other vegetabletextile fibres; paper yarn:

53082010530820905308300053089011530890135308901953089090

Woven fabrics of flax:530911115309111953091190530919105309199053092110

4203300042034000

Particle board and similar board of wood:

441011004410191044101930441019504410199044109000

Fibreboard of wood orother ligneous materials:

4411110044111900441121004411290044113100441139004411910044119900

Plywood, veneered panelsand similar laminatedwood:

4412131144121319441213904412140044121900441222104412229144122299441223004412292044122980441292104412929144129299441293004412992044129980

Builders’ joinery andcarpentry of wood:

4418101044181050441810904418201044182050441820804418301044189010

Wood marquetry and inlaidwood; caskets and cases:

4420901144209019

Articles of natural cork:450310104503109045039000

Plaits and similarproducts of plaitingmaterials:

46019910

Basketwork, wickerworkand other articles:

46029010

Registers, account books,note books, order books:

48201030

Children’s picture,drawing or colouringbooks:

49030000

Maps and hydrographic orsimilar charts of all kinds:

49051000

Transfers(decalcomanias):

4908100049089000

Printed or illustratedpostcards; printed cards:

4909001049090090

Calendars of any kind,printed, includingcalendars:

49100000

Other printed matter,including printed pictures:

49111010491110904911918049119900

Silk yarn (other than yarnspun from silk waste):

5004001050040090

Yarn spun from silk waste,not put up for retail sale:

5005001050050090

Silk yarn and yarn spunfrom silk waste, put up for retail sale:

5006001050060090

Woven fabrics of silk or of silk waste:

50071000500720115007201950072021500720315007203950072041500720515007205950072061500720695007207150079010500790305007905050079090

Yarn of carded wool, not put up for retail sale:

510610105106109051062011510620195106209151062099

Yarn of combed wool, not put up for retail sale:

5107101051071090510720105107203051072051510720595107209151072099


Artificial staple fibres, not carded, combed orotherwise:

5504100055049000

Waste (including noils,yarn waste):

550510105505103055051050550510705505109055052000

Synthetic staple fibres,carded, combed orotherwise:

550610005506200055063000550690105506909155069099

Artificial staple fibres,carded, combed orotherwise:

55070000

Sewing thread of man-made staple fibres:

5508101155081019550810905508201055082090

Yarn (other than sewingthread) of synthetic staplefibres:

55091100550912005509211055092190550922105509229055093110550931905509321055093290550941105509419055094210

5509429055095100550952105509529055095300550959005509611055096190550962005509690055099110550991905509920055099900

Yarn (other than sewingthread) of artificial staplefibres:

5510110055101200551020005510300055109000

Yarn (other than sewingthread) of man-made staplefibres:

551110005511200055113000

Wadding of textilematerials and articlesthereof:

560110105601109056012110560121905601221056012291560122995601290056013000

Felt, whether or notimpregnated:

56021011560210195602103156021035560210395602109056022100560229105602299056029000

Non-wovens, whether or not impregnated:

56031110560311905603121056031290560313105603139056031410560314905603911056039190560392105603929056039310560393905603941056039490

Rubber thread and cord,textile covered:

560410005604200056049000

Metallised yarn, whether or not gimped:

56050000

Gimped yarn, and strip:560600105606009156060099

Articles of yarn, strip:56090000

Carpets and other textilefloor coverings:

570110105701109157011093570110995701901057019090

Woven pile fabrics and chenille fabrics:

580110005801210058012200580123005801240058012500

530921905309291053092990

Woven fabrics of jute or ofother textile bast fibres:

531010105310109053109000

Woven fabrics of othervegetable textile fibres:

5311001053110090

Sewing thread of man-made filaments:

5401101154011019540110905401201054012090

Synthetic filament yarn(other than sewingthread):

5402101054021090540220005402311054023130540231905402320054023310540233905402391054023990540241105402413054024190540242005402431054024390540249105402499154024999540251105402513054025190540252105402529054025910540259905402611054026130

5402619054026210540262905402691054026990

Artificial filament yarn(other than sewingthread):

5403100054032010540320905403310054033200540333105403339054033900540341005403420054034900

Synthetic monofilament of 67 decitex or more:

5404101054041090540490115404901954049090

Artificial monofilament of 67 decitex or more:

54050000

Man-made filament yarn(other than sewingthread):

5406100054062000

Woven fabrics of syntheticfilament yarn:

54071000540720115407201954072090540730005407410054074200540743005407440054075100540752005407530054075400

540761105407613054076150540761905407691054076990540771005407720054077300540774005407810054078200540783005407840054079100540792005407930054079400

Woven fabrics of artificialfilament yarn:

5408100054082100540822105408229054082310540823905408240054083100540832005408330054083400

Synthetic filament tow:55011000550120005501300055019000

Artificial filament tow:5502001055020090

Synthetic staple fibres, not carded, combed orotherwise:

5503101155031019550310905503200055033000550340005503901055039090


591140005911901059119090

Pile fabrics, including"long pile" fabrics:

600110006001210060012200600129106001299060019110600191306001915060019190600192106001923060019250600192906001991060019990

Men’s or boys’ overcoats,car-coats, capes, cloaks:

6101101061011090610120106101209061013010610130906101901061019090

Women’s or girls’ overcoats,car-coats, capes, cloaks:

6102101061021090610220106102209061023010610230906102901061029090

Men’s or boys’ suits,ensembles, jackets,blazers:

61034110610341906103421061034290610343106103439061034910

6103499161034999

Women’s or girls’ suits,ensembles, jackets,blazers:

61045100610452006104530061045900610461106104619061046210610462906104631061046390610469106104699161046999

Men’s or boys’underpants, briefs,nightshirts, pyjamas:

61071100610712006107190061072100610722006107290061079110610791906107920061079900

Women’s or girls’ slips,petticoats, briefs, panties:

610811106108119061081910610819906108210061082200610829006108311061083190610832116108321961083290610839006108911061089190610892006108991061089990

T-shirts, singlets and other vests, knitted or crocheted:

610910006109901061099030

Track suits, ski suits and swimwear, knitted or crocheted:

611211006112120061121900611220006112311061123190611239106112399061124110611241906112491061124990

Garments, made up of knitted or crochetedfabrics:

6113001061130090

Other garments, knitted or crocheted:

61141000611420006114300061149000

Panty hose, tights,stockings, socks and other hosiery:

6115110061151200611519106115199061152011611520196115209061159100611592006115931061159330611593916115939961159900

580126005801310058013200580133005801340058013500580136005801901058019090

Terry towelling andsimilar woven terryfabrics:

58021100580219005802200058023000

Gauze, other than narrow fabrics:

5803100058039010580390305803905058039090

Tulles and other netfabrics, not includingwoven:

5804101158041019580410905804211058042190580429105804299058043000

Hand-woven tapestries of the type Gobelins:

58050000

Narrow woven fabrics:5806100058062000580631105806319058063210580632905806390058064000

Labels, badges andsimilar articles of textilematter:

58071010580710905807901058079090

Braids in the piece;ornamental trimmings:

5808100058089000

Woven fabrics of metalthread and woven fabrics:

58090000

Embroidery in the piece,in strips or in motifs:

5810101058101090581091105810919058109210581092905810991058109990

Quilted textile products in the piece:

58110000

Textile fabrics coated withgum:

5901100059019000

Tyre cord fabric of hightenacity yarn of nylon:

590210105902109059022010590220905902901059029090

Textile fabricsimpregnated, coated,covered:

59031010590310905903201059032090

590390105903909159039099

Linoleum, whether or not cut to shape:

59041000590491105904919059049200

Textile wall coverings:590500105905003159050039590500505905007059050090

Rubberized textile fabrics:5906101059061090590691005906991059069990

Textile fabrics otherwiseimpregnated, coated orcovered:

5907001059070090

Textile wicks, woven,plaited or knitted:

59080000

Textile hosepiping andsimilar textile tubing:

5909001059090090

Transmission or conveyorbelts or belting:

59100000

Textile products andarticles, for technical uses:

59111000591120005911311159113119591131905911321059113290


Other made up clothingaccessories:

6217100062179000

Blankets and travelling rugs:63011000630120106301209163012099630130106301309063014010630140906301901063019090

Sacks and bags:630510106305109063052000630532116305328163053289630532906305331063053391630533996305390063059000

Tarpaulins, awnings andsunblinds; tents; sails:

630611006306120063061900630621006306220063062900630631006306390063064100630649006306910063069900

Other made up articles,including dress patterns:

63071010630710306307109063072000630790106307909163079099

Sets consisting of woven fabric and yarn:

63080000

Worn clothing and other worn articles:

63090000

Waterproof footwear withouter soles and uppers ofrubber:

6401101064011090640191106401919064019210640192906401991064019990

Other footwear with outer soles and uppers of rubber:

6402121064021290640219006402200064023000640291006402991064029931640299396402995064029991640299936402999664029998

Footwear with outer soles of rubber, plastics,leather:

6403120064031900640320006403300064034000640351116403511564035119640351916403519564035199640359116403593164035935

6403593964035950640359916403599564035999640391116403911364039116640391186403919164039193640391966403919864039911640399316403993364039936640399386403995064039991640399936403999664039998

Footwear with outer soles of rubber, plastics,leather:

6404110064041910640419906404201064042090

Other footwear:64051010640510906405201064052091640520996405901064059090

Parts of footwear(including uppers):

6406101164061019640610906406201064062090640691006406991064069930640699506406996064069980

Gloves, mittens and mitts, knitted or crocheted:

611610206116108061169100611692006116930061169900

Other made up clothingaccessories, knitted orcrocheted:

6117100061172000611780106117809061179000

Men’s or boys’overcoats, car-coats, capes, cloaks:

62011100620112106201129062011310620113906201190062019100620192006201930062019900

Women’s or girls’overcoats, car-coats,capes, cloaks:

62021100620212106202129062021310620213906202190062029100620292006202930062029900


62034110620341306203419062034211

6203423162034233620342356203425162034259620342906203431162034319620343316203433962034390620349116203491962034931620349396203495062034990


6204510062045200620453006204591062045990620461106204618062046190620462116204623162046233620462396204625162046259620462906204631162046318620463316204633962046390620469116204691862046931620469396204695062046990

Men’s or boys’ shirts:6205100062052000620530006205901062059090

Men’s or boys’ singletsand other vests,underpants:

620711006207190062072100620722006207290062079110620791906207920062079900

Women’s or girls’ singletsand other vests, slips:

620811006208191062081990620821006208220062082900620891116208911962089190620892106208929062089900

Brassières, girdles, corsets,braces, suspenders:

62121000621220006212300062129000

Handkerchiefs:621310006213200062139000

Shawls, scarves, mufflers,mantillas, veils:

621410006214200062143000621440006214901062149090

Ties, bow ties and cravats:621510006215200062159000

Gloves, mittens and mitts:62160000


Nails, tacks, drawing pins, staples:

741510007415210074152900741531007415320074153900

Copper springs:74160000

Cooking or heating apparatus:

74170000

Table, kitchen or otherhousehold articles:

741811007418190074182000

Other articles of copper:741910007419910074199900

Aluminium bars, rods and profiles:

7604101076041090760421007604291076042990

Aluminium wire:76051100760519007605210076052900

Aluminium plates, sheets and strip:

7606111076061191760611937606119976061210760612507606129176061293760612997606910076069200

Aluminium foil:7607111076071190760719107607199176071999760720107607209176072099

Aluminium tubes and pipes:

76081090760820307608209176082099

Aluminium tube or pipe fittings:

76090000

Aluminium structures:761010007610901076109090

Aluminium reservoirs,tanks, vats:

76110000

Aluminium casks, drums, cans, boxes:

7612100076129010761290207612909176129098

Aluminium containers forcompressed or liquefied:

76130000

Stranded wire, cables, plaited bands and the like:

7614100076149000


76151100761519107615199076152000

Other articles of aluminium:

76161000761691007616991076169990

Unwrought lead:78011000780191007801999178019999

Tungsten (wolfram) and articles thereof,including waste:

8101100081019110

Molybdenum and articlesthereof, including waste:

810210008102911081029300

Magnesium and articlesthereof, including waste:

8104110081041900

Cadmium and articlesthereof, including waste:

81071010

Titanium and articlesthereof, including waste:

810810108108109081089030810890508108907081089090

Zirconium and articlesthereof, including waste:

8109101081099000

Antimony and articlesthereof, including waste:

8110001181100019

Unglazed ceramic flagsand paving, hearth or wall tiles:

6907100069079010690790916907909369079099

Glazed ceramic flags and paving, hearth or wall tiles:

69081010690810906908901169089021690890296908903169089051690890916908909369089099

Tableware, kitchenware,other household articles:

6911100069119000

Ceramic tableware,kitchenware, otherhousehold articles:

69120010691200306912005069120090

Statuettes and otherornamental ceramicarticles:

6913100069139010691390916913909369139099

Glassware of a kind usedfor table, kitchen:

70131000701321117013211970132191701321997013291070132951

70132959701329917013299970133110701331907013320070133910701339917013399970139110701391907013991070139990

Glass fibres (including glass wool):

701911007019120070191910701919907019310070193200701939107019399070194000701951107019519070195200701959107019599070199010701990307019909170199099

Other articles of precious metal:

7115901071159090

Ferro-alloys:720250007202700072029100720292007202993072029980

Copper bars, rods and profiles:

74071000740721107407219074072210

7407229074072900

Copper wire:740811007408191074081990740821007408220074082900

Copper plates, sheets and strip:

74091100740919007409210074092900740931007409390074094010740940907409901074099090

Copper foil, whether or not printed or backed with:

74101100741012007410210074102200

Copper tubes and pipes:7411101174111019741110907411211074112190741122007411291074112990

Copper tube or pipe fittings:

7412100074122000

Stranded wire, cables, plaited bands and the like:

7413009174130099

Cloth (including endlessbands), grill and netting:

7414200074149000


Prepared unrecordedmedia for soundrecording:

85233000

Records, tapes and other recorded media:

8524100085243200852439008524510085245200852453008524600085249900

Reception apparatus for radio-telephony:

8527121085271290852713108527139185271399852721208527215285272159852721708527219285272198852729008527311185273119852731918527319385273198852732908527391085273991852739998527909185279099

Reception apparatus for television:

85281214852812168528121885281222852812288528125285281254852812568528125885281262

852812668528127285281276852812818528128985281291852812988528130085282114852821168528211885282190852822008528301085283090

Parts suitable for usesolely or principally with:

852910208529103185291039852910408529105085291070852910908529905185299059852990708529908185299089

Electric sound or visualsignalling apparatus:

8531102085311030853110808531809085319090

Thermionic, cold cathodeor photocathode valves:

85401111854011138540111585401119854011918540119985401200854020108540203085402090854040008540500085406000

854071008540720085407900854081008540891185408919854089908540910085409900

Electronic integratedcircuits andmicroassemblies:

85421425

Insulated (includingenamelled or anodised)wire:

8544111085441190854419108544199085442000854430908544411085444190854449208544498085445100854459108544592085445980854460108544609085447000

Motor vehicles for thetransport of ten or morepersons:

8702109187021099870290318702903987029090

Motor vehicles for thetransport of goods:

8704101187041019870410908704211087042191870421998704221087042310

Beryllium, chromium,germanium, vanadium,gallium:

811220318112302081123090811291108112913181129930

Cermets and articlesthereof, including waste:

8113002081130040

Nuclear reactors; fuelelements (cartridges):

84011000840130008401401084014090

Hydraulic turbines, waterwheels, and regulators:

8410110084101200841013008410901084109090

Turbo-jets, turbo-propellers and other gas turbines:

84111190841112908411219084112290841181908411829184118293841182998411919084119990

Air or vacuum pumps, airor other gas compressors:

84141030841410508414109084142091841420998414303084143091

84143099841440108414409084145190841459308414595084145990841460008414802184148029841480318414803984148041841480498414806084148071841480798414809084149090

Fork-lift trucks; other works trucks:

842710108427109084272011842720198427209084279000

Sewing machines, other than book-sewingmachines:

845210118452101984521090845221008452290084523010845230908452400084529000

Electro-mechanicaldomestic appliances:

8509101085091090850920008509300085094000850980008509901085099090

Electric instantaneous or storage water heaters:

85162991851631108516319085164010851640908516500085166070851671008516720085167980

Turntables (record-decks),record-players, cassette-players:

85191000851921008519290085193100851939008519400085199331851993398519938185199389851999128519991885199990

Magnetic tape recordersand other soundrecording:

85201000852032198520325085203291852032998520331985203390852039108520399085209090

Video recording orreproducing apparatus:

852110308521108085219000

Parts and accessories:85221000852290308522909185229098


Mattress supports; articles of bedding:

940410009404211094042190940429109404299094043010940430909404901094049090

Lamps and lightingfittings includingsearchlights:

94051021940510299405103094051050940510919405109994052011940520199405203094052050940520919405209994053000940540109405403194054035940540399405409194054095940540999405500094056091940560999405911194059119940591909405929094059990

Prefabricated buildings:94060010940600319406003994060090

Other toys; reduced-size("scale") models:

95031010

950310909503201095032090950330109503303095033090950341009503491095034930950349909503500095036010950360909503700095038010950380909503901095039032950390349503903595039037950390519503905595039099

Brooms, brushes:96031000960321009603291096032930960329909603301096033090960340109603409096035000960390109603909196039099

Agricultural Products

Live horses, asses, mules and hinnies:

0101199001012090

Other live animals:01060020

Edible offal of bovineanimals, swine, sheep,goat:

02063021

020641910206809102069091

Meat and edible offal:020713910207149102072691020727910207359102073689

Other meat and ediblemeat offal, fresh, chilled:

020810110208101902089010020890500208906002089080

Meat and edible meatoffal, salted, in brine,dried:

02109010021090600210907902109080

Birds’ eggs, in shell, fresh,preserved or cooked:

04070090

Edible products of animalorigin, not elsewhere sp:

04100000

Bulbs, tubers, tuberousroots, corms, crowns:

0601203006012090

Other live plants(including their roots),cutting:

060220900602300006024010060240900602901006029030060290410602904506029049

8704311087043191870431998704321087049000

Special purpose motor vehicles:

87051000870520008705300087054000870590108705903087059090

Works trucks, self-propelled, not fitted withlift:

870911108709119087091910870919908709901087099090

Motor-cycles (including mopeds):

87111000871120108711209187112093871120988711301087113090871140008711500087119000

Bicycles and other cycles:871200108712003087120080

Photocopying apparatus:9009110090091200900921009009221090092290900930009009901090099090

Liquid crystal devices:90131000

90132000901380119013801990138030901380909013901090139090

Wrist-watches, pocket-watches and other watches:

91011100910112009101190091012100910129009101910091019900

Wrist-watches, pocket-watches and otherwatches:

91021100910212009102190091022100910229009102910091029900

Clocks with watch movements:

9103100091039000

Other clocks:91051100910519009105210091052900910591009105991091059990

Pianos, includingautomatic pianos;harpsichords:

92011010920110909201200092019000

Revolvers and pistols:9302001093020090

Other firearms and similar devices:

9303100093032030930320809303300093039000

Other arms (for example,spring, air or gas guns):

93040000

Parts and accessories of articles of heading Nos 9…:

930510009305210093052910930529309305298093059090

Bombs, grenades,torpedoes, mines,missiles:

930610009306210093062940930629709306301093063091930630939306309893069090

Seats (other than those of heading No 9402):

94012000940190109401903094019080

Other furniture and parts thereof:

9403401094034090940390109403903094039090


Animal or vegetable fats and oils:

1516101015161090151620911516209615162098

Margarine; edible mixtures:

151710901517909115179099

Animal or vegetable fats and oils:

151800101518009115180099

Sausages and similarproducts, of meat, meatoffal:

16010010

Extracts and juices of meat,fish or crustaceans:

16030010

Molasses:1703100017039000

Cocoa paste, whether or not defatted:

1803100018032000

Cocoa butter, fat and oil:18040000

Cocoa powder, not containing added sugar or other:

18050000

Vegetables, fruit, nuts and other edible parts:

2001906020019070200190752001908520019091

Other vegetablesprepared or preservedotherwise:

20049030


200570102005709020059010200590302005905020059060200590702005907520059080

Vegetables, fruit, nuts,fruit-peel and other parts:

20060091

Fruit, nuts and otheredible parts of plants:

2008111020081192200811962008191120081913200819512008199320083071200891002008921220089214200892322008923420089236200892382008991120089919200899382008994020089947

Fruit juices (including grape must):

200980362009803820098088200980892009809520098096

Yeasts (active or inactive):21023000

Sauces and preparationstherefor:

210310002103309021039090

Soups and broths andpreparations therefor:

210410102104109021042000

Food preparations notelsewhere specified:

21069092

Waters, including mineralwaters and aerated water:

2202100022029010

Other fermentedbeverages (for example,cider):

220600312206003922060051220600592206008122060089

Undenatured ethylalcohol of an alcoholicstrength:

220850112208501922085091220850992208601122086091220860992208701022087090220890112208901922089057220890692208907422089078

0602905106029059060290700602909106029099

Foliage, branches andother parts of plants:

06049121060491290604914906049990

Potatoes, fresh or chilled:0701905907019090

Onions, shallots, garlic,leeks:

07032000

Other vegetables, fresh or chilled:

07091040070951300709520007096099070990310709907107099073

Vegetables (uncooked or cooked by steaming or boiling:

07108059

Vegetables provisionallypreserved:

07119010

Dried vegetables, whole,cut, sliced, broken:

07129005

Other nuts, fresh or dried,whether or not shelled:

08021290

Dates, figs, pineapples,avocados, guavas, mangoes:

08041000

Citrus fruit, fresh or dried:08054095

Grapes, fresh or dried:080620910806209208062098

Apricots, cherries,peaches (includingnectarines):

08094010 (12)08094090

Other fruit, fresh:08104050

Fruit and nuts, uncookedor cooked by steaming:

081120190811205108112090081190310811905008119085

Fruit and nuts,provisionally preserved:

08129040

Fruit, dried:08131000081330000813403008134095

Coffee, whether or notroasted or decaffeinated:

09011200090121000901220009019090

Cloves (whole fruit, cloves and stems):

09070000

Ginger, saffron, turmeric(curcuma), thyme, bay leaf:

0910401309104019091040900910919009109999

Seeds, fruit and spores, of a kind used for sowing:

1209110012091900

Locust beans, seaweedsand other algae, sugar beet:

12129200

Pig fat (including lard)and poultry fat:

15010090

Lard stearin, lard oil,oleostearin, oleo-oil:

15030090

Ground-nut oil and itsfractions, whether or not refined:

1508109015089090

Palm oil and its fractions,whether or not refined:

151190111511901915119099

Coconut (copra), palmkernel or babassu oil:

15131191151311991513191115131919151319911513199915132130151321901513291115132919151329501513299115132999

Other fixed vegetable fats and oils:

1515199015152190151529901515501915155099151590291515903915159051151590591515909115159099


Industrial Products (1)

Woven fabrics of cotton,containing 85% or more:

520811105208119052081211520812135208121552081219520812915208129352081295520812995208130052081900520821105208219052082211520822135208221552082219520822915208229352082295520822995208230052082900520831005208321152083213520832155208321952083291520832935208329552083299520833005208390052084100520842005208430052084900

5208510052085210520852905208530052085900

Woven fabrics of cotton,containing 85% or more:

5209110052091200520919005209210052092200520929005209310052093200520939005209410052094200520943005209491052094990520951005209520052095900

Woven fabrics of cotton,containing less than 85%:

521011105210119052101200521019005210211052102190521022005210290052103110521031905210320052103900521041005210420052104900

521051005210520052105900

Woven fabrics of cotton,containing less than 85%:

5211110052111200521119005211210052112200521129005211310052113200521139005211410052114200521143005211491052114990521151005211520052115900

Other woven fabrics of cotton:521211105212119052121210521212905212131052121390521214105212149052121510521215905212211052122190521222105212229052122310521223905212241052122490

ANNEXE XII TO PROTOCOL 1

Products for which the cumulation provisions with South Africareferred to in Article 6(3) apply after 6 years from

the provisional application of the Agreement on Trade,Development and Co-operation between

the European Community and the Republic of South Africa

Preparations of a kindused in animal feeding:

23091090230990912309909323099098

Unmanufactured tobacco;tobacco refuse:

2401103024011050240110702401108024011090240120302401204924012050240120802401209024013000

Cigars, cheroots,cigarillos and cigarettes:

24021000240220102402209024029000

Other manufacturedtobacco and manufacturedtobacco:

2403101024031090240391002403991024039990

Casein, caseinates andother casein derivatives:

350110903501901035019090

Albumins:35029070

Industrial monocarboxylicfatty acids; acid oils:

38231200


57024210570242905702491057024990570251005702520057025900570291005702920057029900

Carpets and other textilefloor coverings, tufted:

57031010570310905703201115703201957032091570320995703301157033019570330515703305957033091570330995703901057039090

Carpets and other textilefloor coverings, of felt:

5704100057049000

Other carpets and othertextile floor coverings:

57050010570500315705003957050090

Other knitted or crocheted fabrics:

60021010600210906002201060022031600220396002205060022070600220906002301060023090600241006002421060024230

600242506002429060024311600243196002433160024333600243356002433960024350600243916002439360024395600243996002490060029100600292106002923060029250600292906002931060029331600293336002933560029339600293916002939960029900


6103110061031200610319006103210061032200610323006103290061033100610332006103330061033900


6104110061041200610413006104190061042100610422006104230061042900

610431006104320061043300610439006104410061044200610443006104440061044900

Men’s or boys’ shirts,knitted or crocheted:

6105100061052010610520906105901061059090

Women’s or girls’ blouses,shirts and shirt-blouses:

610610006106200061069010610690306106905061069090

T-shirts, singlets and other vests, knitted or crocheted:

61099090

Jerseys, pullovers,cardigans, waistcoats and similar:

6110101061101031611010356110103816110109161101095611010986110201061102091611020996110301061103091611030996110901061109090

Babies’ garments andclothing accessories,knitted:

61111010

5212251052122590

Woven fabrics of synthetic staple fibres:

551211005512191055121990551221005512291055122990551291005512991055129990


5513111055131130551311905513120055131300551319005513211055132130551321905513220055132300551329005513310055133200551333005513390055134100551342005513430055134900


5514110055141200551413005514190055142100551422005514230055142900551431005514320055143300

5514390055144100551442005514430055144900

Other woven fabrics ofsynthetic staple fibres:

551511105515113055151190551512105515123055151290551513115515131955151391551513995515191055151930551519905515211055152130551521905515221155152219551522915515229955152910551529305515299055159110551591305515919055159211551592195515929155159299551599105515993055159990

Woven fabrics of artificial staple fibres:

5516110055161200551613005516140055162100551622005516231055162390551624005516310055163200

55163300551634005516410055164200551643005516440055169100551692005516930055169400

Twine, cordage, ropes and cables:

5607100056072100560729105607299056073000560741005607491156074919560749905607501156075019560750305607509056079000

Knotted netting of twine,cordage or rope:

5608111156081119560811915608119956081911560819195608193156081939560819915608199956089000

Carpets and other textilefloor coverings, woven:

5702100057022000570231105702313057023190570232105702329057023910570239905702411057024190


6303991063039990

Other furnishing articles:6304110063041910630419306304199063049100630492006304930063049900


Hydrogen, rare gases and other non-metals:

28046900

Colloidal precious metals;inorganic or organic:

284310902843300028439090

Oxygen-function amino-compounds:

29224100

Pig iron and spiegeleisenin pigs, blocks or other:

7201101172011019720110307201200072015090

Ferro-alloys:72021120720211807202190072022110720221907202290072023000720241107202419172024199720249107202495072024990

Ferrous products obtainedby direct reduction:

72039000

Ferrous waste and scrap;remelting scrap ingots:

72045090

Iron and non-alloy steel in ingots or other:

7206100072069000

Semi-finished products ofiron or non-alloy steel:

72071111720711147207111672071210720719117207191472071916720719317207201172072015720720177207203272072051720720557207205772072071

Flat-rolled products ofiron or non-alloy steel:

720810007208250072082600720827007208360072083710720837907208381072083890720839107208399072084010720840907208511072085130720851507208519172085199720852107208529172085299720853107208539072085410

7208549072089010


72091500720916107209169072091710720917907209181072091891720918997209250072092610720926907209271072092790720928107209289072099010


721011107210121172101219721020107210301072104110721049107210501072106110721069107210703172107039721090317210903372109038


721113007211141072111490721119207211199072112310721123517211292072119011

611110906111201061112090611130106111309061119000


620311006203120062031910620319306203199062032100620322106203228062032310620323806203291162032918620329906203310062033210620332906203331062033390620339116203391962033990


62041100620412006204130062041910620419906204210062042210620422806204231062042380620429116204291862042990620431006204321062043290620433106204339062043911

6204391962043990620441006204420062044300620444006204491062044990

Women’s or girls’ blouses,shirts and shirt-blouses:

620610006206200062063000620640006206901062069090

Babies’ garments andclothing accessories:

62091000620920006209300062099000

Garments, made up of fabrics ofheading No 5602, 5:

62101010621010916210109962102000621030006210400062105000

Track suits, ski suits and swimwear; other garments:

621111006211120062112000621131006211321062113231621132416211324262113290621133106211333162113341621133426211339062113900

621141006211421062114231621142416211424262114290621143106211433162114341621143426211439062114900

Bed linen, table linen,toilet linen and kitchenlinen:

63021010630210906302210063022210630222906302291063022990630231106302319063023210630232906302391063023930630239906302400063025110630251906302520063025310630253906302590063026000630291106302919063029200630293106302939063029900

Curtains (includingdrapes) and interiorblinds:

630311006303120063031900630391006303921063039290


Bars and rods, hot-rolled:7227100072272000722790107227905072279095

Other bars and rods of other alloy steel:

7228101072281030722820117228201972282030722830207228304172283049722830617228306972283070722830897228601072287010722870317228801072288090

Sheet piling of iron or steel:

73011000

Railway or tramway trackconstruction material:

730210317302103973021090730220007302401073029010

Tubes, pipes and hollowprofiles, of cast iron:

7303001073030090

Tube or pipe fittings (for example couplings):

73071110730711907307191073071990730721007307221073072290

730723107307239073072910730729307307299073079100730792107307929073079311730793197307939173079399730799107307993073079990

Reservoirs, tanks, vatsand similar containers:

7309001073090030730900517309005973090090

Tanks, casks, drums, cans, boxes and similarcontainers:

731010007310211073102191731021997310291073102990

Containers forcompressed or liquefied gas:

731100107311009173110099

Stranded wire, ropes,cables, plaited bands:

731210307312105173121059731210717312107573121079731210827312108473121086731210887312109973129090

Barbed wire of iron or steel:

73130000

Chain and parts thereof, of iron or steel:

73151110731511907315120073151900731520007315810073158210731582907315890073159000

Screws, bolts, nuts, coachscrews, screw hooks:

73181100731812107318129073181300731814107318149173181499731815107318152073181530731815417318154973181551731815597318156173181569731815707318158173181589731815907318161073181630731816507318169173181699731819007318210073182200731823007318240073182900

Sewing needles, knittingneedles, bodkins, crochets:

7319100073192000


72121010721210917212201172123011721240107212409172125031721250517212601172126091


Other bars and rods ofiron or non-alloy steel:

721420007214300072149110721491907214991072149931721499397214995072149961721499697214998072149990

Other bars and rods ofiron or non-alloy steel:

72159010

Angles, shapes andsections of iron or non-alloy steel:

7216100072162100721622007216311172163119721631917216319972163211

7216321972163291721632997216331072163390721640107216409072165010721650917216509972169910

Stainless steel in ingotsor other primary forms:

7218100072189111721891197218991172189920

Flat-rolled products of stainless steel:

7219110072191210721912907219131072191390721914107219149072192110721921907219221072192290721923007219240072193100721932107219329072193310721933907219341072193490721935107219359072199010

Flat-rolled products of stainless steel:

7220110072201200722020107220901172209031


Other bars and rods ofstainless steel:

7222111172221119722211217222112972221191722211997222191072221990722230107222401072224030

Other alloy steel in ingotsor other primary forms:

72241000722490017224900572249008722490157224903172249039

Flat-rolled products of other alloy steel:

722511007225191072251990722520207225300072254020722540507225408072255000722591107225921072259910

Flat-rolled products of other alloy steel:

72261110722619107226193072262020722691107226919072269210722693207226942072269920



Motor cars and other motor vehicles:

87031010870310908703211087032190870322118703221987032290870323118703231987032390870324108703249087033110870331908703321187033219870332908703331187033319870333908703901087039090

Chassis fitted with engines:

87060011870600198706009187060099

Bodies (including cabs),for the motor vehicles:

87071010870710908707901087079090

Parts and accessories of the motor vehicles:

8708101087081090870821108708219087082910

8708299087083110870831918708319987083910870839908708401087084090870850108708509087086010870860918708609987087010870870508708709187087099870880108708809087089110870891908708921087089290870893108708939087089410870894908708991087089930870899508708999287089998


Unwrought aluminium:76011000760120107601209176012099

Aluminium powders and flakes:

7603100076032000

Agricultural Products (1)

Live horses, asses, mules and hinnies:

01012010

Milk and cream, not concentrated:

040110100401109004012011040120190401209104012099040130110401301904013031040130390401309104013099

Buttermilk, curdled milkand cream, yogurt, kephir:

040310110403101304031019040310310403103304031039

Potatoes, fresh or chilled:07019051

Leguminous vegetables,shelled or unshelled,fresh or chilled:

0708102007081095


0709519007096010

Vegetables (uncooked or cooked by steaming or boiled):

07108095

ANNEXE XIII TO PROTOCOL 1Products to which Article 6(3) shall not be applicable

7319300073199000

Springs and leaves forsprings, of iron or steel:

73201011732010197320109073202020732020817320208573202089732090107320903073209090

Stoves, ranges, grates, cookers:

73211110732111907321120073211300732181107321819073218210732182907321830073219000

Radiators for central heating:

732211007322190073229090


73231000732391007323920073239310732393907323941073239490732399107323999173239999

Sanitary ware and partsthereof, of iron or steel:

732410907324210073242900

73249090

Other cast articles of iron or steel:

7325102073251050732510917325109973259100732599107325999173259999

Other articles of iron or steel:

7326110073261910732619907326203073262050732620907326901073269030732690407326905073269060732690707326908073269091732690937326909573269097

Unwrought zinc:7901110079011210790112307901129079012000

Zinc dust, powders and flakes:

7903100079039000

Motor vehicles for the transport of ten or more persons:

87021011870210198702901187029019

Motor vehicles for the transport of goods:

870421318704213987042291870422998704239187042399870431318704313987043291


07093000070940000709511007095150070970000709901007099020070990400709905007099090

Vegetables (uncooked or cooked by steaming or boiled):

07101000071021000710220007102900071030000710801007108051071080610710806907108070071080800710808507109000


07112010071140000711904007119090

Dried vegetables, whole, cut, sliced, broken:

0712200007123000071290300712905007129090

Manioc, arrowroot, salep,Jerusalem artichokes:

0714901107149019

Other nuts, fresh or dried,whether or not shelled:

08021190080221000802220008024000

Bananas, including plantains,fresh or dried:

0803001108030090

Dates, figs, pineapples,avocados, guavas,mangoes:

08042010

Citrus fruit, fresh or dried:08052021 (1) (12)08052023 (1) (12)08052025 (1) (12)08052027 (1) (12)08052029 (1) (12)0805309008059000

Grapes, fresh or dried:0806109508061097

Apples, pears and quinces, fresh:

08081010 (12)08082010 (12)08082090


08091010 (12)08091050 (12)08092019 (12)08092029 (12)08093011 (7) (12)08093019 (12)08093051 (8) (12)08093059 (12)08094040 (12)



0811201108112031

0811203908112059081190110811901908119039081190750811908008119095


0812901008129020

Fruit, dried:08132000

Wheat and meslin:10019010

Buckwheat, millet and canary seed;other cereals:

100810001008200010089090

Flour, meal, powder,flakes, granules andpellets:

1105100011052000

Flour, meal and powder of the dried leguminousvegetables:

110610001106301011063090

Fats and oils and their fractions, of fish:

15043011

Other prepared or preserved meat, meat offal:

16022011160220191602311116023119160231301602319016023219


07111000071130000711906007119070

Dates, figs, pineapples,avocados, guavas,mangoes:

0804209008043000080440200804409008044095

Grapes, fresh or dried:08061029 (3) (12)080620110806201208062018

Melons (includingwatermelons) and papaws(papayas):

0807110008071900


08093011 (5) (12)08093051 (6) (12)



081210000812200008129050081290600812907008129095

Fruit, dried:081340100813501508135019081350390813509108135099

Pepper of the genus Piper;dried or crushed:

09042010

Soya-bean oil and its fractions:

15071010150710901507901015079090

Sunflower-seed, saffloweror cotton-seed oil:

15121110151211911512119915121910151219911512199915122110151221901512291015122990

Rape, colza or mustard oiland fractions thereof:

15141010151410901514901015149090


20081959

Fruit juices (includinggrape must):

200920992009409920098099

Unmanufactured tobacco;tobacco refuse:

24011010240110202401104124011049240110602401201024012020240120412401206024012070


Cut flowers and flower buds:

060310550603106106031069 (11)

Onions, shallots, garlic, leeks:

07031011070310190703109007039000

Cabbages, cauliflowers,kohlrabi, kale and similar:

070410050704101007041080070420000704901007049090

Lettuce (Lactuca sativa)and chicory:

070511050705111007051180070519000705210007052900

Carrots, turnips, saladbeetroot, salsify, celeriac:

070610000706900507069011070690170706903007069090

Leguminous vegetables,shelled or unshelled,fresh or chilled:

0708109007082020070820900708209507089000


07091030 (12)


Other fermentedbeverages (for example,cider):

22060010

Wine lees; argol:23070019

Vegetable materials and vegetable waste:

23089019


Live swine:010391100103921101039219

Live sheep and goats:010410300104108001042090

Live poultry, that is to say,fowls of the species:

01051111010511190105119101051199010512000105192001051990010592000105930001059910010599200105993001059950

Meat of swine, fresh,chilled or frozen:

020311100203121102031219020319110203191302031915020319550203195902032110020322110203221902032911

02032913020329150203295502032959

Meat of sheep or goats,fresh, chilled or frozen:

020410000204210002042210020422300204225002042290020423000204300002044100020442100204423002044250020442900204431002044390020450110204501302045015020450190204503102045039020450510204505302045055020450590204507102045079

Meat and edible offal:020711100207113002071190020712100207129002071310020713200207133002071340020713500207136002071370020713990207141002071420020714300207144002071450

020714600207147002071499020724100207249002072510020725900207261002072620020726300207264002072650020726600207267002072680020726990207271002072720020727300207274002072750020727600207277002072780020727990207321102073215020732190207325102073259020732900207331102073319020733510207335902073390020735110207351502073521020735230207352502073531020735410207355102073553020735610207356302073571020735790207359902073611020736150207362102073623

16023230160232901602392916023940160239801602419016024290160290311602907216029076


2001100020012000200190502001906520019096

Mushrooms and truffles,prepared or preserved:

20031020200310302003108020032000


2004101020041099200490502004909120049098


200510002005202020052080200540002005510020055900

Vegetables, fruit, nuts, fruit-peel:

20060031200600352006003820060099

Jams, fruit jellies,marmalades, fruit or nut puree:

2007109120079993


200811942008119820081919200819952008199920082051200820592008207120082079200820912008209920083011200830392008305120083059200840112008402120084029200840392008601120086031200860392008605920086069200860792008609920087011200870312008703920087059200880112008803120088039200880502008807020088091200880992008992320089925200899262008992820089936200899452008994620089949

200899532008995520089961200899622008996820089972200899742008997920089999


2009111920091191200919192009199120091999200920192009209120093019200930312009303920093051200930552009309120093095200930992009401920094091200980192009805020098061200980632009807320098079200980832009808420098086200980972009901920099029200990392009904120099051200990592009907320099079200990922009909420099095200990962009909720099098


Dried vegetables, whole,cut, sliced, broken:

07129019

Manioc, arrowroot, salep,Jerusalem artichokes:

07141010071410910714109907142090

Citrus fruit, fresh or dried:08051037 (2) (12)08051038 (2) (12)08051039 (2) (12)08051042 (2) (12)08051046 (2) (12)08051082080510840805108608052011 (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)08061093


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)



0811101108111019

Wheat and meslin:100110001001909110019099

Rye:10020000

Barley:1003001010030090

Oats:10040000

Buckwheat, millet and canary seed;other cereals:

10089010

Wheat or meslin flour:110100111101001511010090

Cereal flours other than ofwheat or meslin:

1102100011029010

1102903011029090

Cereal groats, meal and pellets:

1103111011031190110312001103191011031930110319901103210011032910110329201103293011032990

Cereal grains otherwise worked:

11041110110411901104121011041290110419101104193011041999110421101104213011042150110421901104219911042220110422301104225011042290110422921104229911042911110429151104291911042931110429351104293911042951110429551104295911042981110429851104298911043010

Flour, meal and powder of the dried leguminousvegetables:

1106201011062090

02073625020736310207364102073651020736530207366102073663020736710207367902073690

Pig fat, free of lean meat,and poultry fat:

02090011020900190209003002090090

Meat and edible meatoffal, salted, in brine:

02101111021011190210113102101139021011900210121102101219021012900210191002101920021019300210194002101951021019590210196002101970021019810210198902101990021090110210901902109021021090290210903102109039

Milk and cream,concentrated:

04029111040291190402913104029139040291510402915904029191

04029199040299110402991904029931040299390402999104029999


040390510403905304039059040390610403906304039069

Whey, whether or notconcentrated:

040410480404105204041054040410560404105804041062040410720404107404041076040410780404108204041084

Cheese 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 orcooked:

040700110407001904070030

Birds’ eggs, not in shell,and egg yolks, fresh:

0408118004081981040819890408918004089980

Natural honey:04090000

Tomatoes, 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


07091010 (12)07091020 (12)070920000709903907099075 (12)07099077 (12)07099079 (12)


07112090


Bran, sharps and other residues:

23023010230230902302401023024090

Oil-cake and other solidresidues:

23069019

Preparations of a kindused in animal feeding:

230910132309101523091019230910332309103923091051230910532309105923091070230990332309903523099039230990432309904923099051230990532309905923099070

Albumins:35021190350219903502209135022099



040310510403105304031059040310910403109304031099040390710403907304039079040390910403909304039099

Butter and other fats andoils derived from milk:

0405201004052030

Vegetable saps and extracts; pectic substances:

1302201013022090

Margarine:1517101015179010

Other sugars, includingchemically pure lactose:

1702500017029010

Sugar confectionery(including whitechocolate):

1704101117041019170410911704109917049010170490301704905117049055170490611704906517049071170490751704908117049099

Chocolate and other food preparations:

180610151806102018061030180610901806201018062030180620501806207018062080180620951806310018063210180632901806901118069019

180690311806903918069050180690601806907018069090

Malt extract; foodpreparations of flour,meal:

1901100019012000190190111901901919019099

Pasta, whether or not cooked or stuffed:

190211001902191019021990190220911902209919023010190230901902401019024090

Tapioca and substitutes:19030000

Prepared foods:190410101904103019041090190420101904209119042095190420991904901019049090

Bread, pastry, cakes,biscuits:

19051000190520101905203019052090190530111905301919053030190530511905305919053091

Malt, whether or not roasted:

1107101111071019110710911107109911072000

Locust beans, seaweeds and otheralgae, sugar beet:

1212912012129180

Pig fat (including lard)and poultry fat:

15010019

Olive oil and its fractions,whether or not refined:

150910101509109015099000

Other oils and their fractions:

1510001015100090

Degras:1522003115220039

Sausages and similarproducts, of meat, meat offal:

1601009116010099


1602100016022090160232111602392116024110160242101602491116024913160249151602491916024930160249501602499016025031

160250391602508016029010160290411602905116029069160290741602907816029098


1702110017021900


19022030


20071099200791902007999120079998


20082011200820312008301920083031200830792008309120083099200840192008403120085011200850192008503120085039200850512008505920086019200860512008606120086071200860912008701920087051200880192008921620089218

200899212008993220089933200899342008993720089943


200911112009191120092011200930112009305920094011200950102009509020098011200980322009803320098035200990112009902120099031

Food preparations notelsewhere specified:

21069051

Wine of fresh grapes,including fortified wines:

22041019 (11)22041099 (11)220421102204218122042182220421982204219922042910220429582204297522042998220429992204301022043092 (12)22043094 (12)22043096 (12)22043098 (12)

Undenatured ethylalcohol:

22082040



22042179 (11)22042180 (11)22042183 (11)22042184 (11)


Live bovine animals:0102900501029021010290290102904101029049010290510102905901029061010290690102907101029079

Meat of bovine animals,fresh or chilled:

020110000201202002012030020120500201209002013000

Meat of bovine animals,frozen:

0202100002022010020220300202205002022090020230100202305002023090

Edible offal of bovineanimals, swine, sheep,goats:

020610950206299102062999

Meat and edible meatoffal, salted, in brine:

021020100210209002109041

0210904902109090

Milk and cream,concentrated:

0402101104021019040210910402109904022111040221170402211904022191040221990402291104022915040229190402299104022999


040390110403901304039019040390310403903304039039

Whey, whether or not concentrated:

040410020404100404041006040410120404101404041016040410260404102804041032040410340404103604041038040490210404902304049029040490810404908304049089

Butter and other fats andoils derived from milk:

0405101104051030

0405105004051090040520900405901004059090


0603101106031013060310210603102506031053


07099060

Vegetables (uncooked or cooked by steaming or boiling):

07104000


07119030

Bananas, includingplantains, fresh or dried:

08030019

Citrus fruit, fresh or dried:08051001 (12)08051005 (12)08051009 (12)08051011 (12)08051015 (2)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)

1905309919054010190540901905901019059020190590301905904019059045190590551905906019059090

Vegetables, fruit, nuts:20019040

Other vegetables:20041091

Other vegetables:20052010


2008998520089991

Fruit juices (includinggrape must):

20098069

Extracts, essences andconcentrates, of coffee:

210111112101111921011292210112982101209821013011210130192101309121013099

Yeasts (active or inactive):2102101021021031210210392102109021022011

Sauces and preparationstherefor; mixedcondiments:

21032000

Ice cream and other edible ice:

210500102105009121050099

Food preparations not elsewhere specified or included:

2106102021061080210690102106902021069098

Waters, including mineralwaters and aerated water:

220290912202909522029099

Vinegar and substitutesfor vinegar:

22090011220900192209009122090099

Acyclic alcohols and theirhalogenated derivatives:

290543002905441129054419290544912905449929054500

Mixtures of odoriferoussubstances and mixtures:

330210103302102133021029

Finishing agents, dye carriers:

38091010380910303809105038091090

Prepared binders forfoundry moulds or cores:

3824601138246019

3824609138246099



06031015 (11)06031029 (11)06031051 (11)06031065 (11)06039000 (11)


08111090 (11)


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)


20091199 (11)20094030 (11)20097011 (11)20097019 (11)20097030 (11)20097091 (11)20097093 (11)20097099 (11)


Other vegetablesprepared or preserved:

20049010

Other vegetablesprepared or preserved:

2005600020058000


200710102007911020079130200799102007992020079931200799332007993520079939200799512007995520079958


200830552008307520089251200892762008929220089293200892942008929620089297


2009409320096011 (12)20096019 (12)20096051 (12)20096059 (12)20096071 (12)20096079 (12)20096090 (12)200980712009904920099071

Food preparations notelsewhere specified orincluded:

21069030

2106905521069059


22042194220429622204296422042965220429832204298422042994

Vermouth and other wine of fresh grapes:

22051010220510902205901022059090


2207100022072000


22084010220840902208909122089099

Bran, sharps and other residues:

23021010230210902302201023022090

Residues of starchmanufacture and similarresidues:

23031011

Dextrins and othermodified starches:

350510103505109035052010350520303505205035052090


Cheese and curd:0406201004064010040640500406900204069003040690040406900504069006040690070406900804069009040690120406901404069016040690180406901904069023040690250406902704069029040690310406903304069035040690370406903904069061040690630406907304069075040690760406907904069081040690820406908404069085


22041011220410912204211122042112220421132204211722042118220421192204212222042124220421262204212722042128

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):1005109010059000

Rice:10061010100610211006102310061025100610271006109210061094100610961006109810062011100620131006201510062017100620921006209410062096100620981006302110063023

100630251006302710063042100630441006304610063048100630611006306310063065100630671006309210063094100630961006309810064000

Grain sorghum:1007001010070090

Cereal flours other than of wheat or meslin:

110220101102209011023000

Cereal groats, meal and pellets:

1103131011031390110314001103294011032950

Cereal grains otherwiseworked:

11041950110419911104231011042330110423901104239911043090

Starches; inulin:11081100110812001108130011081400110819101108199011082000

Wheat gluten, whether or not dried:

11090000


1602501016029061

Cane or beet sugar andchemically pure sucrose:

17011110170111901701121017011290170191001701991017019990


17022010170220901702301017023051170230591702309117023099170240101702409017026010170260901702903017029050170290601702907117029075170290791702908017029099


20019030

Tomatoes prepared or preserved:

2002101020021090200290112002901920029031200290392002909120029099


Fish Products (1)

Live fish:030110900301920003019911

Fish, fresh or chilled,excluding fish fillets:

0302120003023110030232100302331003023911030239190302660003026921

Fish, frozen, excluding fish fillets:

030310000303220003034111030341130303411903034212030342180303423203034238030342520303425803034311030343130303431903034921030349230303492903034941030349430303494903037600030379210303792303037929

Fish fillets and other fish meat:

03041013

03042013


19022010

Fish Products (2)

Live fish:030191100301930003019919


03021110030219000302211003022130030222000302620003026300030265200302655003026590030269110302691903026931030269330302694103026945030269510302698503026986030269920302699903027000


03032110030329000303311003033130030333000303391003037200

0303730003037520030375500303759003037911030379190303793503037937030379450303795103037960030379620303798303037985030379870303799203037993030379940303799603038000


0304101903041091030420190304202103042029030420310304203303042035030420370304204103042043030420610304206903042071030420730304208703042091030490100304903103049039030490410304904503049057

ANNEXE XIV TO PROTOCOL 1Fishery products to which Article 6(3)

shall temporarily not be applicable

2204213222042134220421362204213722042138220421422204214322042144220421462204214722042148220421622204216622042167220421682204216922042171220421742204217622042177220421782204218722042188220421892204219122042192220421932204219522042196220421972204291222042913220429172204291822042942220429432204294422042946220429472204294822042971220429722204298122042982220429872204298822042989220429912204299222042993220429952204299622042997

Undenatured ethyl alcohol:

22082012220820142208202622082027220820622208206422082086220820872208301122083019220830322208303822083052220830582208307222083078220890412208904522089052

(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-operationbetween the EuropeanCommunity and the Republic ofSouth Africa, the annual growthfactor (agf ) will be appliedannually to the relevant basicquantities.

(12) Under the Agreement on Trade,Development and Co-operationbetween the EuropeanCommunity and the Republic of South Africa, the full specificduty is payable if the respectiveEntry Price is not reached.


030269350302695503026961030269750302698703026991030269930302699403026995


030331900303320003033920030339300303398003034190030342900303439003034990030350050303509803036011030360190303609003037110030371300303719003037198030374100303742003037490030377000303793103037941030379550303796503037971030379750303799103037995


030410310304103303041035030410380304109403041096030410980304204503042051

030420530304207503042079030420810304208503042096030490050304902003049027030490350304903803049051030490550304906103049065

Fish, dried, salted or in brine; smoked fish:

03051000030520000305301103053019030530300305305003053090030541000305491003054920030549300305494503054950030549800305511003055190030559110305591903055930030559600305599003056100030562000305691003056920

Crustaceans, whether inshell or not, live, fresh:

0306133003061930030623310306233903062930

Prepared or preservedfish; caviar and caviarsubstitutes:

1604121016041291160412991604141216041414160414161604141816041490160419311604193916042070

Fish Products (5)


0302696503026981

Fish, frozen, excludingfish fillets:

030378100303789003037981


03042083


1604131916041600160420401604205016042090

0304905903049097

Fish, dried, salted or in brine; smoked fish:

03054200030559500305597003056300030569300305695003056990

Crustaceans, whether inshell or not, live, fresh:

03061110030611900306121003061290030613100306139003061410030614300306149003061910030619900306210003062210030622910306229903062310030623900306241003062430030624900306291003062990

Molluscs, whether in shell or not, live, fresh:

0307109003072100030729100307299003073110030731900307391003073990030741100307419103074199030749010307491103074918

030749310307493303074935030749380307495103074959030749710307499103074999030751000307591003075990030791000307991103079913030799150307991803079990


160411001604139016041511160415191604159016041910160419501604199116041992160419931604199416041995160419981604200516042010160420301604301016043090

Crustaceans, molluscs andother aquatic invertebra:

16051000160520101605209116052099160530001605400016059011160590191605903016059090

Fish Products (3)

Live fish:03019190


03021190


03032190


030410110304201103042057030420590304904703049049


16041311

Fish Products (4)

Live fish:03019990


0302219003022300030229100302299003023190030232900302339003023991030239990302400503024098030250100302509003026110030261300302619003026198030264050302649803026925


information between the parties,should apply only to products, whichthe Community considers, insofar as itis concerned, as sensitive.

The implementation of this mechanismwill be the subject of a joint agreementon the basis of data to be furnished bythe Community and with the help of sta-tistical information to be communicatedby the ACP States to the Commission atthe latter’s request.

For the effective implementation of thismechanism it is necessary that the ACPStates concerned provide theCommission, as far as possible on amonthly basis, with statistics relating totheir exports to the Community and toeach of its Member States of productsconsidered by the Community to besensitive.

b) A procedure for regular consultation.

The statistical surveillance mechanismmentioned above will enable the twoParties better to follow the trends intrade likely to cause concern. On thebasis of this information and in accord-ance with Article 9 (5), the Communityand the ACP States will have the possi-bility of holding periodic consultationsin order to ensure that the objectives ofthat Article are fulfilled. These consult-ations will take place at the request ofeither Party.

5. If the conditions of application of safe-guard measures as provided for inArticle 8 are fulfilled, it would be theresponsibility of the Community, inaccordance with Article 9(1) relating toprior consultations concerning theapplication of safeguard measures, toenter immediately into consultationswith the ACP States concerned by pro-viding them with all the informationnecessary for those consultations,especially the necessary data fromwhich to determine to what extentimports of a specific product from anACP State or States have caused or

threatened to cause serious injury tothe Community’s domestic producers oflike or directly competitive products orserious disturbances in a sector of theeconomy of the Community or difficul-ties which could bring about seriousdeterioration in the economic situationof a region of the Community.

6. If no other arrangement has been con-cluded in the meanwhile with the ACPState or States concerned, the compe-tent authorities of the Community may,at the end of the twenty-one day periodprovided for in respect of those consul-tations, take the appropriate measuresfor the implementation of Article 8.These measures shall be communi-cated immediately to the ACP Statesand become immediately applicable.

7. This procedure would apply withoutprejudice to measures, which could betaken in the event of special factorswithin the meaning of Article 9(3). Inthis case all relevant information will besupplied promptly to the ACP States.

8. In this case, the interests of the leastdeveloped, landlocked and island ACPStates will receive particular attention,in accordance with Article 2 of theAgreement.

ANNEXE XVTO PROTOCOL 1

Joint declaration on cumulation

The Parties agreed that, for the implemen-tation of Article 6(11) of Protocol 1, the fol-lowing definitions shall apply:

developing country: any country listed assuch by the Development Aid Committeeof the OECD except the High IncomeCountries (HIC) and the countries with aGNP exceeding in 1992 100 billion dollarsat current prices;

the expression "neighbouring developingcountry belonging to a coherent geograph-ical entity" shall refer to the following listof countries:

- Africa: Algeria, Egypt, Libya, Morocco,Tunisia;

- Caribbean: Colombia, Costa Rica, Cuba,El Salvador, Guatemala, Honduras,Nicaragua, Panama, Venezuela;

- Pacific: Nauru.

PROTOCOL 2on the implementation

of Article 9

1. The Parties agree that every endeavourshould be made to avoid recourse beinghad to the safeguard measures providedfor under Article 8.

2. Both Parties are guided by the convictionthat the implementation on Article 9(4)and (5) would enable them to recog-nize, at an early stage, problems whichcould arise and, taking account of allrelevant factors, avoid as far as possi-ble recourse to measures which theCommunity would prefer not to adoptvis-à-vis its preferential trading part-ners.

3. Both Parties acknowledge the need forimplementation of the mechanism ofadvance information provided for underArticle 9 (4), the objective of which is tolimit, in the case of sensitive products,the risks of sudden or unforeseenrecourse to safeguard measures. Thesearrangements will permit the mainte-nance of a regular flow of trade infor-mation and the simultaneous imple-mentation of regular consultation pro-cedures. Thus the two Parties will be ina position to follow closely the trends inthe sensitive sectors and detect prob-lems which could arise.

4. The following two procedures resultfrom this :

a) The statistical surveillance mechanismWithout prejudice to internal arrange-ments that the Community may applyto control its imports, Article 9 (4) pro-vides for the institution of a mechanismintended to ensure statistical surveil-lance of certain ACP exports to theCommunity and thus facilitate theexamination of occurrences such as tocause market disturbances.

This mechanism, the sole objective ofwhich is to facilitate the exchange of


Article 3 (3) in respect of the period upto 30 June 1975, which shall also beregarded as a delivery period.

2. The quantities to be delivered up to30 June 1975, referred to in Article 3 (3),shall include supply en route from portof shipment or, in the case of land-locked States, across frontiers.

3. Deliveries of ACP cane sugar in theperiod up to 30 June 1975 shall benefitfrom the guaranteed prices applicablein the delivery period beginning 1 July1975. Identical arrangements may bemade for subsequent delivery periods.

ARTICLE 5

1. White or raw sugar shall be marketed onthe Community market at prices freelynegotiated between buyers and sellers.

2. The Community shall not intervene ifand when a Member State allows sell-ing prices within its borders to exceedthe Community’s threshold price.

3. The Community undertakes to purchase,at the guaranteed price, quantities ofwhite or raw sugar, within agreed quan-tities, which cannot be marketed in theCommunity at a price equivalent to or inexcess of the guaranteed price.

4. The guaranteed price, expressed inunits of account, shall refer to un-packed sugar, cif European ports of theCommunity, and shall be fixed inrespect of standard quality sugar. Itshall be negotiated annually, within theprice range obtaining in the Commu-nity, taking into account all relevanteconomic factors, and shall be decidedat the latest by 1 May immediately pre-ceding the delivery period to which itwill apply.

ARTICLE 6

Purchase at the guaranteed price, referredto in Article 5 (3), shall be assuredthrough the medium of the interventionagencies or of other agents appointed bythe Community.

ARTICLE 7

1. If, during any delivery period, a sugar-exporting ACP State fails to deliver itsagreed quantity in full for reasons offorce majeure the Commission shall, atthe request of the State concerned,allow the necessary additional periodfor delivery.

2. If a sugar-exporting ACP State informsthe Commission during the course of adelivery period that it will be unable todeliver its agreed quantity in full andthat it does not wish to have theadditional period referred to inparagraph 1, the shortfall shall bereallocated by the Commission fordelivery during the delivery period inquestion. Such reallocation shall bemade by the Commission after con-sultation with the States concerned.

3. If, during any delivery period, a sugar-exporting ACP State fails to deliver itsagreed quantity in full for reasons otherthan force majeure, that quantity shallbe reduced in respect of each sub-sequent delivery period by the un-delivered quantity.

4. It may be decided by the Commissionthat, in respect of subsequent deliveryperiods, the undelivered quantity shallbe reallocated between the other States,which are referred to in Article 3. Suchreallocation shall be made in consulta-tion with the States concerned.

ARTICLE 8

1. At the request of one or more of theStates supplying sugar under the termsof this Protocol, or of the Community,consultations relating to all measuresnecessary for the application of thisProtocol shall take place within anappropriate institutional framework tobe adopted by the Contracting Parties.For this purpose the institutions estab-lished by the Convention may be usedduring the period of application of theConvention.

PROTOCOL 3CONTAINING THE TEXT OF

PROTOCOL 3 ON ACP SUGAR

appearing in the ACP-EEC Convention ofLomé signed on 28 February 1975 and thecorresponding declarations annexed tothat Convention

PROTOCOL 3on ACP sugar

ARTICLE 1

1. The Community undertakes for an indef-inite period to purchase and import, atguaranteed prices, specific quantities ofcane sugar, raw or white, which originatein the ACP States and which these Statesundertake to deliver to it.

2. The safeguard clause in Article 10 of theConvention shall not apply. The imple-mentation of this Protocol is carried outwithin the framework of the manage-ment of the common organization of thesugar market which, however, shall inno way prejudice the commitment of theCommunity under paragraph 1.

ARTICLE 2

1. Without prejudice to Article 7, no changein this Protocol may enter into force untila period of five years has elapsed fromthe date on which the Convention entersinto force. Thereafter, such changes asmay be agreed upon will come into forceat a time to be agreed.

2. The conditions for implementing theguarantee referred to in Article 1 shallbe re-examined before the end of theseventh year of their application.

ARTICLE 3

1. Quantities of cane sugar referred to inArticle 1, expressed in metric tons of whitesugar, hereinafter referred to as "agreedquantities", for delivery in each 12-monthperiod referred to in Article 4 (1), shall beas follows:

Barbados 49 300Fiji 163 600Guyana 157 700Jamaica 118 300Kenya 5 000Madagascar 10 000Malawi 20 000Mauritius 487 200Swaziland 116 400Tanzania 10 000Trinidad and Tobago 69 000Uganda 5 000People’s Republic

of Congo 10 000

2. Subject to Article 7, these quantities maynot be reduced without the consent ofthe individual States concerned.

3. Nevertheless, in respect of the periodup to 30 June 1975, the agreed quan-tities, expressed in metric tons of whitesugar, shall be as follows:

Barbados 29 600Fiji 25 600Guyana 29 600Jamaica 83 800Madagascar 2 000Mauritius 65 300Swaziland 19 700Trinidad and Tobago 54 200

ARTICLE 4

1. In each 12-month period from 1 July to30 June inclusive, hereinafter referredto as the "delivery period", the sugar-exporting ACP States undertake todeliver the quantities referred to inArticle 3 (1), subject to any adjustmentsresulting from the application of Art-icle 7. A similar undertaking shall applyequally to the quantities referred to in


ANNEXE TO PROTOCOL 3

Exchange of Letters betweenthe Dominican Republic andthe community concerningthe Protocol on ACP sugar

Letter N° 1, from the Government of the Dominican Republic

Sir,

I have the honour to confirm that theDominican Republic wishes neither nownor in the future, to accede to the Protocolon ACP sugar annexed to the ACP-EECConvention. The Dominican Republicaccordingly undertakes not to apply toaccede to the said Protocol. It will write aletter to this effect to the ACP Group ofStates. I should be obliged if you wouldacknowledge receipt of this letter. Pleaseaccept, Sir, the assurance of my highestconsideration.

Letter N° 2, from the President of theCouncil of the European Communities

Sir,

I have the honour to acknowledge receiptof your letter of today’s date which readsas follows:

"I have the honour to confirm that theDominican Republic wishes neither nownor in the future, to accede to the Protocolon ACP sugar annexed to the ACP-EECConvention.

The Dominican Republic accordinglyundertakes not to apply to accede to thesaid Protocol. It will write a letter to thiseffect to the ACP Group of States."

The Community confirms its agreement onthe content of that letter.

Please accept, Sir, the assurance of myhighest consideration.


Agreement

In the form of an exchange of letters betweenthe European Economic Community andBarbados, Belize, the People’s Republic ofthe Congo, Fiji, the Cooperative Republic ofGuyana, Jamaica, the Republic of Kenya, theDemocratic Republic of Madagascar, theRepublic of Malawi, Mauritius, the Republicof Surinam, the Kingdom of Swaziland, theUnited Republic of Tanzania, Trinidad andTobago, the Republic of Uganda, theRepublic of Zimbabwe and Saint Christopherand Nevis on the accession of the last-men-tioned country to Protocol 7 on ACP sugarannexed to the Second ACP-EEC Convention.

Letter N° 1

Brussels,

Sir,

The representatives of the ACP Statesreferred to in Protocol 7 on ACP sugarannexed to the Second ACP-EEC Conventionand of the Commission on behalf of theEuropean Economic Community, haveagreed on the following:

- Saint Christopher and Nevis is herebyincluded in Article 3 (1) of the saidProtocol with an agreed quantity of14 800 tonnes with effect from the day onwhich it accedes to the Second ACP-EECConvention.

Up to this date, the provisions of AnnexeIV to Council Decision 80/1186/EEC of16 December 1980 on the association ofthe overseas countries and territories withthe European Economic Community shallremain applicable.

I should be obliged if you would acknow-ledge receipt of this letter and confirmthat this letter and your reply constitutean Agreement between the Governments

2. In the event of the Convention ceasingto be operative, the sugar-supplyingStates referred to in paragraph 1 andthe Community shall adopt the appro-priate institutional provisions to ensurethe continued application of the provi-sions of this Protocol.

3. The periodical reviews provided forunder this Protocol shall take placewithin the agreed institutional frame-work.

ARTICLE 9

Special types of sugar traditionally de-livered to Member States by certain sugar-exporting ACP States shall be included in,and treated on the same basis as, thequantities referred to in Article 3.

ARTICLE 10

The provisions of this Protocol shallremain in force after the date specified inArticle 91 of the Convention. After thatdate the Protocol may be denounced bythe Community with respect to each ACPState and by each ACP State with respectto the Community, subject to two years’notice.


Declarations on Protocol 3

1. Joint declaration concerning possiblerequests for participation in the provi-sions of Protocol 3. Any request from anACP State Contracting Party to theConvention not specifically referred to inProtocol 3 to participate in the provisionsof that Protocol shall be examined(1).

2. Declaration by the Community concern-ing sugar originating in Belize, St-Kitts-Nevis-Anguilla and Suriname.

a) The Community undertakes to adopt thenecessary measures to ensure the sametreatment 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 periodup to 30 June 1975, the quantities shallbe as follows:

Belize 14 800 tons St-Kitts-Nevis-Anguilla 7 900 tons(2)

3. Declaration by the Community onArticle 10 of Protocol 3.

The Community declares that Article 10 ofProtocol 3 providing for the possibility ofdenunciation in that Protocol, under theconditions set out in that Article, is for thepurposes of juridical security and doesnot represent for the Community anyqualification or limitation of the principlesenunciated in Article 1 of that Protocol (3).

(1) Annexe XIII to the Final Act of the ACP – EEC Convention.(2) Annexe XXI to the Final Act of the ACP – EEC Convention.(3) Annexe XXII to the Final Act of the ACP – EEC Convention.


Letter n° 2

Sir...,


"The representatives of the ACP Statesreferred to in Protocol 7 on ACP sugarannexed to the Second ACP-EECConvention of the Republic of Zimbabweand of the Commission, on behalf of theEuropean Economic Community, haveagreed on the following.

The Republic of Zimbabwe is herebyincluded in Article 3 (1) of the saidProtocol with an agreed quantity of25 000 tonnes with effect from 1 July 1982,and in respect of the period up to 30 June1982 with an agreed quantity of6 000 tonnes.

I should be obliged if you would acknow-ledge receipt of this letter and confirmthat this letter and your reply constitutean Agreement between the Governmentsof the abovementioned ACP States andthe Community."

I have the honour to confirm the agree-ment of the Governments of the ACPStates referred o in this letter with theforegoing.


For the Governments


Agreement

In the form of an exchange of lettersbetween the European EconomicCommunity and Barbados, Belize, thePeople’s Republic of the Congo, Fiji, theCooperative Republic of Guyana, Jamaica,the Republic of Kenya, the DemocraticRepublic of Madagascar, the Republic ofMalawi, Mauritius, the Republic ofSurinam, the Kingdom of Swaziland, theUnited Republic of Tanzania, Trinidad andTobago, the Republic of Uganda, theRepublic of Zimbabwe and the Republic ofthe Ivory Coast on the Accession of thelast-mentioned country to Protocol 7 onACP sugar annexed to the Second ACP-EEC Convention.

Letter n° 1

Sir,

The African, Caribbean and Pacific Groupof States referred to in Protocol 7 on ACPsugar annexed to the Second ACP-EECConvention, the Republic of the IvoryCoast and the European EconomicCommunity have agreed on the following.

The Republic of the Ivory Coast is herebyincluded in Article 3 (1) of the saidProtocol with effect from 1 July 1983 withan immediate agreed quantity of2 000 tonnes (white value).

I should be obliged if you would acknow-ledge receipt of this letter and confirmthat this letter and your reply constitutean Agreement between the Governmentsof the abovementioned ACP States andthe Community.


On behalf of the Council of the European Communities

of the above-mentioned ACP States andthe Community.


For the Council of the European Communities

Letter N° 2

Sir,

I have the honour to acknowledge receipt ofyour letter of today’s date which reads asfollows:

"The representatives of the ACP Statesreferred to in Protocol 7 on ACP sugarannexed to the Second ACP-EEC Conventionand of the Commission on behalf of theEuropean Economic community, haveagreed on the following:

- Saint Christopher and Nevis is herebyincluded in Article 3 (1) of the said Protocolwith an agreed quantity of 14 800 tonneswith effect from the day on which it accedesto the Second ACP-EEC Convention.

Up to this date, the provisions of Annexe IVto Council Decision 80/1186/EEC of16 December 1980 on the association of theoverseas countries and territories with theEuropean Economic Community shallremain applicable.

I should be obliged if you would acknow-ledge receipt of this letter and confirm thatthis letter and your reply constitute anAgreement between the Governments ofthe abovementioned ACP States and theCommunity."

I have the honour to confirm that theGovernments of the ACP States referred toin your letter are in agreement with the con-tents thereof.


For the Governments


Agreement

In the form of an exchange of lettersbetween the European EconomicCommunity and Barbados, the People’sRepublic of the Congo, Fiji, theCooperative Republic of Guyana, Jamaica,the Republic of Kenya, the DemocraticRepublic of Madagascar, the Republic ofMalawi, Mauritius, the Republic ofSurinam, the Kingdom of Swaziland, theUnited Republic of Tanzania, Trinidad andTobago, the Republic of Uganda and theRepublic of Zimbabwe on the Accession ofthe latter country to Protocol 7 on ACPsugar annexed to the Second ACP-EECConvention.

Letter n° 1

Sir...,

The representatives of the ACP Statesreferred to in Protocol 7 on ACP sugarannexed to the Second ACP-EECConvention, of the Republic of Zimbabweand of the Commission, on behalf of theEuropean Economic Community, haveagreed on the following.

The Republic of Zimbabwe is hereby in-cluded in Article 3(1) of the said Protocolwith an agreed quantity of 25 000 tonneswith effect from 1 July 1982, and in respectof the period up to 30 June 1982 with anagreed quantity of 6 000 tonnes.

I should be obliged if you would acknow-ledge receipt of this letter and confirmthat this letter and your reply constitutean Agreement between the Government ofthe abovementioned ACP States and theCommunity.


On behalf of the Council of the European Communities


Convention, the Republic of Zambia andthe European Community have agreed onthe following.

The Republic of Zambia is hereby includedin Article 3 (1) of the said Protocol witheffect from 1 January 1995 with an agreedquantity of 0 tonnes.

I should be obliged if you would acknow-ledge receipt of this letter and confirmthat this letter and your reply constituteand Agreement between the Governmentsof the abovementioned ACP States andthe European Community."

I have the honour to confirm the agree-ment of the Governments of the ACPStates referred to in your letter with thecontents thereof.

Please accept, Sir, the assurance of myhighest consideration

For the Governments of the ACP Statesreferred to in Protocol No 8

and of the Republic of Zambia

PROTOCOL 4on beef and veal

The Community and the ACP States agreeto take the special measures set outbelow to enable ACP States which aretraditional exporters of beef and veal tomaintain their position on the Communitymarket, thus guaranteeing a certain levelof income for their producers.

ARTICLE 1

Within the limits referred to in Article 2,customs duties other than ad valoremduties applicable to beef and veal origin-ating in the ACP States shall be reducedby 92%.

ARTICLE 2

Without prejudice to Article 4, the reduc-tion in customs duties provided for inArticle 1 shall apply to the following quan-tities expressed in boneless meat per cal-endar year and per country:

Botswana 18 916 tonsKenya 142 tonsMadagascar 7 579 tonsSwaziland 3 363 tonsZimbabwe 9 100 tonsNamibia 13 000 tons

ARTICLE 3

In the event of an actual or foreseeablerecession in these exports due to disas-ters such as drought, cyclones or animaldiseases, the Community is willing to con-sider appropriate measures to ensure thatquantities affected for these reasons inany year can be delivered in the followingyear.

ARTICLE 4

If, in the course of a given year, one of theACP States referred to in Article 2 is not ina position to supply the total quantityfixed and does not wish to benefit fromthe measures referred to in Article 3, theCommission may share out the amount tobe made up among the other ACP Statesconcerned. In such a case, the ACP Statesconcerned shall put forward a proposal to the Commission, not later than1 September of that year, naming the ACPState or States which will be in a positionto supply the new additional quantity, atthe same time indicating to it the ACPState which is not in a position to supplythe full amount allocated to it, on theunderstanding that this new temporaryallocation will not affect the initialquantities.

The Commission shall ensure that a deci-sion is taken by 15 November at the latest.

Letter n° 2

Sir,


"The African, Caribbean and Pacific Groupof States referred to in Protocol 7 on ACPsugar annexed to the Second ACP-EECConvention, the Republic of the IvoryCoast and the European EconomicCommunity have agreed on the following.

The Republic of the Ivory Coast is herebyincluded in Article 3 (1) of the saidProtocol with effect from 1 July 1983 withan immediate agreed quantity of2 000 tonnes (white value).

I should be obliged if you would acknow-ledge receipt of this letter and confirmthat this letter and your reply constitutean Agreement between the Governmentsof the abovementioned ACP States andthe Community."

I have the honour to confirm the agree-ment of the Governments of the ACPStates referred to in your letter with thecontents thereof.


For the Governments


Agreement

In the form of an Exchange of Lettersbetween the European Community andBarbados, Belize, the Republic of theCongo, Fiji, the Cooperative Republic ofGuyana, the Republic of Côte d’Ivoire,Jamaica, the Republic of Kenya, theRepublic of Madagascar, the Republic ofMalawi, the Republic of Mauritius, theRepublic of Suriname, Saint Christopher

and Nevis, the Kingdom of Swaziland, theUnited Republic of Tanzania, the Republicof Trinidad and Tobago, the Republic ofUganda, the Republic of Zambia and theRepublic of Zimbabwe on the accession ofthe Republic of Zambia to Protocol No 8on ACP Sugar annexed to the Fourth ACP-EEC Convention.

A. Letter n° 1

Brussels,

Sir,

The African, Caribbean and Pacific (ACP)States referred to in Protocol No 8 on ACPSugar annexed to the Fourth ACP-EECConvention, the Republic of Zambia andthe European Community have agreed onthe following.

The Republic of Zambia is hereby includedin Article 3 (1) of the said Protocol witheffect from 1 January 1995 with an agreedquantity of 0 tonnes.

I should be obliged if you would acknow-ledge receipt of this letter confirm thatthis letter and your reply constitute anAgreement between the Governments ofthe abovementioned ACP States and theEuropean Community.


On behalf of the Council of the European Union

B. Letter n° 2

Brussels,

Sir,

I have the honour to acknowledge receiptof your letter of today which reads as fol-lows:

"The African, Caribbean and Pacific (ACP)States referred to in Protocol No 8 on ACPSugar annexed to the Fourth ACP-EEC


ANNEXE VILIST OF THE LEAST DEVELOPED,LANDLOCKED AND ISLAND ACP

STATES (LDLICS)

The following lists comprise ACP least-developed, landlocked and Island States

LEAST-DEVELOPED ACP STATES

ARTICLE 1

Under this Agreement, the following coun-tries shall be considered least-developedACP States:

Angola LesothoBenin LiberiaBurkina Faso MalawiBurundi MaliRepublic of Mauritania

Cape Verde MadagascarCentral African Mozambique

Republic NigerChad RwandaComoro Islands SamoaDemocratic SâoTome

Republic and Principeof Congo Sierra Leone

Djibouti SolomonEthiopia IslandsEritrea SomaliaGambia SudanGuinea TanzaniaGuinea (Bissau) TuvaluGuinea Togo

(Equatorial) UgandaHaïti VanuatuKiribati Zambia

LANDLOCKED ACP STATES

ARTICLE 2

Specific measures and provisions havebeen made to support landlocked ACPStates in their efforts to overcome thegeographical difficulties and the otherobstacles hampering their developmentso as to enable them to speed up theirrespective rates of growth.

ARTICLE 3

The landlocked ACP States are:

Botswana MaliBurkina Faso NigerBurundi RwandaCentral African Republic SwazilandChad UgandaEthiopia ZambiaLesotho ZimbabweMalawi

ISLAND ACP STATES

ARTICLE 4

Specific measures and provisions havebeen made to support island ACP States intheir efforts to overcome the natural andgeographical difficulties and the otherobstacles hampering their developmentso as to enable them to speed up theirrespective rates of growth.

ARTICLE 5

List of island ACP States:

Antigua and Papua New Guinea Barbuda Saint Kitts and

Bahamas Nevis Barbados Saint Lucia Cape Verde Saint Vincent andthe Comoros Grenadines Dominica Samoa Dominican SâoTome and

Republic PrincipeFiji SeychellesGrenada Solomon IslandsHaiti TongaJamaica Trinidad andKiribati TobagoMadagascar TuvaluMauritius Vanuatu

ARTICLE 5

This Protocol shall be implemented inaccordance with the common marketorganization in the beef and veal sector,which, however, shall not affect the obli-gations entered into by the Communityunder this Protocol.

ARTICLE 6

Should the safeguard clause in Article 8(1)of the Annexe be applied in the beef andveal sector, the Community will take thenecessary measures to maintain the vol-ume of exports from the ACP States to theCommunity at a level compatible with itsobligations under this Protocol.

PROTOCOL 5The Second Banana Protocol

ARTICLE 1

The Parties recognise the overwhelmingeconomic importance to the ACP bananasuppliers of their exports to theCommunity market. The Communityagrees to examine and where necessarytake measures aimed at ensuring the con-tinued viability of their banana exportindustries and the continuing outlet fortheir bananas on the Community market.

ARTICLE 2

Each of the ACP States concerned and theCommunity shall confer in order to deter-mine the measures to be implemented soas to improve the conditions for the pro-duction and marketing of bananas. Thisaim shall be pursued through all the meansavailable under the arrangements of theConvention for financial, technical, agricul-tural, industrial and regional co-operation.The measures in question shall bedesigned to enable the ACP States, part-icularly Somalia, account being taken oftheir individual circumstance, to become

more competitive. Measures will be imple-mented at all stages from production toconsumption and will cover the followingfields in particular:

- Improvement of conditions of productionand enhancement of quality throughaction in the areas of research, harvest-ing, packaging and handling,

- Transport and storage, - Marketing and trade promotion.

ARTICLE 3

For the purposes of attaining these objec-tives, the two Parties hereby agree to con-fer in a permanent joint group, assisted bya group of experts, whose task shall be tokeep under continuous review any specif-ic problems brought to its attention.

ARTICLE 4

Should the banana-producing ACP Statesdecide to set up a joint organisation forthe purpose of attaining the objectives,the Community shall support such anorganisation and shall give considerationto any requests it may receive for supportfor the organisation’s activities which fallwithin the scope of regional schemesunder the heading of developmentfinance co-operation.


During the consultation process, theParties should agree flexible time-frames, whilst acknowledging that casesof special urgency, as defined in Article96(2)(b) of the Agreement and Article2(4) of this Annex, may require animmediate reaction.

4. The Parties acknowledge the role of theACP Group in political dialogue basedon modalities to be determined by theACP Group and communicated to theEuropean Community and its MemberStates.

5. The Parties acknowledge the need forstructured and continuous consultationsunder Article 96 of the Agreement. TheCouncil of Ministers may develop furthermodalities to this end.

ANNEXE VIIPOLITICAL DIALOGUE AS

REGARDS HUMAN RIGHTS,DEMOCRATIC PRINCIPLES

AND THE RULE OF LAW

ARTICLE 1Objectives

1. The consultations envisaged in Article96(2)(a) will take place, except in casesof special urgency, after exhaustivepolitical dialogue as envisaged in Article8 and Article 9(4) of the Agreement.

2. Both Parties should conduct suchpolitical dialogue in the spirit of theAgreement and bearing in mind theGuidelines for ACP-EC Political Dialogueestablished by the Council of Ministers.

3. Political Dialogue is a process whichshould foster the strengthening of ACP-ECrelations and contribute towards achiev-ing the objectives of the Partnership.

ARTICLE 2

Intensified Political Dialogue precedingconsultations under Article 96 of theAgreement.

1. Political dialogue concerning respect forhuman rights, democratic principles andthe rule of law shall be conductedpursuant to Article 8 and Article 9(4) ofthe Agreement and within the parametersof internationally recognised standardsand norms. In the framework of thisdialogue the Parties may agree on jointagendas and priorities.

2. The Parties may jointly develop andagree specific benchmarks or targetswith regard to human rights, democraticprinciples and the rule of law within theparameters of internationally agreedstandards and norms, taking intoaccount special circumstances of the

ACP State concerned. Benchmarks aremechanisms for reaching targets throughthe setting of intermediate objectivesand timeframes for compliance.

3. The political dialogue set out in para-graphs 1 and 2 shall be systematic andformal and shall exhaust all possibleoptions prior to consultations underArticle 96 of the Agreement.

4. Except for cases of special urgency asdefined in Article 96(2)(b) of the Agree-ment, consultations under Article 96may also go ahead without precedingintensified political dialogue, whenthere is persistent lack of compliancewith commitments taken by one of theParties during an earlier dialogue, or bya failure to engage in dialogue in goodfaith.

5. Political dialogue under Article 8 of theAgreement shall also be utilizedbetween the Parties to assist countriessubject to appropriate measures underArticle 96 of the Agreement, tonormalise the relationship.

ARTICLE 3

Additional rules on consultation underArticle 96 of the Agreement.

1. The Parties shall strive to promoteequality in the level of representationduring consultations under Article 96 ofthe Agreement.

2. The Parties are committed to trans-parent interaction before, during andafter the formal consultations, bearing inmind the specific benchmarks andtargets referred to in Article 2(2) of thisAnnex.

3. The Parties shall use the 30-daynotification period as provided for inArticle 96(2) of the Agreement foreffective preparation by the Parties, aswell as for deeper consultations withinthe ACP Group and among theCommunity and its Member States.


social operators shall be paid directlyto the Economic and Social Committee.

The ACP Secretariat, the Council ofMinisters and the Joint ParliamentaryAssembly may, in agreement with theCommission, delegate the organisationof consultation meetings of ACP civilsociety to representative organisationsapproved by the Parties.

PROTOCOL 2on privileges and

immunities

THE PARTIES ,

DESIRING, by the conclusion of a Protocolon privileges and immunities, to facilitatethe smooth functioning of the Agreement,the preparation of its work and implemen-tation of the measures adopted for itsapplication;

WHEREAS it is therefore necessary tospecify the privileges and immunitieswhich may be claimed by persons partici-pating in work relating to the applicationof the Agreement and to the arrange-ments applicable to official communica-tions connected with such work, withoutprejudice to the provisions of the Protocolon the privileges and immunities of theEuropean Communities, signed in Brusselson 8 April 1965;

WHEREAS it is also necessary to lay downthe treatment to be accorded to the prop-erty, funds and assets of the Council ofACP Ministers, and its staff;

WHEREAS the Georgetown Agreement of6 June 1975 constituted the ACP Group ofStates and instituted a Council of ACPMinisters, and a Committee of Ambassadors;whereas the organs of the ACP Group ofStates are to be serviced by the Secretariat ofthe ACP States;

HAVE AGREED upon the following provi-sions, which shall be annexed to theAgreement :

PROTOCOLS

PROTOCOL 1on the operating expenditure

of the joint institutions

1. The Member States and the Community,on the one hand, and the ACP States, onthe other, shall be responsible for suchexpenditure as they shall incur by rea-son of their participation in the meetingsof the Council of Ministers and itsdependent bodies, both with regard tostaff, travel and subsistence expenditureand to postal and telecommunicationsexpenses.

Expenditure in connection with inter-preting at meetings, translation andreproduction of documents, and thepractical arrangements for meetings(such as premises, equipment and mes-sengers) of the joint institutions of thepresent Agreement shall be borne bythe Community or by one of the ACPStates, according to whether the meet-ings take place in the territory of aMember State or in that of an ACP State.

2. The arbitrators appointed in accord-ance with Article 98 of the Agreementshall be entitled to a refund of theirtravel and subsistence expenditure.The latter shall be determined by theCouncil of Ministers.

One half of travel and subsistenceexpenditure incurred by the arbitratorsshall be borne by the Community andthe other half by the ACP States.Expenditure relating to any registry setup by the arbitrators, to preparatoryinquiries into disputes, and to the organ-isation of hearings (such as premises,personnel and interpreting) shall beborne by the Community. Expenditurerelating to special inquiries shall be set-tled together with the other costs and

the Parties shall deposit advances asdetermined by an order of the arbitrators.

3. The ACP States shall set up a Fund,which will be managed by their GeneralSecretariat, for the purpose ofcontributing to the financing of theexpenses incurred by ACP participantsat meetings of the Joint ParliamentaryAssembly and the Council of Ministers.

The ACP States shall contribute to thisFund. With the aim of encouraging theactive participation of all ACP States inthe dialogue conducted within the ACP-EC institutions, the Community shallmake a contribution to this Fund asprovided for in the Financial Protocol(EUR 4 million according to the FirstFinancial Protocol).

To be eligible for the Fund expensesmust comply with the followingconditions as well as those laid down inparagraph 1:

- They must be incurred by parliamen-tarians or, in their absence, other suchACP representatives travelling from thecountry they represent in order to takepart in sessions of the Joint Parliamen-tary Assembly, meetings of workingparties or missions under their aegis,or as a result of the participation of thesesame representatives and representa-tives of ACP civil society and economicand social operators in consultationmeetings held under Articles 15 and 17of the Agreement.

- Decisions on the nature, organisation,frequency and location of meetings,missions and working groups must betaken in accordance with the rules ofprocedure of the Council of Ministersand the Joint Parliamentary Assembly.

4. Consultation meetings and meetings ofACP-EC economic and social operatorsshall be0 organised by the Economicand Social Committee of the EuropeanUnion. In this specific instance, theCommunity’s contribution to cover theparticipation of ACP economic and


CHAPTER 3OFFICIAL COMMUNICATIONS

ARTICLE 6

For their official communications and thetransmission of all their documents, theEuropean Community, the institutions ofthe Agreement and the coordinating bodiesshall enjoy in the territory of the Statesparty to the Agreement the treatmentaccorded to international organisations.

Official correspondence and other officialcommunications of the European Commu-nity, the joint institutions of the Agreementand the coordinating bodies shall not besubject to censorship.

CHAPTER 4STAFF OF THE SECRETARIAT OF

THE ACP STATES

ARTICLE 7

1. The Secretary or Secretaries and DeputySecretary or Deputy Secretaries of theCouncil of ACP Ministers and the otherpermanent members of the staff of se-nior rank as designated by the ACPStates, of the Council of ACP Ministersshall enjoy, in the State in which theCouncil of ACP Ministers is established,under the responsibility of the Chairman-in-Office of the Committee of ACP Ambas-sadors, the advantages accorded to thediplomatic staff of diplomatic missions.Their spouses and their children underage living in their household shall beentitled, under the same conditions, tothe advantages accorded to the spousesand children under age of such diplo-matic staff.

2. Permanent ACP staff members notreferred to in paragraph 1 shall beexempted by their host country fromany taxes on salaries, emoluments or

allowances paid to them by the ACPStates from the day on which suchincome becomes subject to tax leviedfor the benefit of the ACP States.

The above provision shall not apply eitherto pensions paid the ACP Secretariat to itsformer staff members or their depend-ants, or to salaries, emoluments orallowances paid to its local staff.

The State in which the Council of ACPMinisters is established shall grantimmunity from legal proceedings to per-manent members of the staff of theSecretariat of the ACP States, apart fromthose referred to in paragraph 1 of Art-icle 7, only in respect of acts done by themin the performance of their official duties.Such immunity shall not, however, applyto infringements of road traffic regulationsby a permanent member of the staff of theSecretariat of the ACP States or to damagecaused by a motor vehicle belonging to, ordriven by, him or her.

ARTICLE 8

The State in which the Council of ACPMinisters is established shall grantimmunity from legal proceedings to per-manent members of the staff of theSecretariat of the ACP States, apart fromthose referred to in paragraph 1 of Art-icle 7, only in respect of acts done by themin the performance of their official duties.

Such immunity shall not, however, applyto infringements of road traffic regulationsby a permanent member of the staff of theSecretariat of the ACP States or to damagecaused by a motor vehicle belonging to, ordriven by, him or her.

ARTICLE 9

The names, positions and addresses ofthe Chairman-in-Office of the Committeeof ACP Ambassadors, the Secretary orSecretaries and Deputy Secretary orDeputy Secretaries of the Council of ACPMinisters and of the permanent members

CHAPTER 1PERSONS TAKING PART IN THE

WORK OF THE AGREEMENT

ARTICLE 1

The representatives of the Governmentsof the Member States and of the ACPStates and the Representatives of theInstitutions of the European Communities,and also their advisers and experts andthe members of the staff of the Secretariatof the ACP States taking part, in the terri-tory of the Member States or of the ACPStates, in the work either of the institu-tions of the Agreement or of the coord-inating bodies, or in work connected withthe application of the Agreement, shallenjoy the customary privileges, immun-ities and facilities while carrying out theirduties and while travelling to or from theplace at which they are required to carryout such duties.

The preceding paragraph shall also applyto members of the Joint ParliamentaryAssembly of the Agreement, to the arbitra-tors who may be appointed under theAgreement, to members of the consulta-tive bodies of the economic and socialsectors which may be set up, to the offi-cials and employees of these institutions,and also to the members of the agenciesof the European Investment Bank and itsstaff, and to the staff of the Centre for theDevelopment of Enterprise and the Centrefor the Development of Agriculture.

CHAPTER 2PROPERTY, FUNDS AND ASSETS

OF THE COUNCIL OF ACPMINISTERS

ARTICLE 2

The premises and buildings occupied bythe Council of ACP Ministers for officialpurposes shall be inviolable. They shall beexempt from search, requisition, confisca-tion or expropriation.

Except when required for the purposes ofinvestigating an accident caused by amotor vehicle belonging to the saidCouncil or being used on its account, or inthe event of an infringement of road trafficregulations or of an accident caused bysuch a vehicle, the property and assets ofthe Council of ACP Ministers shall not bethe subject of any administrative or legalmeasures of constraints without theauthorisation of the Council of Ministersset up under the Agreement.

ARTICLE 3

The archives of the Council of ACPMinisters shall be inviolable.

ARTICLE 4

The Council of ACP Ministers, its assets,income and other property shall beexempt from all direct taxes.

The host State shall, wherever possible,take the appropriate measures to remit orrefund the amount of indirect taxes orsales taxes included in the price of mov-able or immovable property, where theCouncil of ACP Ministers makes, strictlyfor its official use, substantial purchases,the price of which includes taxes of thiskind.

No exemption shall be granted in respectof taxes, charges, duties or fees whichrepresent charges for services rendered.

ARTICLE 5

The Council of ACP Ministers shall beexempt from all customs duties, prohib-itions and restrictions on imports inrespect of articles intended for its officialuse; articles so imported may not be soldor otherwise disposed of, whether or notin return for payment, in the territory ofthe country into which they have beenimported, except under conditionsapproved by the Government or thatcountry.


2. However, in derogation from this prin-ciple, South Africa shall have the rightto participate in the areas of ACP-ECdevelopment finance cooperation listedin Article 8 below, on the understandingthat South Africa’s participation will befully financed from the resources pro-vided for under Title VII of the TDCA.Where resources from the TDCA aredeployed for participation in operationsin the framework of ACP- EC financialcooperation, South Africa will enjoy theright to participate fully in the decision-making procedures governing imple-mentation of such aid.

3. South African natural or legal personsshall be eligible for award of contractsfinanced from the financial resourcesprovided for under this Agreement. Inthis respect, South African natural orlegal persons shall, however, not enjoythe preferences accorded to naturaland legal persons from ACP States.

ARTICLE 5Trade Cooperation

1. The provisions of this Agreement oneconomic and trade cooperation shallnot apply to South Africa.

2. Nonetheless, South Africa shall beassociated as an observer in the dia-logue between the Parties pursuant toArticles 34 to 40 of this Agreement.

ARTICLE 6Applicability of Protocols and

Declarations

The protocols and declarations annexedto this Agreement that relate to parts ofthe Agreement that are not applicable toSouth Africa, shall not apply to SouthAfrica. All other declarations and proto-cols shall apply.

ARTICLE 7Revision Clause This

Protocol may be revised by decision of theCouncil of Ministers.

ARTICLE 8Applicability

Without prejudice to the previous Articles,the table hereunder sets out thoseArticles of the Agreement and its Annexeswhich shall apply to South Africa andthose which shall not apply.

of the staff of the Secretariat of the ACPStates shall be communicated periodicallyby the President of the Council of ACPMinisters to the Government of the Statein whose territory the Council of ACPMinisters is established.

CHAPTER 5COMMISSION DELEGATIONS

IN THE ACP STATES

ARTICLE 10

1. The Commission Head of Delegationand staff appointed to the Delegation,the Delegations, to the exception oflocally recruited staff, shall be exempt-ed from any direct taxes in the ACPState where they are in post.

2. Article 31(2)(g) of Annexe IV, chapter 4shall also apply to the staff referred toin paragraph 1.

CHAPTER 6GENERAL PROVISIONS

ARTICLE 11

The privileges, immunities and facilitiesprovided for in this Protocol shall beaccorded to those concerned solely in theinterests of the proper execution of theirofficial duties.

Each institution or body referred to in thisProtocol shall be required to waiveimmunity wherever its consider that thewaiver of such immunity is not contrary toits own interests.

ARTICLE 12

Article 98 of the Agreement shall apply todisputes relating to this Protocol.

The Council of ACP Ministers and theEuropean Investment Bank may be partyto proceedings during an arbitration pro-cedure.

PROTOCOL 3ON SOUTH AFRICA

ARTICLE 1Qualified Status

1. The participation of South Africa in thisAgreement is subject to the qualifica-tions set out in this Protocol.

2. The provisions of the bilateralAgreement on Trade, Development andCooperation between the EuropeanCommunity, its Member States andSouth Africa signed in Pretoria on11 October 1999, hereinafter referred asthe "TDCA", shall take precedence overthe provisions of this Agreement.

ARTICLE 2General Provisions, Political Dialogue

and Joint Institutions

1. The general, institutional and final pro-visions of this Agreement shall apply toSouth Africa.

2. South Africa shall be fully associated inthe overall political dialogue and par-ticipate in the joint institutions andbodies set out under this Agreement.However, in respect of decisions to betaken in relation to provisions that donot apply to South Africa under thisProtocol, South Africa shall not takepart in the decision-making process.

ARTICLE 3Cooperation Strategies

The provisions on cooperation strategiesof this Agreement shall apply to cooper-ation between the Community and SouthAfrica.

ARTICLE 4Financial Resources

1. The provisions of this Agreement ondevelopment finance cooperation shallnot apply to South Africa.


Part 5, General Provisions forthe Least Developed,Landlocked and Island ACPStates, Articles 84 to 90Part 6, Final Provisions,Articles 91 to 100

Annex I (Financial Protocol)Annex II, Terms andconditions of Financing,Chapter 5 (link to Article 78 /investment protection)

In accordance with Article 4above, South Africa shall have theright to participate in certainareas of development financecooperation on the understandingthat South Africa’s participationwill be fully financed from theresources provided for under TitleVII of the TDCA.

Annex II, Terms and conditions ofFinancing, Chapters 1, 2, 3 and 4

Annex III InstitutionalSupport (CDE and CTA)

In accordance with Article 4above, South Africa shall have theright to participate in certainareas of development financecooperation on the understandingthat South Africa’s participationwill be fully financed from theresources provided for underTitle VII of the TDCA.

Annex IV, Implementationand Management Procedures:Articles 6 to 14, (Regionalcooperation)Articles 20 to 32 (Competitionand preference)

In accordance with Article 4above, where resources from theTDCA are deployed forparticipation activities in theframework of ACP-EC financialcooperation, South Africa willenjoy the right to fully participatein the decision-makingprocedures governingimplementation of such aid.South African natural and legalpersons will moreover be eligiblefor participation in tenders forcontracts financed from thefinancial resources of theAgreement. In this context, SouthAfrican tenderers will not enjoythe preferences provided fortenderers from the ACP States.

Annex IV, Articles 1 to 5(national programming); 15 to 19(provisions relating to the projectcycle), 27 (preference to ACPcontractors) and 34 to 38(Executing agents)

Annex V / trade regime during thepreparatory period.

Annex VI; List of LeastDeveloped, island andlandlocked ACP States.

elbacilppa toNskrameRelbacilppA

Preamble

Part I, Title I, Chapter 1:"Objectives, principles andactors" (Articles 1 to 7)Part I, Title II, "The politicaldimension"; Articles 8 to 13Part 2, "Institutionalprovisions"; Articles 14 to 17

In accordance with Article 1 ofthis protocol, South Africa shallnot have voting rights in any ofthe joint institutions or bodies inareas of the Agreement which arenot applicable to South Africa.

Part 3, Title I, "Developmentstrategies".

In accordance with Article 5above, South Africa shall beassociated as an observer in thedialogue between the Partiespursuant to Articles 34 to 40.

Part 3, Title II, Economic andTrade Cooperation.

Article 75(i) (Investmentpromotion, support for theACP-EU private sectordialogue on regional level),Article 78 (Investmentprotection)

In accordance with Article 4above, South Africa shall have theright to participate in certainareas of development financecooperation on the understandingthat such participation will befully financed from the resourcesprovided for under Title VII of theTDCA.In accordance with Article 2above, South Africa mayparticipate in the ACP-ECDevelopment FinanceCooperation Committee providedfor in Article 83, without enjoyingvoting rights in relation toprovisions that do not apply toSouth Africa.

Part 4, Development FinanceCooperation

222 | Partnership Agreement ACP-EC222 | Partnership Agreement ACP-EC


FINAL ACT

THE PRESIDENT OF THE REPUBLIC OF CAMEROON,

THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE,

THE PRESIDENT OF THE CENTRALAFRICAN REPUBLIC,

THE PRESIDENT OF THE ISLAMIC FEDERAL REPUBLIC OF THE COMOROS,

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO,

THE PRESIDENT OF THE REPUBLIC OF CONGO,

THE GOVERNMENT OF THE COOKISLANDS,

THE PRESIDENT OF THE REPUBLIC OF CÔTE D’IVOIRE,

THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI,

THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA,

THE PRESIDENT OF THE DOMINICANREPUBLIC,

THE PRESIDENT OF THE STATE OF ERITREA,

THE PRESIDENT OF THE FEDERALDEMOCRATIC REPUBLIC OF ETHIOPIA,

THE PRESIDENT OF THE SOVEREIGNDEMOCRATIC REPUBLIC OF FIJI,

THE PRESIDENT OF THE GABONESEREPUBLIC,

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

THE PRESIDENT OF THE REPUBLIC OF GHANA,

HER MAJESTY THE QUEEN OF GRENADA,

THE PRESIDENT OF THE REPUBLIC OF GUINEA,

THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU,

THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA,

THE PRESIDENT OF THE REPUBLIC OF GUYANA,

THE PRESIDENT OF THE REPUBLIC OF HAITI,

THE HEAD OF STATE OF JAMAICA,

THE PRESIDENT OF THE REPUBLIC OF KENYA,

THE PRESIDENT OF THE REPUBLIC OF KIRIBATI,

HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,

THE PRESIDENT OF THE REPUBLIC OF LIBERIA,

THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,

THE PRESIDENT OF THE REPUBLIC OF MALAWI,

THE PRESIDENT OF THE REPUBLIC OF MALI,

THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS,

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,

THE PRESIDENT OF THE REPUBLIC OF MAURITIUS,

THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA,

THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,


The Plenipotentiaries of:

HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE CZECH REPUBLIC,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERALREPUBLIC OF GERMANY,

THE PRESIDENT OF THE REPUBLIC OFESTONIA,

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,

THE PRESIDENT OF THE REPUBLIC OF CYPRUS,

THE PRESIDENT OF THE REPUBLIC OF LATVIA,

THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,

HIS ROYAL HIGHNESS THE GRAND DUKEOF LUXEMBOURG,

THE PRESIDENT OF THE REPUBLIC OF HUNGARY,

THE PRESIDENT OF MALTA,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

THE FEDERAL PRESIDENTOF THE REPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE REPUBLIC OFPOLAND,

THE PRESIDENT OF THE PORTUGUESEREPUBLIC,

THE PRESIDENT OF THE REPUBLIC OFSLOVENIA,

THE PRESIDENT OF THE SLOVAKREPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREATBRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the European Community,hereinafter referred to as "the Community", the States of theCommunity being hereinafter referred to as "Member States",and of

THE EUROPEAN COMMUNITY,

of the one part, and

LTHE PRESIDENT OF THE REPUBLIC OF ANGOLA,

HER MAJESTY THE QUEEN OF ANTIGUAAND BARBUDA,

THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS,

THE HEAD OF STATE OF BARBADOS,

HER MAJESTY THE QUEEN OF BELIZE,

THE PRESIDENT OF THE REPUBLIC OF BENIN,

THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,

THE PRESIDENT OF BURKINA FASO,

THE PRESIDENT OF THE REPUBLIC OF BURUNDI,


Annexe I Financial ProtocolAnnexe IaMulti-annual financial framework ofcooperation under this AgreementANNEXE IbMulti-annual financial framework of the period 2008 to 2013Annexe II Terms and Conditions of FinancingAnnexe IIIInstitutional Support – CDE and CTAAnnexe IV Implemenzation and management proceduresAnnexe VTrade regime applicable during the preparatory period referred to in Article 37(1)Annexe VIList of the least developed, landlocked and island ACP StatesAnnexe VIIPolitical dialogue as regards humanrights, democratic principles and the rule of law Protocol 1on operating expenditure of the joint institutionsProtocol 2on privileges and immunitiesProtocol 3on South Africa

The plenipotentiaries of the MemberStates and of the Community and theplenipotentiaries of the ACP States haveadopted the texts of the declarations listed below annexed to this Final Act:

Cotonou, 23 June 2000 O.J. L 317, 15 December 2000

Declaration IJoint Declaration on the actors of the Partnership (Article 6)Declaration IIDeclaration of the Commission and theCouncil of the European Union on the clauseconcerning the return and readmission ofillegal immigrants (Article 13(5))Declaration IIIJoint Declaration on participation in theJoint Parliamentary Assembly (Article 17(1))

Declaration IVCommunity Declaration on the financing of the ACP SecretariatDeclaration VCommunity Declaration on the financing of the joint institutionsDeclaration VICommunity Declaration relating to theProtocol on privileges and immunitiesDeclaration VIIDeclaration by the Member States relating to the Protocol on privileges and immunitiesDeclaration VIIIJoint Declaration relating to the Protocol on privileges and immunitiesDeclaration IXJoint Declaration on Article 49(2) on trade and environmentDeclaration XACP Declaration on trade and environmentDeclaration XIJoint Declaration on the ACP cultural heritageDeclaration XIIDeclaration by the ACP States on returnor restitution of cultural propertyDeclaration XIIIJoint Declaration on copyrightDeclaration XIVJoint Declaration on regional cooperationand the outermost regions (Article 28)Declaration XVJoint Declaration on accessionDeclaration XVIJoint Declaration on accession of the overseas countries and territoriesreferred to in Part Four of the EC Treaty Declaration XVIIJoint Declaration on Article 66 (debtrelief ) of the AgreementDeclaration XVIIIEU Declaration on the Financial ProtocolDeclaration XIXDeclaration by the Council and theCommission on the Programming ProcessDeclaration XXJoint Declaration on the impact of ExportRevenue Fluctuations on VulnerableSmall, Island and Landlocked ACP StatesDeclaration XXICommunity Declaration on Article 3 of Annexe IV


THE PRESIDENT OF THE REPUBLIC OF NAMIBIA,

THE GOVERNMENT OF THE REPUBLIC OF NAURU,

THE PRESIDENT OF THE REPUBLIC OF NIGER,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,

THE GOVERNMENT OF NIUE,

THE GOVERNMENT OF THE REPUBLIC OF PALAU,

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

THE PRESIDENTOF 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 HEAD OF STATE OF THE INDEPENDENT STATE OF SAMOA,

THE PRESIDENT OF THE DEMOCRATICREPUBLIC OF SÃO TOMÉ AND PRÍNCIPE,

THE PRESIDENT OF THE REPUBLIC OF SENEGAL,

THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,

THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE,

HER MAJESTY THE QUEEN OF SOLOMON ISLANDS,

THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,

THE PRESIDENT OF THE REPUBLIC OF THE 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 THE REPUBLIC OF CHAD,

THE GOVERNMENT OF THE DEMOCRATICREPUBLIC OF TIMOR-LESTE,

THE PRESIDENT OF THE TOGOLESE 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 THE REPUBLIC OF VANUATU,

THE PRESIDENT OF THE REP. OF ZAMBIA,

THE GOVERNMENT OFTHE REPUBLIC OF ZIMBABWE,

whose States are hereinafter referred toas "ACP States",

of the other part, meeting in Benin on the twenty-third dayof June in the year two thousand for thesignature of the ACP EC PartnershipAgreement and in Luxembourg on thetwenty-fifth day of June in the year twothousand and five for the signature of theAgreement amending the ACP-ECPartnership Agreement have adopted thefollowing texts:

The Agreement amending the ACP ECPartnership Agreement, and the followingAnnexes and Protocols:


Declaration XIII Community Declaration on Article 11b(2)of the Cotonou AgreementDeclaration XIV Community Declaration on Articles 28,29, 30 and 58 of the Cotonou Agreementand on Article 6 of Annexe IVDeclaration XV European Union Declaration on Annexe IaDeclaration XVI Community Declaration on Articles 4(3),5(7), 16(5) and (6) and 17(2) of Annexe IVDeclaration XVII Community Declaration on Article 4(5) of Annexe IVDeclaration XVIII Community Declaration on Article 20 of Annexe IVDeclaration XIX Community Declaration on Articles 34, 35 and 36 of Annexe IVDeclaration XX Community Declaration on Article 3 of Annexe VII

Port Moresby, 1 and 2 June 2006O.J. L 247, 09 September 2006

1. EPAs: EU Declaration:2. Decommitted funds:

Community Declaration3. Interest subsidies:

Community Declaration

DECLARATION IJoint Declaration on

the actors of the partnership (Article 6)

The Parties agree that the definition of civilsociety may differ significantly according tothe socio economic and cultural conditionsof each ACP country. However, they believethat this definition may include inter aliathe following organisations: human rightsgroups and agencies, grassroots organi-sations, women’s associations, youth orga-nisations, child-protection organisations,environmental movements, farmers’organisations, consumers’ associations,religious organisations, development sup-port structures (NGOs, teaching and researchestablishments), cultural associations andthe media.

DECLARATION IIDeclaration of the Commission

and the Council of the European Unionon the clause concerning the return

and readmission of illegal immigrants(Article 13(5))

Article 13(5) shall be without prejudice tothe internal division of powers between theCommunity and its Member States for theconclusion of readmission agreements.

DECLARATION IIIJoint Declaration on participation in the Joint Parliamentary Assembly

(Article 17(1))

The Parties reaffirm the role of the JointParliamentary Assembly in promoting anddefending democratic processes throughdialogue between members of parliament,and agree that the participation of repre-sentatives who are not members of a par-liament, as set out in Article 17, shall beallowed only in exceptional circumstances.Such participation shall be subject to theapproval of the Joint ParliamentaryAssembly before each session.


Declaration XXIIJoint Declaration concerning agriculturalproducts referred to in Article 1(2)(a) ofAnnexe VDeclaration XXIIIJoint Declaration on market access in the EC ACP PartnershipDeclaration XXIVJoint Declaration on riceDeclaration XXVJoint Declaration on rumDeclaration XXVIJoint Declaration on beef and vealDeclaration XXVIIJoint Declaration on the arrangementsgoverning access to the markets of the French overseas departments for products originating in the ACP Statesreferred to in Article 1(2) of Annexe VDeclaration XXVIIIJoint Declaration on cooperation betweenACP States and the neighbouring overseas countries and territories and French overseas departments Declaration XXIXJoint Declaration on products covered by the common agricultural policyDeclaration XXXACP Declaration on Article 1 of Annexe VDeclaration XXXICommunity Declaration on Article 5(2)(a)of Annexe VDeclaration XXXIIJoint Declaration on non-discriminationDeclaration XXXIIICommunity Declaration on Article 8(3) of Annexe VDeclaration XXXIVJoint Declaration on Article 12 of Annexe VDeclaration XXXVJoint Declaration relating to Protocol 1 on Article 7 of Annexe VDeclaration XXXVIJoint Declaration relating to Protocol 1 of Annexe VDeclaration XXXVIIJoint Declaration relating to Protocol 1 of Annexe V on the origin of fishery productsDeclaration XXXVIIICommunity Declaration relating toProtocol 1 of Annexe V on the extent of territorial waters

Declaration XXXIXACP Declaration relating to Protocol 1 of Annexe V on the origin of fishery productsDeclaration XLJoint Declaration on the application of thevalue tolerance rule in the tuna sectorDeclaration XLIJoint Declaration on Article 6(11) of Protocol 1 of Annexe VDeclaration XLIIJoint Declaration on rules of origin: cumulation with South AfricaDeclaration XLIIIJoint Declaration on Annexe 2 to Protocol 1 of Annexe V

Luxembourg, 25 June 2005 O.J. L 287, 28 October 2005

Declaration I Joint Declaration on Article 8 of the Cotonou AgreementDeclaration II Joint Declaration on Article 68 of the Cotonou AgreementDeclaration III Joint Declaration on Annexe IaDeclaration IV Joint Declaration on Article 3(5) of Annexe IVDeclaration VJoint Declaration on Article 9(2) of Annexe IVDeclaration VI Joint Declaration on Article 12(2) of Annexe IVDeclaration VII Joint Declaration on Article 13 of Annexe IVDeclaration VIIIJoint Declaration on Article 19a of Annexe IVDeclaration IX Joint Declaration on Article 24(3) of Annexe IVDeclaration X Joint Declaration on Article 2 of Annexe VIIDeclaration XI Community Declaration on Articles 4 and 58(2) of the Cotonou AgreementDeclaration XII Community Declaration on Article 11a ofthe Cotonou Agreement


them under the Agreement in a satisfac-tory and effective manner.

DECLARATION IXJoint Declaration on Article 49 (2)

on trade and environment

Keenly aware of the specific risks attach-ing to radioactive waste, the Parties willrefrain from any practice of dischargingsuch waste which would encroach uponthe sovereignty of States or threaten theenvironment or public health in othercountries. They attach the greatest im-portance to developing internationalcooperation to protect the environmentand public health against such risks. Theyaccordingly affirm their determination toplay an active part in the work being donein the IAEA to produce an internationallyapproved code of good practice.

Council Directive 92/3/Euratom of3 February 1992 on the supervision andcontrol of shipments of radioactive wastebetween Member States and into and outof the Community defines the term"radioactive waste" as any material,which contains or is contaminated byradio nuclides and for which no use isforeseen. The Directive is applicable toshipments of radioactive waste betweenMember States and into and out of theCommunity whenever the quantities andconcentration exceed the levels laid downin Article 3(2)(a) and (b) of the CouncilDirective 96/29/Euratom of 13 May 1996.The defined levels ensure basic safetystandards for the protection of health ofworkers and the general public againstthe dangers arising from ionising radiation.

Shipments of radioactive waste are sub-ject to a system of prior authorisation asdefined in Directive 92/3/Euratom of3 February 1992 on the supervision andcontrol of shipments of radioactive wastebetween Member States and into and outof the Community. Article 11(1)b of theDirective stipulates that the competentauthorities of Member States shall notauthorise shipments of radioactive waste

to a State party to the Fourth ACP EECConvention which is not a member of theCommunity, taking account, however, ofArticle 14. The Community ensures thatArticle 11 of Directive 92/3/Euratom willbe revised to cover all Parties of thisAgreement which are not members of theCommunity. Until then, the Communitywill act, as if the abovementioned partieswould already be covered.

The Parties shall make every effort to signand ratify as quickly as possible the BasleConvention on the Control of Trans-boundary Movements of HazardousWastes and their Disposal, as well as the1995 amendment to the Convention, aslaid down in Decision III/1.

DECLARATION XACP Declaration on trade and environment

The ACP States are seriously concernedabout environmental problems in generaland the transboundary movement of haz-ardous, nuclear and other radioactivewastes in particular.

In interpreting and implementing the pro-visions of Article 32(1)(d) of theAgreement, the ACP States haveexpressed their determination to beguided by the principles and the provi-sions of the OAU Resolution on theControl of Transboundary Movements ofHazardous Wastes and their Disposal inAfrica as contained in AHG 182 (XXV).

DECLARATION XIJoint Declaration on the ACP

cultural heritage

1. The Parties express their common willto promote the preservation andenhancement of the cultural heritage ofeach ACP country, at the international,bilateral and private level and in thecontext of this Agreement.

2. The Parties acknowledge the need tofacilitate the access of ACP historiansand researchers to archives with a view


DECLARATION IVCommunity Declaration on

the financing of the ACP Secretariat

The Community shall contribute to the costof running the ACP Secretariat from intraACP cooperation resources.

DECLARATION VCommunity Declaration on

the financing of the joint institutions

The Community, being aware that expend-iture in connection with interpreting atmeetings and the translation of documentsis expenditure incurred essentially for itsown requirements, is prepared to continuepast practice and meet this expenditureboth for meetings of the institutions of theAgreement which take place in the territoryof a Member State and those which takeplace in the territory of an ACP State.

DECLARATION VICommunity Declaration relating to theProtocol on privileges and immunities

The Protocol on privileges and immunitiesis a multilateral act from the point of viewof international law. However, any specificproblems that may arise in the host Stateregarding the application of this Protocolshould be settled by bilateral agreementwith that State.

The Community has noted the ACP States’requests that certain provisions of Protocol2 be modified, notably as regards the sta-tus of the staff of the ACP Secretariat, theCentre for the Development of Enterprise(CDE) and the Centre for the Developmentof Agriculture (CTA).

The Community is willing to seek jointlyappropriate solutions in respect of theACP States’ requests with a view to estab-lishing a separate legal instrument asreferred to above.

In this context, the host country will, with-out derogating from the present benefits

enjoyed by the ACP Secretariat, the CDE,the CTA and their staff:

1) Show understanding as regards theinterpretation of the expression "staffof senior rank", such an interpretationto be arrived at by mutual agreement;

2) Recognise the powers delegated by thePresident of the Council of ACPMinisters to the Chairman of the ACP ECCommittee of Ambassadors, in order tosimplify implementation of Article 9 ofthe Protocol;

3) Agree to grant certain facilities to thestaff of the ACP Secretariat, the CDEand the CTA to facilitate initial installa-tion in the host country;

4) Examine in an appropriate way taxrelated questions concerning the ACPSecretariat, the CDE and the CTA andtheir staff.

DECLARATION VIIDeclaration by the Member States

relating to the Protocol on privilegesand immunities

The Member States shall strive, in thecontext of their respective regulations, tofacilitate throughout their respective terri-tories, the movement in pursuit of theirofficial duties of ACP diplomats accreditedto the Community, members of the ACPSecretariat referred to in Article 7 ofProtocol 2, whose names and positionsshall be communicated in accordancewith Article 9 of that Protocol, and the ACPexecutives of the CDE and the CTA.

DECLARATION VIIIJoint Declaration relating to the Protocol

on privileges and immunities

Within the context of their respectiveregulations, the ACP States shall grantCommission delegations privileges andimmunities similar to those granted todiplomatic missions so that they are ableto carry out the functions incumbent on


DECLARATION XVIIJoint Declaration on Article 66 (debt relief ) of the Agreement

The Parties agree on the following prin-ciples:

a) In the longer term, the Parties will seekan improvement of the HeavilyIndebted Poor Countries initiative andpromote a deepening, broadening andspeeding up debt relief to ACPCountries;

b) The Parties will also seek the mobilisa-tion and establishment of supportmechanisms for debt reduction infavour of ACP countries who are not yeteligible for the HIPC initiative.

DECLARATION XVIIIEU Declaration on the Financial Protocol

Within the overall amount of EUR 13 500million of the 9th EDF, EUR 12 500 millionshall be made available immediatelyupon the entry into force of the FinancialProtocol. The remaining EUR 1 000 millionshall be released on the basis of the per-formance review referred to in para-graph 7 of the Financial Protocol that shallbe undertaken in 2004.

In evaluating the need for new resources,full account shall be taken of this perform-ance review as well as of a date beyondwhich the funds of the 9th EDF will not becommitted.

DECLARATION XIXDeclaration by the Council

and the Commission on the Programming Process

The Community and its Member Statesreaffirm their attachment to the agree-ment on a reform of the programmingprocess for implementation of assistancefinanced from the 9th EDF.

In this context, the Community and itsMember States regard a properly imple-mented review mechanism as the mostimportant tool for successful program-ming. The review process that has beenagreed for governing the implementationof the 9th EDF will ensure continuity in theprogramming process while allowing forregular adjustments of the CountrySupport Strategy to reflect developmentsin needs and performance of the ACPState concerned.

In order to reap the full benefits of thereform and ensure the efficiency of theprogramming process, the Community andits Member States reaffirm the politicalcommitment to the following principles:

The reviews must as far as possible becarried out in the ACP State concerned.Localising the reviews shall not imply thatthe Member States or the CommissionHeadquarters shall be prevented from fol-lowing and being involved in the program-ming process as appropriate.

The time frames that have been set forcompletion of the reviews shall berespected.

The reviews must not be an isolated eventin the programming process. The reviewsshall be regarded as management tools,which synthesise the results of the regular(monthly) dialogue between the NationalAuthorising Officer and the Commission’sHead of Delegation.

The reviews must not increase the admin-istrative burden of either of the Partiesconcerned. The procedures and reportingrequirements surrounding the program-ming process must therefore be managedin a disciplined manner. To this end, therespective roles of the Member States andthe Commission in the decision makingprocess will be reviewed and adapted.


to promoting the development ofexchange of information on the cul-tural heritage of ACP States.

3. They acknowledge the usefulness ofproviding assistance for the appropri-ate activities conducted especially inthe area of training, for the preserva-tion, protection and exhibition of cul-tural properties, monuments andobjects, including the promulgationand implementation of appropriate legislation.

4. They underpin the importance of under-taking common cultural activ-ities,facilitating the mobility of ACP andEuropean artists, as well as theexchanges of cultural objects which aresymbolic of their cultures and civilisa-tions with a view to enhancing mutualunderstanding and solidarity betweentheir respective populations.

DECLARATION XIIDeclaration by the ACP States on return

or restitution of cultural property

The ACP States urge the Community andits Member States, insofar as they acknow-ledge the legitimate right of the ACPStates to cultural identity, to promote thereturn or restitution of cultural prop-ertytaken from ACP States and now to befound in Member States.

DECLARATION XIIIJoint Declaration on copyright

The Parties acknowledge that promotionof copyright protection is an integral partof cultural cooperation, the aim of whichis to enhance all forms of human expres-sion. Furthermore, such protection is aprerequisite for nurturing and developingproduction, dissemination and publishingactivities.

Consequently, the two Parties shall, in thecontext of ACP EC cultural cooperation,

seek to promote and foster respect forcopyright and related rights.

In this context, and in accordance with therules and procedures laid down by theAgreement, the Community may offerfinancial and technical support for dis-seminating copyright information, train-ing economic operators in the protectionof such rights and drafting national legis-lation for their better protection.

DECLARATION XIVJoint Declaration on regional

cooperation and the outermost regions(Article 28)

The reference to the outermost regionsconcerns the Spanish autonomous com-munity of the Canary Islands, the fourFrench overseas departments, namelyGuadeloupe, Guyana, Martinique andRéunion, and the Portuguese autono-mous regions of the Azores and Madeira.

DECLARATION XVJoint Declaration on accession

Any accession of a third State to thisAgreement shall be made in compliancewith the provisions of Article 1 and theobjectives of Article 2 laid down by theACP Group in the Georgetown Agreementas amended in November 1992.

DECLARATION XVIJoint Declaration on accession of the

overseas countries and territoriesreferred to in Part Four of the EC Treaty

The Community and the ACP States areprepared to allow the overseas countriesand territories referred to in Part Four ofthe Treaty which have become independ-ent to accede to this Agreement, if theywish to continue their relations with theCommunity in this form.



01 LIVE ANIMALS

0101 LIVE HORSES, ASSES, MULES AND HINNIES0101 exemption

0102 LIVE BOVINE ANIMALS01029005 reduction 100% ad valorem customs duties01029021 reduction 100% ad valorem customs duties01029029 reduction 100% ad valorem customs duties01029041 reduction 100% ad valorem customs duties01029049 reduction 100% ad valorem customs duties01029051 reduction 100% ad valorem customs duties01029059 reduction 100% ad valorem customs duties01029061 reduction 100% ad valorem customs duties01029069 reduction 100% ad valorem customs duties01029071 reduction 100% ad valorem customs duties01029079 reduction 100% ad valorem customs duties

0103 LIVE SWINE01039110 reduction 16%01039211 reduction 16%01039219 reduction 16%

0104 LIVE SHEEP AND GOATS01041030 reduction 100% customs duties within the limit of the quota (ctg 1)01041080 reduction 100% customs duties within the limit of the quota (ctg 1)01042010 exemption01042090 reduction 100% customs duties within the limit of the quota (ctg 1)

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, BOVINEANIMALS, SWINE, SHEEP, GOATS, POULTRY, FISH, CRUSTACEANS,MOLLUSCS AND OTHER AQUATIC INVERTEBRATES, AND MICROORGANIC CULTURES, ETC.)

0106 exemption

02 MEAT AND EDIBLE MEAT OFFAL

0201 MEAT OF BOVINE ANIMALS, FRESH OR CHILLED0201 reduction 100% ad valorem customs duties (1)

0202 MEAT OF BOVINE ANIMALS, FROZEN0202 reduction 100% ad valorem customs duties (1)

0203 EAT OF SWINE, FRESH, CHILLED OR FROZEN02031110 within the limit of the quota (ctg 7) reduction 50%02031190 exemption02031211 within the limit of the quota (ctg 7) reduction 50%02031219 within the limit of the quota (ctg 7) reduction 50%02031290 exemption02031911 within the limit of the quota (ctg 7) reduction 50%02031913 within the limit of the quota (ctg 7) reduction 50%02031915 within the limit of the quota (ctg 7) reduction 50%

ex 02031955 within the limit of the quota (ctg 7) reduction 50% (excluding tenderloin presented separately)

02031959 within the limit of the quota (ctg 7) reduction 50%02031990 exemption

Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP StatesDECLARATION XXJoint Declaration on the Impact of

Export Revenue Fluctuations on Vulnerable Small, Island and Landlocked ACP States

The Parties note the concern of ACP Statesthat the modalities of the mechanism foradditional support to countries sufferingfrom fluctuation of export revenues maynot provide sufficient support to vulner-able small, island and landlocked Statessubject to volatile export revenues.

From the second year of operation of themechanism, and on request of one ormore ACP States who have met with diffi-culties, the Parties agree to re examinethe modalities of the mechanism on thebasis of a proposal from the Commission,with a view, where necessary, to remedythe effects of such fluctuations.

DECLARATION XXICommunity Declaration on Article 3

of Annexe IV

The notification of the indicative amountreferred to in Article 3 of Annexe IV, will notapply to the ACP States with whom theCommunity has suspended its cooper-ation.

DECLARATION XXII

Joint Declaration concerning agriculturalproducts referred to in Article 1(2)(a)

of Annexe V

The Parties have taken note that theCommunity intends to take the measuresmentioned in the Annexe, and which arelaid down at the date of signing of theAgreement, with a view to granting ACPStates the preferential treatment providedfor in Article 1(2)(a), for certain agricul-tural and processed products.

They have taken note that the Communitydeclares that it will take all the measuresrequired to ensure that the corresponding

agricultural regulations are adopted ingood time and that, wherever possible,they come into force at the same timeas the interim arrangements which willbe introduced after the signing of thesuccessor Agreement to the Fourth ACPEC Convention signed in Lomé on15 December 1989.



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 (ctg 7) reduction 50%02101119 within the limit of the quota (ctg 7) reduction 50%02101131 within the limit of the quota (ctg 7) reduction 50%02101139 within the limit of the quota (ctg 7) reduction 50%02101190 exemption02101211 within the limit of the quota (ctg 7) reduction 50%02101219 within the limit of the quota (ctg 7) reduction 50%02101290 exemption02101910 within the limit of the quota (ctg 7) reduction 50%02101920 within the limit of the quota (ctg 7) reduction 50%02101930 within the limit of the quota (ctg 7) reduction 50%02101940 within the limit of the quota (ctg 7) reduction 50%02101951 within the limit of the quota (ctg 7) reduction 50%02101959 within the limit of the quota (ctg 7) reduction 50%02101960 within the limit of the quota (ctg 7) reduction 50%02101970 within the limit of the quota (ctg 7) reduction 50%02101981 within the limit of the quota (ctg 7) reduction 50%02101989 within the limit of the quota (ctg 7) reduction 50%02101990 exemption021020 reduction 100% ad valorem customs duties02109010 exemption02109011 reduction 100% ad valorem customs duties; domestic sheep:

within the limit of the quota (quota 2) reduction 65% specificduties; other species: within the limit of the quota (quota 1) reduction 100% specific duties

02109019 reduction 100% ad valorem customs duties; domestic sheep: within the limit of the quota (quota 2) reduction 65% specificduties; other species: within the limit of the quota (quota 1) reduction 100% specific duties

02109021 exemption02109029 exemption02109031 within the limit of the quota (ctg 7) reduction 50%02109039 within the limit of the quota (ctg 7) reduction 50%02109041 reduction 100% ad valorem customs duties02109049 exemption02109060 exemption02109071 reduction 16%02109079 reduction 16%02109080 exemption02109090 reduction 100% ad valorem customs duties

03 FISH AND CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES

03 exemption

04 DAIRY PRODUCE; BIRDS’ EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMALORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED

0401 MILK AND CREAM, NOT CONCENTRATED NOR CONTAINING ADDEDSUGAR OR OTHER SWEETENING MATTER

0401 reduction 16%

0402 MILK AND CREAM, CONCENTRATED OR CONTAINING ADDEDSUGAR OR OTHER SWEETENING MATTER

0402 within the limit of the quota (ctg 5) reduction 65%

Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States


02032110 within the limit of the quota (ctg 7) reduction 50%02032190 exemption02032211 within the limit of the quota (ctg 7) reduction 50%02032219 within the limit of the quota (ctg 7) reduction 50%02032290 exemption02032911 within the limit of the quota (ctg 7) reduction 50%02032913 within the limit of the quota (ctg 7) reduction 50%02032915 within the limit of the quota (ctg 7) reduction 50%

ex 02032955 within the limit of the quota (ctg 7) reduction 50% (excluding the tenderloin in one piece)

02032959 within the limit of the quota (ctg 7) reduction 50%02032990 exemption

0204 MEAT OF SHEEP OR GOATS, FRESH, CHILLED OR FROZEN0204 reduction 100% ad valorem customs duties; domestic sheep:

within the limit of the quota (quota 2) reduction 65% specificduties; other species: within the limit of the quota (quota 1) 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 exemption02061095 reduction 100% ad valorem customs duties (1)02061099 exemption020621 exemption020622 exemption02062991 reduction 100% ad valorem customs duties (1)02062999 exemption02063021 within the limit of the quota (ctg 7) reduction 50%02063031 within the limit of the quota (ctg 7) reduction 50%02063090 exemption02064191 within the limit of the quota (ctg 7) reduction 50%02064199 exemption02064991 within the limit of the quota (ctg 7) reduction 50%02064999 exemption020680 exemption020690 exemption

0207 MEAT AND EDIBLE OFFAL OF FOWLS OF THE SPECIES GALLUSDOMESTICUS, DUCKS, GEESE, TURKEYS AND GUINEA FOWLS,FRESH, CHILLED OR FROZEN


0208 MEAT AND EDIBLE OFFAL OF RABBITS, HARES, PIGEONS ANDOTHER ANIMALS NOT ELSEWHERE SPECIFIED OR INCLUDED,FRESH, CHILLED OR FROZEN

0208 exemption

0209 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 (ctg 7) reduction 50%02090019 within the limit of the quota (ctg 7) reduction 50%02090030 within the limit of the quota (ctg 7) reduction 50%02090090 reduction 16%



04081989 reduction 16%04089180 reduction 16%04089980 reduction 16%

0409 NATURAL HONEY0409 exemption

0410 TURTLES’ EGGS, BIRDS’ NESTS AND OTHER EDIBLE PRODUCTS OF ANIMAL ORIGIN NOT ELSEWHERE SPECIFIED OR INCLUDED

0410 exemption

05 PRODUCTS OF ANIMAL ORIGIN NOT ELSEWHERE SPECIFIED OR INCLUDED

05 exemption

06 LIVE TREES AND OTHER PLANTS; BULBS, ROOTS AND THE LIKE; CUT FLOWERS AND ORNAMENTAL FOLIAGE

06 exemption

07 EDIBLE VEGETABLES AND CERTAIN ROOTS AND TUBERS

0701 POTATOES, FRESH OR CHILLED0701 exemption

0702 TOMATOES, FRESH OR CHILLED0702 tomatoes other than cherry tomatoes 15/11-30/4: reduction 60%

ad valorem customs duties within the limit of the quota (quota 13a); cherry tomatoes 15/11-30/4: reduction 100% ad valorem customs duties within the limit of the quota (quota 13b)

0703 ONIONS, SHALLOTS, GARLIC, LEEKS AND OTHER ALLIACEOUS VEGETABLES, FRESH OR CHILLED

07031019 reduction 15% from 16/5-31/1, exemption 1/2-15/507031090 reduction 16%070320 reduction 15% from 1/6-31/1, exemption 1/2-31/5070390 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%



0403 BUTTERMILK, CURDLED MILK AND CREAM, YOGURT, KEPHIR ANDOTHER FERMENTED OR ACIDIFIED MILK AND CREAM, WHETHEROR NOT CONCENTRATED OR FLAVOURED OR CONTAINING ADDEDSUGAR OR OTHER SWEETENING MATTER, FRUITS, NUTS ORCOCOA

04031011 reduction 16%04031013 reduction 16%04031019 reduction 16%04031031 reduction 16%04031033 reduction 16%04031039 reduction 16%04031051 reduction 100% ad valorem customs duties04031053 reduction 100% ad valorem customs duties04031059 reduction 100% ad valorem customs duties04031091 reduction 100% ad valorem customs duties04031093 reduction 100% ad valorem customs duties04031099 reduction 100% ad valorem customs duties04039011 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 duties04039073 reduction 100% ad valorem customs duties04039079 reduction 100% ad valorem customs duties04039091 reduction 100% ad valorem customs duties04039093 reduction 100% ad valorem customs duties04039099 reduction 100% ad valorem customs duties

0404 WHEY, WHETHER OR NOT CONCENTRATED OR CONTAINING ADDEDSUGAR OR OTHER SWEETENING MATTER; PRODUCTS CONSISTINGOF NATURAL MILK CONSTITUENTS, WHETHER OR NOT CONTAININGADDED SUGAR OR OTHER SWEETENING MATTER, NOT ELSEWHERESPECIFIED OR INCLUDED

0404 reduction 16%

0405 BUTTER AND OTHER FATS AND OILS DERIVED FROM MILK0405 reduction 16%

0406 CHEESE AND CURD0406 within the limit of the quota (ctg 6) reduction 65%

0407 BIRDS’ EGGS, IN SHELL, FRESH, PRESERVED OR COOKED04070011 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 CONTAIN-ING ADDED SUGAR OR OTHER SWEETENING MATTER

04081180 reduction 16%04081981 reduction 16%



071140 exemption07119010 exemption07119030 reduction 100% ad valorem customs duties07119040 exemption07119060 exemption07119070 exemption07119090 exemption

0712 DRIED VEGETABLES, WHOLE, CUT, SLICED, BROKEN OR IN POWDER, BUT NOT FURTHER PREPARED

071220 exemption071230 exemption07129005 exemption07129019 reduction 1,81 EUR/t07129030 exemption07129050 exemption

ex 07129090 exemption except olives

0713 DRIED LEGUMINOUS VEGETABLES, SHELLED, WHETHER OR NOTSKINNED OR SPLIT

0713 exemption

0714 MANIOC, ARROWROOT, SALEP, JERUSALEM ARTICHOKES, SWEETPOTATOES AND SIMILAR ROOTS AND TUBERS WITH HIGH STARCHOR INULIN CONTENT, FRESH OR DRIED, WHETHER OR NOT SLICEDOR IN THE FORM OF PELLETS; SAGO PITH

07141010 reduction 8,38 EUR/t07141091 exemption07141099 reduction 6,19 EUR/t071420 exemption07149011 exemption07149019 reduction 6,19 EUR/t; arrow-root: exemption07149090 exemption

08 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 exemption

0802 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 exemption080232 exemption080240 reduction 16%080250 exemption080290 exemption

0803 BANANAS, INCL. PLANTAINS, FRESH OR DRIED08030011 exemption08030019 The Community import regime for bananas is presently under review.

The Parties agree to provide appropriate preferential access for ACPbananas in the context of the Community’s future banana regime.

08030090 exemption



07069017 reduction 16%07069030 exemption

ex 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 070910 reduction 15% from 1/1-30/9, reduction 100% ad valorem customs

duties 1/10-31/12070920 reduction 15% from 1/2-14/8, reduction 40% from 16/1-31/1,

exemption 15/8 15/1070930 exemption070940 exemption07095110 reduction 16%07095130 reduction 16%07095150 reduction 16%07095190 exemption070952 reduction 16%070960 exemption070970 reduction 16%07099010 reduction 16%07099020 reduction 16%07099040 reduction 16%07099050 reduction 16%07099060 reduction 1,81 EUR/t07099070 reduction 100% ad valorem customs duties07099090 exemption

0710 VEGETABLES, UNCOOKED OR COOKED BY STEAMING OR BOILINGIN WATER, FROZEN

071010 exemption071021 exemption071022 exemption071029 exemption071030 exemption071040 reduction 100% ad valorem customs duties07108051 exemption07108059 exemption07108061 exemption07108069 exemption07108070 exemption07108080 exemption07108085 exemption07108095 exemption071090 exemption

0711 VEGETABLES PROVISIONALLY PRESERVED, E.G. BY SULPHUR DIOXIDE GAS, IN BRINE, IN SULPHUR WATER OR IN OTHERPRESERVATIVE SOLUTIONS, BUT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION

071110 exemption071130 exemption



0811 FRUIT AND NUTS, UNCOOKED OR COOKED BY STEAMING OR BOILING IN WATER, FROZEN, WHETHER OR NOT CONTAININGADDED SUGAR OR OTHER SWEETENING MATTER

08111011 reduction 100% ad valorem customs duties08111019 exemption08111090 exemption08112011 reduction 100% ad valorem customs duties08112019 exemption08112031 exemption08112039 exemption08112051 exemption08112059 exemption08112090 exemption08119011 reduction 100% ad valorem customs duties08119019 reduction 100% ad valorem customs duties08119031 exemption08119039 exemption08119050 exemption08119070 exemption08119075 exemption08119080 exemption08119085 exemption08119095 exemption

0812 FRUIT AND NUTS, PROVISIONALLY PRESERVED, E.G. BY SULPHURDIOXIDE GAS, IN BRINE, IN SULPHUR WATER OR IN OTHERPRESERVATIVE SOLUTIONS, BUT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION

081210 exemption081220 exemption08129010 exemption08129020 exemption08129030 exemption08129040 exemption08129050 exemption08129060 exemption08129070 exemption08129095 exemption

0813 APRICOTS, PRUNES, APPLES, PEACHES, PEARS, PAWPAWS,TAMARINDS AND OTHER DRIED FRUIT NOT ELSEWHERE SPECIFIEDOR INCLUDED; MIXTURES OF EDIBLE NUTS OR DRIED FRUITS

0813 exemption

0814 PEEL OF CITRUS FRUIT OR MELONS, INCL. WATERMELONS, FRESH,FROZEN, DRIED OR PROVISIONALLY PRESERVED IN BRINE, OR INWATER WITH OTHER ADDITIVES


09 COFFEE, TEA, MATE AND SPICES

09 exemption

10 CEREALS

1001 WHEAT AND MESLIN100110 within the limit of the quota (ctg 10) reduction 50%10019010 exemption10019091 within the limit of the quota (ctg 10) reduction 50%10019099 within the limit of the quota (ctg 10) reduction 50%



0804 DATES, FIGS, PINEAPPLES, AVOCADOS, GUAVAS, MANGOES AND MANGOSTEENS, FRESH OR DRIED

080410 exemption08042010 exemption from 1/11-30/4 within the limit of the ceiling (ceiling 3)08042090 exemption080430 exemption080440 exemption080450 exemption

0805 CITRUS FRUIT, FRESH OR DRIED080510 reduction 80% ad valorem customs duties; within the framework of

the reference quantity (rq 1) 15/5-30/9 reduction 100% ad valoremcustoms duties (4)

080520 reduction 80% ad valorem customs duties; within the framework ofthe reference quantity (rq 2) 15/5-30/9 reduction 100% ad valoremcustoms duties (4)

08053090 exemption080540 exemption080590 exemption

0806 GRAPES, FRESH OR DRIEDex 08061010 seedless table grapes: within the limit of the quota (quota 14)

1/12-31/1 exemption; within the framework of the reference quantity(rq 3) 1/2-31/3 exemption (4)

080620 exemption

0807 MELONS, INCL, WATERMELONS, AND PAPAWS "PAPAYAS", FRESH0807 exemption

0808 APPLES, PEARS AND QUINCES, FRESH080810 within the limit of the quota (ctg 15) reduction 50% ad valorem

customs duties08082010 within the limit of the quota (ctg 16) reduction 65% ad valorem

customs duties08082050 within the limit of the quota (ctg 16) reduction 65% ad valorem

customs duties08082090 reduction 16%

0809 APRICOTS, CHERRIES, PEACHES INCL. NECTARINES, PLUMS AND SLOES, FRESH

080910 from 1/5-31/8 reduction 15% ad valorem customs duties, 1/9-30/4 exemption

08092005 from 1/11-31/3: exemption080930 from 1/4-30/11 reduction 15% ad valorem customs duties,

1/12-31/3 exemption08094005 from 1/4-14/12 reduction 15% ad valorem customs duties,

15/12-31/3 exemption08094090 exemption

0810 STRAWBERRIES, RASPBERRIES, BLACKBERRIES, BLACK, WHITE ORRED CURRANTS, GOOSEBERRIES AND OTHER EDIBLE FRUIT, NOTELSEWHERE SPECIFIED OR INCLUDED, FRESH

08101005 within the limit of the quota (ctg 17) from 1/11-29/2 exemption08101080 within the limit of the quota (ctg 17) from 1/11-29/2 exemption081020 reduction 16%081030 reduction 16%08104030 exemption08104050 duty = 3%08104090 duty = 5%081090 exemption



11031990 reduction 3,6 EUR/t110321 reduction 7,3 EUR/t11032910 reduction 7,3 EUR/t11032920 reduction 7,3 EUR/t11032930 reduction 7,3 EUR/t11032940 reduction 7,3 EUR/t11032950 reduction 3,6 EUR/t11032990 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, ANDHUSKED AND SEMI OR WHOLLY MILLED RICE AND BROKEN RICE)

11041110 reduction 3,6 EUR/t11041190 reduction 7,3 EUR/t11041210 reduction 3,6 EUR/t11041290 reduction 7,3 EUR/t110419 reduction 7,3 EUR/t11042110 reduction 3,6 EUR/t11042130 reduction 3,6 EUR/t11042150 reduction 7,3 EUR/t11042190 reduction 3,6 EUR/t11042199 reduction 3,6 EUR/t110422 reduction 3,6 EUR/t110423 reduction 3,6 EUR/t110429 reduction 3,6 EUR/t110430 reduction 7,3 EUR/t

1105 FLOUR, MEAL, FLAKES, GRANULES AND PELLETS OF POTATOES1105 exemption

1106 FLOUR, MEAL AND POWDER OF THE DRIED LEGUMINOUS VEGE-TABLES OF HEADING 0713, OF SAGO OR OF ROOTS ANDTUBERS OF HEADING 0714 OR OF THE PRODUCTS OF CHAPTER 8

110610 exemption11062010 reduction 7,98 EUR/t; arrow root: exemption11062090 reduction 29,18 EUR/t; arrow root: exemption110630 exemption

1108 STARCHES; INULIN110811 reduction 24,8 EUR/t110812 reduction 24,8 EUR/t110813 reduction 24,8 EUR/t110814 reduction 50% + reduction 24,8 EUR/t11081910 reduction 37,2 EUR/t11081990 reduction 50% + reduction 24,8 EUR/t; arrow root: exemption110820 exemption

1109 WHEAT GLUTEN, WHETHER OR NOT DRIED1109 reduction 219 EUR/t

12 OIL SEEDS AND OLEAGINOUS FRUITS; MISCELLANEOUS GRAINS,SEEDS AND FRUIT; INDUSTRIAL OR MEDICAL PLANTS; STRAWAND FODDER

1208 FLOURS AND MEALS OF OIL SEEDS OR OLEAGINOUS FRUITS (EXCL. MUSTARD)

120810 exemption



1002 RYE1002 within the limit of the quota (ctg 10) reduction 50%

1003 BARLEY1003 within the limit of the quota (ctg 10) reduction 50%

1004 OATS1004 within the limit of the quota (ctg 10) reduction 50%

1005 MAIZE OR CORN10051090 reduction 1,81 EUR/t100590 reduction 1,81 EUR/t

1006 RICE10061010 exemption10061021 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)10061023 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)10061025 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)10061027 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)10061092 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)10061094 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)10061096 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)10061098 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)100620 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)100630 within the limit of the quota (ctg 11) reduction of 16,78 EUR/t,

then reduced by 65% and 6,52 EUR/t(2)100640 within the limit of the quota (ctg 12) reduction 65% and 3,62 EUR/t(2)

1007 GRAIN SORGHUM1007 reduction 60% within the limit of the ceiling (ceiling 3) (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 (ctg 10) reduction 50%100820 reduction 100% within the limit of the ceiling (ceiling 2) (3)100890 within the limit of the quota (ctg 10) reduction 50%

11 PRODUCTS OF THE MILLING INDUSTRY; MALT; STARCHES; INULIN; WHEAT GLUTEN

1101 WHEAT OR MESLIN FLOUR1101 reduction 16%

1102 CEREAL FLOURS (EXCL. WHEAT OR MESLIN)110210 reduction 16%11022010 reduction 7,3 EUR/t11022090 reduction 3,6 EUR/t110230 reduction 3,6 EUR/t11029010 reduction 7,3 EUR/t11029030 reduction 7,3 EUR/t11029090 reduction 3,6 EUR/t

1103 CEREAL GROATS, MEAL AND PELLETS110311 reduction 16%110312 reduction 7,3 EUR/t11031310 reduction 7,3 EUR/t11031390 reduction 3,6 EUR/t110314 reduction 3,6 EUR/t11031910 reduction 7,3 EUR/t11031930 reduction 7,3 EUR/t



1506 OTHER ANIMAL FATS AND OILS AND THEIR FRACTIONS, WHETHTEROR NOT REFINED, BUT NOT CHEMICALLY MODIFIED (EXCL. PIG FAT,POULTRY FAT, FATS OF BOVINE ANIMALS, SHEEP AND GOATS, FATSOF FISH AND OTHER MARINE ANIMALS, LARD STEARIN,

1506 exemption

1507 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 OILAND FRACTIONS THEREOF, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED

1512 exemption

1513 COCONUT "COPRA", PALM KERNEL OR BABASSU OILAND 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 OTHER FIXED VEGETABLE FATS AND OILS, INCL. JOJOBA OIL, AND THEIR FRACTIONS, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED

1515 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 FRACTIONSOF DIFFERENT FATS OR OILS

15171010 reduction 100% ad valorem customs duties15171090 exemption15179010 reduction 100% ad valorem customs duties15179091 exemption15179093 exemption15179099 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 OR PREPARATIONS OF ANIMAL OR VEGETABLE FATS OR OILS OR FRACTIONS OF DIFFERENT FATS OR OILS, NOT ELSEWHERESPECIFIED OR INCLUDED

1518 exemption



1209 SEEDS, FRUITS AND SPORES, FOR SOWING (EXCL. LEGUMINOUSVEGETABLES AND SWEETCORN, COFFEE, TEA, MATE AND SPICES,CEREALS, OIL SEEDS AND OLEAGINOUS FRUITS, AND SEEDS ANDFRUIT 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 ORFOR INSECTICIDAL, FUNGICIDAL OR SIMILAR PURPOSES, FRESHOR DRIED, WHETHER OR NOT CUT, CRUSHED OR POWDERED

1211 exemption

1212 LOCUST BEANS, SEAWEEDS AND OTHER ALGAE, SUGAR BEETAND SUGAR CANE, FRESH OR DRIED, WHETHER OR NOT GROUND;FRUIT STONES AND KERNELS AND OTHER VEGETABLE PRODUCTS,INCL, UNROASTED CHICORY ROOTS OF THE VARIETY CICHORIUMINTYBU

121210 exemption121230 exemption121291 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 PELLETS

12149010 exemption

13 LACS; GUMS, RESINS AND OTHER VEGETABLE SAPS AND EXTRACTS

13 exemption

15 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PROD-UCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES

1501 LARD; OTHER PIG FAT AND POULTRY FAT, RENDERED, WHETHER ORNOT 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 TALLOWOIL (EXCL. EMULSIFIED, MIXED OR OTHERWISE PREPARED)

1503 exemption

1504 FATS AND OILS AND THEIR FRACTIONS OF FISH OR MARINE MAM-MALS, WHETHER OR NOT REFINED (EXCL. CHEMICALLY MODIFIED)

1504 exemption

1505 WOOL GREASE AND FATTY SUBSTANCES DERIVED THEREFROM,INCL. LANOLIN

1505 exemption



17 SUGARS AND SUGAR CONFECTIONERY

1702 OTHER SUGARS, INCL, CHEMICALLY PURE LACTOSE, MALTOSE,GLUCOSE AND FRUCTOSE, IN SOLID FORM; SUGAR SYRUPSNOT CONTAINING ADDED FLAVOURING OR COLOURING MATTER;

ARTIFICIAL HONEY, WHETHER OR NOT MIXED WITH NATURALHONEY; CARAMEL

170211 reduction 16%170219 reduction 16%170220 reduction 16% (5)17023010 reduction 16% (5)17023051 reduction 117 EUR/t17023059 reduction 81 EUR/t17023091 reduction 117 EUR/t17023099 reduction 81 EUR/t17024010 reduction 16% (5)17024090 reduction 81 EUR/t170250 exemption170260 reduction 16% (5)17029010 exemption17029030 reduction 16% (5)17029050 reduction 81 EUR/t17029060 reduction 16% (5)17029071 reduction 16% (5)17029075 reduction 117 EUR/t17029079 reduction 81 EUR/t17029080 reduction 16% (5)17029099 reduction 16% (5)

1703 MOLASSES RESULTING FROM THE EXTRACTION OR REFINING OF SUGAR


1704 SUGAR CONFECTIONERY NOT CONTAINING COCOA, INCL. WHITE CHOCOLATE

170410 reduction 100% ad valorem customs duties17049010 exemption17049030 exemption17049051 reduction 100% ad valorem customs duties17049055 reduction 100% ad valorem customs duties17049061 reduction 100% ad valorem customs duties17049065 reduction 100% ad valorem customs duties17049071 reduction 100% ad valorem customs duties17049075 reduction 100% ad valorem customs duties17049081 reduction 100% ad valorem customs duties17049099 reduction 100% ad valorem customs duties

18 COCOA AND COCOA PREPARATIONS

1801 COCOA BEANS, WHOLE OR BROKEN, RAW OR ROASTED1801 exemption

1802 COCOA SHELLS, HUSKS, SKINS AND OTHER COCOA WASTE1802 exemption

1803 COCOA PASTE, WHETHER OR NOT DEFATTED1803 exemption

1804 COCOA BUTTER, FAT AND OIL1804 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. TRIGLY-CERIDES)

1521 exemption

1522 DEGRAS; RESIDUES RESULTING FROM THE TREATMENTOF FATTY SUBSTANCES OR ANIMAL OR VEGETABLE WAXES

15220010 exemption15220091 exemption15220099 exemption

16 PREPARATIONS OF MEAT, FISH OR CRUSTACEANS, MOLLUSCS OR OTHER AQUATIC INVERTEBRATES

1601 SAUSAGES AND SIMILAR PRODUCTS, OF MEAT, OFFALOR BLOOD; FOOD PREPARATIONS BASED ON THESE PRODUCTS


1602 PREPARED OR PRESERVED MEAT, OFFAL OR BLOOD (EXCL. SAUSAGESAND SIMILAR PRODUCTS, AND MEAT EXTRACTS AND JUICES)

160210 reduction 16%16022011 exemption16022019 exemption16022090 reduction 16%160231 within the limit of the quota (ctg 4) reduction 65%160232 within the limit of the quota (ctg 4) reduction 65%160239 within the limit of the quota (ctg 4) reduction 65%16024110 reduction 16%16024190 exemption16024210 reduction 16%16024290 exemption160249 reduction 16%16025031 exemption16025039 exemption16025080 exemption16029010 reduction 16%16029031 exemption16029041 exemption16029051 reduction 16%16029069 exemption16029072 exemption16029074 exemption16029076 exemption16029078 exemption16029098 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 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 OROTHERWISE 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 duties190520 reduction 100% ad valorem customs duties19053011 reduction 100% ad valorem customs duties; biscuits: exemption19053019 reduction 100% ad valorem customs duties; biscuits: exemption19053030 reduction 100% ad valorem customs duties19053051 reduction 100% ad valorem customs duties19053059 reduction 100% ad valorem customs duties19053091 reduction 100% ad valorem customs duties19053099 reduction 100% ad valorem customs duties190540 reduction 100% ad valorem customs duties190590 reduction 100% ad valorem customs duties

20 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 exemption200120 exemption20019020 exemption20019030 reduction 100% ad valorem customs duties20019040 reduction 100% ad valorem customs duties20019050 exemption20019060 exemption20019065 exemption20019070 exemption20019075 exemption20019085 exemption20019091 exemption

ex 20019096 exemption except vine leaves

2002 TOMATOES, PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID

2002 exemption

2003 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 exemption20041091 reduction 100% ad valorem customs duties20041099 exemption20049010 reduction 100% ad valorem customs duties

ex 20049030 exemption except olives20049050 exemption20049091 exemption20049098 exemption



1805 COCOA POWDER, NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

1805 exemption

1806 CHOCOLATE AND OTHER FOOD PREPARATIONS CONTAINING COCOA

18061015 exemption18061020 reduction 100% ad valorem customs duties18061030 reduction 100% ad valorem customs duties18061090 reduction 100% ad valorem customs duties180620 exemption180631 exemption180632 exemption18069011 exemption18069019 exemption18069031 exemption18069039 exemption18069050 exemption18069060 reduction 100% ad valorem customs duties18069070 reduction 100% ad valorem customs duties18069090 reduction 100% ad valorem customs duties

19 PREPARATIONS OF CEREALS, FLOUR, STARCH OR MILK; PASTRYCOOKS’ PRODUCTS

1901 MALT EXTRACT; FOOD PREPARATIONS OF FLOUR, MEAL, STARCHOR MALT EXTRACT, NOT CONTAINING COCOA POWDER OR CON-TAINING COCOA POWDER IN A PROPORTION BY WEIGHTOF < 40% NOT ELSEWHERE SPECIFIED OR INCLUDED; FOOD PREPARATIONS OF GOODS OF HEADINGS 04 01 TO 04 04

190110 reduction 100% ad valorem customs duties; exemption EA under the condition (c1)

190120 reduction 100% ad valorem customs duties; exemption EA under the condition (c1)

19019011 reduction 100% ad valorem customs duties19019019 reduction 100% ad valorem customs duties19019091 exemption19019099 reduction 100% ad valorem customs duties; exemption EA under

the condition (c1)

1902 PASTA, WHETHER OR NOT COOKED OR STUFFED WITH MEATOR OTHER SUBSTANCES OR OTHERWISE PREPARED, SUCH ASSPAGHETTI, MACARONI, NOODLES, LASAGNE, GNOCCHI, RAVIOLI,CANNELLONI; COUSCOUS, WHETHER OR NOT PREPARED

190211 reduction 100% ad valorem customs duties190219 reduction 100% ad valorem customs duties19022010 exemption19022030 reduction 16%19022091 reduction 100% ad valorem customs duties19022099 reduction 100% ad valorem customs duties190230 reduction 100% ad valorem customs duties190240 reduction 100% ad valorem customs duties

1903 TAPIOCA AND SUBSTITUTES THEREFOR PREPARED FROM STARCH,IN THE FORM OF FLAKES, GRAINS, PEARLS, SIFTINGS OR SIMILARFORMS

1903 exemption



20083071 exemption20083075 exemption20083079 exemption20083091 exemption20083099 exemption200840 exemption20085011 exemption20085019 reduction 100% ad valorem customs duties20085031 exemption20085039 exemption20085051 reduction 100% ad valorem customs duties20085059 exemption20085061 exemption20085069 exemption20085071 exemption20085079 exemption20085092 exemption20085094 exemption20085099 exemption20086011 exemption20086019 reduction 100% ad valorem customs duties20086031 exemption20086039 exemption20086051 exemption20086059 exemption20086061 exemption20086069 exemption20086071 exemption20086079 exemption20086091 exemption20086099 exemption20087011 exemption20087019 reduction 100% ad valorem customs duties20087031 exemption20087039 exemption20087051 reduction 100% ad valorem customs duties20087059 exemption20087061 exemption20087069 exemption20087071 exemption20087079 exemption20087092 exemption20087094 exemption20087099 exemption200880 exemption200891 exemption20089212 exemption20089214 exemption20089216 exemption20089218 exemption20089232 exemption20089234 exemption20089236 exemption20089238 exemption20089251 exemption20089259 exemption20089272 exemption20089274 exemption20089276 exemption20089278 exemption



2005 OTHER VEGETABLES PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID (EXCL. FROZEN, AND TOMATOES, MUSHROOMS AND TRUFFLES)

200510 exemption20052010 reduction 100% ad valorem customs duties20052020 reduction 16%20052080 reduction 16%200540 exemption200551 exemption200559 exemption200560 exemption200570 exemption200580 reduction 100% ad valorem customs duties200590 exemption

2006 FRUIT, NUTS, FRUIT PEEL AND OTHER PARTS OF PLANTS, PRESERVED BY SUGAR, DRAINED, GLACE OR CRYSTALLIZED

20060031 reduction 100% ad valorem customs duties20060035 reduction 100% ad valorem customs duties20060038 reduction 100% ad valorem customs duties20060091 exemption20060099 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 exemption20071091 exemption20071099 exemption20079110 reduction 100% ad valorem customs duties20079130 reduction 100% ad valorem customs duties20079190 exemption20079910 exemption20079920 exemption20079931 exemption20079933 exemption20079935 exemption20079939 exemption20079951 exemption20079955 exemption20079958 exemption20079991 exemption20079993 exemption20079998 exemption

2008 FRUITS, NUTS AND OTHER EDIBLE PARTS OF PLANTS, PREPAREDOR PRESERVED, WHETHER OR NOT CONTAINING ADDED SUGAROR OTHER SWEETENING MATTER OR SPIRIT, NOT ELSEWHERESPECIFIED OR INCLUDED

200811 exemption200819 exemption200820 exemption20083011 exemption20083019 reduction 100% ad valorem customs duties; grapefruit: exemption20083031 exemption20083039 exemption20083051 exemption20083055 exemption20083059 exemption



200950 exemption200960 exemption20097011 reduction 100% ad valorem customs duties20097019 exemption20097030 exemption20097091 reduction 100% ad valorem customs duties20097093 exemption20097099 exemption20098011 reduction 100% ad valorem customs duties20098019 exemption20098032 exemption20098033 reduction 100% ad valorem customs duties20098035 reduction 100% ad valorem customs duties20098036 exemption20098038 exemption20098050 exemption20098061 reduction 100% ad valorem customs duties20098063 exemption20098069 exemption20098071 exemption20098073 exemption20098079 exemption20098083 exemption20098084 reduction 100% ad valorem customs duties20098086 reduction 100% ad valorem customs duties20098088 exemption20098089 exemption20098095 exemption20098096 exemption20098097 exemption20098099 exemption20099011 reduction 100% ad valorem customs duties20099019 exemption20099021 reduction 100% ad valorem customs duties20099029 exemption20099031 reduction 100% ad valorem customs duties20099039 exemption20099041 exemption20099049 exemption20099051 exemption20099059 exemption20099071 reduction 100% ad valorem customs duties20099073 exemption20099079 exemption20099092 exemption20099094 reduction 100% ad valorem customs duties20099095 exemption20099096 exemption20099097 exemption20099098 exemption

21 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




20089292 exemption20089293 exemption20089294 exemption20089296 exemption20089297 exemption20089298 exemption20089911 exemption20089919 exemption20089921 exemption20089923 exemption20089925 exemption20089926 exemption20089928 exemption20089932 exemption20089933 reduction 100% ad valorem customs duties20089934 reduction 100% ad valorem customs duties20089936 exemption20089937 exemption20089938 exemption20089940 exemption20089943 exemption20089945 exemption20089946 exemption20089947 exemption20089949 exemption20089953 exemption20089955 exemption20089961 exemption20089962 exemption20089968 exemption20089972 exemption20089974 exemption20089979 exemption

ex 20089985 exemption except sweet corn20089991 reduction 100% ad valorem customs duties

ex 20089999 exemption except vine leaves

2009 FRUIT JUICES, INCL, GRAPE MUST, AND VEGETABLE JUICES, UNFERMENTED, NOT CONTAINING ADDED SPIRIT, WHETHER ORNOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

20091111 reduction 100% ad valorem customs duties20091119 exemption20091191 reduction 100% ad valorem customs duties20091199 exemption20091911 reduction 100% ad valorem customs duties20091919 exemption20091991 reduction 100% ad valorem customs duties20091999 exemption200920 exemption20093011 reduction 100% ad valorem customs duties20093019 exemption20093031 exemption20093039 exemption20093051 reduction 100% ad valorem customs duties20093055 exemption20093059 exemption20093091 reduction 100% ad valorem customs duties20093095 exemption20093099 exemption200940 exemption



2204 WINE OF FRESH GRAPES, INCL, FORTIFIED WINES; GRAPE MUST,PARTLY FERMENTED, OF ACTUAL ALCOHOLIC STRENGTH OF > 0,5% VOL, WHETHER OR NOT WITH ADDED ALCOHOL

22043092 exemption22043094 exemption22043096 exemption22043098 exemption

2205 VERMOUTH AND OTHER WINE OF FRESH GRAPES, FLAVOURED WITH PLANTS OR AROMATIC SUBSTANCES

2205 exemption

2206 OTHER FERMENTED BEVERAGES AND MIXTURES OF FERMENTEDBEVERAGES (CIDER, PERRY, MEAD); MIXTURES OF FERMENTEDBEVERAGES AND NON ALCOHOLIC BEVERAGES, NOT ELSEWHERESPECIFIED OR INCLUDED.

22060031 exemption22060039 exemption22060051 exemption22060059 exemption22060081 exemption22060089 exemption

2207 UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH BYVOLUME OF >= 80%; ETHYL ALCOHOL AND OTHER SPIRITS,DENATURED, OF ANY STRENGTH

2207 exemption

2208 UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH BYVOLUME OF < 80%; SPIRITS, LIQUEURS AND OTHER SPIRITUOUSBEVERAGES; COMPOUND ALCOHOLIC PREPARATIONS OF A KINDUSED FOR THE MANUFACTURE OF BEVERAGES

2208 exemption

2209 VINEGAR AND SUBSTITUTES FOR VINEGAR OBTAINED FROM ACETIC ACID


23 RESIDUES AND WASTE FROM THE FOOD INDUSTRIES; PREPARED ANIMAL FODDER

2302 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/t230220 reduction 7,2 EUR/t230230 reduction 7,2 EUR/t230240 reduction 7,2 EUR/t230250 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



210120 exemption21013011 exemption21013019 reduction 100% ad valorem customs duties21013091 exemption21013099 reduction 100% ad valorem customs duties

2102 YEASTS, ACTIVE OR INACTIVE, OTHER DEAD SINGLE-CELL MICROORGANISMS, PREPARED BAKING POWDERS (EXCL. SINGLE CELLMICRO ORGANISMS PACKAGED AS MEDICAMENTS)

21021010 exemption21021031 reduction 100% ad valorem customs duties21021039 reduction 100% ad valorem customs duties21021090 exemption210220 exemption210230 exemption

2103 SAUCE AND PREPARATIONS THEREFOR; MIXED CONDIMENTS ANDMIXED SEASONINGS; MUSTARD FLOUR AND MEAL, WHETHER ORNOT PREPARED, AND MUSTARD

2103 exemption

2104 SOUPS AND BROTHS AND PREPARATIONS THEREFOR; FOOD PREPARATIONS CONSISTING OF FINELY HOMOGENIZED MIXTURESOF 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


2106 FOOD PREPARATIONS NOT ELSEWHERE SPECIFIED OR INCLUDED

210610 reduction 100% ad valorem customs duties21069020 exemption21069030 reduction 16% (5)21069051 reduction 16%21069055 reduction 81 EUR/t21069059 reduction 16% (5)21069092 exemption21069098 reduction 100% ad valorem customs duties

22 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, CON-TAINING ADDED SUGAR OR OTHER SWEETENING MATTER ORFLAVOURED, AND OTHER NON-ALCOHOLIC BEVERAGES (EXCLUD-ING FRUIT OR VEGETABLE JUICES AND MILK)

220210 exemption22029010 exemption22029091 reduction 100% ad valorem customs duties22029095 reduction 100% ad valorem customs duties22029099 reduction 100% ad valorem customs duties

2203 BEER MADE FROM MALT2203 exemption



3502 ALBUMINS, INCL, CONCENTRATES OF TWO OR MORE WHEY PROTEINS CONTAINING BY WEIGHT > 80% WHEY PROTEINS, CALCULATED ON THE DRY MATTER, ALBUMINATES AND OTHERALBUMIN DERIVATIVES

35021190 reduction 100% ad valorem customs duties35021990 reduction 100% ad valorem customs duties35022091 reduction 100% ad valorem customs duties35022099 reduction 100% ad valorem customs duties

3503 GELATIN, WHETHER OR NOT IN SQUARE OR RECTANGULARSHEETS, WHETHER OR NOT SURFACE WORKED OR COLOURED,AND GELATIN DERIVATIVES; ISINGLASS; OTHER GLUES OF ANIMALORIGIN (EXCL. CASEIN GLUES OF HEADING No 3501)

3503 exemption

3504 PEPTONES AND THEIR DERIVATIVES; OTHER ALBUMINOUS SUB-STANCES AND THEIR DERIVATIVES NOT ELSEWHERE SPECIFIED OR INCLUDED; HIDE POWDER, WHETHER OR NOT CHROMED

3504 exemption

3505 DEXTRINS AND OTHER MODIFIED STARCHES, E.G. PRE GELATINISED OR ESTERIFIED STARCHES; GLUES BASED ONSTARCHES, DEXTRINS OR OTHER MODIFIED STARCHES (EXCL. THOSE PUT UP FOR RETAIL SALE AND WEIGHING =< 1 KG)

35051010 reduction 100% ad valorem customs duties35051050 exemption35051090 reduction 100% ad valorem customs duties350520 reduction 100% ad valorem customs duties

38 MISCELLANEOUS CHEMICAL PRODUCTS

3809 FINISHING AGENTS, DYE CARRIERS TO ACCELERATE THE DYEINGOR FIXING OF DYES AND OTHER PRODUCTS AND PREPARATIONSSUCH AS DRESSINGS AND MORDANTS OF A KIND USED IN THETEXTILE, PAPER, LEATHER OR LIKE INDUSTRIES NOT ELSEWHERESPECIFIED OR INCLUDED


3824 PREPARED BINDERS FOR FOUNDRY MOULDS OR CORES; CHEMICAL PRODUCTS AND PREPARATIONS FOR THE CHEMICAL ORALLIED INDUSTRIES, INCL, MIXTURES OF NATURAL PRODUCTS NOTELSEWHERE SPECIFIED OR INCLUDED; RESIDUAL PRODUCTS OFTHE CHEMICAL OR ALLIED INDUSTRIES


50 SILK

50 exemption

52 COTTON

52 exemption



2308 ACORNS, HORSE-CHESTNUTS, MARC AND OTHER VEGETABLE MATER-IALS AND VEGETABLE WASTE, VEGETABLE RESIDUES AND BY PROD-UCTS OF A KIND USED IN ANIMAL FEEDING, WHETHER OR NOT INTHE FORM OF PELLETS, NOT ELSEWHERE SPECIFIED OR INCLUDED

23089090 exemption

2309 PREPARATIONS OF A KIND USED IN ANIMAL FEEDING23091013 reduction 10,9 EUR/t23091015 reduction 16%23091019 reduction 16%23091033 reduction 10,9 EUR/t23091039 reduction 16%23091051 reduction 10,9 EUR/t23091053 reduction 10,9 EUR/t23091059 reduction 16%23091070 reduction 16%23091090 exemption23099010 exemption23099031 reduction 10,9 EUR/t23099033 reduction 10,9 EUR/t23099035 reduction 16%23099039 reduction 16%23099041 reduction 10,9 EUR/t23099043 reduction 10,9 EUR/t23099049 reduction 16%23099051 reduction 10,9 EUR/t23099053 reduction 10,9 EUR/t23099059 reduction 16%23099070 reduction 16%23099091 exemption

24 TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES

24 exemption (6)

29 ORGANIC CHEMICALS

2905 ACYCLIC ALCOHOLS AND THEIR HALOGENATED, SULPHONATED, NITRATED OR NITROSATED DERIVATIVES


33 ESSENTIAL OILS AND RESINOIDS; PERFUMERY, COSMETIC OR TOILET PREPARATIONS

3301 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 exemption

3302 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 exemption

35 ALBUMINOUS SUBSTANCES; MODIFIED STARCHES; GLUES; ENZYMES

3501 CASEIN, CASEINATES AND OTHER CASEIN DERIVATIVES; CASEIN GLUES (EXCL. THOSE PACKAGED AS GLUE FOR RETAIL SALEAND WEIGHING =< 1 KG)

3501 exemption



References

quota 1 100 tons Live sheep and goats

quota 2 500 tons Meat of sheep or goats

quota 3 400 tons Poultrymeat

quota 4 500 tons Prepared poultrymeat

quota 5 1000 tons Milk and cream

quota 6 1000 tons Cheese and curd

quota 7 500 tons Pigmeat

quota 8 500 tons Prepared pigmeat

quota 9 600 000 tons Molasses

quota 10 15 000 tons Wheat and meslin

quota 11 125 000 tons Husked rice

quota 12 20 000 tons Broken rice

quota 13a 2 000 tons Tomatoes other than cherry tomatoes

quota 13b 2 000 tons Cherry tomatoes

quota 14 800 tons Seedless table grapes

quota 15 1 000 tons Apples

quota 16 2 000 tons Pears

quota 17 1 600 tons Strawberries

ceiling 1 100 000 tons Sorghum

ceiling 2 60 000 tons Millet

ceiling 3 200 tons Fresh figs

rq 1 25 000 tons Oranges

rq 2 4 000 tons Mandarins

rq 3 100 tons Seedless table grapes



Provisions for the French overseas departments

1. Customs duties shall not be levied on imports into the French overseas departments of thefollowing products originating in the ACP States or the overseas countries and territories:

CN code Description

0102 Live bovine animals of domesticated species other than pure-bred breeding animals

0102 900102 90 050102 90 210102 90 290102 90 410102 90 490102 90 510102 90 590102 90 610102 90 690102 90 710102 90 79

0201 Meat of bovine animals, fresh, chilled or frozen0202

0206 10 95

0206 290910709 90 60 Sweet corn

0712 10 90

1005 90 00

0714 10 91 - Manioc roots, including yams0714 90 11

2. 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 Statesor the overseas countries and territories exceed 25 000 tonnes within a given year, and ifthese imports threaten to seriously disturb these markets, the Commission shall take thenecessary 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.


(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 theCommunity during whichever year between 1969 and 1974 Community imports of products of that origin werehighest, plus an annual growth rate of 7%, exemption from customs duties on the products of that origin shall bepartially 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 amountequivalent 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 theapplication of normal customs duties until the end of the period of validity; the duties applicable shall be reducedby 50%.

(4) If imports of a product exceed the reference quantity, a decision may be taken to make it subject to a ceiling equalto 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 code2401, originating in the ACP States, or if these imports create difficulties which bring about a deterioration in theeconomic situation of a region of the Community, the Community may take measures to counteract any deflectionof 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 ofless than 75% by weight.

- assisting ACP rice producers to meetenvironmental and waste manage-ment standards and other norms in theinternational markets, including theCommunity;

- marketing and trade promotion;- programmes designed to develop

value added by products.

This package of measures will befinanced in ACP rice exporting nationson a national basis, by agreement ofboth Parties, through specific sectoralprogrammes in accordance with pro-gramming rules and methods and in theshort term through unallocated EDFresources after a decision of theCouncil of Ministers.

4. The Parties reiterate their commitmentto cooperate closely in order to ensurethat the ACP States can benefit fullyfrom the Community trade preferencesfor rice. They agree on the importanceof effective and transparent implemen-tation of all rice exports to theCommunity of ACP origin.

5. The Community will examine after theentry into force of the agreement theposition of the ACP rice sector in thelight of future changes occurring on theCommunity’s rice market. To this end,the Parties agree to create with the ACPand representatives of the sector con-cerned, a joint working party, whichshall meet annually. The Communityfurther undertakes to consult the ACPStates on any bilateral or multilateraldecisions which may have an impact onthe competitive position of the ACP riceindustry in the Community market.

DECLARATION XXVJoint Declaration on rum

The Parties recognise the importance ofthe rum sector for the economic andsocial development of several ACP coun-tries and regions and its major contribu-tion in providing employment, exportearnings and Government revenues. They

acknowledge that rum is a value addedagro industrial ACP product capable, ifappropriate efforts are undertaken, ofcompeting in a global economy. Theytherefore acknowledge the need to takeall measures that might be necessary toovercome the competitive disadvantage,which ACP producers are presently facing.In this context they also note the under-taking contained in the Council andCommission Declaration of 24 March 1997to fully take into account in any futurenegotiations and arrangements related tothe rum sector, the impact of the EC USagreement to eliminate the duty on cer-tain spirituous beverages of the samedate. They also recognise the urgent needfor ACP producers to become less depend-ent on the commodity rum market.

The Parties therefore agree on the needfor the rapid development of the ACP rumindustry so as to allow exporters of ACPrum to compete on the Community andthe international spirits markets. To thisend, they agree to implement the follow-ing measures:

1) Rum, arak and tafia originating in theACP countries or regions falling underHS Code 22 08 40 shall be importedunder this Agreement and any succes-sor agreement to this Agreement, dutyfree and without quantitative limita-tions.

2) The Community undertakes to ensurefair competition in the Community mar-ket and that ACP rum is not disadvan-taged or discriminated against in theEU market, in relation to third countryrum producers.

3) The Community will, when consideringany request for derogation to the provi-sions of Article 1.4(1) and (2) of CouncilRegulation (EC) No 1576/1989 of 29March 1989 consult with and takeaccount of the particular interests ofACP countries.

4) The Community is prepared to providesufficient funds to finance during thepreparatory period, in consultation


DECLARATION XXIIIJoint Declaration on market access in

the ACP EC Partnership

The Parties accept the fact that both sidesexpect to take part in the negotiations andimplementation of agreements leading tofurther multilateral and bilateral tradeliberalisation.

The Parties note the Community’s commit-ment to provide least developed countrieswith free market access for essentially allproducts by 2005.

At the same time they recognise, withrespect to ACP preferential access to theCommunity market, that this widerprocess of liberalisation could lead to adeterioration in the relative competitiveposition of the ACP States which wouldthreaten their development efforts, whichthe Community is concerned to support.

The Parties therefore agree to examine allnecessary measures in order to maintain thecompetitive position of the ACP States onthe Community market during the prepara-tory period. This examination may include,inter alia, calendar requirements, rules oforigin, sanitary and phytosanitary measuresand implementation of specific measuresaddressing supply side constraints in theACP countries. The objective will be to offerACP countries possibilities to exploit theirexisting and potential comparative advan-tage on the Community market. Bearing inmind their commitment to cooperation inthe WTO, the Parties agree that this exam-ination will also take into account any exten-sion within the WTO of the trade advantageswhich may be offered by member countriesto developing countries.

To this end, the Joint Ministerial TradeCommittee should make recommenda-tions on the basis of an initial review to beprepared by the Commission and the ACPSecretariat. The EC Council will examinethese recommendations on the basis of aproposal from the Commission, with aview to preserving the benefits of the ACPEC trade arrangement.

The Council of the European Union, for itspart, underlines its obligation to take intoaccount the effect of any agreement orother measures to be taken by the EC onACP EC trade. It requests the Commissionto carry out the necessary impact assess-ments on a systematic basis.

The measures will relate to the prepara-tory period and will take due account ofthe Community’s common agriculturalpolicy.

The Joint Ministerial Trade Committeeshall monitor the implementation of thisDeclaration and make appropriate reportsto the Council of Ministers.

DECLARATION XXIVJoint Declaration on rice

1. The Parties recognise the importance ofrice for the economic development of anumber of ACP countries in terms ofemployment, foreign exchange andsocial and political stability.

2. They further recognise the importanceof the Community market for rice. TheCommunity reaffirms its commitment toenhance the competitiveness and effi-ciency of the ACP rice sector in order tomaintain a viable and sustainableindustry and thereby contribute to thesmooth integration of ACP countriesinto the world economy.

3. The Community is prepared to providesufficient funds to finance during thepreparatory period, in consultation withthe ACP sector concerned, an integratedsector-specific programme for thedevelopment of ACP exporters of ricewhich could in particular include the fol-lowing measures:

- improvement of conditions of prod-uction and enhancement of qualitythrough action in the areas of research,harvesting and handling;

- transport and storage;

- enhancing the competitiveness ofexisting exporters of rice;


originating in the ACP States referred to inArticle 1(2) of Annexe V.

When examining the possible applicationof this right, the Community will take intoconsideration the direct trade betweenthe ACP States and the French overseasdepartments. Information and consult-ation procedures shall apply between theparties concerned in accordance withArticle 12 of Annexe V.

DECLARATION XXVIIIJoint Declaration on cooperation between

ACP States and the neighbouring overseas countries and territories and French overseas departments

The Parties shall encourage greaterregional cooperation in the Caribbean, thePacific and the Indian Ocean involving ACPStates and the neighbouring overseascountries and territories and French over-seas departments.

The Parties call upon interested Parties toconsult each other on the procedure forpromoting such cooperation and, in thiscontext, to take measures, in line withtheir respective policies and their specificsituation in the region, which will permitinitiatives in the economic field, includingthe development of trade, as well as in thesocial and cultural fields.

Where there are trade agreements involv-ing French overseas departments, suchagreements may provide for specificmeasures in favour of products from thosedepartments.

Issues relating to cooperation in these dif-ferent areas shall be brought to the atten-tion of the Council of Ministers, so that itcan be duly informed of the progressachieved.

DECLARATION XXIXJoint Declaration on products covered by

the common agricultural policy

The Parties recognise that productscovered by the common agricultural policy

follow specific rules and regulations, inparticular with regard to safeguard meas-ures. The provisions of the Agreementconcerning the safeguard clause may beapplied to these products only insofar asthey are consistent with the specificnature of these rules and regulations.

DECLARATION XXXACP Declaration on Article 1 of Annexe V

Conscious of the imbalance and the dis-criminatory effect resulting from the mostfavoured nation treatment applicable toproducts originating in the ACP States onthe Community market under Article1(2)(a) of Annexe V, the ACP States reaffirmtheir understanding that the consultationsprovided for under this Article shall ensurethat the ACP States’ main exportableproducts benefit from treatment at leastas favourable as that granted by theCommunity to countries enjoying the mostfavoured third state treatment.

In addition similar consultations shalltake place in cases where:

a) one or more ACP States show poten-tialities for one or more specific prod-ucts for which preferential third statesenjoy more favourable treatment;

b) one or more ACP States envisage export-ing to the Community one or more spe-cific products for which preferential thirdstates enjoy more favourable treatment.

DECLARATION XXXICommunity Declaration onArticle 5(2)(a) of Annexe V

While agreeing to the reproduction of thetext of Article 9(2)(a) of the Second ACPEEC Convention in Article 5(2)(a) of AnnexeV, the Community reaffirms the interpreta-tion of that text, namely that the ACP Statesshall grant to the Community treatment noless favourable than that which they grantto developed States under trade agree-ments where those States do not grant theACP States greater preferences than thosegranted by the Community.


with the ACP sector concerned, an inte-grated sector specific programme forthe development of ACP exporters ofrum, which could in particular includethe 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 manage-ment standards and other norms in theinternational markets including theCommunity market;

- assist the ACP rum industry to moveout of bulk commodity production intohigher value branded rum products.

This package of measures will be financedon a national and regional basis, by agree-ment of both parties, through specific sec-toral programmes in accordance with pro-gramming rules and methods and, in theshort term, through unallocated EDFresources after a decision of the Councilof Ministers.

5) The Community commits itself to exam-ine the impact on the ACP industry ofthe indexation of the price point incor-porated in the Memorandum ofUnderstanding on rum in the agree-ment on white spirits of March 1997 atwhich duties on non ACP rum areapplied. In this light it will take, wherenecessary, appropriate measures.

6) The Community undertakes to conductappropriate consultations with the ACPthrough a joint working party, whichshall meet regularly, on specific issuesarising from these undertakings. TheCommunity further undertakes to con-sult the ACP States on any bilateral ormultilateral decisions, including tariffreductions and the enlargement of theCommunity, which may impact on thecompetitive pos-ition of the ACP rumindustry in the Community market.

DECLARATION XXVIJoint Declaration on beef and veal

1. The Community undertakes to ensurethat the ACP States, beneficiaries of theProtocol on beef and veal, derive fullbenefits therefrom. To this end, it com-mits itself to give effect to the provi-sions of this protocol by enacting in atimely fashion appropriate rules andprocedures.

2. The Community further undertakes toimplement the protocol so that ACPStates can market their beef and vealthroughout the year without unduerestrictions. In addition, the EC willassist the ACP beef and veal exportersto improve their competitivenessthrough, inter alia, addressing supplyside constraints, in accordance with the development strategies set out inthis Agreement and within the contextof National and Regional IndicativeProgrammes.

3. The Community will examine therequests of ACP Least DevelopedCountries to export their beef and vealunder preferential conditions in thecontext of the actions it intends to takeunder the WTO’s Integrated Frameworkfor Least Developed Countries.

DECLARATION XXVIIJoint 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 Annexe V

The Parties reaffirm that the provisions ofAnnexe V apply to the relations betweenthe French overseas departments and theACP States.

The Community shall have the right duringthe life of the Agreement to amend, in thelight of the economic development require-ments of the French overseas depart-ments, the arrangements governingaccess to the latter’s markets for products


4. In order to help ACP enterprises in theirefforts to find new sources of supplywith a view to benefiting to the max-imum extent from the provisions of theProtocol as regards cumulation of ori-gin, steps will be taken to ensure thatthe Centre for the Development ofEnterprise provides assistance to ACPoperators in the establishment ofappropriate contacts with suppliers inthe ACP States, the Community and thecountries and territories, as well as topromote relations in the field of indus-trial cooperation among the operatorsconcerned.

DECLARATION XXXVIIJoint Declaration relating to

Protocol 1of Annexe V on the origin of fishery products

The Community acknowledges the right ofthe coastal ACP States to the developmentand rational exploitation of the fisheryresources in all waters within their juris-diction.

The Parties agree that the existing rules oforigin have to be examined in order todetermine what possible changes mayhave to be made in the light of the firstparagraph.

Conscious of their respective concerns andinterests, the ACP States and theCommunity agree to continue examiningthe problem posed by the entry, ontoCommunity markets, of fishery productsfrom catches made in zones within thenational jurisdiction of the ACP States,with a view to arriving at a solution satis-factory to both sides. This examination willtake place in the Customs CooperationCommittee, assisted, when necessary, bythe appropriate experts, after entry intoforce of the Agreement. The results of thisexamination shall be submitted, within thefirst year of application of the Agreement,to the Committee of Ambassadors and, atthe latest during the second year, to theCouncil of Ministers for their considerationwith a view to arriving at a solution satis-factory to both sides.

For the time being, as regards the pro-cessing of fishery products in the ACPStates, the Community declares that it iswilling to examine with an open mindrequests for derogations from the rules oforigin for processed products in this pro-duction sector based on the existence ofcompulsory landing requirements provid-ed for in fishery agreements with thirdcountries. The examination the Communityis to make will take into account in par-ticular the fact that the third countries con-cerned should ensure the normal marketfor such productions, following process-ing, insofar as the latter are not intendedfor national or regional consumption.

DECLARATION XXXVIIICommunity Declaration relating

to Protocol 1 of Annexe V on the extent of territorial waters

The Community, recalling that the relevantacknowledged principles of internationallaw restrict the maximum extent of terri-torial waters to 12 nautical miles, declaresthat it will take account of this limit inapplying the provisions of the Protocolwherever the latter refers to this concept.

DECLARATION XXXIXACP Declaration relating to Protocol 1

of Annexe V on the origin of fisheryproducts

The ACP States reaffirm the point of viewthey expressed throughout the negotia-tions on the rules of origin in respect offishery products and consequently main-tain that following the exercise of theirsovereign rights over fishery resources inthe waters within their national jurisdic-tion, including the exclusive economiczone, as defined in the United NationsConvention on the Law of the Sea, allcatches effected in those waters andobligatorily landed in ports of the ACPStates for processing should enjoy origin-ating status.


DECLARATION XXXIIJoint Declaration on non discrimination

The Parties agree that notwithstandingspecific provisions of Annexe V to thisAgreement, the Community shall not dis-criminate between ACP States in the traderegime provided for in the framework ofthat Annexe, taking account however ofthe provisions of this Agreement and ofspecific autonomous initiatives in themultilateral context, such as that in favourof the least developed countries pursuedby the Community.

DECLARATION XXXIIICommunity Declaration on Article 8(3)

of Annexe V

Were the Community to adopt the strictlynecessary measures referred to in thisArticle, it would endeavour to seek thosewhich, by reason of their geographical scopeor the types of products concerned, wouldleast disturb the exports of the ACP States.

DECLARATION XXXIVJoint Declaration on Article 12

of Annexe V

The Parties agree that the consultationsreferred to in Article 12 of Annexe V shouldtake place in accordance with the follow-ing procedures:

i) the two Parties will provide all neces-sary and relevant information on thespecific issue(s) in good time to enablean early initiation of the discussions,and in any event not later than onemonth after the request for consult-ation is received,

ii) the three month consultation period willstart from the date of receipt of thisinformation. Within these three months,technical examination of such informa-tion shall be completed within onemonth, and joint consultations at thelevel of the Committee of Ambassadorsshall be completed within two furthermonths,

iii) if the conclusion arrived at is not mutu-ally acceptable, the matter shall bereferred to the Council of Ministers,

iv) in the event that no mutually accept-able solution is adopted by the Councilof Ministers, the Council will decidewhat other steps should be taken inorder to resolve the differences identi-fied in the consultations.

DECLARATION XXXVJoint Declaration relating to Protocol 1

of Annexe V

If special tariff treatment were to beapplied by the ACP States to imports ofproducts originating in the Community,including Ceuta and Melilla, the provisionsof Protocol 1 would apply mutatis mutandis.In all other cases where the treatmentapplied to imports by the ACP Statesnecessitates the provision of proof of ori-gin, those States shall accept certificatesof origin drawn up in accordance with therelevant international agreements.

DECLARATION XXXVIJoint Declaration relating to Protocol 1

of Annexe V

1. For the purposes of applying Article12(2)(c) of the Protocol, the shippingcertificate, issued in the first port ofembarkation for the Community, shallbe equivalent to the through bill of lad-ing for products covered by movementcertificates issued in landlocked ACPStates.

2. Products exported from landlocked ACPStates which are warehoused else-where than in the ACP States or thecountries and territories referred to inAnnexe III to the Protocol may be thesubject of movement certificates issuedunder the circumstances referred to inArticle 16 thereof.

3. For the purposes of Article 15(4) of theProtocol, certificates EUR.1 issued by acompetent authority and endorsed by thecustoms authorities will be accepted.


of the other part,meeting in Luxembourg on the twenty-fifth day of June in the year two thousandand five for the signature of theAgreement amending the PartnershipAgreement between the members of theAfrican, Caribbean and Pacific Group ofStates, of the one part, and the EuropeanCommunity and its Member States, of theother part, signed in Cotonou on 23 June2000, have at the time of signature of thisAgreement adopted the followingdeclarations attached to this Final Act:

DECLARATION IJoint declaration on

article 8 of the Cotonou agreement

In relation to dialogue at national andregional levels, for the purposes of Article 8of the Cotonou Agreement, the ’ACP Group’shall be taken to mean the Troika of theACP Committee of Ambassadors (CoA) andthe Chairperson of the ACP Sub-committeeon Political, Social, Humanitarian andCultural Affairs (PSHCA); the JointParliamentary Assembly (JPA) shall beinterpreted as the Co-Presidents of the JPA,or their designated nominees.

DECLARATION IIJoint declaration on

article 68 of the Cotonou agreement

The ACP-EC Council of Ministers willexamine, in application of the provisionscontained in Article 100 of the CotonouAgreement, the proposals of the ACP sideconcerning Annexe II thereof on short-term fluctuations in export earnings(FLEX).

DECLARATION IIIJoint declaration on annexe Ia

Should the Agreement amending theCotonou Agreement not have entered intoforce by 1 January 2008, cooperation shallbe financed from the balances of the 9th

EDF and from the previous EDFs.

DECLARATION IVJoint declaration

on article 3(5)of annexe IV

For the purposes of Article 3(5) of AnnexeIV, ’special needs’ are needs resulting fromexceptional or unforeseen circumstances,such as post-crisis situations; ’exceptionalperformance’ means a situation in which,outside the mid-term and end-of-termreviews, a country’s allocation is totallycommitted and additional funding fromthe national indicative programme can beabsorbed against a background ofeffective poverty-reduction policies andsound financial management.

DECLARATION VJoint declaration on article 9(2)

of annexe IV

For the purposes of Article 9(2) of AnnexeIV, ’new needs’ are needs resulting fromexceptional or unforeseen circumstances,such as post-crisis situations; ’exceptionalperformance’ means a situation in which,outside the mid-term and end-of-termreviews, a region’s allocation is totallycommitted and additional funding from theregional indicative programme can beabsorbed against a background of effectiveregional integration policies and soundfinancial management.

DECLARATION VIJoint declaration on

article 12(2) of annexe VI

For the purposes of Article 12(2) ofAnnexe VI, ’new needs’ are needs whichmay arise from exceptional or unforeseencircumstances, such as those arisingfrom new commitments to internationalinitiatives or to address challenges whichare common to ACP countries.


DECLARATION XLJoint Declaration on the application

of the value tolerance rule in the tuna sector

The European Community undertakes toimplement adequate provisions to givefull effect to the application in the tunasector of the value tolerance rule, providedfor in Article 4(2) of Protocol 1 of Annexe V.To this end, the Community will submit bythe date of signature of this Agreementthe conditions under which the 15% nonoriginating tuna may be used pursuant tothis Article.

The Community proposal will specify howthe method of calculation shall be basedon the EUR. 1 movement certificate.

The two Parties agree, if difficulties arisein achieving the flexibility aimed at by theapplication of this method, to undertake arevision of the method after two years ofits application.

DECLARATION XLIJoint Declaration on Article 6(11)

of Protocol 1 of Annexe V

The Community agrees to consider, in thelight of Article 40 of Protocol 1, and on acase by case basis, any substantiatedrequests presented after the signing ofthe Agreement regarding textile productsexcluded from cumulation with neigh-bouring developing countries (Article 6(11)of Protocol 1).

DECLARATION XLIIJoint Declaration on rules of origin:

cumulation with South Africa

The ACP-EC Customs Cooperation Com-mittee is prepared to examine as soon aspossible any requests for cumulation ofworking and processing under Article 6(10)of Protocol 1 of Annexe V coming fromregional bodies representing a high levelof regional economic integration.

DECLARATION XLIIIJoint Declaration on Annexe 2

to Protocol 1 of Annexe V

If in the application of the rules containedin Annexe II, ACP States’ exports areadversely affected, the Community willexamine and, where necessary, adoptappropriate corrective measures to reme-dy the situation with a view to re estab-lishing the ex ante situation (Decision2/97 of the Council of Ministers).

The Community has noted the requestsmade by ACP States on rules of origin in the context of the negotiations. TheCommunity agrees to consider any sub-stantiated requests for improvement ofthe rules of origin contained in Annexe IIin the light of Article 40 of Protocol 1 andon a case by case basis.


2. The minimum aid effort referred to inparagraph 2 of Annexe Ia is guaranteed,without prejudice to the eligibility of theACP countries for additional resourcesunder other financial instruments whichalready exist or, potentially, may becreated in support of actions in areassuch as emergency humanitarian aid,food security, poverty-related diseases,support for the implementation of theEconomic Partnership Agreements,support for the measures envisagedfollowing the reform of the sugarmarket, and relating to peace andstability.

3. The deadline for the commitment offunds of the 9th EDF, fixed at31 December 2007, could be reviewed if necessary.

DECLARATION XVICommunity declaration on articles 4(3),

5(7), 16(5) and (6) and 17(2) of annexe IV

These provisions are without prejudice tothe role of the Member States in thedecision making process.

DECLARATION XVIICommunity declaration

on article 4(5) of annexe IV

Article 4(5) of Annexe IV and the return tothe standard management arrangementswill be implemented by means of aCouncil decision based on a Commissionproposal. This decision will be dulynotified to the ACP Group.

DECLARATION XVIIICommunity declaration

on article 20 of annexe IV

The provisions of Article 20 of Annexe IVwill be implemented in accordance withthe principle of reciprocity with otherdonors.

DECLARATION XIXCommunity declaration on

articles 34, 35 and 36 of annexe IV

The detailed respective responsibilities ofmanagement and executing agents ofFund resources are included in a manualon procedures upon which ACP States willbe consulted in accordance with Article 12of the Cotonou Agreement. The manualwill be made available to ACP States fromthe entry into force of the Agreementamending the Cotonou Agreement. Anyamendments to the manual will be subjectto the same procedure.

DECLARATION XXCommunity declaration on

article 3 of annexe VII

As regards the modalities foreseen inArticle 3 of Annexe VII, the position to betaken by the Council of the EuropeanUnion within the Council of Ministers willbe based on a proposal by theCommission.


DECLARATION VIIJoint declaration on article 13

of annexe IV

In view of the particular geographicsituation of the Caribbean and Pacificregions, the ACP Council of Ministers orthe ACP Committee of Ambassadors may,notwithstanding Article 13(2)(a) of AnnexeIV, present a specific funding request forone or the other of these regions.

DECLARATION VIIIJoint declaration on article 19a

of annexe IV

In accordance with Article 100 of theCotonou Agreement, the Council ofMinisters will examine the provisions ofAnnexe IV concerning the awarding andperformance of contracts with a view toadopting them before the Agreementamending the Cotonou Agreement entersinto force.

DECLARATION IXJoint declaration on article 24(3)

of annexe IV

The ACP States will be consulted, a priori,on any amendments to the Communityrules referred to in Article 24(3) ofAnnexe IV.

DECLARATION XJoint declaration on article 2

of annexe VII

The internationally recognised standardsand norms are those of the instrumentsreferred to in the Preamble of the CotonouAgreement.

DECLARATION XICommunity declaration on articles 4 and

58(2) of the Cotonou agreement

For the purpose of Articles 4 and 58(2), itis understood that the term ’localdecentralised authorities’ covers all levelsof decentralisation including ’collectivitéslocales’.

DECLARATION XIICommunity declaration on article 11a

of the Cotonou agreement

Financial and technical assistance in thearea of cooperation in the fight againstterrorism will be financed by resourcesother than those intended for thefinancing of ACP-EC developmentcooperation.

DECLARATION XIIICommunity declaration on article 11b(2)

of the Cotonou agreement

It is understood that the measures set outin Article 11b(2) of the Cotonou Agreementwill be undertaken within an adaptedtimeframe that takes into account eachcountry specific constraints.

DECLARATION XIVCommunity declaration on articles 28,

29, 30 and 58 of the Cotonou agreementand on article 6 of Annexe IV

The implementation of the provisionsregarding regional cooperation wherenon-ACP countries are involved will besubject to the implementation ofequivalent provisions in the framework ofthe Community’s financial instruments oncooperation with other countries andregions of the world. The Community willinform the ACP Group upon the entry intoforce of these equivalent provisions.

DECLARATION XVEuropean union declaration

on annexe Ia

1. The European Union undertakes topropose at the earliest opportunity, if atall possible by September 2005, anexact amount for the multiannualfinancial framework for cooperationunder the Agreement amending theCotonou Agreement and its period ofapplication.


Declarations concerning the multi-annual financial framework for

the period 2008 to 2013 agreed at the 31st session of the ACP-EC Council

of Ministers Port Moresby, Papua New Guinea, 1 and 2 June 2006

1. EPAs: EU Declaration:

The Economic Partnership Agreements,as development instruments, aim tofoster smooth and gradual integrationof the ACP States into the worldeconomy, especially by making full useof the potential of regional integrationand South-South trade.

The Commission reconfirms the impor-tance of further steps towards coherentregional integration and sectoral policyreforms, and that the gradually arisingneeds from the implementation of EPAswill be taken into account in the pro-gramming dialogue with the ACP on theend of term review of the 9th EDF and onthe resources of the 10th EDF, coveringthe time period after the entry into forceon 1 January 2008.

Moreover, the European Union recalls itscommitments to substantially increaseAid for Trade by 2010 in addition to theEDF resources.

2. Decommitted funds: Community Declaration:

Based on the performance review in2010 and a proposal by the Commission,the Council of the European Union willconsider a decision by unanimity on thetransfer of any funds decommitted fromACP projects funded out of the 9th andprevious EDFs into the reserves of the10th EDF. Given the important develop-ment objectives pursued by EPAs, theCouncil of the European Union will, in itsconsideration, also pay attention to giv-ing further support to structural adjust-ment costs and other developmentneeds in the implementation of EPAs.

3. Interest subsidies: Community Declaration:

Acknowledging the high adaptationcosts to which the sugar protocol coun-tries are confronted as a result of the ECsugar reforms, the EIB shall endeavourto direct part of the resources of theinvestment facility and of its ownresources towards investments in thesugar sector of the ACP sugar protocolcountries. An amount of up to EUR100 million shall be mobilised whereapplicable and on the basis of the eligi-bility criteria set out in Annexe II to theCotonou Agreement from the envelopefor grants for the financing of the interestrate subsidies foreseen in paragraph 2(c)of Annexe I(b) to the Cotonou Agreement.


NH

-72-05-063-EN-C

EUROPEAN COMMISSIONDirectorate-General for Developmentand Relations with African, Caribbean and Pacific States

Post AddressRue de la Loi 200B-1049 Brussels

Fax:+32 2 299 25 25

E-mail:[email protected]

Internet:http://ec.europa.eu/comm/development/

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