21997A0811(01)

PROTOCOL 11 governing the accession of the Republic of South Africa to the fourth ACP-EC Convention of Lomé as amended by the Agreement signed in Mauritius on 4 November 1995

Article 1 Qualified accession

The Contracting Parties to the Convention agree that the accession of South Africa to the Convention will be subject to certain qualifications as set out in this Protocol.

Article 2 Financial resources

1. With the exception of assistance referred to pursuant to Article 255 of the Convention, all references in the Convention to the use of financial resources under the Convention shall not apply to South Africa.

2. Assistance pursuant to Article 255 may be granted in the event of an influx of refugees from neighbouring ACP states into South Africa.

3. All other assistance which may be made available by the Community to South Africa will be drawn from sources outside the financial resources of the Convention.

Article 3 Trade cooperation

All references in the Convention to trade cooperation and to the use of trade cooperation shall not apply to South Africa. This is without prejudice to the provisions on cumulation of origin set out in Article 6 (5) of Protocol 1 and Annex LXXXVI to the Convention.

Article 4 Applicability

The table hereunder sets out those Articles of the Convention which shall apply to South Africa and those which shall not apply.

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ANNEXES TO THE PROTOCOL OF ACCESSION

Annex 1

Joint Declaration by the Community and its Member States, the ACP States and South Africa on the Joint Declarations annexed to the fourth ACP-EC Convention of Lomé

The Community and its Member States, the ACP States and South Africa agree that the Joint Declarations contained in the annexes to the fourth ACP-EC Convention of Lomé listed below are also relevant to South Africa: Annexes I, II, IV, V, VI, VII, VIII, IX, XII, XIII, XIV, XV, XVI, XXII, XXIII, XXV, XXVI, XXXII, L, LII, LIII, LIV, LV, LVI, LVII, LXVIII, LXXIII, LXXIX, LXXX, LXXXII, LXXXIII, LXXXIX together with the Joint Declarations contained in the following annexes to the minutes of the signing of the fourth ACP-EEC Convention: Annexes I and II.

Annex 2

Community Declaration on the Community Declarations annexed to the fourth ACP-EC Convention of Lomé

The Community considers that the Community Declarations contained in the Annexes to the fourth ACP-EC Convention of Lomé listed below are also relevant to South Africa: Annexes III, IIIA, XVIIA, XIX, LXIX, LXX, LXXI, LXXII.

Annex 3

Declaration by South Africa on the ACP Declarations annexed to the fourth ACP-EC Convention of Lomé

South Africa hereby associates itself with the ACP declarations contained in the Annexes to the fourth ACP-EC Convention of Lomé listed below: Annexes XVIIB, XVIII, XXIV, LI.

Annex 4

Declaration by South Africa on cumulation

South Africa wishes to reiterate the importance of economic integration between ACP states as being of key relevance in promoting their development. This is especially true in the Southern African region where the Southern African Customs Union (SACU) and the Southern Africa Development Community (SADC) Trade Protocol underline attempts to promote such integration.

South Africa, furthermore, wishes to draw attention to the fact that it is now listed as a developing country by the Development Aid Committee of the OECD.

With a view to reducing the element of uncertainty which might affect investors and other economic operators, thereby also negatively affecting the abovementioned economic integration and its accompanying stimulation of development, South Africa calls upon the other Contracting Parties to clarify at the earliest time the conditions under which inputs originating in South Africa shall be considered eligible to the cumulation procedure set out in Article 6 (5) of Protocol 1.