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Document 02000A1215(01)-20180531
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
Consolidated text: 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
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
ELI: http://data.europa.eu/eli/agree_internation/2003/159/2018-05-31
02000A1215(01) — EN — 31.05.2018 — 004.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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PARTNERSHIP AGREEMENT (OJ L 317 15.12.2000, p. 3) |
Amended by:
Corrected by:
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
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TABLE OF CONTENTS |
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PREAMBLE |
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PART 1: |
GENERAL PROVISIONS |
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Title I — |
Objectives, principles and actors |
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Chapter 1: |
Objectives and principles |
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Chapter 2: |
The actors of the partnership |
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Title II — |
The political dimension |
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PART 2: |
INSTITUTIONAL PROVISIONS |
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PART 3: |
COOPERATION STRATEGIES |
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Title I — |
Development strategies |
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Chapter 1: |
General framework |
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Chapter 2: |
Areas of support |
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Section 1: |
Economic development |
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Section 2: |
Social and human development |
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Section 3: |
Regional Cooperation and Integration |
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Section 4: |
Thematic and cross-cutting issues |
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Title II — |
Economic and trade Cooperation |
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Chapter 1: |
Objectives and principles |
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Chapter 2: |
New trading arrangements |
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Chapter 3: |
Cooperation in the international fora |
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Chapter 4: |
Trade in services |
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Chapter 5: |
Trade-related areas |
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Chapter 6: |
Cooperation in other areas |
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PART 4: |
DEVELOPMENT FINANCE COOPERATION |
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Title I — |
General provisions |
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Chapter 1: |
Objectives, principles, guidelines and eligibility |
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Chapter 2: |
Scope and nature of financing |
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Title II — |
Financial cooperation |
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Chapter 1: |
Financial resources |
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Chapter 2: |
Debt and structural adjustment support |
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Chapter 3: |
Support in case of exogenous shocks |
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Chapter 4: |
Support for sectoral policies |
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Chapter 5: |
Microprojects and decentralised cooperation |
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Chapter 6: |
Humanitarian, emergency and post-emergency assistance |
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Chapter 7: |
Investment and private sector development support |
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Title III — |
Technical cooperation |
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Title IV — |
Procedures and management systems |
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PART 5: |
GENERAL PROVISIONS FOR THE LEAST-DEVELOPED, LANDLOCKED AND ISLAND ACP STATES (LDLICS) |
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Chapter 1: |
General provisions |
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Chapter 2: |
Least-developed ACP States |
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Chapter 3: |
Landlocked ACP States |
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Chapter 4: |
Island ACP States |
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PART 6: |
FINAL PROVISIONS |
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 Pacific States (ACP), on the other;
AFFIRMING their commitment to work together towards the achievement of the objectives of poverty eradication, sustainable development and the gradual integration of the ACP countries into the world economy;
ASSERTING their resolve to make, through their cooperation, a significant contribution to the economic, social and cultural development of the ACP States and to the greater well-being of their population, helping them facing the challenges of globalisation and strengthening the ACP-EU Partnership in the effort to give the process of globalisation a stronger social dimension;
REAFFIRMING their willingness to revitalise their special relationship and to implement a comprehensive and integrated approach for a strengthened partnership based on political dialogue, development 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 governance is part and parcel of long term development; acknowledging that responsibility for establishing such an environment rests primarily with the countries concerned;
ACKNOWLEDGING that sound and sustainable economic policies are prerequisites for development;
REFERRING to the principles of the Charter of the United Nations, and recalling the Universal Declaration of Human Rights, the conclusions of the 1993 Vienna Conference on Human Rights, the Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Elimination of all forms of Discrimination against Women, the International Convention on the Elimination of all forms of Racial Discrimination, the 1949 Geneva Conventions and the other instruments of international humanitarian law, the 1954 Convention relating to the status of stateless persons, the 1951 Geneva Convention relating to the Status of Refugees and the 1967 New York Protocol relating to the Status of Refugees;
CONSIDERING the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe, the African Charter on Human and Peoples' Rights and the American Convention on Human Rights as positive regional contributions to the respect of human rights in the European Union and in the ACP States;
REAFFIRMING that the most serious crimes of concern to the international community must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing global collaboration;
CONSIDERING that the establishment and effective functioning of the International Criminal Court constitutes an important development for peace and international justice;
RECALLING the declarations of the successive Summits of the Heads of State and Government of ACP States;
CONSIDERING that the Millennium Development Goals emanating from the Millennium Declaration adopted by the United Nations General Assembly in 2000, in particular the eradication of extreme poverty and hunger, as well as the development targets and principles agreed in the United Nations Conferences, provide for a clear vision and must underpin ACP-EU cooperation within this Agreement; acknowledging that the EU and the ACP States need to make a concerted effort to accelerate progress towards attaining the Millennium Development Goals;
SUBSCRIBING to the aid effectiveness agenda started in Rome, pursued in Paris and further developed in the Accra Agenda for Action;
PAYING particular attention to the pledges made and objectives agreed at major UN and other international conferences and acknowledging the need for further action to be taken in order to achieve the goals and implement the action programmes which have been drawn up in those fora;
AWARE of the serious global environmental challenge posed by climate change, and deeply concerned that the most vulnerable populations live in developing countries, in particular in Least Developed Countries and Small Island ACP States, where climate-related phenomena such as sea level rise, coastal erosion, flooding, droughts and desertification are threatening their livelihoods and sustainable development;
ANXIOUS to respect basic labour rights, taking account of the principles laid down in the relevant conventions of the International Labour Organisation;
RECALLING the commitments within the framework of the World Trade Organisation,
HAVE DECIDED TO CONCLUDE THIS AGREEMENT:
PART 1
GENERAL PROVISIONS
TITLE I
OBJECTIVES, PRINCIPLES AND ACTORS
CHAPTER 1
Objectives and principles
Article 1
Objectives of the partnership
The Community and its Member States, of the one part, and the ACP States, of the other part, hereinafter referred to as the ‘Parties’ hereby conclude this Agreement in order to promote and expedite the economic, cultural and social development of the ACP States, with a view to contributing to peace and security and to promoting a stable and democratic political environment.
The partnership shall be centred on the objective of reducing and eventually eradicating poverty consistent with the objectives of sustainable development and the gradual integration of the ACP countries into the world economy.
These objectives and the Parties' international commitments, including the Millennium Development Goals, shall inform all development strategies and shall be tackled through an integrated approach taking account at the same time of the political, economic, social, cultural and environmental aspects of development. The partnership shall provide a coherent support framework for the development strategies adopted by each ACP State.
Sustained economic growth, developing the private sector, increasing employment and improving access to productive resources shall all be part of this framework. Support shall be given to the respect of the rights of the individual and meeting basic needs, the promotion of social development and the conditions for an equitable distribution of the fruits of growth. Regional and sub-regional integration processes which foster the integration of the ACP countries into the world economy in terms of trade and private investment shall be encouraged and supported. Building the capacity of the actors in development and improving the institutional framework necessary for social cohesion, for the functioning of a democratic society and market economy, and for the emergence of an active and organised civil society shall be integral to the approach. Systematic account shall be taken of the situation of women and gender issues in all areas - political, economic and social. The principles of sustainable management of natural resources and the environment, including climate change, shall be applied and integrated at every level of the partnership.
Article 2
Fundamental principles
ACP-EC cooperation, underpinned by a legally binding system and the existence of joint institutions, shall be guided by the internationally agreed aid effectiveness agenda regarding ownership, alignment, harmonisation, results-oriented aid management and mutual accountability, exercised on the basis of the following fundamental principles:
Article 3
Achievement of this Agreement's objectives
The Parties shall, each as far as it is concerned in the framework of this Agreement, take all appropriate measures, whether general or particular, to ensure the fulfilment of the obligations arising from this Agreement and to facilitate the attainment of the objectives thereof. They shall refrain from any measures liable to jeopardise these objectives.
CHAPTER 2
The actors of the partnership
Article 4
General approach
The ACP States shall determine the development principles, strategies and models of their economies and societies in all sovereignty. They shall establish, with the Community, the cooperation programmes provided for under this Agreement. However, the parties recognise the complementary role of and potential for contributions by non-State actors, ACP national parliaments and local decentralised authorities to the development process, particularly at the national and regional levels. To this end, under the conditions laid down in this Agreement, non-State actors, ACP national parliaments and local decentralised authorities, shall, where appropriate:
Non-State actors and local decentralised authorities shall, where appropriate:
Article 5
Information
Cooperation will support operation to provide more information and create greater awareness of the basic features of ACP-EU Partnership. Cooperation will also:
Article 6
Definitions
The actors of cooperation will include:
State (local, regional and national), including ACP national parliaments;
ACP regional organisations and the African Union. For the purpose of this Agreement the notion of regional organisations or levels shall also include sub-regional organisations or levels;
non-State:
Article 7
Capacity building
The contribution of civil society to development can be enhanced by strengthening community organisations and non-profit non-governmental organisations in all spheres of cooperation. This will require:
TITLE II
THE POLITICAL DIMENSION
Article 8
Political dialogue
Article 9
Respect for all human rights and fundamental freedoms, including respect for fundamental social rights, democracy based on the rule of law and transparent and accountable governance are an integral part of sustainable development.
The Parties reaffirm that democratisation, development and the protection of fundamental freedoms and human rights are interrelated and mutually reinforcing. Democratic principles are universally recognised principles underpinning the organisation of the State to ensure the legitimacy of its authority, the legality of its actions reflected in its constitutional, legislative and regulatory system, and the existence of participatory mechanisms. On the basis of universally recognised principles, each country develops its democratic culture.
The structure of government and the prerogatives of the different powers shall be founded on rule of law, which shall entail in particular effective and accessible means of legal redress, an independent legal system guaranteeing equality before the law and an executive that is fully subject to the law.
Respect for human rights, democratic principles and the rule of law, which underpin the ACP-EU Partnership, shall underpin the domestic and international policies of the Parties and constitute the essential elements of this Agreement.
Good governance, which underpins the ACP-EU Partnership, shall underpin the domestic and international policies of the Parties, and constitute a fundamental element of this Agreement. The parties agree that serious cases of corruption, including acts of bribery leading to such corruption, as referred to in Article 97 constitute a violation of that element.
These areas will be an important subject for the political dialogue. In the context of this dialogue, the Parties shall attach particular importance to the changes underway and to the continuity of the progress achieved. This regular assessment shall take into account each country's economic, social, cultural and historical context.
These areas will also be a focus of support for development strategies. The Community shall provide support for political, institutional and legal reforms and for building the capacity of public and private actors and civil society in the framework of strategies agreed jointly between the State concerned and the Community.
The principles underlying the essential and fundamental elements as defined in this Article shall apply equally to the ACP States on the one hand, and to the European Union and its Member States, on the other hand.
Article 10
Other elements of the political environment
The Parties consider the following elements as contributing to the maintenance and consolidation of a stable and democratic political environment:
Article 11
Peace-building policies, conflict prevention and resolution, response to situations of fragility
The Parties acknowledge that without development and poverty reduction there will be no sustainable peace and security, and that without peace and security there can be no sustainable development. The Parties shall pursue an active, comprehensive and integrated policy of peace building and conflict prevention and resolution, and human security, and shall address situations of fragility within the framework of the Partnership. This policy shall be based on the principle of ownership and shall in particular focus on building national, regional and continental capacities, and on preventing violent conflicts at an early stage by addressing their root-causes, including poverty, in a targeted manner, and with an adequate combination of all available instruments.
The Parties acknowledge that new or expanding security threats need to be addressed, such as organised crime, piracy and trafficking of, notably, people, drugs and weapons. The impacts of global challenges like international financial market shocks, climate change and pandemics also need to be taken into account.
The Parties emphasize the important role of regional organisations in peace building and conflict prevention and resolution and in tackling new or expanding security threats with, in Africa, a key responsibility for the African Union.
The interdependence between security and development shall inform the activities in the field of peace building, conflict prevention and resolution which shall combine short and long-term approaches, which encompass and go beyond crisis management. Activities to tackle new or expanding security threats shall, inter alia, support law enforcement, including cooperating on border controls, enhancing the security of the international supply chain, and improving air, maritime and road transport safeguards.
Activities in the field of peace building, conflict prevention and resolution shall in particular include support for balancing political, economic, social and cultural opportunities among all segments of society, for strengthening the democratic legitimacy and effectiveness of governance, for establishing effective mechanisms for the peaceful conciliation of group interests, for active involvement of women, for bridging dividing lines among different segments of society as well as support for an active and organised civil society. In this respect, particular attention shall be paid to developing early warning systems and peace-building mechanisms that would contribute to the prevention of conflicts.
Particular emphasis shall be given to the fight against anti-personnel landmines and explosive remnants of war as well as to addressing the illicit manufacture, transfer, circulation and accumulation of small arms and light weapons and their ammunition, including inadequately secured and poorly managed stocks and stockpiles and their uncontrolled spread.
The Parties agree to coordinate, observe and fully implement their respective obligations under all relevant international conventions and instruments, and, to this end, they undertake to cooperate at the national, regional and continental levels.
In promoting the strengthening of peace and international justice, the Parties reaffirm their determination to:
The Parties shall seek to take steps towards ratifying and implementing the Rome Statute and related instruments.
Article 11a
Fight against terrorism
The Parties reiterate their firm condemnation of all acts of terrorism and undertake to combat terrorism through international cooperation, in accordance with the Charter of the United Nations and international law, relevant conventions and instruments and in particular full implementation of UN Security Council Resolutions 1373 (2001) and 1456 (2003) and other relevant UN resolutions. To this end, the Parties agree to exchange:
Article 11b
Cooperation in countering the proliferation of weapons of mass destruction
The Parties consider that the proliferation of weapons of mass destruction and their means of delivery, both to State and non-State actors, represents one of the most serious threats to international stability and security.
The Parties therefore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations.
The Parties agree that this provision constitutes an essential element of this Agreement.
The Parties furthermore agree to cooperate and to contribute to the objective of non-proliferation by:
Financial and technical assistance in the area of cooperation to counter the proliferation of weapons of mass destruction will be financed by specific instruments other than those intended for the financing of ACP-EC cooperation.
The consultations shall be conducted at the level and in the form considered most appropriate for finding a solution.
The consultations shall begin no later than 30 days after the invitation and shall continue for a period established by mutual agreement, depending on the nature and gravity of the violation. In no case shall the dialogue under the consultation procedure last longer than 120 days.
Article 12
Coherence of Community policies and their impact on the implementation of this Agreement
The Parties are committed to addressing policy coherence for development in a targeted, strategic and partnership-oriented way, including strengthening dialogue on issues of policy coherence for development. The Union acknowledges that Union policies, other than development policy, can support the development priorities of ACP States in line with the objectives of this Agreement. On this basis the Union will enhance the coherence of those policies with a view to attaining the objectives of this Agreement.
Without prejudice to Article 96, where the Community intends, in the exercise of its powers, to take a measure which might affect the interests of the ACP States, as far as this Agreement's objectives are concerned, it shall inform in good time the ACP Group of its intentions. To this end, the Commission shall regularly inform the Secretariat of the ACP Group of planned proposals and communicate simultaneously its proposal for such measures. Where necessary, a request for information may also take place on the initiative of the ACP States.
At their request, consultations shall be held promptly so that account may be taken of their concerns as to the impact of those measures before any final decision is made.
After such consultations have taken place, the ACP States and the ACP Group may, in addition, transmit their concerns in writing to the Community as soon as possible and submit suggestions for amendments indicating the way their concerns should be met.
If the Community does not accede to the ACP States’ submissions, it shall advise them as soon as possible giving its reasons.
The ACP Group shall also be provided with adequate information on the entry into force of such decisions, in advance whenever possible.
Article 13
Migration
The Parties reaffirm their existing obligations and commitments in international law to ensure respect for human rights and to eliminate all forms of discrimination based particularly on origin, sex, race, language and religion.
The Parties will take account, in the framework of development strategies and national and regional programming, of structural constraints associated with migratory flows with the purpose of supporting the economic and social development of the regions from which migrants originate and of reducing poverty.
The Community shall support, through national and regional Cooperation programmes, the training of ACP nationals in their country of origin, in another ACP country or in a Member State of the European Union. As regards training in a Member State, the Parties shall ensure that such action is geared towards the vocational integration of ACP nationals in their countries of origin.
The Parties shall develop cooperation programmes to facilitate the access of students from ACP States to education, in particular through the use of new communication technologies.
In the framework of the political dialogue the Council of Ministers shall examine issues arising from illegal immigration with a view to establishing, where appropriate, the means for a prevention policy.
In this context the Parties agree in particular to ensure that the rights and dignity of individuals are respected in any procedure initiated to return illegal immigrants to their countries of origin. In this connection the authorities concerned shall extend to them the administrative facilities necessary for their return.
The Parties further agree that:
The Member States and the ACP States will provide their nationals with appropriate identity documents for such purposes.
In respect of the Member States of the European Union, the obligations in this paragraph apply only in respect of those persons who are to be considered their nationals for the Community purposes in accordance with Declaration No 2 to the Treaty establishing the European Community. In respect of ACP States, the obligations in this paragraph apply only in respect of those persons who are considered as their nationals in accordance with their respective legal system.
at the request of a Party, negotiations shall be initiated with ACP States aiming at concluding in good faith and with due regard for the relevant rules of international law, bilateral agreements governing specific obligations for the readmission and return of their nationals. These agreements shall also cover, if deemed necessary by any of the Parties, arrangements for the readmission of third country nationals and stateless persons. Such agreements will lay down the details about the categories of persons covered by these arrangements as well as the modalities of their readmission and return.
Adequate assistance to implement these agreements will be provided to the ACP States.
for the purposes of this point (c), the term ‘Parties’ shall refer to the Community, any of its Member States and any ACP State.
PART 2
INSTITUTIONAL PROVISIONS
Article 14
The joint institutions
Article 14a
Meetings of Heads of State or Government
The Parties shall meet at the level of Heads of State or Government, upon joint agreement, in an appropriate format.
Article 15
The Council of Ministers
The office of the President of the Council of Ministers shall be held alternately by a member of the Council of the European Union and a member of the government of an ACP State.
The Council of Ministers shall meet as a rule once a year on the initiative of the President and whenever it seems necessary, in a form and a geographical composition appropriate to the issues to be addressed. Such meetings will provide for high-level consultations on matters which are of specific concern to the Parties, complementing the work that is being done in the Joint Ministerial Trade Committee, as set out in Article 38, and in the ACP-EC Development Finance Cooperation Committee, as set out in Article 83, which feed into the annual regular Council of Ministers meetings.
The functions of the Council of Ministers shall be to:
conduct the political dialogue;
adopt the policy guidelines and take the decisions necessary for the implementation of the provisions of this Agreement, in particular as regards development strategies in the specific areas provided for by this Agreement or any other area that should prove relevant, and as regards procedures;
examine and resolve any issue liable to impede the effective and efficient implementation of this Agreement or present an obstacle to achieving its objectives;
ensure the smooth functioning of the consultation mechanisms.
It may take decisions that are binding on the Parties and frame resolutions, recommendations and opinions, during the annual regular meeting, or by written procedure. It shall report annually to the Joint Parliamentary Assembly on the implementation of this Agreement. It shall examine and take into consideration resolutions and recommendations adopted by the Joint Parliamentary Assembly.
The Council of Ministers shall conduct an ongoing dialogue with the representatives of the social and economic partners and other actors of civil society in the ACP and the EU. To that end, consultations may be held alongside its meetings.
Article 16
The Committee of Ambassadors
The office of Chairman of the Committee of Ambassadors shall be held alternately by a Permanent Representative of a Member State designated by the Community, and a head of mission representing an ACP State, designated by the ACP States.
The Committee of Ambassadors shall meet regularly, in particular to prepare the Council sessions and whenever it proves necessary.
Article 17
The Joint Parliamentary Assembly
The role of the Joint Parliamentary Assembly, as a consultative body, shall be to:
The Joint Parliamentary Assembly shall meet twice a year in plenary session, alternately in the European Union and in an ACP State. With a view to strengthening regional integration and fostering cooperation between national parliaments meetings between EU and ACP members of parliament shall be arranged at regional level.
Such meetings at regional level will be organised in pursuance of the objectives laid down in Article 14(2) of this Agreement.
PART 3
COOPERATION STRATEGIES
Article 18
The cooperation strategies shall be based on development strategies and economic and trade cooperation which are interlinked and complementary. The Parties shall ensure that the efforts undertaken in both aforementioned areas are mutually reinforcing.
TITLE I
DEVELOPMENT STRATEGIES
CHAPTER 1
General framework
Article 19
Principles and objectives
Article 20
The Approach
The objectives of ACP-EC development cooperation shall be pursued through integrated strategies that incorporate economic, social, cultural, environmental and institutional elements that must be locally owned. Cooperation shall thus provide a coherent enabling framework of support to the ACP's own development strategies, ensuring complementarity and interaction between the various elements, in particular at, and between, the national and regional levels. In this context and within the framework of development policies and reforms pursued by the ACP States, ACP-EC cooperation strategies at national and, where appropriate, at regional levels shall aim at:
achieving rapid and sustained job-creating economic growth, developing the private sector, increasing employment, and improving access to productive economic activities and resources;
fostering regional cooperation and integration;
promoting human and social development helping to ensure that the fruits of growth are widely and equitably shared and promoting gender equality;
promoting cultural values of communities and specific interactions with economic, political and social elements;
promoting institutional reforms and development, strengthening the institutions necessary for the consolidation of democracy, good governance and for efficient and competitive market economies; and building capacity for development and partnership; and
promoting environmental sustainability, regeneration and best practices, and the preservation of natural resource base.
CHAPTER 2
Areas of support
SECTION 1
Economic development
Article 21
Investment and private sector development
Cooperation shall support the necessary economic and institutional reforms and policies at national and/or regional level, aiming at creating a favourable environment for ►M10 investment ◄ , and the development of a dynamic, viable and competitive private sector. Cooperation shall further support:
the promotion of public-private sector dialogue and cooperation;
the development of entrepreneurial skills and business culture;
privatisation and enterprise reform; and
development and modernisation of mediation and arbitration systems.
Cooperation shall also support improving the quality, availability and accessibility of financial and non-financial services to private enterprises, both formal and informal; by:
catalysing and leveraging flows of private savings, both domestic and foreign, into the financing of private enterprises by supporting policies for developing a modern financial sector including a capital market, financial institutions and sustainable microfinance operations;
the development and strengthening of business institutions and intermediary organisations, associations, chambers of commerce and local providers from the private sector supporting and providing non-financial services to enterprises such as professional, technical, management, training and commercial support services; and
supporting institutions, programmes, activities and initiatives that contribute to the development and transfer of technologies and know-how and best practices on all aspects of business management.
Cooperation shall promote business development through the provision of finance, guarantee facilities and technical support aimed at encouraging and supporting the creation, establishment, expansion, diversification, rehabilitation, restructuring, modernisation or privatisation of dynamic, viable and competitive enterprises in all economic sectors as well as financial intermediaries such as development finance and venture capital institutions, and leasing companies by:
creating and/or strengthening financial instruments in the form of investment capital;
improving access to essential inputs such as business information and advisory, consultancy or technical assistance services;
►M10 enhancing ◄ export activities, in particular through capacity building in all trade-related areas; and
encouraging inter-firm linkages, networks and cooperation including those involving the transfer of technology and know-how at national, regional and ACP-EU levels, and partnerships with private foreign investors which are consistent with the objectives and guidelines of ACP-EC Development cooperation.
Article 22
Macroeconomic and structural reforms and policies
Cooperation shall support ACP efforts to implement:
macroeconomic growth and stabilisation through disciplined fiscal and monetary policies that result in the reduction of inflation, and improve external and fiscal balances, by strengthening fiscal discipline, enhancing budgetary transparency and efficiency, improving the quality, the equity and composition of fiscal policy; and
structural policies designed to reinforce the role of the different actors, especially the private sector, and improve the environment for enhanced domestic resource mobilisation and increases in business, investment and employment, as well as:
liberalise trade and foreign exchange regimes and current account convertibility, having regard to the particular circumstances of each country;
strengthen labour and product-market reforms;
encourage financial systems reforms which help to develop viable banking and non-banking systems, capital markets and financial services, including micro-finance;
improve the quality of private and public services; and
encourage regional cooperation and progressive integration of macroeconomic and monetary policies.
The design of macroeconomic policies and structural adjustment programmes shall reflect the socio-political background and institutional capacity of the countries concerned, ensure a positive impact on poverty reduction and social services access and shall be based on the following principles:
the ACP States shall bear primary responsibility for the analysis of the problems to be solved, the design and the implementation of the reforms;
support programmes shall be adapted to the different situation in each ACP State and be sensitive to the social conditions, culture and environment of these States;
the right of the ACP States to determine the direction and the sequencing of their development strategies and priorities shall be recognised and respected;
the pace of reforms shall be realistic and compatible with each ACP State's capacities and resources; and
strengthening the communication and the information of populations on economic and social reforms and policies.
Article 23
Economic sector development
Cooperation shall support sustainable policy and institutional reforms and the investments necessary for equitable access to economic activities and productive resources, particularly:
the development of training systems that help increase productivity in both the formal and the informal sectors;
capital, credit, land, especially as regards property rights and use;
development of rural strategies aimed at establishing a framework for participatory decentralised planning, resource allocation and management;
the development of strategies with a view to enhancing agricultural production and productivity in ACP States by providing, in particular, the necessary financing for agricultural research, agricultural inputs and services, supportive rural infrastructure, and risk reduction and management. Support shall include public and private investments in agriculture, encouragement to develop agricultural policies and strategies, strengthening of farmer and private sector organisations, management of natural resources, and development and functioning of agricultural markets. The agricultural production strategies shall reinforce national and regional food-security policies and regional integration. In this context, cooperation shall support ACP efforts to enhance the competitiveness of their commodity exports and to adapt their commodity export strategies in the light of evolving trade conditions;
sustainable development of water resources, based on integrated water resources management principles, ensuring equitable and sustainable distribution of shared water resources between their different uses;
sustainable development of aquaculture and fisheries which include both inland fisheries and marine resources within the economic exclusive zones of the ACP States;
economic and technological infrastructure and services, including transport, telecommunication systems, communication services and the development of information society;
development of competitive industrial, mining and energy sectors, while encouraging private sector involvement and development;
trade development, including the promotion of fair trade;
development of business, finance and banking; and other service sectors;
tourism development;
development of scientific, technological and research infrastructure and services; including the enhancement, transfer and absorption of new technologies;
the strengthening of capacities in productive areas, especially in public and private sectors;
the promotion of traditional knowledge; and
development and implementation of specific adaptation strategies addressing the impact of preference erosion, possibly including activities mentioned in points (a) to (n) above.
Article 23a
Fisheries
Recognising the key role that fisheries and aquaculture play in ACP countries through their positive contribution to employment creation, revenue generation, food security, and livelihoods of rural and coastal communities, and hence to poverty reduction, cooperation shall aim at further developing the aquaculture and fisheries sectors of ACP countries in order to increase the associated social and economic benefits in a sustainable manner.
Cooperation programmes and activities shall support, inter alia, the development and implementation of sustainable aquaculture and fisheries development strategies and management plans in ACP countries and regions; the mainstreaming of aquaculture and fisheries into national and regional development strategies; the development of the infrastructure and technical know-how necessary to enable ACP countries to yield maximum sustainable value from their fisheries and aquaculture; capacity building of ACP countries to overcome external challenges that hinder them from taking full advantage of their fisheries resources; and the promotion and development of joint ventures for investment in the fisheries and aquaculture sectors of ACP countries. Any fishery agreement that may be negotiated between the Community and the ACP States shall give due consideration to consistency with the development strategies in this area.
High-level consultations, including at ministerial level, may be held upon joint agreement with a view to developing, improving and/or strengthening ACP-EU development cooperation in sustainable aquaculture and fisheries.
Article 24
Tourism
Cooperation will aim at the sustainable development of the tourism industry in ACP countries and sub-regions, recognising its increasing importance to the growth of the services sector in ACP countries and to the expansion of their global trade, its ability to stimulate other sectors of economic activity, and the role it can play in poverty eradication.
Cooperation programmes and projects will support the efforts of ACP countries to establish and improve the countries legal and institutional framework and resources for the development and implementation of sustainable tourism policies and programmes, as well as inter alia, improving the competitive position of the sector, especially small and medium-sized enterprises (SMEs), investment support and promotion, product development including the development of indigenous cultures in ACP countries, and strengthening linkages between tourism and other sectors of economic activity.
SECTION 2
Social and human development
Article 25
Social sector development
Cooperation shall support ACP States' efforts at developing general and sectoral policies and reforms which improve the coverage, quality of and access to basic social infrastructure and services and take account of local needs and specific demands of the most vulnerable and disadvantaged, thus reducing the inequalities of access to these services. Special attention shall be paid to ensuring adequate levels of public spending in the social sectors. In this context, cooperation shall aim at:
improving education and training at all levels, working towards recognition of tertiary education qualifications, establishment of quality assurance systems for education, including education and training delivered on-line or through other non-conventional means, and building technical capacity and skills;
improving health systems, in particular equitable access to comprehensive and quality health care services, and nutrition, eliminating hunger and malnutrition and ensuring adequate food supply and security, including through supporting safety nets;
integrating population issues into development strategies in order to improve reproductive health, primary health care, family planning; and prevention of female genital mutilation;
promoting the fight against:
increasing the security of household water and improving access to safe water and adequate sanitation;
improving the availability of affordable and adequate shelter for all through supporting low-cost and low-income housing programs and improving urban development; and
encouraging the promotion of participatory methods of social dialogue as well as respect for basic social rights.
Article 26
Youth issues
Cooperation shall also support the establishment of a coherent and comprehensive policy for realising the potential of youth so that they are better integrated into society to achieve their full potential. In this context, cooperation shall support policies, measures and operations aimed at:
protecting the rights of children and youth, especially those of girl children;
promoting the skills, energy, innovation and potential of youth in order to enhance their economic, social and cultural opportunities and enlarge their employment opportunities in the productive sector;
helping community-based institutions to give children the opportunity to develop their physical, psychological, social and economic potential;
reintegrating into society children in post-conflict situations through rehabilitation programmes; and
promoting the active participation of young citizens in public life and fostering student exchanges and interaction of ACP and EU youth organisations.
Article 27
Culture and development
Cooperation in the area of culture shall aim at:
integrating the cultural dimension at all levels of development cooperation;
recognising, preserving and promoting cultural values and identities to enable inter-cultural dialogue;
recognising, preserving and promoting the value of cultural heritage; supporting the development of capacity in this sector;
developing cultural industries and enhancing market access opportunities for cultural goods and services;
recognising and supporting the role of cultural actors and cultural networks, and their contribution to sustainable development; and
promoting the cultural dimension in education and the participation of youth in cultural activities.
SECTION 3
Regional cooperation and integration
Article 28
General approach
In conformity with the general objectives set out in Articles 1 and 20, ACP-EU cooperation shall aim to:
promote peace and stability, as well as conflict prevention and resolution;
enhance economic development and economic cooperation through the build-up of larger markets, the free movement of persons, goods, services, capital, labour and technology among ACP countries, the accelerated diversification of the economies of the ACP States, the promotion and expansion of trade among ACP countries and with third countries and the gradual integration of the ACP States into the world economy;
promote the management of sustainable development challenges with a transnational dimension through, inter alia, coordination and harmonisation of regional cooperation policies.
Under the conditions set out in Article 58, cooperation shall also support inter-regional and intra-ACP cooperation such as that involving:
one or several ACP regional organisations, including at continental level;
European Overseas Countries and Territories (OCTs) and outermost regions;
non-ACP developing countries.
Article 29
ACP-EU cooperation in support of regional cooperation and integration
In the area of stability, peace and conflict prevention, cooperation shall support:
the promotion and development of a regional political dialogue in areas of conflict prevention and resolution; human rights and democratisation; exchange, networking, and promotion of mobility between the different actors of development, in particular in civil society;
the promotion of regional initiatives and policies on security-related issues, including arms control, action against drugs, organised crimes, money laundering, bribery and corruption.
In the area of regional economic integration, cooperation shall support:
the participation of Least Developed Countries (LDC) ACP States in the establishment of regional markets and sharing the benefits therefrom;
the implementation of sectoral economic reform policies at regional level;
the liberalisation of trade and payments;
the promotion of cross-border investments both foreign and domestic, and other regional economic integration initiatives;
the mitigation of the effects of net transitional costs of regional integration on budget revenue and balance of payments; and
infrastructure, particularly transport and communications and safety thereof, and services, including the development of regional opportunities in the area of Information and Communication Technologies (ICT).
In the area of regional policies for sustainable development, cooperation shall support the priorities of ACP regions and, in particular:
the environment and the sustainable management of natural resources, including water and energy, and addressing climate change;
food security and agriculture;
health, education and training;
research and technological development; and
regional initiatives for disaster preparedness and mitigation as well as post-disaster reconstruction.
Article 30
Capacity building in support of ACP regional cooperation and integration
With a view to realising the effectiveness and efficiency of regional policies, cooperation shall develop and strengthen the capacities of:
regional integration institutions and organisations set up by the ACP States and those with ACP State participation that promote regional cooperation and integration;
national governments and parliaments in matters of regional integration; and
non-State actors, including the private sector.
SECTION 4
Thematic and cross-cutting issues
Article 31
Gender issues
Cooperation shall help strengthen policies and programmes that improve, ensure and broaden the equal participation of men and women in all spheres of political, economic, social and cultural life. Cooperation shall help improve the access of women to all resources required for the full exercise of their fundamental rights. More specifically, cooperation shall create the appropriate framework to:
integrate a gender-sensitive approach and concerns at every level of development cooperation including macroeconomic policies, strategies and operations; and
encourage the adoption of specific positive measures in favour of women such as:
participation in national and local politics;
support for women's organisations;
access to basic social services, especially to education and training, health care and family planning;
access to productive resources, especially to land and credit and to labour market; and
taking specific account of women in emergency aid and rehabilitation operations.
Article 31a
HIV/AIDS
Cooperation shall support the efforts of ACP States to develop and strengthen across all sectors policies and programmes aimed at addressing the HIV/AIDS pandemic and preventing it from hampering development. It shall support ACP States in scaling up towards and sustaining universal access to HIV/AIDS prevention, treatment, care and support and shall in particular aim at:
supporting the development and implementation of comprehensive multi-sectoral strategies and plans for HIV/AIDS as a priority in national and regional development plans;
involving, in national responses to HIV/AIDS, all appropriate development sectors and ensuring a broad mobilisation of stakeholders at all levels;
strengthening national health systems and addressing shortages in human resources for health as the basis for ensuring universal access to, and the effective integration of, HIV/AIDS prevention, treatment and care and other health services;
addressing gender inequality, gender-based violence and abuse, as drivers of the HIV/AIDS pandemic and intensifying efforts to safeguard women's and girls’ rights, develop effective gender sensitive HIV/AIDS programmes and services for women and girls, including those related to sexual and reproductive health and rights, and to support the full involvement of women in planning and decision making related to HIV/AIDS strategies and programmes;
developing supportive legal and policy frameworks and removing punitive laws, policies, practices, stigma and discrimination that undermine human rights, increase vulnerability to HIV/AIDS and inhibit access to effective HIV/AIDS prevention, treatment, care and support, including medicines, commodities and services for people living with HIV/AIDS and for the populations most at risk;
scaling up access to evidence-based, comprehensive HIV/AIDS prevention, which address the local drivers of the epidemic and the specific needs of women, young people and the populations most at risk; and
ensuring universal and reliable access to safe, high-quality and affordable medicines, and to health commodities, including sexual and reproductive health commodities.
Article 32
Environment and natural resources
Cooperation on environmental protection and sustainable utilisation and management of natural resources shall aim at:
mainstreaming environmental sustainability into all aspects of development cooperation and support programmes and projects implemented by the various actors;
building and/or strengthening the scientific and technical human and institutional capacity for environmental management for all environmental stakeholders;
supporting specific measures and schemes aimed at addressing critical sustainable management issues and also relating to current and future regional and international commitments concerning mineral and natural resources such as:
tropical forests, water resources, coastal, marine and fisheries resources, wildlife, soils, biodiversity;
protection of fragile ecosystems (e.g. coral reef);
renewable energy sources notably solar energy and energy efficiency;
sustainable rural and urban development;
desertification, drought and deforestation;
developing innovative solutions to urban environmental problems; and
promotion of sustainable tourism.
Taking into account issues relating to the transport and disposal of hazardous waste.
Cooperation shall also take account of:
the vulnerability of small island ACP countries, especially to the threat posed by climate change;
the worsening drought and desertification problems especially of least developed and land-locked countries; and
institutional development and capacity building.
Article 32a
Climate change
The Parties acknowledge that climate change is a serious global environmental challenge and a threat to the achievement of the Millennium Development Goals requiring adequate, predictable and timely financial support. For these reasons, and in accordance with the provisions of Article 32, and particularly of point (a) of paragraph 2 thereof, cooperation shall:
recognise the vulnerability of ACP States and in particular of small islands and low-lying ACP States to climate-related phenomena such as coastal erosion, cyclones, flooding and environmentally induced displacements, and in particular of least developed and landlocked ACP States to increasing floods, drought, deforestation and desertification;
strengthen and support policies and programmes to mitigate and adapt to the consequences of, and threat posed by, climate change including through institutional development and capacity building;
enhance the capacity of ACP States in the development of, and the participation in, the global carbon market; and
focus on the following activities:
integrating climate change into development strategies and poverty reduction efforts;
raising the political profile of climate change in development cooperation, including through appropriate policy dialogue;
assisting ACP states to adapt to climate change in relevant sectors such as agriculture, water management and infrastructure, including through transfer and adoption of relevant and environmentally sound technologies;
promoting disaster risk reduction, reflecting that an increasing proportion of disasters are related to climate change;
providing financial and technical support for mitigation action of ACP states in line with their poverty reduction and sustainable development objectives, including reducing emissions from deforestation and forest degradation and reducing emissions in the agricultural sector;
improving weather and climate information and forecasting and early warning systems; and
promoting renewable energy sources, and low-carbon technologies that enhance sustainable development.
Article 33
Institutional development and capacity building
Cooperation shall pay systematic attention to institutional aspects and in this context, shall support the efforts of the ACP States to develop and strengthen structures, institutions and procedures that help to:
promote and sustain democracy, human dignity, social justice and pluralism, with full respect for diversity within and among societies;
promote and sustain universal and full respect for and observance and protection of all human rights and fundamental freedoms;
develop and strengthen the rule of law; and improve access to justice, while guaranteeing the professionalism and independence of the judicial systems; and
ensure transparent and accountable governance and administration in all public institutions.
Cooperation shall support ACP States' efforts to develop their public institutions into a positive force for growth and development and to achieve major improvements in the efficiency of government services as they affect the lives of ordinary people. In this context, cooperation shall assist the reform, rationalisation and the modernisation of the public sector. Specifically, cooperation support shall focus on:
the reform and modernisation of the civil service;
legal and judicial reforms and modernisation of justice systems;
improvement and strengthening of public finance and fiscal management with a view to developing economic activities in ACP countries and increasing their tax revenues, whilst fully respecting the sovereignty of the ACP States in this area.
Measures may include:
enhancing capacities for domestic revenue management, including the building of effective, efficient and sustainable tax systems;
promoting the participation in international tax cooperation structures and processes with a view to facilitating the further development of and effective compliance with international standards;
supporting implementation of international best practices in tax matters, including the principle of transparency and exchange of information, in those ACP countries that have committed to them;
accelerating reforms of the banking and financial sector;
improvement of the management of public assets and reform of public procurement procedures; and
political, administrative, economic and financial decentralisation.
Cooperation shall also assist to restore and/or enhance critical public sector capacity and to support institutions needed to underpin a market economy, especially support for:
developing legal and regulatory capabilities needed to cope with the operation of a market economy, including competition policy and consumer policy;
improving capacity to analyse, plan, formulate and implement policies, in particular in the economic, social, environmental, research, science and technology and innovation fields;
modernising, strengthening and reforming financial and monetary institutions and improving procedures;
building the capacity at the local and municipal levels which is required to implement decentralisation policy and to increase the participation of the population in the development process; and
developing capacity in other critical areas such as:
international negotiations; and
management and coordination of external aid.
TITLE II
ECONOMIC AND TRADE COOPERATION
CHAPTER 1
Objectives and principles
Article 34
Objectives
Article 35
Principles
CHAPTER 2
New trading arrangements
Article 36
Modalities
Article 37
Procedures
Article 37a
Other trading arrangements
Article 38
Joint Ministerial Trade Committee
Article 38a
Consultations
CHAPTER 3
Cooperation in the international fora
Article 39
General Provisions
Article 40
Commodities
To this end, exchange of views shall take place at the request of either Party:
The aim of such exchanges of views shall be to take account of the respective interest of each party. They may take place, where necessary, in the framework of the Ministerial Trade Committee.
CHAPTER 4
Trade in services
Article 41
General Provisions
Article 42
Maritime Transport
Article 43
Information and Communication Technologies, and Information Society
The Parties will therefore take measures that will enable inhabitants of ACP countries easy access to information and communication technologies, through, amongst other, the following measures:
CHAPTER 5
Trade-related areas
Article 44
General Provisions
Article 45
Competition Policy
Article 46
Protection of Intellectual Property Rights
Article 47
Standardisation and Certification
In this context, they reaffirm their commitment under the Agreement on Technical Barriers to trade, annexed to the WTO Agreement (TBT Agreement).
Cooperation in standardisation and certification, through national and regional development strategies as defined in Title I and in conformity with Article 35, shall aim at promoting compatible systems between the Parties and in particular include:
Article 48
Sanitary and Phytosanitary Measures
Article 49
Trade and Environment
Article 50
Trade and Labour Standards
They agree to enhance cooperation in this area, in particular in the following fields:
Article 51
Consumer Policy and Protection of Consumer Health
Article 52
Tax Carve-out Clause
CHAPTER 6
Cooperation in other areas
Article 53
Fishery Agreements
Article 54
Food security
PART 4
DEVELOPMENT FINANCE COOPERATION
TITLE I
GENERAL PROVISIONS
CHAPTER 1
Objectives, principles, guidelines and eligibility
Article 55
Objectives
The objectives of development finance cooperation shall be, through the provision of adequate financial resources and appropriate technical assistance, to support and promote the efforts of ACP States to achieve the objectives set out in this Agreement on the basis of mutual interest and in a spirit of interdependence.
Article 56
Principles
Development finance cooperation shall be implemented on the basis of and be consistent with the development objectives, strategies and priorities established by the ACP States, at national, regional and intra-ACP levels. Their respective geographical, social and cultural characteristics, as well as their specific potential, shall be taken into account. Guided by the internationally agreed aid effectiveness agenda, cooperation shall be based on ownership, alignment, donor coordination and harmonisation, managing for development results and mutual accountability. In particular, cooperation shall:
promote local ownership at all levels of the development process;
reflect a partnership based on mutual rights and obligations;
emphasise the importance of predictability and security in resource flows, granted on highly concessional terms and on a continuous basis;
be flexible and appropriate to the situation in each ACP State as well as adapted to the specific nature of the project or programme concerned; and
ensure efficiency, coordination and consistency.
Article 57
Guidelines
The ACP States shall be responsible for:
defining the objectives and priorities on which the indicative programmes are based;
choosing projects and programmes;
preparing and presenting the dossiers of projects and programmes;
preparing, negotiating and concluding contracts;
implementing and managing projects and programmes; and
maintaining projects and programmes.
The ACP States and the Community shall be jointly responsible for:
establishing, within the joint institutions, the guidelines for development finance cooperation;
adopting the indicative programmes;
appraising projects and programmes;
ensuring equality of conditions for participation in invitations to tender and contracts;
monitoring and evaluating the effects and results of projects and programmes; and
ensuring the proper, prompt and efficient execution of projects and programmes.
Article 58
Eligibility for financing
The following entities or bodies shall be eligible for financial support provided under this Agreement:
ACP States;
regional or inter-State bodies to which one or more ACP States belong, including the African Union or other bodies with non-ACP State members, which are authorised by those ACP States; and
joint bodies set up by the ACP States and the Community to pursue certain specific objectives.
Subject to the agreement of the ACP State or States concerned, the following shall also be eligible for financial support:
national and/or regional public or semi-public agencies and departments of ACP States, including Parliaments, and, in particular, their financial institutions and development banks;
companies, firms and other private organisations and private operators of ACP States;
enterprises of a Community Member State to enable them, in addition to their own contribution, to undertake productive projects in the territory of an ACP State;
ACP or Community financial intermediaries providing, promoting and financing private or public investments in ACP States;
local decentralised authorities from ACP States and the Community; and
developing countries that are not part of the ACP Group where they participate in a joint initiative or regional organisation with ACP States in conformity with Article 6 of Annex IV to this Agreement.
CHAPTER 2
Scope and nature of financing
Article 59
Within the framework of the priorities established by the ACP State or States concerned at both national and regional levels, support may be given to projects, programmes and other forms of operations contributing to the objectives set out in this Agreement.
Article 60
Scope of financing
The scope of financing may include, inter alia, depending on the needs and the types of operation considered most appropriate, support to:
measures which contribute to attenuate the debt burden and balance of payments problems of the ACP countries;
macroeconomic and structural reforms and policies;
mitigation of adverse short-term effects of exogenous shocks, including instability in export earnings on socio-economic reforms and policies;
sectoral policies and reforms;
institutional development and capacity building;
technical cooperation programmes; and
humanitarian and emergency assistance including assistance to refugees and displaced persons, interventions linking short-term relief and rehabilitation with long-term development in crisis or post-crisis situations, and disaster preparedness.
Article 61
Nature of financing
The nature of financing shall, inter alia, include:
projects and programmes;
credit lines, guarantee schemes and equity participation;
budgetary support, either directly, for the ACP States whose currencies are convertible and freely transferable, or indirectly, from counterparts funds generated by the various Community instruments;
the human and material resources necessary for effective administration and supervision of projects and programmes;
sectoral and general import support programmes which may take the form of:
sectoral import programmes through direct procurement including financing of inputs in the productive system and supplies to improve social services;
sectoral import programmes in the form of foreign exchange released in instalments for financing sectoral imports; and
general import programmes in the form of foreign exchange released in instalments for financing general imports covering a wide range of products.
Direct budgetary assistance in support of macroeconomic or sectoral reforms shall be granted where:
well-defined poverty-focused national or sector development strategies are in place or under implementation;
well-defined stability-oriented macroeconomic policy established by the country itself and positively assessed by its main donors, including where relevant the international financial institutions, is in place or under implementation; and
public financial management is sufficiently transparent, accountable and effective.
The Community shall align on the systems and procedures specific to each ACP country, monitor its budget support with the partner country and support efforts of partner countries to strengthen domestic accountability, parliamentary oversight, audit capacities and public access to information.
TITLE II
FINANCIAL COOPERATION
CHAPTER 1
Financial resources
Article 62
Overall amount
Should an ACP State fail to ratify this Agreement or denounce it, the Parties shall adjust the amounts of the resources provided for in the Financial Protocol set out in Annex I. Adjustment of the financial resources shall also apply upon:
the accession to the Agreement of new ACP States which did not take part in its negotiation; and
the enlargement of the Community.
Article 63
Methods 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:
the level of development, the geographical situation and economic and financial circumstances of these States;
the nature of the project or programme, its economic and financial return as well as its social and cultural impact; and
in the case of loans, factors guaranteeing their servicing.
Article 64
On-lending operations
Financial assistance may be made available to or through the ACP States concerned or, subject to the provisions of this Agreement through eligible financial institutions or directly to any other eligible beneficiary. Where financial assistance is granted to the final recipient through an intermediary or directly to the final beneficiary in the private sector:
the terms and conditions on which the assistance may be made available by the intermediary to the final recipient or directly to the final beneficiary in the private sector shall be laid down in the financing agreement or loan contract; and
any financial benefit accruing to the intermediary from the on-lending transaction or resulting from direct lending operations to the final beneficiary in the private sector, shall be used for development purposes on the conditions laid down in the financing agreement or the loan contract, after taking into account administrative costs, exchange and financial risks and the cost of technical assistance given to the final recipient.
Article 65
Co-financing
CHAPTER 2
Debt and structural adjustment support
Article 66
Support for debt relief
At the request of an ACP State, the Community may grant:
assistance in studying and finding practical solutions to indebtedness including domestic debt, debt-servicing difficulties and balance of payments problems;
training in debt management and international financial negotiations as well as support for training workshops, courses and seminars in these fields; and
assistance to develop flexible techniques and instruments of debt management.
Article 67
Structural adjustment support
The ACP States and the Community recognise the necessity to encourage reform programmes at regional level ensuring that, in the preparation and execution of national programmes, due consideration is given to regional activities which have an influence on national development. To this end, support for structural adjustment shall also seek to:
incorporate, from the beginning of the diagnosis, measures to encourage regional integration and take account of the consequences of trans-border adjustment;
support the harmonisation and coordination of macroeconomic and sectoral policies, including fiscal and customs areas, so as to fulfil the dual aim of regional integration and of structural reform at national level; and
take account of the effects of net transitional costs of regional integration on budget revenue and balance of payments, either through general import programmes or budgetary support.
CHAPTER 3
Support in case of exogenous shocks
Article 68
CHAPTER 4
Support for sectoral policies
Article 69
Cooperation shall support, through the various instruments and modalities provided for in the Agreement:
social and economic sectoral policies and reforms;
measures to enhance productive sector activity and export competitiveness;
measures to expand social sector services; and
thematic and cross cutting issues.
This support shall be provided as appropriate through:
sectoral programmes;
budgetary support;
investments;
rehabilitation;
training;
technical assistance; and
institutional support.
CHAPTER 5
Microprojects and decentralised cooperation
Article 70
In order to respond to the needs of local communities with regard to development, and to encourage all agents of decentralised cooperation which are in a position to contribute to the autonomous development of the ACP States to put forward and implement initiatives, cooperation shall support, within the framework laid down in the rules and national legislation of the ACP States concerned and the provisions of the indicative programme, such development operations. In this context, cooperation shall support:
micro-projects at local level which have an economic and social impact on the life of the people, meet a demonstrated and observed priority need, and shall be undertaken at the initiative and with the active participation of the local community which shall benefit therefrom; and
decentralised cooperation, in particular where such operations combine efforts and resources of decentralised agents from the ACP States and their counterparts from the Community. This form of cooperation shall enable the mobilisation of capabilities, innovative operating methods and resources of decentralised agents for the development of the ACP State.
Article 71
Contributions for the financing of micro-projects and decentralised cooperation shall be made by the Fund, in which case the contribution shall not normally exceed three-quarters of the total cost of each project and may not exceed the limit set in the indicative programme. The remaining balance shall be provided:
by the local community concerned in case of micro-projects (either in kind or in the form of services or cash and adapted to its capacity to contribute);
by the agents of decentralised cooperation, provided that the financial, technical, material and other resources brought in by such agents shall not normally be less than 25 % of the estimated cost of the project/programme; and
exceptionally by the ACP State concerned, either in the form of a financial contribution or through the use of public equipment or the supply of services.
CHAPTER 6
Humanitarian, emergency and post-emergency assistance
Article 72
General principle
Article 72a
Objective
Humanitarian and emergency assistance shall aim to:
safeguard human lives in crises and immediate post-crisis situations;
contribute to the financing and delivery of humanitarian aid and to the direct access to it of its intended beneficiaries by all logistical means available;
carry out short-term rehabilitation and reconstruction to enable the victims to benefit from a minimum of socio-economic integration and, as soon as possible, create the conditions for a resumption of development on the basis of long-term objectives set by the ACP countries and regions concerned;
address the needs arising from the displacement of people (refugees, displaced persons and returnees) following natural or man-made disasters so as to meet, for as long as necessary, all the needs of refugees and displaced persons (wherever they may be) and facilitate action for their voluntary repatriation and re-integration in their country of origin; and
assist the ACP State or region in setting up short term disaster prevention and preparedness mechanisms, including for prediction and early warning, with a view to reducing the consequences of disasters.
Where appropriate, short-term disaster prevention and preparedness mechanisms as referred to in paragraph 1(e) will be coordinated with other disaster prevention and preparedness mechanisms in place.
The development and strengthening of national, regional and all-ACP disaster risk reduction and management mechanisms shall assist ACP States to build their resilience to the impact of disasters. All related activities may be pursued in cooperation with regional and international organisations and programmes that have a proven track record in disaster risk reduction.
Article 73
Implementation
CHAPTER 7
Investment and private sector development support
Article 74
Cooperation shall, through financial and technical assistance, support the policies and strategies for investment and private sector development as set out in this Agreement.
Article 75
Investment promotion
The ACP States, the Community and its Member States, within the scope of their respective competencies, recognising the importance of private investment in the promotion of their development cooperation and acknowledging the need to take steps to promote such investment, shall:
implement measures to encourage participation in their development efforts by private investors who comply with the objectives and priorities of ACP-EC development cooperation and with the appropriate laws and regulations of their respective States;
take measures and actions which help to create and maintain a predictable and secure investment climate as well as enter into negotiations on agreements which will improve such climate;
encourage the EU private sector to invest and to provide specific assistance to its counterparts in the ACP countries under mutual business cooperation and partnerships;
facilitate partnerships and joint ventures by encouraging co-financing;
sponsor sectoral investment fora to promote partnerships and external investment;
support efforts of the ACP States to attract financing, with particular emphasis on private financing, for infrastructure investments and revenue generating infrastructure critical for the private sector;
support capacity building for domestic investment promotion agencies and institutions involved in promoting and facilitating foreign investment;
disseminate information on investment opportunities and business operating conditions in the ACP States; and
promote national, regional and ACP-EU private sector business dialogue, cooperation and partnerships, in particular through an ACP-EU private sector business forum. Support for operations of an ACP-EU private sector business forum shall be provided in pursuit of the following objectives:
to facilitate dialogue within the ACP/EU private sector and between the ACP/EU private sector and the bodies established under the Agreement;
to analyse and periodically provide the relevant bodies with information on the whole range of issues concerning relations between the ACP and EU private sectors in the context of the Agreement or, more generally, of economic relations between the Community and the ACP countries; and
to analyse and provide the relevant bodies with information on specific problems of a sectoral nature relating to, inter alia, branches of production or types of products at regional or sub-regional level.
Article 76
Investment finance and support
Cooperation shall provide long-term financial resources, including risk capital, to assist in promoting growth in the private sector and help to mobilise domestic and foreign capital for this purpose. To this end, cooperation shall provide, in particular:
grants for financial and technical assistance to support policy reforms, human resource development, institutional capacity-building or other forms of institutional support related to a specific investment, measures to increase the competitiveness of enterprises and to strengthen the capacities of the private financial and non-financial intermediaries, investment facilitation and promotion and competitiveness enhancement activities;
advisory and consultative services to assist in creating a responsive investment climate and information base to guide and encourage the flow of capital;
risk-capital for equity or quasi-equity investments, guarantees in support of domestic and foreign private investment and loans or lines of credit on the conditions laid down in Annex II ‘Terms and Conditions of Financing’ to this Agreement; and
loans from the Bank's own resources and the Investment Facility, the terms and conditions of which are set out in Annex II to this Agreement. Such loans may also be used to finance public investment in basic infrastructure.
Article 77
Investment guarantees
Cooperation shall offer guarantees and assist with guarantees funds covering risks for qualified investment. Specifically, cooperation shall provide support to:
reinsurance schemes to cover foreign direct investment by eligible investors; against legal uncertainties and the major risks of expropriation, currency transfer restriction, war and civil disturbance, and breach of contract. Investors may insure projects for any combination of the four types of coverage;
guarantee programmes to cover risk in the form of partial guarantees for debt financing. Both partial risk and partial credit guarantee shall be available; and
national and regional guarantee funds, involving, in particular, domestic financial institutions or investors for encouraging the development of the financial sector.
Article 78
Investment protection
TITLE III
TECHNICAL COOPERATION
Article 79
Furthermore, technical cooperation, shall be cost-effective and relevant to the need for which it is intended, and shall also favour the transfer of know-how and increase national and regional capabilities. Technical cooperation shall contribute to the achievement of project and programme goals, including efforts to strengthen management capacity of the National and Regional Authorising Officers. Technical assistance shall:
be demand-driven and thus made available only at the request of the ACP State or States concerned, and adapted to recipient needs;
complement and support ACP efforts to identify their own requirements;
be monitored and followed up to guarantee effectiveness;
encourage the participation of ACP experts, consultancy firms and educational and research institutions in contracts financed from the Fund and identify ways of employing qualified national and regional personnel on Fund projects;
encourage the secondment of ACP national cadres as consultants to an institution in their own country, or a neighbouring country, or to a regional organisation;
aim at developing knowledge of national and regional manpower constraints and potential and establish a register of ACP experts, consultants and consultancy firms suitable for employment on projects and programmes financed from the Fund;
support intra-ACP technical assistance in order to promote the exchange between the ACP States of technical assistance, management and professional expertise;
develop action programmes for long-term institution building and staff development as an integral part of project and programme planning, account being taken of the necessary financial requirements;
support arrangements to enhance the capacity of the ACP States to build up their own expertise; and
give special attention to the development of the ACP States' capacities in project planning, implementation and evaluation, as well budget management.
Article 80
With a view to reversing the brain drain from the ACP States, the Community shall assist ACP States which so request to facilitate the return of qualified ACP nationals resident in developed countries through appropriate re-installation incentives.
TITLE IV
PROCEDURES AND MANAGEMENT SYSTEMS
Article 81
Procedures
Management procedures shall be transparent, easy to apply and shall enable the decentralisation of tasks and responsibilities to the field. The implementation of ACP-EU development cooperation shall be open to non-State actors in areas that concern them. The detailed procedural provisions for programming, preparation, implementation and the management of financial and technical cooperation are laid down in Annex IV on Implementation and Management Procedures. The Council of Ministers may review, revise and amend these provisions on the basis of a recommendation from the ACP-EC Development Finance Cooperation Committee.
Article 82
Executing agents
For the implementation of financial and technical cooperation under this Agreement, executing agents are designated. Detailed provisions for the responsibilities of the executing agents are laid down in Annex IV on Implementation and Management Procedures.
Article 83
ACP-EC Development Finance Cooperation Committee
The ACP-EC Committee shall, inter alia:
ensure the overall achievement of the objectives and principles of development finance cooperation and establish general guidelines for their effective and timely implementation;
examine the problems arising from the implementation of development cooperation activities and propose appropriate measures;
review the annexes to the Agreement to ensure their continued relevance and recommend any appropriate amendments to the Council of Ministers for approval; and
examine the operations deployed within the framework of the Agreement to attain the objectives of promoting private sector development and investment and the operations of the Investment Facility.
PART 5
GENERAL PROVISIONS FOR THE LEAST-DEVELOPED, LANDLOCKED AND ISLAND ACP STATES (LDLICS)
CHAPTER 1
General provisions
Article 84
Independently of the specific measures and provisions for the least-developed, landlocked and island countries in the different chapters of the Agreement, special attention shall be paid in respect of these groups as well as countries in post-conflict situations to:
the strengthening of regional cooperation;
transport and communications' infrastructure;
the efficient exploitation of marine resources and the marketing of products so produced and, in the case of landlocked countries, inland fisheries;
structural adjustment where account shall be taken of the level of development of these countries and equally, at the implementation stage, of the social dimension of adjustment; and
the implementation of food strategies and integrated development programmes.
CHAPTER 2
Least-developed ACP States
Article 85
The list of least-developed countries is given in Annex VI. It may be amended by a decision of the Council of Ministers where:
a third State in a comparable situation accedes to this Agreement; and
the economic situation of an ACP State changes considerably and durably to the extent that it needs to be included in the least-developed category or its inclusion in that category is no longer justified.
Article 86
The provisions adopted in respect of the least-developed ACP States are contained in the following Articles: 2, 29, 32, 35, 37, 56, 68, 84, 85.
CHAPTER 3
Landlocked ACP States
Article 87
Article 88
The provisions adopted in respect of the landlocked ACP States are contained in the following Articles: 2, 32, 35, 56, 68, 84, 87.
CHAPTER 4
Island ACP States
Article 89
Article 90
The provisions adopted in respect of the island ACP States are contained in the following Articles: 2, 32, 35, 56, 68, 84, 89.
PART 6
FINAL PROVISIONS
Article 91
Conflict between this Agreement and other treaties
No treaty, convention, agreement or arrangement of any kind between one or more Member States of the Community and one or more ACP States may impede the implementation of this Agreement.
Article 92
Scope of territorial application
Subject to the special provisions regarding the relations between the ACP States and the French overseas departments provided for therein, this Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territories of the ACP States.
Article 93
Ratification and entry into force
For such States this Agreement shall become applicable on the first day of the second month following the completion of these procedures. These States shall recognise the validity of any measure taken to implement the Agreement after the date of its entry into force.
By way of derogation from paragraph 4, the countries concerned which are signatories to the Agreement may complete the ratification procedures within twelve months of the restoration of government institutions.
The countries concerned which have neither signed nor ratified the Agreement may accede to it by means of the accession procedure provided for in Article 94.
Article 94
Accession
If the request is approved by the Council of Ministers, the State concerned shall accede to this Agreement by depositing an act of accession with the General Secretariat of the Council of the European Union, which shall send a certified copy to the ACP Secretariat and notify the Member States. The Council of Ministers may lay down any amending measures that might be necessary.
The State concerned shall enjoy the same rights and be subject to the same obligations as the ACP States. Its accession may not infringe on the benefits enjoyed by the ACP States signatory to this Agreement under the provisions on development cooperation financing. The Council of Ministers may lay down the conditions and specific arrangements for the accession of an individual State in a special protocol that shall form an integral part of the Agreement.
Any new Member State of the European Union shall become a Party to this Agreement from the date of its accession by means of a clause to that effect in the act of accession. If the act of accession to the Union does not provide for such automatic accession of the Member State to this Agreement, the Member State concerned shall accede by depositing an act of accession with the General Secretariat of the Council of the European Union, which shall send a certified copy to the ACP Secretariat and notify the Member States.
The Parties shall review the effects of the accession of new Member States on this Agreement. The Council of Ministers may decide on any transitional or amending measures that might be necessary.
Article 95
Duration of the agreement and revision clause
Ten months before the expiry of this five-year period, the Parties shall enter into negotiations with a view to examining any possible amendments to the provisions that were the subject of the notification.
Article 93 shall also apply to the amendments made.
The Council of Ministers shall adopt any transitional measures that may be required in respect of the amended provisions until they come into force.
The Council of Ministers shall adopt any transitional measures that may be required until the new Agreement comes into force.
Article 96
Essential elements: consultation procedure and appropriate measures as regards human rights, democratic principles and the rule of law
If, despite the political dialogue on the essential elements as provided for under Article 8 and paragraph 1a of this Article, a Party considers that the other Party fails to fulfil an obligation stemming from respect for human rights, democratic principles and the rule of law referred to in Article 9(2), it shall, except in cases of special urgency, supply the other Party and the Council of Ministers with the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. To this end, it shall invite the other Party to hold consultations that focus on the measures taken or to be taken by the Party concerned to remedy the situation in accordance with Annex VII.
The consultations shall be conducted at the level and in the form considered most appropriate for finding a solution.
The consultations shall begin no later than 30 days after the invitation and shall continue for a period established by mutual agreement, depending on the nature and gravity of the violation. In no case shall the dialogue under the consultations procedure last longer than 120 days.
If the consultations do not lead to a solution acceptable to both Parties, if consultation is refused or in cases of special urgency, appropriate measures may be taken. These measures shall be revoked as soon as the reasons for taking them no longer prevail.
The term ‘cases of special urgency’ shall refer to exceptional cases of particularly serious and flagrant violation of one of the essential elements referred to in paragraph 2 of Article 9, that require an immediate reaction.
The Party resorting to the special urgency procedure shall inform the other Party and the Council of Ministers separately of the fact unless it does not have time to do so.
The ‘appropriate measures’ referred to in this Article are measures taken in accordance with international law, and proportional to the violation. In the selection of these measures, priority must be given to those which least disrupt the application of this agreement. It is understood that suspension would be a measure of last resort.
If measures are taken in cases of special urgency, they shall be immediately notified to the other Party and the Council of Ministers. At the request of the Party concerned, consultations may then be called in order to examine the situation thoroughly and, if possible, find solutions. These consultations shall be conducted according to the arrangements set out in the second and third subparagraphs of paragraph (a).
Article 97
Consultation procedure and appropriate measures as regards corruption
Article 98
Dispute settlement
Between meetings of the Council of Ministers, such disputes shall be submitted to the Committee of Ambassadors.
If the Council of Ministers does not succeed in settling the dispute, either Party may request settlement of the dispute by arbitration. To this end, each Party shall appoint an arbitrator within thirty days of the request for arbitration. In the event of failure to do so, either Party may ask the Secretary-General of the Permanent Court of Arbitration to appoint the second arbitrator.
The two arbitrators shall in turn appoint a third arbitrator within thirty days. In the event of failure to do so, either Party may ask the Secretary-General of the Permanent Court of Arbitration to appoint the third arbitrator.
Unless the arbitrators decide otherwise, the procedure applied shall be that laid down in the optional arbitration regulation of the Permanent Court of Arbitration for International Organisations and States. The arbitrators' decisions shall be taken by majority vote within three months.
Each Party to the dispute shall be bound to take the measures necessary to carry out the decision of the arbitrators.
For the application of this procedure, the Community and the Member States shall be deemed to be one Party to the dispute.
Article 99
Denunciation clause
This Agreement may be denounced by the Community and its Member States in respect of each ACP State and by each ACP State in respect of the Community and its Member States, upon six months' notice.
Article 100
Status of the texts
The Protocols and Annexes attached to this Agreement shall form an integral part thereof. Annexes Ia, II, III, IV and VI may be revised, reviewed and/or amended by the Council of Ministers on the basis of a recommendation from the ACP-EC Development Finance Cooperation Committee.
This Agreement, drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, all texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union and the Secretariat of the ACP States, which shall both transmit a certified copy to the government of each of the Signatory States.
Hecho en Cotonú, el veintitrés de junio del año dos mil.
Udfærdiget i Cotonou den treogtyvende juni to tusind.
Geschehen zu Cotonou am dreiundzwanzigsten Juni zweitausend.
Έγινε στην Κοτονού, στις είκοσι τρεις Ιουνίου δύο χιλιάδες.
Done at Cotonou on the twenty-third day of June in the year two thousand.
Fait à Cotonou, le vingt-trois juin deux mille.
Fatto a Cotonou, addì ventitré giugno duemila.
Gedaan te Cotonou, de drieëntwintigste juni tweeduizend.
Feito em Cotonu, em vinte e três de Junho de dois mil.
Tehty Cotonoussa kahdentenakymmenentenäkolmantena päivänä kesäkuuta vuonna kaksituhatta.
Som skedde i Cotonou den tjugotredje juni tjugohundra.
Pour Sa Majesté le Roi des Belges
Voor Zijne Majesteit de Koning der Belgen
Für Seine Majestät den König der Belgier
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
For Hendes Majestæt Danmarks Dronning
Für den Präsidenten der Bundesrepublik Deutschland
Για τον Πρόεδρο της Ελληνικής Δημοκρατίας
Por Su Majestad el Rey de España
Pour le Président de la République française
Thar ceann Uachtarán na hÉireann
For the President of Ireland
Per il Presidente della Repubblica italiana
Pour Son Altesse Royale le Grand-Duc de Luxembourg
Voor Hare Majesteit de Koningin der Nederlanden
Für den Bundespräsidenten der Republik Österreich
Pelo Presidente da República Portuguesa
Suomen Tasavallan Presidentin puolesta
För Republiken Finlands President
På svenska regeringens vägnar
For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland
Por la Comunidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Pour le Président de la République d'Angola
For Her Majesty the Queen of Antigua and Barbuda
For the Head of State of the Commonwealth of the Bahamas
For the Head of State of Barbados
For the Government of Belize
Pour le Président de la République du Bénin
For the President of the Republic of Botswana
Pour le Président du Burkina Faso
Pour le Président de la République du Burundi
Pour le Président de la République du Cameroun
Pour le Président de la République du Cap-Vert
Pour le Président de la République Centrafricaine
Pour le Président de la République Fédérale Islamique des Comores
Pour le Président de la République démocratique du Congo
Pour le Président de la République du Congo
For the Government of the Cook Islands
Pour le Président de la République de Côte d'Ivoire
Pour le Président de la République de Djibouti
For the Government of the Commonwealth of Dominica
For the President of the Dominican Republic
For the President of the State of Eritrea
For the President of the Federal Republic of Ethiopia
For the President of the Sovereign Democratic Republic of Fiji
Pour le Président de la République gabonaise
For the President and Head of State of the Republic of The Gambia
For the President of the Republic of Ghana
For Her Majesty the Queen of Grenada
Pour le Président de la République de Guinée
Pour le Président de la République de Guinée-Bissau
Pour le Président de la République de Guinée équatoriale
For the President of the Republic of Guyana
Pour le Président de la République d'Haïti
For the Head of State of Jamaica
For the President of the Republic of Kenya
For the President of the Republic of Kiribati
For His Majesty the King of the Kingdom of Lesotho
For the President of the Republic of Liberia
Pour le Président de la République de Madagascar
For the President of the Republic of Malawi
Pour le Président de la République du Mali
For the Government of the Republic of the Marshall Islands
Pour le Président de la République Islamique de Mauritanie
For the President of the Republic of Mauritius
For the Government of the Federated States of Micronesia
Pour le Président de la République du Mozambique
For the President of the Republic of Namibia
For the Government of the Republic of Nauru
Pour le Président de la République du Niger
For the President of the Federal Republic of Nigeria
For the Government of Niue
For the Government of the Republic of Palau
For Her Majesty the Queen of the Independent State of Papua New Guinea
Pour le Président de la République Rwandaise
For Her Majesty the Queen of Saint Kitts and Nevis
For Her Majesty the Queen of Saint Lucia
For Her Majesty the Queen of Saint Vincent and the Grenadines
For the Head of State of the Independent State of Samoa
Pour le Président de la République démocratique de São Tomé et Príncipe
Pour le Président de la République du Sénégal
Pour le Président de la République des Seychelles
For the President of the Republic of Sierra Leone
For Her Majesty the Queen of the Solomon Islands
For the President of the Republic of South Africa
For the President of the Republic of the Sudan
For the President of the Republic of Suriname
For His Majesty the King of the Kingdom of Swaziland
For the President of the United Republic of Tanzania
Pour le Président de la République du Tchad
Pour le Président de la République togolaise
For His Majesty King Taufa'ahau Tupou IV of Tonga
For the President of the Republic of Trinidad and Tobago
For Her Majesty the Queen of Tuvalu
For the President of the Republic of Uganda
For the Government of the Republic of Vanuatu
For the President of the Republic of Zambia
For the Government of the Republic of Zimbabwe
ANNEXES TO THE AGREEMENT
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TABLE OF CONTENTS |
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ANNEX I: FINANCIAL PROTOCOL |
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ANNEX IA: MULTIANNUAL FINANCIAL FRAMEWORK OF COOPERATION UNDER THIS AGREEMENT |
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ANNEX IB: MULTIANNUAL FINANCIAL FRAMEWORK FOR THE PERIOD 2008 TO 2013 |
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ANNEX IC: MULTIANNUAL FINANCIAL FRAMEWORK FOR THE PERIOD 2014-2020 |
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ANNEX II: TERMS AND CONDITIONS OF FINANCING |
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Chapter 1: Investment financing |
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Chapter 2: Special operations |
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Chapter 3: Financing for short-term fluctuations in export earnings |
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Chapter 4: Other provisions |
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Chapter 5: Investment protection agreements |
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ANNEX III: INSTITUTIONAL SUPPORT |
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ANNEX IV: IMPLEMENTATION AND MANAGEMENT PROCEDURES |
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Chapter 1: Programming (national) |
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Chapter 2: Programming and preparation (regional) |
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Chapter 3: Appraisal and financing |
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Chapter 4: Implementation |
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Chapter 5: Monitoring and evaluation |
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Chapter 6: Fund-resource management and executing agents |
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ANNEX VI: LIST OF LDLICS |
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ANNEX VII: POLITICAL DIALOGUE AS REGARDS HUMAN RIGHTS, DEMOCRATIC PRINCIPLES AND THE RULE OF LAW |
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PROTOCOLS |
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PROTOCOL 1 ON THE OPERATING EXPENDITURE OF THE JOINT INSTITUTIONS |
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PROTOCOL 2 ON PRIVILEGES AND IMMUNITIES |
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Chapter 1: Persons taking part in the work of the Agreement |
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Chapter 2: Property, funds and assets of the Council of ACP Ministers |
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Chapter 3: Official communications |
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Chapter 4: Staff of the Secretariat of the ACP States |
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Chapter 5: Commission Delegations in the ACP States |
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Chapter 6: General provisions |
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PROTOCOL 3 ON SOUTH AFRICA |
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ANNEX I
FINANCIAL PROTOCOL
1. For the purposes set out in this Agreement and for a period of five years commencing 1 March 2000, the overall amount of the Community's financial assistance to the ACP States shall be EUR 15 200 million.
2. The Community's financial assistance shall comprise an amount up to EUR 13 500 million from the 9th European Development Fund (EDF).
3. The 9th EDF shall be allocated between the instruments of cooperation as follows:
EUR 10 000 million in the form of grants shall be reserved for an envelope for support for long-term development. This envelope shall be used to finance national indicative programmes in accordance with Articles 1 to 5 of Annex IV ‘Implementation and management procedures’ to this Agreement. From the envelope for support for long-term development:
EUR 90 million shall be reserved for the financing of the budget of the Centre for the Development of Enterprise (CDE);
EUR 70 million shall be reserved for the financing of the budget of the Centre for the Development of Agriculture (CTA); and
an amount not exceeding EUR 4 million shall be reserved for the purposes referred to in Article 17 of this Agreement (Joint Parliamentary Assembly).
EUR 1 300 million in the form of grants shall be reserved for the financing of support for regional cooperation and integration of the ACP States in accordance with Articles 6 to 14 of Annex IV ‘Implementation and management procedures’ to this Agreement.
EUR 2 200 million shall be allocated to finance the Investment Facility according to the terms and conditions set out in Annex II ‘Terms and conditions of financing’ to this Agreement without prejudice to the financing of the interest rate subsidies provided for in Articles 2 and 4 of Annex II to this Agreement funded from the resources mentioned in paragraph 3(a) of this Annex.
4. An amount of up to EUR 1 700 million shall be provided from the European Investment Bank in the form of loans made from its own resources. These resources shall be granted for the purposes set out in Annex II ‘Terms and conditions of financing’ to this Agreement in accordance with the conditions provided for by its statutes and the relevant provisions of the terms and conditions for investment financing as laid down in the aforementioned Annex. The Bank may, from the resources it manages, contribute to the financing of regional projects and programmes.
5. Any balances remaining from previous EDFs on the date of entry into force of this Financial Protocol, as well as any amounts that shall be decommitted at a later date from ongoing projects under these Funds, shall be transferred to the 9th EDF and shall be used in accordance with the conditions laid down in this Agreement. Any resources thus transferred to the 9th EDF that previously had been allocated to the indicative programme of an ACP State or region shall remain allocated to that State or region. The overall amount of this Financial Protocol, supplemented by the transferred balances from previous EDFs, will cover the period of 2000-2007.
6. The Bank shall administer the loans made from its own resources, as well as the operations financed under the Investment Facility. All other financial resources of this Agreement shall be administered by the Commission.
7. Before the expiry of this Financial Protocol, the Parties shall assess the degree of realisation of commitments and disbursements. This assessment shall constitute the basis for re-evaluating the overall amount of resources as well for evaluating the need for new resources to support financial cooperation under this Agreement.
8. In the event of the funds provided for in any of the instruments of the Agreement being exhausted before the expiry of this Financial Protocol, the joint ACP-EC Council of Ministers shall take the appropriate measures.
9. By derogation from Article 58 of this Agreement, an amount of EUR 90 million shall be transferred to the intra ACP envelope under the 9th EDF. This amount may be allocated to finance devolution for the period 2006 to 2007, and shall be managed directly by the Commission.
ANNEX Ia
Multiannual financial framework of cooperation under this Agreement
1. For the purposes set out in this Agreement and for a period beginning on 1 March 2005, a multiannual financial framework of cooperation shall cover commitments beginning on 1 January 2008 for a period of five or six years.
2. For this new period, the European Union shall maintain its aid effort to ACP States at least at the same level as that of the 9th EDF, not including balances; to this shall be added, based on Community estimates, the effects of inflation, growth within the European Union and enlargement to 10 new Member States in 2004.
3. Any required amendments to the multiannual financial framework or relative parts of the Agreement shall be decided by the Council of Ministers by derogation from Article 95 of this Agreement.
ANNEX Ib
Multiannual financial framework for the period 2008 to 2013
1. For the purposes set out in this Agreement and for a period starting on 1 January 2008, the overall amount of the financial assistance for the ACP Group of States within this multiannual financial framework shall be EUR 23 966 million, as specified in points 2 and 3.
2. The sum of EUR 21 966 million under the 10th European Development Fund (EDF), shall be made available on entry into force of the multiannual financial framework. It shall be allocated between the instruments of cooperation as follows:
EUR 17 766 million to finance national and regional indicative programmes. This allocation will be used to finance:
the national indicative programmes of the ACP Group of States in accordance with Articles 1 to 5 of Annex IV to this Agreement concerning implementation and management procedures;
the regional indicative programmes of support for regional and inter-regional cooperation and integration of ACP Group of States in accordance with Articles 6 to 11, 13(1) and 14 of Annex IV to this Agreement concerning implementation and management procedures;
EUR 2 700 million to finance intra-ACP and inter-regional cooperation with many or all of the ACP Group of States, in accordance with Articles 12, 13(2) and 14 of Annex IV to this Agreement concerning implementation and management procedures. This envelope shall include structural support to the joint institutions: the CDE and the CTA referred to and supervised in accordance with the rules and procedures set out in Annex III to this Agreement, and the Joint Parliamentary Assembly referred to in Article 17 of this Agreement. This envelope shall also cover assistance for the operating expenditures of the ACP Secretariat referred to in points 1 and 2 of Protocol 1 attached to this Agreement;
EUR 1 500 million to finance the Investment Facility in accordance with the terms and conditions set out in Annex II (Terms and conditions of financing) to this Agreement, comprising an additional contribution of EUR 1 100 million to the resources of the Investment Facility, managed as a revolving fund, and EUR 400 million under the form of grants for the financing of the interestrate subsidies provided for in Articles 2 and 4 of that Annex over the period of the 10th EDF.
3. The operations financed under the Investment Facility, including the corresponding interestrate subsidies, shall be managed by the European Investment Bank (EIB). An amount of up to EUR 2 000 million in addition to the 10th EDF shall be made available by the EIB in the form of loans from own resources. These resources shall be granted for the purposes set out in Annex II to this Agreement, in accordance with the conditions laid down in the statutes of the EIB and the relevant provisions of the terms and conditions for investment financing in that Annex. All other financial resources under this multiannual financial framework shall be administered by the Commission.
4. After 31 December 2007 or after the date of entry into force of this multiannual financial framework, whichever is the later, balances from the Ninth EDF or from previous EDFs and funds decommitted from projects under these EDFs shall no longer be committed, unless the Council of the European Union decides otherwise by unanimity, with the exception of the balances and funds decommitted after the date of entry into force resulting from the system guaranteeing the stabilisation of export earnings from primary agricultural products (STABEX) under the EDFs prior to the Ninth EDF, and the remaining balances and reimbursements of the amounts allocated for the financing of the Investment Facility, excluding the related interestrate subsidies. The funds possibly committed after 31 December 2007 until the entry into force of this Agreement, as referred to above, will be used exclusively to ensure the working ability of the EU administration and to cover the ongoing costs to sustain running projects until the 10th EDF comes into force.
5. The overall amount of this multiannual financial framework shall cover the period from 1 January 2008 to 31 December 2013. The funds of the 10th EDF, apart from amounts allocated to the Investment Facility, excluding the related interestrate subsidies, shall no longer be committed beyond 31 December 2013, unless the Council of the European Union decides otherwise by unanimity, on a proposal from the Commission.
6. The Committee of Ambassadors, acting on behalf of the ACP-EC Council of Ministers, may, within the overall amount of the multiannual financial framework, take appropriate measures in order to meet programming requirements under one of the allocations provided for in point 2, including the reassignment of funds between these allocations.
7. The Parties will conduct a performance review, assessing the degree of realisation of commitments and disbursements, as well as the results and impact of the aid provided. This review will be undertaken on the basis of a proposal prepared by the Commission in 2010. It shall contribute to a decision on the amount of the financial cooperation after 2013.
8. Any Member State may provide the Commission or the EIB with voluntary contributions to support the objectives of the ACP-EC Partnership Agreement. Member States may also co-finance projects or programmes, for example in the framework of specific initiatives to be managed by the Commission or the EIB. ACP ownership at the national level of such initiatives must be guaranteed.
ANNEX Ic
Multiannual financial framework for the period 2014-2020
1. For the purposes set out in this Agreement and for a period starting on 1 January 2014, the overall amount of financial assistance available to the ACP States within this multiannual financial framework shall be EUR 31 589 million, as specified in points 2 and 3.
2. The sum of EUR 29 089 million under the 11th European Development Fund (EDF), shall be made available from the date of entry into force of the multiannual financial framework. It shall be allocated between the cooperation instruments as follows:
EUR 23 940 million to finance national and regional indicative programmes. This allocation will be used to finance:
the national indicative programmes of individual ACP States in accordance with Articles 1 to 5 of Annex IV to this Agreement concerning implementation and management procedures;
the regional indicative programmes of support for regional and inter-regional cooperation and regional integration of ACP States in accordance with Articles 6 to 11 of Annex IV to this Agreement concerning implementation and management procedures;
EUR 4 015 million to finance intra-ACP and interregional cooperation with many or all of the ACP States in accordance with Articles 12 to 14 of Annex IV to this Agreement concerning implementation and management procedures. This envelope shall include support to joint institutions and bodies created under this Agreement. It shall also cover assistance with the operating expenditure of the ACP Secretariat referred to in points 1 and 2 of Protocol No 1 on the operating expenditure of the joint institutions;
EUR 1 134 million to finance the Investment Facility in accordance with the terms and conditions set out in Annex II (Terms and conditions of financing) to this Agreement, comprising an additional contribution to EUR 500 million to the resources of the Investment Facility, managed as a revolving fund, and EUR 634 million under the form of grants for the financing of the interest rate subsidies and project-related technical assistance provided for in Articles 1, 2 and 4 of that Annex over the period of the 11th EDF.
3. The operations financed under the Investment Facility, including the corresponding interest rate subsidies, shall be managed by the European Investment Bank (EIB). An amount of up to EUR 2 500 million in addition to the funds available from the 11th EDF shall be made available by the EIB in the form of loans from own resources. These resources shall be granted for the purposes set out in Annex II to this Agreement, in accordance with the conditions laid down in the statutes of the EIB and the relevant provisions of the terms and conditions for investment financing in that Annex. All other financial resources under this multiannual financial framework shall be administered by the Commission.
4. After 31 December 2013 or after the date of entry into force of this multiannual financial framework, whichever is the later, balances from the 10th EDF or from previous EDFs and funds decommitted from projects under these EDFs shall no longer be committed, unless the Council of the European Union decides otherwise by unanimity, with the exception of the remaining balances and reimbursements of the amounts allocated for the financing of the Investment Facility, excluding the related interest rate subsidies, and the remaining balances of the primary agricultural export receipt stabilisation guarantee system (STABEX) under the EDFs prior to the 9th EDF.
5. The overall amount of this multiannual financial framework shall cover the period from 1 January 2014 to 31 December 2020. The funds of the 11th EDF, and, in the case of the Investment Facility, the funds stemming from reflows, shall no longer be committed beyond 31 December 2020, unless the Council of the European Union decides otherwise by unanimity, on a proposal from the Commission. However, the funds subscribed by Member States under the 9th, 10th and 11th EDF to finance the Investment Facilities shall remain available after 31 December 2020 for disbursement.
6. The Committee of Ambassadors, acting on behalf of the ACP-EU Council of Ministers, may, within the overall amount of the multiannual financial framework, take appropriate measures in order to meet programming requirements under one of the allocations provided for in point 2, including the reassignment of funds between these allocations.
7. At the request of either Side, the Parties may decide to conduct a performance review, at a mutually agreeable time, assessing the degree of realisation of commitments and disbursements, as well as the results and impact of the aid provided. This review would be undertaken on the basis of a proposal prepared by the Commission. It could contribute to the negotiations provided for in Article 95(4) of this Agreement.
8. Any Member State may provide the Commission or the EIB with voluntary contributions to support the objectives of the ACP-EU Partnership Agreement. Member States may also co-finance projects or programmes, for example in the framework of specific initiatives to be managed by the Commission or the EIB. ACP ownership of such initiatives at the national level must be guaranteed.
ANNEX II
TERMS AND CONDITIONS OF FINANCING
CHAPTER 1
INVESTMENT FINANCING
Article 1
Article 2
Resources of the investment facility
The resources of the Facility may be used, inter alia, to:
provide risk capital in the form of:
equity participation in ACP enterprises, including financial institutions;
quasi-capital assistance to ACP enterprises, including financial institutions; and
guarantees and other credit enhancements which may be used to cover political and other investment-related risks, both for foreign and local investors or lenders.
provide ordinary loans.
Quasi-capital assistance may consist of shareholders' advances, convertible bonds, conditional, subordinated and participating loans or any other similar form of assistance. Such assistance may consist in particular of:
conditional loans, the servicing and/or the duration of which shall be linked to the fulfilment of certain conditions with regard to the performance of the project; in the specific case of conditional loans for pre-investment studies or other project-related technical assistance, servicing may be waived if the investment is not carried out;
participating loans, the servicing and/or the duration of which shall be linked to the financial return of the project; and
subordinated loans, which shall be repaid only after other claims have been settled.
The remuneration of each operation shall be specified when the loan is made. However:
in the case of conditional or participating loans, the remuneration shall normally comprise a fixed interest rate of not more than 3 % and a variable component related to the performance of the project; and
in the case of subordinated loans, the interest rate shall be market related.
Ordinary loans in countries not subject to restrictive borrowing conditions under the HIPC or other internationally agreed debt sustainability frameworks may be extended on concessional terms and conditions in the following cases:
for infrastructure projects, that are a prerequisite for private sector development in the Least Developed Countries, in post-conflict countries and in post-natural disaster countries. In such cases, the interest rate of the loan will be reduced by up to 3 %;
for projects which involve restructuring operations in the framework of privatisation or for projects with substantial and clearly demonstrable social or environmental benefits. In such cases, loans may be extended with an interest rate subsidy, the amount and form of which will be decided with respect to the particular characteristics of the project. However, the interest rate subsidy shall not be higher than 3 %.
The final rate of loans falling under point (a) or (b) shall, in any case, never be less than 50 % of the reference rate.
Article 3
Operations of the investment facility
The Investment Facility shall operate in all economic sectors and support investments of private and commercially run public sector entities, including revenue generating economic and technological infrastructure critical for the private sector. The Facility shall:
be managed as a revolving fund and aim at being financially sustainable. Its operations shall be on market-related terms and conditions and shall avoid creating distortions on local markets and displacing private sources of finances;
support the ACP financial sector and have a catalytic effect by encouraging the mobilisation of long-term local resources and attracting foreign private investors and lenders to projects in the ACP States;
bear part of the risk of the projects it funds, its financial sustainability being ensured through the portfolio as a whole and not from individual interventions; and
seek to channel funds through ACP national and regional institutions and programmes that promote the development of small-and medium-sized enterprises (SMEs).
Article 4
Bank own resource loans
The Bank shall:
contribute, through the resources it manages, to the economic and industrial development of the ACP States on a national and regional basis; and to this end, finance as a priority productive projects and programmes or other investments aimed at promoting the private sector in all economic sectors;
establish close cooperation links with national and regional development banks and with banking and financial institutions of the ACP States and of the EU; and
in consultation with the ACP State concerned, adapt the arrangements and procedures for implementing development finance cooperation, as set out in this Agreement, if necessary, to take account of the nature of the projects and programmes and to act in accordance with the objectives of this Agreement, within the framework of the procedures laid down by its statute.
Loans from the Bank's own resources shall be granted under the following terms and conditions:
the reference rate of interest shall be the rate applied by the Bank for a loan with the same conditions as to currency and the repayment period on the day of signature of the contract or on the date of disbursement;
however, for countries which are not subject to restrictive borrowing conditions under the HIPC or other internationally agreed debt sustainability frameworks:
in principle, public sector projects shall be eligible for an interest rate subsidy of up to 3 %;
private sector projects falling into the categories specified in Article 2(7)(b) shall be eligible for interest rate subsidies on the terms specified in that provision.
The final interest rate shall, in any such case, never be less than 50 % of the reference rate;
the repayment period of loans made by the Bank from its own resources shall be determined on the basis of the economic and financial characteristics of the project. These loans shall normally comprise a grace period fixed by reference to the construction period of the project.
Article 5
Conditions for foreign exchange rate risk
In order to minimise the effects of exchange rate fluctuations, the problems of exchange rate risk shall be dealt with in the following way:
in the case of equity participation designed to strengthen an enterprise's own funds, the exchange rate risk shall, as a general rule, be borne by the Investment Facility;
in the case of ordinary loans and risk capital financing for small-and medium-sized enterprises (SMEs), the exchange rate risk shall, as a general rule, be shared by the Community, on the one hand, and by the other Parties involved, on the other. On average, the foreign exchange rate risk should be shared equally; and
where feasible and appropriate, particularly in countries characterised by macroeconomic and financial stability, the Facility will endeavour to extend loans in local ACP currencies, thus de facto taking the foreign exchange risk.
Article 6
Conditions for foreign exchange transfer
The ACP States concerned shall, in respect of operations under the Agreement, and in respect of which they have given their written approval within the framework of this Agreement:
grant exemption from all national or local duties, fiscal charges on interest, commission and amortisation of loans due in accordance with the law or laws of the ACP State or States concerned;
place at the disposal of the beneficiaries the currency necessary for the payment of interest, commission and the amortisation of loans due in terms of financing contracts granted for the implementation of projects and programmes on their territories; and
make available to the Bank the foreign currency necessary for the transfer of all sums received by it in national currency at the exchange rate applicable between the Euro or other currencies of transfer and the national currency at the date of the transfer. These include all forms of remuneration, such as, inter alia, interest, dividends, commissions and fees, as well as the amortisation of loans and the proceeds from the sale of shares due in terms of financing contracts granted for the implementation of projects and programmes on their territories.
Article 6a
Annual reporting on the Investment Facility
Representatives of the EU Member States responsible for the Investment Facility, Representatives of the ACP States, as well as the European Investment Bank, the European Commission, the EU Council Secretariat and the ACP Secretariat shall meet annually to discuss the operations, performance and policy questions concerning the Investment Facility.
Article 6b
Review of performance of the Investment Facility
The overall performance of the Investment Facility shall be subject to a joint review at the mid-term and end-term of a financial protocol. Such an exercise may include a recommendation on how to improve the implementation of the Facility.
CHAPTER 2
SPECIAL OPERATIONS
Article 7
Cooperation shall support from the grant allocation:
low-income housing to promote long-term development of the housing sector, including secondary mortgage facilities;
micro-finance to promote SMEs and micro-enterprises; and
capacity building to strengthen and facilitate the effective participation of the private sector in social and economic development.
CHAPTER 3
FINANCING FOR SHORT-TERM FLUCTUATIONS IN EXPORT EARNINGS
Article 8
Article 9
Eligibility criteria
Eligibility for additional resources shall be established by:
Article 9a
Article 10
Advances
The system for allocating additional resources shall provide for advances to cover any delays in obtaining consolidated trade statistics and to ensure that the resources in question can be included in the budget of the second year following the application year at the latest. Advances shall be reserved for States where Flex financial support can be implemented by means of general budgetary support. They shall be mobilised on the basis of provisional export statistics drawn up by the government and submitted to the Commission. The maximum advance shall be 100 % of the amount of additional financial support for the application year. The amounts thus mobilised shall be adjusted in the light of the final consolidated export statistics. Those statistics shall be submitted no later than 31 December of the second year following the application year.
Article 11
The provisions in this Chapter shall be subject to review at the latest after two years of operation and subsequently at the request of either Party..
CHAPTER 4
OTHER PROVISIONS
Article 12
Current payments and capital movements
Article 13
Qualification and treatment of business entities
As regards arrangements that may be applied in matters of establishment and provision of services, the ACP States, on the one hand, and the Member States, on the other, shall treat nationals and companies or firms of the ACP States and nationals and companies or firms of the Member States respectively on a non-discriminatory basis. However, if, for a given activity, an ACP State or a Member State is unable to provide such treatment, the ACP State or the Member State, as the case may be, shall not be bound to accord such treatment for that activity to the nationals and companies or firms of the State concerned.
Article 14
Definition of ‘companies and firms’
CHAPTER 5
INVESTMENT PROTECTION AGREEMENTS
Article 15
When implementing the provisions of Article 78 of this Agreement, the Parties shall take into account the following principles:
a Contracting State may request where appropriate, the negotiation of an investment promotion and protection agreement with another Contracting State;
the States party to such agreements shall practise no discrimination between Contracting States party to this Agreement or against each other in relation to third countries when opening negotiations for concluding, applying and interpreting bilateral or multilateral investment promotion and protection agreements;
the Contracting States shall have the right to request a modification or adaptation of the non-discriminatory treatment referred to above when international obligations or changed circumstances so necessitate;
the application of the principles referred to above does not purport to and cannot in practice infringe the sovereignty of any Contracting Party to the Agreement; and
the relation between the date of entry into force of any agreement negotiated, provisions for the settlement of disputes and the date of the investments concerned will be set out in the said agreement, account being taken of the provisions set out above. The Contracting Parties confirm that retroactivity shall not apply as a general principle unless Contracting States stipulate otherwise.
With a view to facilitating the negotiation of bilateral agreements on investment promotion and protection, the Contracting Parties agree to study the main clauses of a model protection agreement. The study, drawing on the provisions of the existing bilateral agreements between the States Parties, will give particular attention to the following issues:
legal guarantees to ensure fair and equitable treatment and protection of foreign investors;
the most-favoured-investor clause;
protection in the event of expropiation and nationalisation;
the transfer of capital and profits, and
international arbitration in the event of disputes between investor and host State.
ANNEX III
INSTITUTIONAL SUPPORT
Article 1
Cooperation shall support the institutional mechanism to promote agriculture and rural development. In this context, cooperation shall help to strengthen and reinforce the role of the Technical Centre for Agricultural and Rural Cooperation (CTA) in ACP institutional capacity development, particularly information management, in order to improve access to technologies for increasing agricultural productivity, commercialisation, food security and rural development.
▼M14 —————
Article ►M14 2 ◄
CTA
The CTA shall:
develop and provide information services and ensure better access to research, training and innovations in the spheres of agricultural and rural development and extension, in order to promote agriculture and rural development; and
develop and reinforce ACP capacities in order to:
improve the formulation and management of agricultural and rural development policies and strategies at national and regional levels including improved capacity for data collection, policy research, analysis and formulation;
improve the information and communication management, in particular within the National Agricultural Strategy;
promote effective intra-institutional Information and Communication Management (ICM) for performance monitoring, as well as consortia with regional and international partners;
promote decentralised ICM at local and national levels;
strengthen initiatives via regional cooperation; and
develop approaches for assessing the impact of policy on agricultural and rural development.
The Committee of Ambassadors shall be the supervisory authority of the Centre. It shall, after the signature of this Agreement:
lay down the statutes of the Centre;
appoint the members of the Executive Board;
appoint the management of the Centre on a proposal from the Executive Board; and
monitor the overall strategy of the Centre and supervise the work of the Executive Board.
The Executive Board shall, according to the statutes of the Centre:
lay down the financial and staff regulations and the rules of operation;
supervise its work;
adopt the programme and the budget of the Centre;
submit periodic reporting and evaluations to the Supervisory Authority; and
perform any other tasks allocated to it by the statutes of the Centre.
ANNEX IV
IMPLEMENTATION AND MANAGEMENT PROCEDURES
CHAPTER 1
PROGRAMMING (NATIONAL)
Article 1
Operations financed by grants within the framework of this Agreement shall be programmed at the beginning of the period covered by the multi-annual financial framework of cooperation.
Programming will be based on the principles of ownership, alignment, donor coordination and harmonisation, managing for development results and mutual accountability.
Programming for this purpose shall mean:
the preparation and development of country, regional or intra-ACP strategy papers (SP) based on their own medium-term development objectives and strategies, and taking into account the principles of joint programming and division of labour among donors, which shall, to the extent possible, be a partner country or region led process;
a clear indication from the Community of the indicative programmable financial allocation from which the country, region or intra-ACP cooperation may benefit during the period covered by the multi-annual financial framework of cooperation under this Agreement as well as any other relevant information, including a possible reserve for unforeseen needs;
the preparation and adoption of an indicative programme for implementing the SP, taking into account commitments of other donors, and in particular of the EU Member States; and
a review process covering the SP, the indicative programme and the volume of resources allocated to it.
Article 2
Country strategy paper
The country strategy paper (CSP) shall be prepared by the ACP State concerned and the EU. It shall draw from prior consultation with a wide range of actors including non-State actors, local authorities and, where relevant, ACP Parliaments, and shall draw on lessons learned and best practices. Each CSP shall be adapted to the needs and respond to the specific circumstances of each ACP State. The CSP shall be an instrument to prioritise activities and to build local ownership of cooperation programmes. Any divergences between the country's own analysis and that of the Community shall be noted. The CSP shall include the following standard elements:
an analysis of the political, economic, social, and environmental country context, constraints, capacities and prospects including an assessment of basic needs, such as income per capita, population size and social indicators, and vulnerability;
a detailed outline of the country’s medium-term development strategy, clearly defined priorities and expected financing requirements;
an outline of relevant plans and actions of other donors present in the country, in particular including those of the EU Member States in their capacity as bilateral donors;
response strategies, detailing the specific contribution the EU can provide. These shall, to the extent possible, enable complementarity with operations financed by the ACP State itself and by other donors present in the country; and
an indication of the most appropriate support and implementation mechanisms to be applied in implementing the above strategies.
Article 3
Resource allocation
The indicative resource allocation among ACP countries shall be based on standard, objective and transparent needs and performance criteria. In this context:
needs shall be assessed on the basis of criteria pertaining to per capita income, population size, social indicators and level of indebtedness and vulnerability to exogenous shocks. Special treatment shall be accorded to the least developed ACP States, and the vulnerability of island and landlocked States shall duly be taken into account. In addition, account shall be taken of the particular difficulties of countries dealing with the aftermath of conflict or natural disaster; and
performance shall be assessed on the basis of criteria pertaining to governance, progress in implementing institutional reforms, country performance in the use of resources, effective implementation of current operations, poverty alleviation or reduction, progress towards achieving the Millennium Development Goals, sustainable development measures and macroeconomic and sectoral policy performance.
The allocated resources shall comprise:
a programmable allocation to cover macroeconomic support, sectoral policies, programmes and projects in support of the focal or non-focal areas of Community assistance. The programmable allocation shall facilitate the long-term programming of Community aid for the country concerned. Together with other possible Community resources, these allocations shall be the basis for the preparation of the indicative programme for the country concerned; and
an allocation to cover unforeseen needs such as those defined in Articles 66 and 68 and Articles 72, 72a and 73 of this Agreement, accessible under the conditions set out in those Articles, where such support cannot be financed from the Union’s budget.
Without prejudice to Article 5(7) of this Annex concerning reviews, the Community may, in order to take account of new needs or exceptional performance, increase a country’s programmable allocation or its allocation for unforeseen needs:
new needs may result from exceptional circumstances such as crisis and post-crisis situations or from unforeseen needs as referred to in paragraph 2(b);
exceptional performance is a situation in which, outside the mid-term and end-of-term reviews, a country’s programmable allocation is totally committed and additional funding from the national indicative programme can be absorbed against a background of effective poverty-reduction policies and sound financial management.
Article 4
Preparation and adoption of the indicative programme
Upon receipt of the information referred to above, each ACP State shall draw up and submit to the Community a draft indicative programme on the basis of and consistent with its development objectives and priorities as expressed in the CSP. The draft indicative programme shall contain:
general budget support and/or a limited number of focal sectors or areas on which support should be concentrated;
the most appropriate measures and operations for attaining the objectives and targets in the focal sector(s) or area(s);
the resources possibly reserved for a limited number of programmes and projects outside the focal sector(s) or area(s) and/or the broad outlines of such activities, as well as an indication of the resources to be deployed for each of these elements;
the types of non-State actors eligible for funding, in accordance with the criteria laid down by the Council of Ministers, the resources allocated for non-State actors and the type of activities to be supported, which must be not-for-profit;
proposals for a possible participation in regional programmes and projects; and
a possible reserve for insurance against possible claims and to cover cost increases and contingencies.
The draft indicative programme shall be the subject of an exchange of views between the ACP State concerned and the Community. The indicative programme shall be adopted by common agreement between the Commission on behalf of the Community and the ACP State concerned. It shall, when adopted, be binding on both the Community and that State. This indicative programme shall be annexed to the CSP and shall in addition contain:
an indication of specific and clearly identified operations, especially those that can be committed before the next review;
an indicative timetable for implementation and review of the indicative programme, including commitments and disbursements of resources; and
results-oriented criteria for the reviews.
Article 5
Review process
Financial cooperation between the ACP State and the Community shall be sufficiently flexible to ensure that operations are kept constantly in line with the objectives of this Agreement and to take account of any changes occurring in the economic situation, priorities and objectives of the ACP State concerned. In this context, the National Authorising Officer and the ►M4 Commission ◄ shall:
annually undertake an operational review of the indicative programme; and
undertake a mid-term and end-of-term review of the CSS and the indicative programme in the light of current needs and performance.
The National Authorising Officer and the ►M4 Commission ◄ shall:
take all necessary measures to ensure adherence to the provisions of the indicative programme, including ensuring that the timetable of commitments and disbursements agreed at the time of programming is adhered to; and
determine any causes of delay in implementation and propose suitable measures to remedy the situation.
The annual operational, mid-term and end-of-term reviews of the indicative programme shall consist of a joint assessment of the implementation of the programme and take into account the results of relevant activities of monitoring and evaluation. These reviews shall be conducted locally and shall be finalised between the National Authorising Officer and the Commission, in consultation with the appropriate stakeholders, including non-State actors, local authorities and, where relevant, ACP parliaments. They shall in particular cover an assessment of:
the results achieved in the focal sector(s) measured against the identified targets and impact indicators and sectoral policy commitments;
programmes and projects outside the focal sector(s);
the use of resources set aside for non-State actors;
the effectiveness in implementation of current operations and the extent to which the timetable for commitments and payments have been respected; and
an extension of the programming perspective for the following years.
In the light of the annual operational reviews, the National Authorising Officer and the Commission may at the mid-term and end-of-term reviews, review and adapt the CSP:
where operational reviews indicate specific problems; and/or
in the light of changed circumstances of an ACP State.
A change in the CSP may also be decided as a result of the ad hoc review process foreseen under paragraph 2.
The end-of-term review may also include adaptation for the new multi-annual financial framework of cooperation in terms of both resource allocation and preparation for the next programme.
Following the completion of the mid-term and end-of-term reviews, the Commission may, on behalf of the Community, increase or decrease the resource allocation of a country in the light of current needs and the performance of the ACP State concerned.
Following an ad hoc review as foreseen under paragraph 2, the Commission may, on behalf of the Community, also increase the resource allocation in the light of new needs or exceptional performance of the ACP State concerned, as defined in Article 3(4).
CHAPTER 2
PROGRAMMING AND PREPARATION (REGIONAL)
Article 6
Scope
two or more or all ACP States as well as any non-ACP developing countries participating in these operations, and/or
a regional body of which at least two ACP States are members, including those with members which are non-ACP countries.
Requests for financing of regional programmes shall be submitted by:
a duly mandated regional body or organisation; or
a duly mandated sub-regional body, organisation or an ACP State in the region concerned at the programming stage, provided that the operation has been identified in the regional indicative programme (RIP).
The participation of non-ACP developing countries to regional programmes shall be envisaged only to the extent that:
the centre of gravity of the projects and programmes funded under the multi-annual financial framework of cooperation remains in an ACP country;
equivalent provisions exist in the framework of the Community's financial instruments; and
the principle of proportionality is respected.
Article 7
Regional programmes
The ACP States concerned shall decide on the definition of geographical regions. To the maximum extent possible, regional integration programmes should correspond to programmes of existing regional organisations. In principle, in case the membership of several relevant regional organisations overlaps, the regional integration programme should correspond to the combined membership of these organisations.
Article 8
Regional programming
The RSP will be an instrument to prioritise activities and to build local ownership of supported programmes. The RSP shall include the following standard elements:
an analysis of the political, economic, social and environmental context of the region;
an assessment of the process and prospects of regional economic integration and integration into the world economy;
an outline of the regional strategies and priorities pursued and the expected financing requirements;
an outline of relevant activities of other external partners in regional cooperation;
an outline of the specific EU contribution towards achievement of the goals for regional integration, complementary insofar as possible to operations financed by the ACP States themselves and by other external partners, particularly the EU Member States; and
an indication of the most appropriate support and implementation mechanisms to be applied in implementing the above strategies.
Article 9
Resource allocation
The allocated resources shall comprise:
a programmable allocation to cover support to regional integration, sector policies, programmes and projects in support of the focal or non-focal areas of Community assistance; and
an allocation for each ACP region to cover unforeseen needs such as those defined in Articles 72, 72a and 73 of this Agreement where, given the cross-border nature and/or scope of the unforeseen need, such support can more effectively be provided at regional level. These funds shall be accessible under the conditions set out in Articles 72, 72a and 73 of this Agreement, where such support cannot be financed from the Union's budget. Complementarity between interventions provided for under this allocation and possible interventions at country level shall be ensured.
The programmable allocation shall facilitate the long-term programming of Community aid for the region concerned. In order to achieve an adequate scale and to increase efficiency, regional and national funds may be mixed for financing regional operations with a distinct national component.
A regional allocation for unforeseen needs may be mobilised to the benefit of the region concerned and of ACP countries outside the region where the nature of the unforeseen need requires their involvement and the centre of gravity of the projects and programmes envisaged remains on the region.
Without prejudice to Article 11 concerning reviews, the Community may, in order to take account of new needs or exceptional performance, increase a region’s programmable allocation or its allocation for unforeseen needs:
new needs are needs resulting from exceptional circumstances such as crisis and post-crisis situations or from unforeseen needs as referred to in paragraph 2(b);
exceptional performance is a situation in which, outside the mid-term and end-of-term reviews, a region’s allocation is totally committed and additional funding from the regional indicative programme can be absorbed against a background of effective regional integration and sound financial management.
Article 10
Regional indicative programme
On the basis of the resource allocation indicated above, the duly mandated regional organisation(s), and in the absence of such a mandate, the National Authorising Officers of the countries in the region, shall draw up a draft Regional Indicative Programme. In particular, the draft programme shall specify:
the focal sectors and themes of Community aid;
the most appropriate measures and operations to achieve the objectives set for those sectors and themes; and
the programmes and projects enabling those objectives to be attained, insofar as they have been clearly identified, as well as an indication of the resources to be deployed for each of these elements and a timetable for their implementation.
Article 11
Review process
In exceptional circumstances as referred to in Article 9(4), in order to take into account new needs or exceptional performance, the review can be carried out on the demand of either Party. As a result of an ad hoc review, a change in the RSP may be decided by both Parties and/or the resource allocation increased by the Commission on behalf of the Community.
The end-of-term review may also include adaptation for the new multi-annual financial framework of cooperation in terms of both resource allocation and preparation for the next regional indicative programme.
Article 12
Intra-ACP cooperation
Article 12a
Intra-ACP strategy paper
The Intra-ACP strategy paper defines the priority actions of the Intra-ACP cooperation and actions necessary to build ownership of supported programmes. It shall include the following standard elements:
an analysis of the political, economic, social and environmental context of the ACP Group of States;
an assessment of Intra-ACP cooperation as to its contribution to achieving the objectives of this Agreement and lessons learnt;
an outline of the Intra-ACP strategy and objectives pursued and the expected financing requirements;
an outline of relevant activities of other external partners in the cooperation; and
an indication of the EU contribution towards achievement of the objectives of the Intra-ACP cooperation and its complementarity to operations financed at the national and regional levels and by other external partners, particularly the EU Member States.
Article 12b
Requests for financing
Requests for financing of intra-ACP programmes shall be submitted:
directly by the ACP Council of Ministers or the ACP Committee of Ambassadors; or
indirectly by:
at least three duly mandated regional bodies or organisations belonging to different geographic regions, or at least two ACP States from each of the three regions;
international organisations, such as the African Union, carrying out operations that contribute to the objectives of regional cooperation and integration, subject to prior approval by the ACP Committee of Ambassadors; or
the Caribbean or Pacific regions, in view of their particular geographic situation, subject to prior approval by the ACP Council of Ministers or the ACP Committee of Ambassadors.
Article 12c
Resource allocation
The indicative resource allocation shall be based on the estimates of needs and the progress and prospects in the process of Intra-ACP cooperation. It shall comprise a reserve of non-programmed funds.
Article 13
Intra-ACP indicative programme
The Intra-ACP indicative programme comprises the following main standard elements:
focal sectors and themes of Community aid;
the most appropriate measures and actions for achieving the objectives set for the focal sectors and themes; and
the programmes and projects necessary to achieve the objectives identified, insofar as they have been clearly identified, as well as an indication of the resources to be allocated to each of them and an implementation timetable.
Article 14
Review process
CHAPTER 3
APPRAISAL AND FINANCING
Article 15
Identification, preparation and appraisal of programmes and projects
Article 16
Financing proposal and decision
Where the financing proposal is not adopted by the Commission on behalf of the Community, ►M10 the ACP State concerned or the relevant organisation or body at regional or intra-ACP level ◄ shall be informed immediately of the reasons for that decision. In such a case, the representatives of ►M10 the ACP State concerned or the relevant organisation or body at regional or intra-ACP level ◄ may, within 60 days thereafter, request either:
that the matter be referred to the ACP-EC Development Finance Cooperation Committee set up under this Agreement; or
that they be given a hearing by the Community's representatives.
Article 17
Financing Agreement
The financing agreement shall be drawn up within 60 days following the communication of the financing decision taken by the Commission. The financing agreement shall:
specify, in particular, the details of the Community's financial contribution, the financing arrangements and terms and the general and specific provisions relating to the programme or project concerned, including expected outcomes and results; and
make adequate provision for appropriations to cover cost increases, contingencies, audits and evaluations.
Article 18
Overrun
Article 19
Retroactive financing
CHAPTER 4
IMPLEMENTATION
Article 19a
Implementation measures
Implementation of programmes and projects financed from the multi-annual financial framework of cooperation under this Agreement shall consist chiefly of the following:
awarding of procurement contracts;
awarding of grants;
performance by direct labour;
direct payments as budgetary support, support for sectoral programmes, debt relief and support to mitigate the adverse effects resulting from short-term exogenous shocks including fluctuations of exports earnings.
In the context of this Annex, grants are direct financial contributions awarded by way of a donation in order to finance:
either an action designed to help achieve an objective of this Agreement or of a programme or project adopted in accordance with this Agreement, or
the functioning of a body which pursues such an objective.
Grants shall be covered by a written contract.
Article 19b
Tender procedure with suspension clause
In order to ensure early project start-up, ►M10 the ACP States or the relevant organisation or body at regional or intra-ACP level ◄ may, in all duly substantiated cases and in agreement with the Commission, issue invitations to tender for all types of contracts with a suspension clause, once project appraisal is completed but before the financing decision is taken. Such a provision must be mentioned in the financing proposal.
Article 19c
Awarding contracts, awarding grants and performing contracts
An expert group of representatives of the Secretariat of the ACP Group of States and the Commission shall be set up to identify, at the request of one or other of the parties, any appropriate alterations and to suggest amendments and improvements to the rules and procedures referred to in paragraphs 1 and 2.
This expert group shall also submit a periodic report to the ACP-EC Development Finance Cooperation Committee to assist it in its task of examining the problems surrounding the implementation of development cooperation activities and proposing appropriate measures.
Article 20
Eligibility
Save where a derogation is granted in accordance with Article 22, and without prejudice to Article 26:
Participation in procedures for the awarding of procurement contracts or grants financed from the multi-annual financial framework of cooperation under this Agreement shall be open to all natural persons who are nationals of, or legal persons who are effectively established in:
an ACP State, a Member State of the European Community, beneficiaries of the Instrument for pre-accession assistance of the European Community, a Member State of the European Economic Area, and overseas countries and territories covered by Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union ( 1 );
developing countries and territories, as included in the OECD-DAC list of ODA Recipients, which are not members of the G-20 group, without prejudice to the status of the Republic of South Africa, as governed by Protocol 3;
countries for which reciprocal access to external assistance has been established by the Commission in agreement with ACP countries;
Reciprocal access may be granted, for a limited period of at least one year, whenever a country grants eligibility on equal terms to entities from the Community and from countries eligible under this Article;
Member State of the OECD, in the case of contracts implemented in a Least Developed Country (LDC) or a Highly Indebted Poor Country (HIPC), as included in the OECD-DAC list of ODA Recipients published by the OECD-DAC.
▼M13 —————
Services under a contract financed from the multi-annual financial framework of cooperation under this Agreement may be provided by experts of any nationality, without prejudice to the qualitative and financial requirements set out in the Community's procurement rules.
All supplies and materials purchased under a procurement contract, or in accordance with a grant agreement, financed from the multi-annual financial framework of cooperation under this Agreement shall originate from an eligible country, as defined in this Article.
However, they may originate from any State when the amount value of the supplies and materials to be purchased is below the threshold for the use of the competitive negotiated procedure, established in accordance with paragraph 1 of Article 19C.
In this context, the definition of the concept of ‘originating products’ shall be assessed by reference to the relevant international agreements, and supplies originating in the Community shall include supplies originating in the Overseas Countries and Territories.
Participation in procedures for the awarding of procurement contracts or grants financed from the multi-annual financial framework of cooperation under this Agreement shall be open to international organisations.
Whenever the multi-annual financial framework of cooperation under this Agreement finances an operation implemented through an international organisation, participation in procedures for the awarding of procurement contracts or grants shall be open to all natural and legal persons who are eligible under paragraph 1, and to all natural and legal persons who are eligible according to the rules of the organisation, care being taken to ensure equal treatment of all donors.The same rules apply for supplies and materials.
Whenever the multi-annual financial framework of cooperation under this Agreement finances an operation implemented as part of a regional initiative, participation in procedures for the awarding of procurement contracts or grants shall be open to all natural and legal persons who are eligible under paragraph 1, and to all natural and legal persons from a country participating in the relevant initiative. The same rules apply for supplies and materials.
Whenever the multi-annual financial framework of cooperation under this Agreement finances an operation jointly co-financed with a partner or other donor or implemented through any Trust Fund established by the Commission, participation in procedures for the awarding of procurement contracts or grants shall be open to all natural and legal persons who are eligible under paragraph 1 and to all natural and legal persons eligible under the rules of that partner, other donor or under the rules determined in the Trust Fund constitutive act.
In the case of actions implemented through entrusted bodies, which are Member States or their agencies, the European Investment Bank or through international organisations or their agencies, natural and legal persons who are eligible under the rules of that entrusted body, as identified in the agreements concluded with the co-financing or implementing body shall also be eligible. The same rules apply for supplies and materials.
Whenever the multi-annual financial framework of cooperation under this Agreement finances an operation co-financed under another EU financial Instrument, participation in procedures for the awarding of procurement contracts or grants shall be open to all natural and legal persons who are eligible under paragraph 1, and to all natural and legal persons eligible under any of these Instruments. The same rules apply for supplies and materials.
Eligibility as defined in this Article may be restricted with regard to the nationality, localisation or nature of applicants where required by the nature and the objectives of the action and as necessary for its effective implementation.
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Article 22
Derogations
Tenderers, applicants and candidates from third countries not eligible under Article 20 may be authorised to participate in procedures for the awarding of procurement contracts or grants financed by the Community from the multiannual financial framework of cooperation under this Agreement or supplies and materials from non-eligible origin may be accepted as eligible at the justified request of the ACP States or the relevant organisation or body at regional or intra-ACP level in the case of:
countries having traditional economic, trade or geographical links with neighbouring beneficiary countries, or
urgency or unavailability of products and services in the markets of the countries concerned, or other duly substantiated cases where the eligibility rules would make the realisation of a project, a programme or an action impossible or exceedingly difficult.
The ACP State or the relevant organisation or body at regional or intra-ACP level shall, on each occasion, provide the Commission with the information needed to decide on such derogation.
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Article 24
Implementation by direct labour
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Article 26
Preferences
Measures shall be taken to encourage the widest participation of the natural and legal persons of ACP States in the performance of contracts financed by the multi-annual financial framework of cooperation under this Agreement in order to permit the optimisation of the physical and human resources of those States. To this end:
for works contracts of a value of less than EUR 5 000 000 , tenderers of the ACP States, provided that at least one quarter of the capital stock and management staff originates from one or more ACP States, shall be accorded a 10 % price preference during the financial evaluation;
for supply contracts of a value of less than EUR 300 000 , tenderers of the ACP States, either individually or in a consortium with European partners, shall be accorded a 15 % price preference during the financial evaluation;
in respect of service contracts other than the European Commission's Framework contracts, when technical offers are evaluated, a preference shall be given to tenders submitted by legal or natural persons of ACP States, either individually or in a consortium among them;
where subcontracting is envisaged, preference shall be given by the successful tenderer to natural persons, companies and firms of ACP States capable of performing the contract required on similar terms; and
the ACP State may, in the invitation to tender, offer prospective tenderers assistance from other ACP States' companies or firms or national experts or consultants selected by mutual agreement. This cooperation may take the form either of a joint venture, or of a subcontract or of on-the-job training of trainees.
Without prejudice to the provisions in paragraph 1, where two tenders for works, supplies or service contracts are acknowledged to be equivalent, preference shall be given:
to the tenderer of an ACP State; or
if no such tender is forthcoming, to the tenderer who:
allows for the best possible use of the physical and human resources of the ACP States;
offers the greatest subcontracting possibilities for ACP companies, firms or natural persons; or
is a consortium of natural persons, companies and firms from ACP States and the Community.
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Article 30
Settlement of disputes
Any dispute arising between the authorities of an ACP State or the relevant organisation or body at regional or intra-ACP level and a contractor, supplier or provider of services during the performance of a contract financed by the multi-annual financial framework of cooperation under this Agreement shall:
in the case of a national contract, be settled in accordance with the national legislation of the ACP State concerned; and
in the case of a transnational contract be settled either:
if the Parties to the contract so agree, in accordance with the national legislation of the ACP State concerned or its established international practices; or
by arbitration in accordance with the procedural rules which will be adopted by decision of the Council of Ministers at the first meeting following the signing of this Agreement, upon the recommendation of the ACP-EC Development Finance Cooperation Committee.
Article 31
Tax and customs arrangements
Subject to the above provisions the following shall apply to contracts financed by the Community:
the contract shall not be subject in the beneficiary ACP State to stamp or registration duties or to fiscal charges having equivalent effect, whether such charges already exist or are to be instituted in the future; however, such contracts shall be registered in accordance with the laws in force in the ACP State and a fee corresponding to the service rendered may be charged for it;
profits and/or income arising from the performance of contracts shall be taxable according to the internal fiscal arrangements of the ACP State concerned, provided that the natural or legal persons who realise such profit and/or income have a permanent place of business in that State, or that the performance of the contract takes longer than six months;
enterprises which must import professional equipment in order to carry out works contracts shall, if they so request, benefit from the system of temporary admission as laid down by the national legislation of the beneficiary ACP State in respect of the said equipment;
professional equipment necessary for carrying out tasks defined in a service contract shall be temporarily admitted into the beneficiary ACP State or States in accordance with its national legislation free of fiscal, import and customs duties and of other charges having equivalent effect where these duties and charges do not constitute remuneration for services rendered;
imports under supply contracts shall be admitted into the beneficiary ACP State without customs duties, import duties, taxes or fiscal charges having equivalent effect. The contract for supplies originating in the ACP State concerned shall be concluded on the basis of the ex-works price of the supplies to which may be added such internal fiscal charges as may be applicable to those supplies in the ACP State;
fuels, lubricants and hydrocarbon binders and, in general, all materials used in the performance of works contracts shall be deemed to have been purchased on the local market and shall be subject to fiscal rules applicable under the national legislation in force in the beneficiary ACP State; and
personal and household effects imported for use by natural persons, other than those recruited locally, engaged in carrying out tasks defined in a service contract and members of their families, shall be exempt from customs or import duties, taxes and other fiscal charges having equivalent effect, within the limit of the national legislation in force in the beneficiary ACP State.
CHAPTER 5
MONITORING AND EVALUATION
Article 32
Objectives
The objective of monitoring and evaluation shall consist in the regular assessment of development operations (preparation, implementation and subsequent operation) with a view to improving the development effectiveness of on-going and future operations.
Article 33
Modalities
Monitoring and evaluation activities shall notably:
provide regular and independent assessments of the operations and activities funded from the multi-annual financial framework of cooperation under this agreement by comparing results with objectives; and thereby
enable the ACP States or the relevant organisation or body at regional or intra-ACP level and the Commission and the joint institutions, to feed the lessons of experience back into the design and execution of future policies and operations.
CHAPTER 6
FUND-RESOURCE MANAGEMENT AND EXECUTING AGENTS
Article 34
The Commission
The Commission shall undertake the financial execution of operations carried out with resources from the multi-annual financial framework of cooperation under this Agreement, with the exception of the Investment Facility and interest rate subsidies, using the following main methods of management:
centralised management;
decentralised management.
As a general rule, the financial execution of the resources from the multi-annual financial framework of cooperation under this agreement by the Commission shall be decentralised.
In this instance, the execution duties shall be carried out by the ACP States in accordance with Article 35.
Article 35
National Authorising Officer
The Government of each ACP State shall appoint a National Authorising Officer to represent it in all operations financed from the resources from the multi-annual financial framework of cooperation under this Agreement managed by the Commission and the Bank. The National Authorising Officer shall appoint one or more deputy National Authorising Officers to replace him when he is unable to carry out his duties and shall inform the Commission of this appointment. Wherever the conditions regarding institutional capacity and sound financial management are met, the National Authorising Officer may delegate his functions for implementation of the programmes and projects concerned to the body responsible within the national administration. The National Authorising Officer shall inform the Commission of any such delegation.
In the case of regional programmes and projects, the relevant organisation or body shall designate a Regional Authorising Officer whose duties correspond, mutatis mutandis, to those of the National Authorising Officer.
In the case of Intra-ACP programmes and projects, the ACP Committee of Ambassadors shall designate an Intra-ACP Authorising Officer, whose duties correspond, mutatis mutandis, to those of the National Authorising Officer. In the event that the ACP Secretariat is not the Authorising Officer, the Committee of Ambassadors shall be informed in conformity with the financing agreement of the implementation of programmes and projects.
When the Commission becomes aware of problems in carrying out procedures relating to management of resources from the multi-annual financial framework of cooperation under this Agreement, it shall, in conjunction with the relevant Authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps.
The relevant Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him.
Where resources from the multi-annual financial framework of cooperation under this agreement are managed in a decentralised way and subject to any additional powers that might be granted by the Commission, the relevant Authorising Officer shall:
be responsible for the coordination, programming, regular monitoring and annual, mid-term and end-of-term reviews of implementation of cooperation, and for coordination with donors;
in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects;
prepare tender dossiers and, where appropriate, the documents for calls for proposals;
submit tender dossiers and, where appropriate, documents for calls for proposals, to the Commission for approval before launching invitations to tender and, where appropriate, calls for proposals;
in close cooperation with the Commission, launch invitations to tender and, where appropriate, calls for proposals;
receive tenders and, if applicable, proposals, and transmit copies of tenders to the Commission; preside over the opening of tenders and decide on the results of their examination within the period of validity of the tenders, taking account of the time required for approval of contracts;
invite the Commission to the opening of tenders and, if applicable, proposals and notify the Commission of the results of the examination of tenders and proposals for approval of the proposals for the award of contracts and grants;
submit contracts and programme estimates and any addenda thereto to the Commission for approval;
sign the contracts and addenda thereto approved by the Commission;
clear and authorise expenditure within the limits of the funds assigned to him; and
during the execution operations, make any adaptation arrangements necessary to ensure the proper execution of approved programmes or projects from the economic and technical viewpoint.
The ►M10 relevant Authorising Officer ◄ shall, during the execution of operations and subject to the requirement to inform the Commission, decide on:
technical adjustments and alterations to programmes and projects in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments provided for in the financing agreement;
changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds;
imposition or remission of penalties for delay;
acts discharging guarantors;
purchase of goods, irrespective of their origin, on the local market;
use of construction equipment and machinery not originating in the Member States or ACP States provided there is no production of comparable equipment and machinery in the Member States or ACP States;
subcontracting;
final acceptance, provided that the Commission is present at provisional acceptance, endorses the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and
hiring of consultants and other technical assistance experts.
Article 36
Head of Delegation
Article 37
Payments
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ANNEX VI
LIST OF LDLICS
The following lists comprise ACP least-developed, landlocked and Island States:
LEAST-DEVELOPED ACP STATES
Article 1
Under this Agreement, the following countries shall be considered least-developed ACP States:
LANDLOCKED ACP STATES
Article 2
Specific measures and provisions have been made to support landlocked ACP States in their efforts to overcome the geographical difficulties and the other obstacles hampering their development so as to enable them to speed up their respective rates of growth.
Article 3
The landlocked ACP States are:
ISLAND ACP STATES
Article 4
Specific measures and provisions have been made to support island ACP States in their efforts to overcome the natural and geographical difficulties and the other obstacles hampering their development so as to enable them to speed up their respective rates of growth.
Article 5
List of island ACP States:
ANNEX VII
Political dialogue as regards human rights, democratic principles and the rule of law
Article 1
Objectives
Article 2
Intensified Political Dialogue preceding consultations under Article 96 of the Agreement
Article 3
Additional rules on consultation under Article 96 of the Agreement
PROTOCOLS
PROTOCOL 1
On the operating expenditure of the Joint Institutions
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1. |
The Member States and the Community, on the one hand, and the ACP States, on the other, shall be responsible for such expenditure as they shall incur by reason of their participation in the meetings of the Council of Ministers and its dependent bodies, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenses. Expenditure in connection with interpreting at meetings, translation and reproduction of documents, and the practical arrangements for meetings (such as premises, equipment and messengers) of the joint institutions of the present Agreement shall be borne by the Community or by one of the ACP States, according to whether the meetings take place in the territory of a Member State or in that of an ACP State. |
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2. |
The arbitrators appointed in accordance with Article 98 of the Agreement shall be entitled to a refund of their travel and subsistence expenditure. The latter shall be determined by the Council of Ministers. One half of travel and subsistence expenditure incurred by the arbitrators shall be borne by the Community and the other half by the ACP States. Expenditure relating to any registry set up by the arbitrators, to preparatory inquiries into disputes, and to the organisation of hearings (such as premises, personnel and interpreting) shall be borne by the Community. Expenditure relating to special inquiries shall be settled together with the other costs and the Parties shall deposit advances as determined by an order of the arbitrators. |
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3. |
The ACP States shall set up a Fund, which will be managed by their General Secretariat, for the purpose of contributing to the financing of the expenses incurred by ACP participants at meetings of the Joint Parliamentary Assembly and the Council of Ministers. The ACP States shall contribute to this Fund. With the aim of encouraging the active participation of all ACP States in the dialogue conducted within the ACP-EC institutions, the Community shall make a contribution to this Fund as provided for in the Financial Protocol (EUR 4 million according to the First Financial Protocol). To be eligible for the Fund expenses must comply with the following conditions as well as those laid down in paragraph 1:
—
They must be incurred by parliamentarians or, in their absence, other such ACP representatives travelling from the country they represent in order to take part in sessions of the Joint Parliamentary Assembly, meetings of working parties or missions under their aegis, or as a result of the participation of these same representatives and representatives of ACP civil society and economic and social operators in consultation meetings held under Articles 15 and 17 of the Agreement.
—
Decisions on the nature, organisation, frequency and location of meetings, missions and working groups must be taken in accordance with the rules of procedure of the Council of Ministers and the Joint Parliamentary Assembly.
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4. |
Consultation meetings and meetings of ACP-EU economic and social operators shall be0 organised by the Economic and Social Committee of the European Union. In this specific instance, the Community's contribution to cover the participation of ACP economic and social operators shall be paid directly to the Economic and Social Committee. The ACP Secretariat, the Council of Ministers and the Joint Parliamentary Assembly may, in agreement with the Commission, delegate the organisation of consultation meetings of ACP civil society to representative organisations approved by the Parties. |
PROTOCOL 2
On privileges and immunities
THE PARTIES
DESIRING, by the conclusion of a Protocol on privileges and immunities, to facilitate the smooth functioning of the Agreement, the preparation of its work and implementation of the measures adopted for its application;
WHEREAS it is therefore necessary to specify the privileges and immunities which may be claimed by persons participating in work relating to the application of the Agreement and to the arrangements applicable to official communications connected with such work, without prejudice to the provisions of the Protocol on the privileges and immunities of the European Communities, signed in Brussels on 8 April 1965;
WHEREAS it is also necessary to lay down the treatment to be accorded to the property, funds and assets of the Council of ACP Ministers, and its staff;
WHEREAS the Georgetown Agreement of 6 June 1975 constituted the ACP Group of States and instituted a Council of ACP Ministers, and a Committee of Ambassadors; whereas the organs of the ACP Group of States are to be serviced by the Secretariat of the ACP States;
HAVE AGREED upon the following provisions, which shall be annexed to the Agreement:
CHAPTER 1
PERSONS TAKING PART IN THE WORK OF THE AGREEMENT
Article 1
The representatives of the Governments of the Member States and of the ACP States and the Representatives of the Institutions of the European Communities, and also their advisers and experts and the members of the staff of the Secretariat of the ACP States taking part, in the territory of the Member States or of the ACP States, in the work either of the institutions of the Agreement or of the coordinating bodies, or in work connected with the application of the Agreement, shall enjoy the customary privileges, immunities and facilities while carrying out their duties and while travelling to or from the place at which they are required to carry out such duties.
The preceding paragraph shall also apply to members of the Joint Parliamentary Assembly of the Agreement, to the arbitrators who may be appointed under the Agreement, to members of the consultative bodies of the economic and social sectors which may be set up, to the officials and employees of these institutions, and also to the members of the agencies of the European Investment Bank and its staff, and to the staff of the Centre for the Development of Enterprise and the Centre for the Development of Agriculture.
CHAPTER 2
PROPERTY, FUNDS AND ASSETS OF THE COUNCIL OF ACP MINISTERS
Article 2
The premises and buildings occupied by the Council of ACP Ministers for official purposes shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation.
Except when required for the purposes of investigating an accident caused by a motor vehicle belonging to the said Council or being used on its account, or in the event of an infringement of road traffic regulations or of an accident caused by such a vehicle, the property and assets of the Council of ACP Ministers shall not be the subject of any administrative or legal measures of constraints without the authorisation of the Council of Ministers set up under the Agreement.
Article 3
The archives of the Council of ACP Ministers shall be inviolable.
Article 4
The Council of ACP Ministers, its assets, income and other property shall be exempt from all direct taxes.
The host State shall, wherever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of movable or immovable property, where the Council of ACP Ministers makes, strictly for its official use, substantial purchases, the price of which includes taxes of this kind.
No exemption shall be granted in respect of taxes, charges, duties or fees which represent charges for services rendered.
Article 5
The Council of ACP Ministers shall be exempt from all customs duties, prohibitions and restrictions on imports in respect of articles intended for its official use; articles so imported may not be sold or otherwise disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the Government or that country.
CHAPTER 3
OFFICIAL COMMUNICATIONS
Article 6
For their official communications and the transmission of all their documents, the European Community, the institutions of the Agreement and the coordinating bodies shall enjoy in the territory of the States party to the Agreement the treatment accorded to international organisations.
Official correspondence and other official communications of the European Community, the joint institutions of the Agreement and the coordinating bodies shall not be subject to censorship.
CHAPTER 4
STAFF OF THE SECRETARIAT OF THE ACP STATES
Article 7
The above provision shall not apply either to pensions paid the ACP Secretariat to its former staff members or their dependants, or to salaries, emoluments or allowances paid to its local staff.
Article 8
The State in which the Council of ACP Ministers is established shall grant immunity from legal proceedings to permanent members of the staff of the Secretariat of the ACP States, apart from those referred to in paragraph 1 of Article 7, only in respect of acts done by them in the performance of their official duties. Such immunity shall not, however, apply to infringements of road traffic regulations by a permanent member of the staff of the Secretariat of the ACP States or to damage caused by a motor vehicle belonging to, or driven by, him or her.
Article 9
The names, positions and addresses of the Chairman-in-Office of the Committee of ACP Ambassadors, the Secretary or Secretaries and Deputy Secretary or Deputy Secretaries of the Council of ACP Ministers and of the permanent members of the staff of the Secretariat of the ACP States shall be communicated periodically by the President of the Council of ACP Ministers to the Government of the State in whose territory the Council of ACP Ministers is established.
CHAPTER 5
COMMISSION DELEGATIONS IN THE ACP STATES
Article 10
CHAPTER 6
GENERAL PROVISIONS
Article 11
The privileges, immunities and facilities provided for in this Protocol shall be accorded to those concerned solely in the interests of the proper execution of their official duties.
Each institution or body referred to in this Protocol shall be required to waive immunity wherever its consider that the waiver of such immunity is not contrary to its own interests.
Article 12
Article 98 of the Agreement shall apply to disputes relating to this Protocol.
The Council of ACP Ministers and the European Investment Bank may be party to proceedings during an arbitration procedure.
PROTOCOL 3
On South Africa
Article 1
Qualified Status
Article 2
General Provisions, Political Dialogue and Joint Institutions
Article 3
Cooperation Strategies
The provisions on cooperation strategies of this Agreement shall apply to cooperation between the Community and South Africa.
Article 4
Financial Resources
Article 5
Trade Cooperation
Article 6
Applicability of Protocols and Declarations
The protocols and declarations annexed to this Agreement that relate to parts of the Agreement that are not applicable to South Africa, shall not apply to South Africa. All other declarations and protocols shall apply.
Article 7
Revision Clause
This Protocol may be revised by decision of the Council of Ministers.
Article 8
Applicability
Without prejudice to the previous Articles, the table hereunder sets out those Articles of the Agreement and its Annexes which shall apply to South Africa and those which shall not apply.
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Applicable |
Remarks |
Not applicable |
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Preamble |
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Part I, Title I, Chapter 1: ‘Objectives, principles and actors’ (Articles 1 to 7) |
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Part I, Title II, ‘The political dimension’; Articles 8 to 13 |
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Part 2, ‘Institutional provisions’; Articles 14 to 17 |
In accordance with Article 1 of this protocol, South Africa shall not have voting rights in any of the joint institutions or bodies in areas of the Agreement which are not applicable to South Africa. |
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Part 3, Title I, ‘Development strategies’. |
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|
In accordance with Article 5 above, South Africa shall be associated as an observer in the dialogue between the Parties pursuant to Articles 34 to 40. |
Part 3, Title II, Economic and Trade Cooperation. |
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Article 75(i) (Investment promotion, support for the ACP-EU private sector dialogue on regional level), Article 78 (Investment protection) |
In accordance with Article 4 above, South Africa shall have the right to participate in certain areas of development finance cooperation on the understanding that such participation will be fully financed from the resources provided for under Title VII of the TDCA. In accordance with Article 2 above, South Africa may participate in the ACP-EC Development Finance Cooperation Committee provided for in Article 83, without enjoying voting rights in relation to provisions that do not apply to South Africa. |
Part 4, Development Finance Cooperation |
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Part 5, General Provisions for the Least Developed, Landlocked and Island ACP States, Articles 84 to 90 |
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Part 6, Final Provisions, Articles 91 to 100 |
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Annex I (Financial Protocol) |
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Annex II, Terms and conditions of Financing, Chapter 5 (link to Article 78 / investment protection) |
In accordance with Article 4 above, South Africa shall have the right to participate in certain areas of development finance cooperation on the understanding that South Africa's participation will be fully financed from the resources provided for under Title VII of the TDCA. |
Annex II, Terms and conditions of Financing, Chapters 1, 2, 3 and 4 |
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Annex III, Institutional Support (CDE and CTA) |
In accordance with Article 4 above, South Africa shall have the right to participate in certain areas of development finance cooperation on the understanding that South Africa's participation will be fully financed from the resources provided for under Title VII of the TDCA. |
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Annex IV, Implementation and Management Procedures: Articles 6 to 14 (Regional cooperation) Articles 20 to 32 (Competition and preference) |
In accordance with Article 4 above, where resources from the TDCA are deployed for participation activities in the framework of ACP-EC financial cooperation, South Africa will enjoy the right to fully participate in the decision-making procedures governing implementation of such aid. South African natural and legal persons will moreover be eligible for participation in tenders for contracts financed from the financial resources of the Agreement. In this context, South African tenderers will not enjoy the preferences provided for tenderers from the ACP States. |
Annex IV, Articles 1 to 5 (national programming); 15 to 19 (provisions relating to the project cycle), 27 (preference to ACP contractors) and 34 to 38 (Executing agents) |
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Annex V / trade regime during the preparatory period. |
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Annex VI; List of Least Developed, island and landlocked ACP States. |
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FINAL ACT
The Plenipotentiaries of:
HIS MAJESTY THE KING OF THE BELGIANS,
THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
THE PRESIDENT OF THE CZECH REPUBLIC,
HER MAJESTY THE QUEEN OF DENMARK,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,
THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE HELLENIC REPUBLIC,
HIS MAJESTY THE KING OF SPAIN,
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF CYPRUS,
THE PRESIDENT OF THE REPUBLIC OF LATVIA,
THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,
THE PRESIDENT OF THE REPUBLIC OF HUNGARY,
THE PRESIDENT OF MALTA,
HER MAJESTY THE QUEEN OF THE NETHERLANDS,
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,
THE PRESIDENT OF THE REPUBLIC OF POLAND,
THE PRESIDENT OF THE PORTUGUESE REPUBLIC,
THE PRESIDENT OF ROMANIA,
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
THE PRESIDENT OF THE SLOVAK REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF FINLAND,
THE GOVERNMENT OF THE KINGDOM OF SWEDEN,
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as ‘the Member States’,
and of THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’,
of the one part, and
the Plenipotentiaries of:
THE PRESIDENT OF THE REPUBLIC OF ANGOLA,
HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA,
THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS,
THE HEAD OF STATE OF BARBADOS,
HER MAJESTY THE QUEEN OF BELIZE,
THE PRESIDENT OF THE REPUBLIC OF BENIN,
THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,
THE PRESIDENT OF BURKINA FASO,
THE PRESIDENT OF THE REPUBLIC OF BURUNDI,
THE PRESIDENT OF THE REPUBLIC OF CAMEROON,
THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE,
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC,
THE PRESIDENT OF THE UNION OF THE COMOROS,
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO,
THE PRESIDENT OF THE REPUBLIC OF CONGO,
THE GOVERNMENT OF THE COOK ISLANDS,
THE PRESIDENT OF THE REPUBLIC OF CÔTE D’IVOIRE,
THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI,
THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA,
THE PRESIDENT OF THE DOMINICAN REPUBLIC,
THE PRESIDENT OF THE STATE OF ERITREA,
THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA,
THE PRESIDENT OF THE REPUBLIC OF THE FIJI ISLANDS,
THE PRESIDENT OF THE GABONESE REPUBLIC,
THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE GAMBIA,
THE PRESIDENT OF THE REPUBLIC OF GHANA,
HER MAJESTY THE QUEEN OF GRENADA,
THE PRESIDENT OF THE REPUBLIC OF GUINEA,
THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU,
THE PRESIDENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA,
THE PRESIDENT OF THE REPUBLIC OF HAITI,
THE HEAD OF STATE OF JAMAICA,
THE PRESIDENT OF THE REPUBLIC OF KENYA,
THE PRESIDENT OF THE REPUBLIC OF KIRIBATI,
HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,
THE PRESIDENT OF THE REPUBLIC OF LIBERIA,
THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,
THE PRESIDENT OF THE REPUBLIC OF MALAWI,
THE PRESIDENT OF THE REPUBLIC OF MALI,
THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS,
THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,
THE PRESIDENT OF THE REPUBLIC OF MAURITIUS,
THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA,
THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,
THE PRESIDENT OF THE REPUBLIC OF NAMIBIA,
THE GOVERNMENT OF THE REPUBLIC OF NAURU,
THE PRESIDENT OF THE REPUBLIC OF NIGER,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,
THE GOVERNMENT OF NIUE,
THE GOVERNMENT OF THE REPUBLIC OF PALAU,
HER MAJESTY THE QUEEN OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA,
THE PRESIDENT OF THE REPUBLIC OF RWANDA,
HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS,
HER MAJESTY THE QUEEN OF SAINT LUCIA,
HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES,
THE HEAD OF STATE OF THE INDEPENDENT STATE OF SAMOA,
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE,
THE PRESIDENT OF THE REPUBLIC OF SENEGAL,
THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,
THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE,
HER MAJESTY THE QUEEN OF SOLOMON ISLANDS,
THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,
THE PRESIDENT OF THE REPUBLIC OF SURINAME,
HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND,
THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA,
THE PRESIDENT OF THE REPUBLIC OF CHAD,
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE,
THE PRESIDENT OF THE TOGOLESE REPUBLIC,
HIS MAJESTY THE KING OF TONGA,
THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO,
HER MAJESTY THE QUEEN OF TUVALU,
THE PRESIDENT OF THE REPUBLIC OF UGANDA,
THE GOVERNMENT OF THE REPUBLIC OF VANUATU,
THE PRESIDENT OF THE REPUBLIC OF ZAMBIA,
THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE,
which States are hereinafter referred to as ‘ACP States’,
of the other part,
meeting in Ouagadougou on the twenty-second day of June in the year two thousand and ten for the signature of the Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005.
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Annex I |
Financial Protocol |
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Annex II |
Terms and Conditions of Financing |
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Annex III |
Institutional Support |
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Annex IV |
Implementation and management procedures |
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Annex V |
Trade regime applicable during the preparatory period referred to in Article 37(1) |
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Annex VI |
List of LDLICs |
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Protocol 1 |
on operating expenditure of the joint institutions |
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Protocol 2 |
on privileges and immunities |
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Protocol 3 |
on South Africa |
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Declaration I: |
Joint Declaration on Support for Market Access in the ACP-EC Partnership; |
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Declaration II: |
Joint Declaration on Migration and Development (Article 13); |
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Declaration III: |
European Union Declaration on Institutional Changes Resulting From the Entry into Force of the Treaty of Lisbon; |
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Declaration IV |
Community Declaration on the financing of the ACP Secretariat |
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Declaration V |
Community Declaration on the financing of the joint institutions |
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Declaration VI |
Community Declaration relating to the Protocol on privileges and immunities |
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Declaration VII |
Declaration by the Member States relating to the Protocol on privileges and immunities |
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Declaration VIII |
Joint Declaration relating to the Protocol on privileges and immunities |
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Declaration IX |
Joint Declaration on Article 49(2) on trade and environment |
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Declaration X |
ACP Declaration on trade and environment |
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Declaration XI |
Joint Declaration on the ACP cultural heritage |
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Declaration XII |
Declaration by the ACP States on return or restitution of cultural property |
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Declaration XIII |
Joint Declaration on copyright |
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Declaration XIV |
Joint Declaration on regional cooperation and the outermost regions (Article 28) |
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Declaration XV |
Joint Declaration on accession |
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Declaration XVI |
Joint Declaration on accession of the overseas countries and territories referred to in Part Four of the EC Treaty |
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Declaration XVII |
Joint Declaration on Article 66 (debt relief) of the Agreement |
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Declaration XVIII |
EU Declaration on the Financial Protocol |
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Declaration XIX |
Declaration by the Council and the Commission on the Programming Process |
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Declaration XX |
Joint Declaration on the impact of Export Revenue Fluctuations on Vulnerable Small, Island and Landlocked ACP States |
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Declaration XXI |
Community Declaration on Article 3 of Annex IV |
Hecho en Cotonú, el veintitrés de junio del año dos mil.
Udfærdiget i Cotonou den treogtyvende juni to tusind.
Geschehen zu Cotonou am dreiundzwanzigsten Juni zweitausend.
Έγινε στην Κοτονού, στις είκοσι τρεις Ιουνίου δύο χιλιάδες.
Done at Cotonou on the twenty-third day of June in the year two thousand.
Fait à Cotonou, le vingt-trois juin deux mille.
Fatto a Cotonou, addì ventitré giugno duemila.
Gedaan te Cotonou, de drieëntwintigste juni tweeduizend.
Feito em Cotonu, em vinte e três de Junho de dois mil.
Tehty Cotonoussa kahdentenakymmenentenäkolmantena päivänä kesäkuuta vuonna kaksituhatta.
Som skedde i Cotonou den tjugotredje juni tjugohundra.
Pour Sa Majesté le Roi des Belges
Voor Zijne Majesteit de Koning der Belgen
Für Seine Majestät den König der Belgier
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
For Hendes Majestæt Danmarks Dronning
Für den Präsidenten der Bundesrepublik Deutschland
Για τον Πρόεδρο της Ελληνικής Δημοκρατίας
Por Su Majestad el Rey de España
Pour le Président de la République française
Thar ceann Uachtarán na hÉireann
For the President of Ireland
Per il Presidente della Repubblica italiana
Pour Son Altesse Royale le Grand-Duc de Luxembourg
Voor Hare Majesteit de Koningin der Nederlanden
Für den Bundespräsidenten der Republik Österreich
Pelo Presidente da República Portuguesa
Suomen Tasavallan Presidentin puolesta
För Republiken Finlands President
På svenska regeringens vägnar
For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland
Por la Comunidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Pour le Président de la République d'Angola
For Her Majesty the Queen of Antigua and Barbuda
For the Head of State of the Commonwealth of the Bahamas
For the Head of State of Barbados
For the Government of Belize
Pour le Président de la République du Bénin
For the President of the Republic of Botswana
Pour le Président du Burkina Faso
Pour le Président de la République du Burundi
Pour le Président de la République du Cameroun
Pour le Président de la République du Cap-Vert
Pour le Président de la République Centrafricaine
Pour le Président de la République Fédérale Islamique des Comores
Pour le Président de la République démocratique du Congo
Pour le Président de la République du Congo
For the Government of the Cook Islands
Pour le Président de la République de Côte d'Ivoire
Pour le Président de la République de Djibouti
For the Government of the Commonwealth of Dominica
For the President of the Dominican Republic
For the President of the State of Eritrea
For the President of the Federal Republic of Ethiopia
For the President of the Sovereign Democratic Republic of Fiji
Pour le Président de la République gabonaise
For the President and Head of State of the Republic of The Gambia
For the President of the Republic of Ghana
For Her Majesty the Queen of Grenada
Pour le Président de la République de Guinée
Pour le Président de la République de Guinée-Bissau
Pour le Président de la République de Guinée équatoriale
For the President of the Republic of Guyana
Pour le Président de la République d'Haïti
For the Head of State of Jamaica
For the President of the Republic of Kenya
For the President of the Republic of Kiribati
For His Majesty the King of the Kingdom of Lesotho
For the President of the Republic of Liberia
Pour le Président de la République de Madagascar
For the President of the Republic of Malawi
Pour le Président de la République du Mali
For the Government of the Republic of the Marshall Islands
Pour le Président de la République Islamique de Mauritanie
For the President of the Republic of Mauritius
For the Government of the Federated States of Micronesia
Pour le Président de la République du Mozambique
For the President of the Republic of Namibia
For the Government of the Republic of Nauru
Pour le Président de la République du Niger
For the President of the Federal Republic of Nigeria
For the Government of Niue
For the Government of the Republic of Palau
For Her Majesty the Queen of the Independent State of Papua New Guinea
Pour le Président de la République Rwandaise
For Her Majesty the Queen of Saint Kitts and Nevis
For Her Majesty the Queen of Saint Lucia
For Her Majesty the Queen of Saint Vincent and the Grenadines
For the Head of State of the Independent State of Samoa
Pour le Président de la République démocratique de São Tomé et Príncipe
Pour le Président de la République du Sénégal
Pour le Président de la République des Seychelles
For the President of the Republic of Sierra Leone
For Her Majesty the Queen of the Solomon Islands
For the President of the Republic of South Africa
For the President of the Republic of the Sudan
For the President of the Republic of Suriname
For His Majesty the King of the Kingdom of Swaziland
For the President of the United Republic of Tanzania
Pour le Président de la République du Tchad
Pour le Président de la République togolaise
For His Majesty King Taufa'ahau Tupou IV of Tonga
For the President of the Republic of Trinidad and Tobago
For Her Majesty the Queen of Tuvalu
For the President of the Republic of Uganda
For the Government of the Republic of Vanuatu
For the President of the Republic of Zambia
For the Government of the Republic of Zimbabwe
DECLARATION I
Joint declaration on support for market access in the ACP-EC partnership
The Parties recognise the significant value of preferential market access conditions to ACP economies, specifically for the commodity and other agro-industry sectors which are of critical importance to the economic and social development of the ACP States and constitute a major contribution to employment, export earnings and Government revenue.
The Parties acknowledge that some sectors have been undergoing, with EU support, a process of transformation aimed at allowing ACP exporters concerned to compete in the EU and the international markets, including through the development of branded and other value added products.
They also recognise that additional support could be necessary where greater liberalisation of trade may lead to deeper alteration of market access conditions for ACP producers. To that end, they agree to examine all necessary measures in order to maintain the competitive position of the ACP States in the EU market. Such examination may include rules of origin, sanitary and phytosanitary measures and implementation of specific measures addressing supply side constraints in the ACP States. The objective will be to enable ACP States to exploit their existing and potential comparative advantage in the EU market.
When assistance programmes are developed and resources provided, the Parties agree to conduct periodic evaluations to assess progress and the results attained and decide on appropriate additional measures to be implemented.
The Joint Ministerial Trade Committee shall monitor the implementation of this Declaration and make appropriate reports and recommendations to the Council of Ministers.
DECLARATION II
Joint declaration on migration and development (Article 13)
The Parties agree to strengthen and deepen their dialogue and cooperation in the area of migration, building on the following three pillars of a comprehensive and balanced approach to migration:
Migration and Development, including issues relating to diasporas, brain drain and remittances;
Legal migration including admission, mobility and movement of skills and services; and
Illegal migration, including smuggling and trafficking of human beings and border management, as well as readmission.
Without prejudice to the current Article 13, the Parties undertake to work out the details of this enhanced cooperation in the area of migration.
They further agree to work towards the timely completion of this dialogue and to report about the progress made to the next ACP-EC Council.
DECLARATION III
European Union declaration on institutional changes resulting from the entry into force of the Treaty of Lisbon
As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to ‘the European Community’ in the text of the Agreement are, where appropriate, to be read as ‘the European Union’.
The European Union will propose to the ACP States an Exchange of Letters with the aim of bringing the Agreement into conformity with the institutional changes in the European Union resulting from the entry into force of the Treaty of Lisbon.
DECLARATION IV
Community Declaration on the financing of the ACP Secretariat
The Community shall contribute to the cost of running the ACP Secretariat from intra-ACP cooperation resources.
DECLARATION V
Community Declaration on the financing of the joint institutions
The Community, being aware that expenditure in connection with interpreting at meetings and the translation of documents is expenditure incurred essentially for its own requirements, is prepared to continue past practice and meet this expenditure both for meetings of the institutions of the Agreement which take place in the territory of a Member State and those which take place in the territory of an ACP State.
DECLARATION VI
Community Declaration relating to the Protocol on privileges and immunities
The Protocol on privileges and immunities is a multilateral act from the point of view of international law. However, any specific problems that may arise in the host State regarding the application of this Protocol should be settled by bilateral agreement with that State.
The Community has noted the ACP States' requests that certain provisions of Protocol 2 be modified, notably as regards the status of the staff of the ACP Secretariat, the Centre for the Development of Enterprise (CDE) and the Centre for the Development of Agriculture (CTA).
The Community is willing to seek jointly appropriate solutions in respect of the ACP States' requests with a view to establishing a separate legal instrument as referred to above.
In this context, the host country will, without derogating from the present benefits enjoyed by the ACP Secretariat, the CDE, the CTA and their staff:
Show understanding as regards the interpretation of the expression ‘staff of senior rank’, such an interpretation to be arrived at by mutual agreement;
Recognise the powers delegated by the President of the Council of ACP Ministers to the Chairman of the ACP-EC Committee of Ambassadors, in order to simplify implementation of Article 9 of the Protocol;
Agree to grant certain facilities to the staff of the ACP Secretariat, the CDE and the CTA to facilitate initial installation in the host country;
Examine in an appropriate way tax-related questions concerning the ACP Secretariat, the CDE and the CTA and their staff.
DECLARATION VII
Declaration by the Member States relating to the Protocol on privileges and immunities
The Member States shall strive, in the context of their respective regulations, to facilitate throughout their respective territories, the movement in pursuit of their official duties of ACP diplomats accredited to the Community, members of the ACP Secretariat referred to in Article 7 of Protocol 2, whose names and positions shall be communicated in accordance with Article 9 of that Protocol, and the ACP executives of the CDE and the CTA.
DECLARATION VIII
Joint Declaration relating to the Protocol on privileges and immunities
Within the context of their respective regulations, the ACP States shall grant Commission delegations privileges and immunities similar to those granted to diplomatic missions so that they are able to carry out the functions incumbent on them under the Agreement in a satisfactory and effective manner.
DECLARATION IX
Joint Declaration on Article 49(2) on trade and environment
Keenly aware of the specific risks attaching to radioactive waste, the Parties will refrain from any practice of discharging such waste which would encroach upon the sovereignty of States or threaten the environment or public health in other countries. They attach the greatest importance to developing international cooperation to protect the environment and public health against such risks. They accordingly affirm their determination to play an active part in the work being done in the IAEA to produce an internationally approved code of good practice.
Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community defines the term ‘radioactive waste’ as any material, which contains or is contaminated by radio-nuclides and for which no use is foreseen. The Directive is applicable to shipments of radioactive waste between Member States and into and out of the Community whenever the quantities and concentration exceed the levels laid down in Article 3(2)(a) and (b) of the Council Directive 96/29/Euratom of 13 May 1996. The defined levels ensure basic safety standards for the protection of health of workers and the general public against the dangers arising from ionising radiation.
Shipments of radioactive waste are subject to a system of prior authorisation as defined in Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community. Article 11(1)b of the Directive stipulates that the competent authorities of Member States shall not authorise shipments of radioactive waste to a State party to the Fourth ACP-EEC Convention which is not a member of the Community, taking account, however, of Article 14. The Community ensures that Article 11 of Directive 92/3/Euratom will be revised to cover all Parties of this Agreement which are not members of the Community. Until then, the Community will act, as if the abovementioned parties would already be covered.
The Parties shall make every effort to sign and ratify as quickly as possible the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as well as the 1995 amendment to the Convention, as laid down in Decision III/1.
DECLARATION X
ACP Declaration on trade and environment
The ACP States are seriously concerned about environmental problems in general and the transboundary movement of hazardous, nuclear and other radioactive wastes in particular.
In interpreting and implementing the provisions of Article 32(1)(d) of the Agreement, the ACP States have expressed their determination to be guided by the principles and the provisions of the OAU Resolution on the Control of Transboundary Movements of Hazardous Wastes and their Disposal in Africa as contained in AHG 182 (XXV).
DECLARATION XI
Joint Declaration on the ACP cultural heritage
1. The Parties express their common will to promote the preservation and enhancement of the cultural heritage of each ACP country, at the international, bilateral and private level and in the context of this Agreement.
2. The Parties acknowledge the need to facilitate the access of ACP historians and researchers to archives with a view to promoting the development of exchange of information on the cultural heritage of ACP States.
3. They acknowledge the usefulness of providing assistance for the appropriate activities conducted especially in the area of training, for the preservation, protection and exhibition of cultural properties, monuments and objects, including the promulgation and implementation of appropriate legislation.
4. They underpin the importance of undertaking common cultural activities, facilitating the mobility of ACP and European artists, as well as the exchanges of cultural objects which are symbolic of their cultures and civilisations with a view to enhancing mutual understanding and solidarity between their respective populations.
DECLARATION XII
Declaration by the ACP States on return or restitution of cultural property
The ACP States urge the Community and its Member States, insofar as they acknowledge the legitimate right of the ACP States to cultural identity, to promote the return or restitution of cultural property taken from ACP States and now to be found in Member States.
DECLARATION XIII
Joint Declaration on copyright
The Parties acknowledge that promotion of copyright protection is an integral part of cultural cooperation, the aim of which is to enhance all forms of human expression. Furthermore, such protection is a prerequisite for nurturing and developing production, dissemination and publishing activities.
Consequently, the two Parties shall, in the context of ACP-EC cultural cooperation, seek to promote and foster respect for copyright and related rights.
In this context, and in accordance with the rules and procedures laid down by the Agreement, the Community may offer financial and technical support for disseminating copyright information, training economic operators in the protection of such rights and drafting national legislation for their better protection.
DECLARATION XIV
Joint Declaration on regional cooperation and the outermost regions (Article 28)
The reference to the outermost regions concerns the Spanish autonomous community of the Canary Islands, the four French overseas departments, namely Guadeloupe, Guyana, Martinique and Réunion, and the Portuguese autonomous regions of the Azores and Madeira.
DECLARATION XV
Joint Declaration on accession
Any accession of a third State to this Agreement shall be made in compliance with the provisions of Article 1 and the objectives of Article 2 laid down by the ACP Group in the Georgetown Agreement as amended in November 1992.
DECLARATION XVI
Joint Declaration on accession of the overseas countries and territories referred to in Part Four of the EC Treaty
The Community and the ACP States are prepared to allow the overseas countries and territories referred to in Part Four of the Treaty which have become independent to accede to this Agreement, if they wish to continue their relations with the Community in this form.
DECLARATION XVII
Joint Declaration on Article 66 (debt relief) of the Agreement
The Parties agree on the following principles:
In the longer-term, the Parties will seek an improvement of the Heavily Indebted Poor Countries initiative and promote a deepening, broadening and speeding up debt relief to ACP Countries;
The Parties will also seek the mobilisation and establishment of support mechanisms for debt reduction in favour of ACP countries who are not yet eligible for the HIPC initiative.
DECLARATION XVIII
EU Declaration on the Financial Protocol
Within the overall amount of EUR 13 500 million of the 9th EDF, EUR 12 500 million shall be made available immediately upon the entry into force of the Financial Protocol. The remaining EUR 1 000 million shall be released on the basis of the performance review referred to in paragraph 7 of the Financial Protocol that shall be undertaken in 2004.
In evaluating the need for new resources, full account shall be taken of this performance review as well as of a date beyond which the funds of the 9th EDF will not be committed.
DECLARATION XIX
Declaration by the Council and the Commission on the Programming Process
The Community and its Member States reaffirm their attachment to the agreement on a reform of the programming process for implementation of assistance financed from the 9th EDF.
In this context, the Community and its Member States regard a properly implemented review mechanism as the most important tool for successful programming. The review process that has been agreed for governing the implementation of the 9th EDF will ensure continuity in the programming process while allowing for regular adjustments of the Country Support Strategy to reflect developments in needs and performance of the ACP State concerned.
In order to reap the full benefits of the reform and ensure the efficiency of the programming process, the Community and its Member States reaffirm the political commitment to the following principles:
The reviews must as far as possible be carried out in the ACP State concerned. Localising the reviews shall not imply that the Member States or the Commission Headquarters shall be prevented from following and being involved in the programming process as appropriate.
The time frames that have been set for completion of the reviews shall be respected.
The reviews must not be an isolated event in the programming process. The reviews shall be regarded as management tools, which synthesise the results of the regular (monthly) dialogue between the National Authorising Officer and the Commission's Head of Delegation.
The reviews must not increase the administrative burden of either of the Parties concerned. The procedures and reporting requirements surrounding the programming process must therefore be managed in a disciplined manner. To this end, the respective roles of the Member States and the Commission in the decision making process will be reviewed and adapted.
DECLARATION XX
Joint Declaration on the Impact of Export Revenue Fluctuations on Vulnerable Small, Island and Landlocked ACP States
The Parties note the concern of ACP States that the modalities of the mechanism for additional support to countries suffering from fluctuation of export revenues may not provide sufficient support to vulnerable small, island and landlocked States subject to volatile export revenues.
From the second year of operation of the mechanism, and on request of one or more ACP States who have met with difficulties, the Parties agree to re-examine the modalities of the mechanism on the basis of a proposal from the Commission, with a view, where necessary, to remedy the effects of such fluctuations.
DECLARATION XXI
Community Declaration on Article 3 of Annex IV
The notification of the indicative amount referred to in Article 3 of Annex IV, will not apply to the ACP States with whom the Community has suspended its cooperation.
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