ISSN 1725-2555 doi:10.3000/17252555.L_2010.287.eng |
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Official Journal of the European Union |
L 287 |
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English edition |
Legislation |
Volume 53 |
Contents |
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II Non-legislative acts |
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INTERNATIONAL AGREEMENTS |
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2010/648/EU |
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2010/649/EU |
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ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
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2010/650/EU |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
INTERNATIONAL AGREEMENTS
4.11.2010 |
EN |
Official Journal of the European Union |
L 287/1 |
COUNCIL DECISION
of 14 May 2010
on the signing, on behalf of the European Union, 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
(2010/648/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
On 23 February 2009 the Council authorised the Commission to open negotiations with the African, Caribbean and Pacific Group of States with a view to 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 (1), as first amended in Luxembourg on 25 June 2005 (2), (hereinafter referred to as ‘the Cotonou Agreement’). |
(2) |
The negotiations were concluded on 19 March 2010 by the initialling, at an extraordinary ACP-EU Council of Ministers’ meeting, of the texts forming the basis of the Agreement amending for the second time the Cotonou Agreement (hereinafter referred to as ‘the Agreement’). |
(3) |
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. |
(4) |
The Agreement should be signed, |
HAS ADOPTED THIS DECISION:
Article 1
The signing 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 (hereinafter referred to as ‘the Agreement’), together with the joint declarations and the declaration by the Union, attached to the Final Act, is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement.
The texts of the Agreement and of the Final Act are attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion and to make the following declaration, which is attached to the Final Act of the Agreement:
‘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.’.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 14 May 2010.
For the Council
The President
D. LÓPEZ GARRIDO
(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 209, 11.8.2005, p. 27.
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
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
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’,
of the one part, and
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,
HAVING REGARD to the Treaty on the Functioning of the European Union, on the one hand, and the Georgetown Agreement establishing the Group of African, Caribbean and Pacific States (ACP), on the other;
HAVING REGARD to 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, (hereinafter referred to as ‘the Cotonou Agreement’);
CONSIDERING that Article 95(1) of the Cotonou Agreement lays down that the duration of the Agreement shall be 20 years, commencing on 1 March 2000;
CONSIDERING that the Agreement amending the Cotonou Agreement for the first time was signed in Luxembourg on 25 June 2005 and entered into force on 1 July 2008;
FOR HIS MAJESTY THE KING OF THE BELGIANS,
FOR THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
FOR THE PRESIDENT OF THE CZECH REPUBLIC,
FOR HER MAJESTY THE QUEEN OF DENMARK,
FOR THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,
FOR THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
FOR THE PRESIDENT OF IRELAND,
FOR THE PRESIDENT OF THE HELLENIC REPUBLIC,
FOR HIS MAJESTY THE KING OF SPAIN,
FOR THE PRESIDENT OF THE FRENCH REPUBLIC,
FOR THE PRESIDENT OF THE ITALIAN REPUBLIC,
FOR THE PRESIDENT OF THE REPUBLIC OF CYPRUS,
FOR THE PRESIDENT OF THE REPUBLIC OF LATVIA,
FOR THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,
FOR HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,
FOR THE PRESIDENT OF THE REPUBLIC OF HUNGARY,
FOR THE PRESIDENT OF MALTA,
FOR HER MAJESTY THE QUEEN OF THE NETHERLANDS,
FOR THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,
FOR THE PRESIDENT OF THE REPUBLIC OF POLAND,
FOR THE PRESIDENT OF THE PORTUGUESE REPUBLIC,
FOR THE PRESIDENT OF ROMANIA,
FOR THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
FOR THE PRESIDENT OF THE SLOVAK REPUBLIC,
FOR THE PRESIDENT OF THE REPUBLIC OF FINLAND,
FOR THE GOVERNMENT OF THE KINGDOM OF SWEDEN,
FOR HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
FOR THE EUROPEAN UNION,
FOR THE PRESIDENT OF THE REPUBLIC OF 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 HER MAJESTY THE QUEEN OF BELIZE,
FOR THE PRESIDENT OF THE REPUBLIC OF BENIN,
FOR THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,
FOR THE PRESIDENT OF BURKINA FASO,
FOR THE PRESIDENT OF THE REPUBLIC OF BURUNDI,
FOR THE PRESIDENT OF THE REPUBLIC OF CAMEROON,
FOR THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE,
FOR THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC,
FOR THE PRESIDENT OF THE UNION OF THE COMOROS,
FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO,
FOR THE PRESIDENT OF THE REPUBLIC OF CONGO,
FOR THE GOVERNMENT OF THE COOK ISLANDS,
FOR THE PRESIDENT OF THE REPUBLIC OF CÔTE D’IVOIRE,
FOR THE PRESIDENT OF THE REPUBLIC OF 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 DEMOCRATIC REPUBLIC OF ETHIOPIA,
FOR THE PRESIDENT OF THE REPUBLIC OF THE FIJI ISLANDS,
FOR THE PRESIDENT OF THE GABONESE REPUBLIC,
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,
FOR THE PRESIDENT OF THE REPUBLIC OF GUINEA,
FOR THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU,
FOR THE PRESIDENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA,
FOR THE PRESIDENT OF THE REPUBLIC OF HAITI,
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,
FOR THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,
FOR THE PRESIDENT OF THE REPUBLIC OF MALAWI,
FOR THE PRESIDENT OF THE REPUBLIC OF MALI,
FOR THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS,
FOR THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,
FOR THE PRESIDENT OF THE REPUBLIC OF MAURITIUS,
FOR THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA,
FOR THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,
FOR THE PRESIDENT OF THE REPUBLIC OF NAMIBIA,
FOR THE GOVERNMENT OF THE REPUBLIC OF NAURU,
FOR THE PRESIDENT OF THE REPUBLIC OF 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,
FOR THE PRESIDENT OF THE REPUBLIC OF RWANDA,
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,
FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE,
FOR THE PRESIDENT OF THE REPUBLIC OF SENEGAL,
FOR THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,
FOR THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE,
FOR HER MAJESTY THE QUEEN OF SOLOMON ISLANDS,
FOR THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,
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,
FOR THE PRESIDENT OF THE REPUBLIC OF CHAD,
FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE,
FOR THE PRESIDENT OF THE TOGOLESE REPUBLIC,
FOR HIS MAJESTY THE KING 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,
HAVE AGREED AS FOLLOWS:
Sole Article
In accordance with the procedure laid down in Article 95 thereof, the Cotonou Agreement is hereby amended as follows:
A. PREAMBLE
1. |
The eleventh recital, commencing ‘RECALLING the Libreville and Santo Domingo declarations …’, is replaced by the following: ‘RECALLING the declarations of the successive Summits of the Heads of State and Government of ACP States;’. |
2. |
The twelfth recital, commencing ‘CONSIDERING that the Millennium Development Goals …’, is replaced by the following: ‘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;’. |
3. |
After the twelfth recital, commencing ‘CONSIDERING that the Millennium Development Goals …’, the following recital is inserted: ‘SUBSCRIBING to the aid effectiveness agenda started in Rome, pursued in Paris and further developed in the Accra Agenda for Action;’. |
4. |
The thirteenth recital, commencing ‘PAYING particular attention to the pledges …’, is replaced by the following: ‘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;’. |
5. |
After the thirteenth recital, commencing ‘PAYING particular attention to the pledges …’, the following recital is inserted: ‘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;’. |
B. TEXT OF THE ARTICLES OF THE COTONOU AGREEMENT
1. |
Article 1 is amended as follows:
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2. |
Article 2 is replaced by the following: ‘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:
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3. |
Article 4 is replaced by the following: ‘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:
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4. |
Article 6 is amended as follows:
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5. |
Article 8 is replaced by the following: ‘Article 8 Political dialogue 1. The Parties shall regularly engage in a comprehensive, balanced and deep political dialogue leading to commitments on both sides. 2. The objective of this dialogue shall be to exchange information, to foster mutual understanding and to facilitate the establishment of agreed priorities and shared agendas, in particular by recognising existing links between the different aspects of the relations between the Parties and the various areas of cooperation as laid down in this Agreement. The dialogue shall facilitate consultations and strengthen cooperation between the Parties within international fora as well as promote and sustain a system of effective multilateralism. The objectives of the dialogue shall also include preventing situations arising in which one Party might deem it necessary to have recourse to the consultation procedures envisaged in Articles 96 and 97. 3. The dialogue shall cover all the aims and objectives laid down in this Agreement as well as all questions of common, general or regional interest, including issues pertaining to regional and continental integration. Through dialogue, the Parties shall contribute to peace, security and stability and promote a stable and democratic political environment. It shall encompass cooperation strategies, including the aid effectiveness agenda, as well as global and sectoral policies, including environment, climate change, gender, migration and questions related to the cultural heritage. It shall also address global and sectoral policies of both Parties that might affect the achievement of the objectives of development cooperation. 4. The dialogue shall focus, inter alia, on specific political issues of mutual concern or of general significance for the attainment of the objectives of this Agreement, such as the arms trade, excessive military expenditure, drugs, organised crime or child labour, or discrimination of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The dialogue shall also encompass a regular assessment of the developments concerning the respect for human rights, democratic principles, the rule of law and good governance. 5. Broadly based policies to promote peace and to prevent, manage and resolve violent conflicts shall play a prominent role in this dialogue, as shall the need to take full account of the objective of peace and democratic stability in the definition of priority areas of cooperation. The dialogue in this context shall fully involve the relevant ACP regional organisations and the African Union, where appropriate. 6. The dialogue shall be conducted in a flexible manner. The dialogue shall be formal or informal according to the need, and conducted within and outside the institutional framework, including the ACP Group, the Joint Parliamentary Assembly, in the appropriate format and at the appropriate level, including national, regional, continental or all-ACP level. 7. Regional organisations and representatives of civil society organisations shall be associated with this dialogue, as well as ACP national parliaments, where appropriate. 8. Where appropriate, and in order to prevent situations arising in which one Party might deem it necessary to have recourse to the consultation procedure foreseen in Article 96, dialogue covering the essential elements shall be systematic and formalised in accordance with the modalities set out in Annex VII.’. |
6. |
Article 9 is amended as follows:
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7. |
Article 10 is amended as follows:
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8. |
Article 11 is replaced by the following: ‘Article 11 Peace-building policies, conflict prevention and resolution, response to situations of fragility 1. 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. 2. 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. 3. Relevant activities shall also include, inter alia, support for mediation, negotiation and reconciliation efforts, for effective regional management of shared, scarce natural resources, for demobilisation and reintegration of former combatants into the society, for addressing the problems of child soldiers and of violence against women and children. Suitable action shall be taken to set responsible limits to military expenditure and arms trade, including through support for the promotion and application of agreed standards and codes of conduct, as well as to combat activities that fuel conflict. 3a. 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. 3b. The Parties also undertake to cooperate in the prevention of mercenary activities in accordance with their obligations under all relevant international conventions and instruments, and their respective legislation and regulations. 4. In order to address situations of fragility in a strategic and effective manner, the Parties shall share information and facilitate preventive responses combining diplomatic, security and development cooperation tools in a coherent way. They shall agree on the best way to strengthen capabilities of States to fulfil their core functions and to stimulate political will for reform while respecting the principle of ownership. In situations of fragility, political dialogue is especially important and shall be further developed and reinforced. 5. In situations of violent conflict the Parties shall take all suitable action to prevent an intensification of violence, to limit its territorial spread, and to facilitate a peaceful settlement of the existing disputes. Particular attention shall be paid to ensuring that financial resources for cooperation are used in accordance with the principles and objectives of the Partnership, and to preventing a diversion of funds for belligerent purposes. 6. In post-conflict situations, the Parties shall take all suitable action to stabilise the situation during the transition in order to facilitate the return to a non-violent, stable and democratic situation. The Parties shall ensure the creation of the necessary links between emergency measures, rehabilitation and development cooperation. 7. 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.’. |
9. |
Article 12 is replaced by the following: ‘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.’. |
10. |
Article 14 is replaced by the following: ‘Article 14 The joint institutions 1. The joint institutions of this Agreement are the Council of Ministers, the Committee of Ambassadors and the Joint Parliamentary Assembly. 2. The joint institutions and the institutions set up under the Economic Partnership Agreements, without prejudice to the relevant provisions of existing or future Economic Partnership Agreements, shall endeavour to ensure coordination, coherence and complementarity, as well as an effective and reciprocal flow of information.’. |
11. |
The following Article is inserted: ‘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.’. |
12. |
Article 15 is amended as follows:
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13. |
Article 17 is amended as follows:
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14. |
Article 19(2) is replaced by the following: ‘2. Cooperation shall refer to the conclusions of United Nations Conferences and to the objectives, targets and action programmes agreed at international level and to their follow-up as a basis for development principles. Cooperation shall also refer to the international development cooperation targets and shall pay particular attention to putting in place qualitative and quantitative indicators of progress. The Parties will make concerted efforts to accelerate progress towards the attainment of the Millennium Development Goals.’. |
15. |
Article 20 is amended as follows:
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16. |
Article 21 is amended as follows:
|
17. |
In Article 22(1), point (b), the introductory wording is replaced by the following:
|
18. |
Article 23 is replaced by the following: ‘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:
|
19. |
The following Article is inserted: ‘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.’. |
20. |
In Article 25(1), points (a) and (b) are replaced by the following:
|
21. |
Article 27 is amended as follows:
|
22. |
Articles 28, 29 and 30 are replaced by the following: ‘Article 28 General approach 1. ACP-EU cooperation shall provide effective assistance to achieve the objectives and priorities which the ACP States have set themselves in the context of regional cooperation and integration. 2. In conformity with the general objectives set out in Articles 1 and 20, ACP-EU cooperation shall aim to:
3. Under the conditions set out in Article 58, cooperation shall also support inter-regional and intra-ACP cooperation such as that involving:
Article 29 ACP-EU cooperation in support of regional cooperation and integration 1. In the area of stability, peace and conflict prevention, cooperation shall support:
2. In the area of regional economic integration, cooperation shall support:
3. In the area of regional policies for sustainable development, cooperation shall support the priorities of ACP regions and, in particular:
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:
|
23. |
The following Article is inserted: ‘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:
|
24. |
The following Article is inserted: ‘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:
|
25. |
In Article 33(3), point (c) is replaced by the following:
|
26. |
Article 34(2) to (4) are replaced by the following: ‘2. The ultimate objective of economic and trade cooperation is to enable the ACP States to play a full part in international trade. In this context, particular regard shall be had to the need for the ACP States to participate actively in multilateral trade negotiations. Given the current level of development of the ACP countries, economic and trade cooperation shall be directed at enabling the ACP States to manage the challenges of globalisation and to adapt progressively to new conditions of international trade thereby facilitating their transition to the liberalised global economy. In this context, close attention should be paid to many ACP countries' vulnerability resulting from their dependency on commodities or a few key products, including value-added agro-industry products, and the risk of preference erosion. 3. To this end, economic and trade cooperation shall aim, through national and regional development strategies as defined in Title I, at enhancing the production, supply and trading capacity of the ACP countries as well as their capacity to attract investment. It shall further aim at creating a new trading dynamic between the Parties, at strengthening the ACP countries’ trade and investment policies, at reducing their dependency on commodities, at promoting more diversified economies and at improving the ACP countries’ capacity to handle all issues related to trade. 4. Economic and trade cooperation shall be implemented in full conformity with the provisions of the World Trade Organisation (WTO), including special and differential treatment, taking account of the Parties’ mutual interests and their respective levels of development. It shall also address the effects of preference erosion in full conformity with multilateral commitments.’. |
27. |
Article 35(1) and (2) are replaced by the following: ‘1. Economic and trade cooperation shall be based on a true, strengthened and strategic partnership. It shall further be based on a comprehensive approach which builds on the strengths and achievements of the previous ACP-EC Conventions. 2. Economic and trade cooperation shall build on regional integration initiatives of ACP States. Cooperation in support of regional cooperation and integration as defined in Title I and economic and trade cooperation shall be mutually reinforcing. Economic and trade cooperation shall address, in particular, supply and demand side constraints, notably interconnectivity of infrastructure, economic diversification and trade development measures as a means of enhancing ACP States' competitiveness. Appropriate weight shall therefore be given to the corresponding measures in the ACP States’ and regions’ development strategies, which the Community shall support, in particular through the provision of aid for trade.’. |
28. |
Articles 36 and 37 are replaced by the following: ‘Article 36 Modalities 1. In view of the objectives and principles set out above, the Parties agree to take all the necessary measures to ensure the conclusion of new WTO-compatible Economic Partnership Agreements, removing progressively barriers to trade between them and enhancing cooperation in all areas relevant to trade. 2. The Economic Partnership Agreements, as development instruments, aim to foster smooth and gradual integration of the ACP States into the world economy, especially by making full use of the potential of regional integration and South-South trade. 3. The Parties agree that these new trading arrangements shall be introduced gradually. Article 37 Procedures 1. During the negotiations of the Economic Partnership Agreements, capacity building shall be provided in accordance with the provisions of Title I and Article 35 to the public and private sectors of ACP countries, including measures to enhance competitiveness, for strengthening of regional organisations and for support to regional trade integration initiatives, where appropriate with assistance to budgetary adjustment and fiscal reform, as well as for infrastructure upgrading and development, and for investment promotion. 2. The Parties will regularly review the progress of negotiations as foreseen in Article 38 3. Negotiations of the Economic Partnership Agreements will be pursued with ACP countries which consider themselves in a position to do so, at the level they consider appropriate and in accordance with the procedures agreed by the ACP Group and with a view to supporting regional integration processes within the ACP. 4. Negotiations of the Economic Partnership Agreements shall aim notably at establishing the timetable for the progressive removal of barriers to trade between the Parties, in accordance with the relevant WTO rules. On the Community side trade liberalisation shall build on the acquis and shall aim at improving current market access for the ACP countries through, inter alia, a review of the rules of origin. Negotiations shall take account of the level of development and the socio-economic impact of trade measures on ACP countries, and their capacity to adapt and adjust their economies to the liberalisation process. Negotiations will therefore be as flexible as possible in establishing the duration of a sufficient transitional period, the final product coverage, taking into account sensitive sectors, and the degree of asymmetry in terms of timetable for tariff dismantlement, while remaining in conformity with WTO rules then prevailing. 5. The Parties shall closely cooperate and collaborate in the WTO with a view to explaining and justifying the arrangements reached, in particular with regard to the degree of flexibility available. 6. The Parties shall discuss further how to simplify and review the rules of origin, including cumulation provisions, that apply to their exports. 7. Once ACP States have concluded an Economic Partnership Agreement, those ACP States which are not Parties to such Agreement can seek accession at any time. 8. In the context of ACP-EU cooperation in support of ACP regional cooperation and integration as outlined in Title I, and in accordance with Article 35, the Parties shall pay particular attention to the needs arising from the implementation of the Economic Partnership Agreements. The principles outlined in Article 1 of Annex IV to this Agreement shall apply. To that effect, the Parties agree on the use of existing or new regional financing mechanisms through which resources from the multi-annual financial framework of cooperation and other additional resources could be channelled.’. |
29. |
The following Article is inserted: ‘Article 37a Other trading arrangements 1. In the context of the current trade policy trends aiming at greater liberalisation of trade the EU and the ACP States may take part in negotiations and implementation of agreements leading to further multilateral and bilateral trade liberalisation. Such liberalisation may lead to the erosion of the preferences granted to the ACP States and affect their competitive position in the EU market, as well as their development efforts, which the EU is concerned to support. 2. In accordance with the objectives of economic and trade cooperation, the EU shall endeavour to pursue measures to overcome possible negative impacts of liberalisation, with a view to maintaining significant preferential access within the multilateral trading system for ACP States for as long as is feasible and to ensure that any unavoidable reduction in preference is phased in over as long a period as possible.’. |
30. |
Article 38(2) is replaced by the following: ‘2. The Ministerial Trade Committee shall discuss any trade-related issue of concern to all ACP States and, in particular, regularly monitor the negotiations and implementation of Economic Partnership Agreements. It shall pay special attention to current multilateral trade negotiations and shall examine the impact of the wider liberalisation initiatives on ACP-EC trade and the development of ACP economies. It shall report and make appropriate recommendations to the Council of Ministers, including on any supportive measures, with a view to enhancing the benefits of the ACP-EC trading arrangements.’. |
31. |
The following Article is inserted: ‘Article 38a Consultations 1. Where new measures or measures stipulated in programmes adopted by the Community for the approximation of laws and regulations in order to facilitate trade are likely to affect the interests of one or more ACP States, the Community shall, prior to adopting such measures, inform the Secretariat of the ACP Group and the ACP States concerned. 2. In order to enable the Community to take into consideration the interests of the ACP Group, consultations shall be held at the request of the latter in accordance with the provisions of Article 12 of this Agreement, with a view to reaching a satisfactory solution. 3. Where existing Community rules or regulations adopted in order to facilitate trade affect the interests of one or more ACP States or where these interests are affected by the interpretation, application or administration of such rules or regulations, consultations shall be held at the request of the ACP States concerned in accordance with the provisions of Article 12 with a view to reaching a satisfactory solution. 4. With a view to finding a satisfactory solution, the Parties may also bring up within the Joint Ministerial Trade Committee any other problems relating to trade which might result from measures taken or envisaged by the Member States. 5. The Parties shall inform each other of such measures in order to ensure effective consultations. 6. The Parties agree that holding consultations within, and providing information through, the institutions of an Economic Partnership Agreement on matters within the scope of such agreements shall be deemed to also satisfy the provisions of this Article and of Article 12 of this Agreement, provided that the ACP States likely to be affected are all signatories to the Economic Partnership Agreement within which the consultations were held or information was provided.’. |
32. |
Article 41(5) is replaced by the following: ‘5. The Community shall support, through national and regional development strategies as defined in Title I and in conformity with Article 35, the ACP States' efforts to strengthen their capacity in the supply of services. Particular attention shall be paid to services related to labour, business, distribution, finance, tourism, culture and construction and related engineering services with a view to enhancing their competitiveness and thereby increasing the value and the volume of their trade in goods and services.’. |
33. |
Article 42(4) is replaced by the following: ‘4. The Community shall support, through national and regional development strategies as defined in Title I and in conformity with Article 35, the ACP States' efforts to develop and promote cost-effective and efficient maritime transport services in the ACP States with a view to increasing the participation of ACP operators in international shipping services.’. |
34. |
Article 43(5) is replaced by the following: ‘5. The Parties also agree to step up cooperation between them in the area of information and communication technologies, and the Information Society. This cooperation shall, through national and regional development strategies as defined in Title I and in conformity with Article 35, in particular be directed towards greater complementarity and harmonisation of communication systems, at national, regional and international level and their adaptation to new technologies.’. |
35. |
Article 44(2) is replaced by the following: ‘2. The Community shall support the ACP States' efforts, through national and regional development strategies as defined in Title I and in conformity with Article 35, to strengthen their capacity to handle all areas related to trade, including, where necessary, improving and supporting the institutional framework.’. |
36. |
Article 45(3) is replaced by the following: ‘3. The Parties also agree to reinforce cooperation in this area with a view to formulating and supporting effective competition policies with the appropriate national competition agencies that progressively ensure the efficient enforcement of the competition rules by both private and state enterprises. Cooperation in this area shall, in particular, through national and regional development strategies as defined in Title I and in conformity with Article 35, include assistance in the drafting of an appropriate legal framework and its administrative enforcement with particular reference to the special situation of the Least Developed Countries.’. |
37. |
Article 46(6) is replaced by the following: ‘6. The Parties further agree to strengthen their cooperation in this field. Upon request, on mutually agreed terms and conditions, and through national and regional development strategies as defined in Title I and in conformity with Article 35, cooperation shall, inter alia, extend to the following areas: the preparation of laws and regulations for the protection and enforcement of intellectual property rights, the prevention of the abuse of such rights by rightholders and the infringement of such rights by competitors, the establishment and reinforcement of domestic and regional offices and other agencies including support for regional intellectual property organisations involved in enforcement and protection, including the training of personnel.’. |
38. |
In Article 47(2), the introductory wording is replaced by the following: ‘2. 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:’. |
39. |
Article 48(3) is replaced by the following: ‘3. The Parties agree to strengthen their cooperation, through national and regional development strategies as defined in Title I and in conformity with Article 35, with a view to reinforcing the capacity of the public and the private sector of the ACP countries in this field.’. |
40. |
Article 49 is amended as follows:
|
41. |
Article 50(3) is replaced by the following: ‘3. The Parties agree that labour standards should not be used for protectionist purposes.’. |
42. |
Article 51(2) is replaced by the following: ‘2. Cooperation shall, in particular, aim, through national and regional development strategies as defined in Title I and in conformity with Article 35, at improving the institutional and technical capacity in this area, establishing rapid-alert systems of mutual information on dangerous products, exchanging information and experiences on the establishment and operation of post market surveillance of products and product safety, improving information provided to consumers on prices, characteristics of products and services offered, encouraging the development of independent consumer associations and contacts between consumer interest representatives, improving compatibility of consumer policies and systems, notifying enforcement of the legislation and promoting cooperation in investigating harmful or unfair business practices and implementing exports prohibitions in the trade between the Parties of goods and services the marketing of which has been prohibited in their country of production.’. |
43. |
Article 56(1), is replaced by the following: ‘1. 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:
|
44. |
Article 58 is amended as follows:
|
45. |
Article 60 is amended as follows:
|
46. |
Article 61 is amended as follows:
|
47. |
Article 66(1) is replaced by the following: ‘1. In order to attenuate the debt burden of the ACP States and their balance-of-payment problems, the Parties agree to use the resources provided for under the multi-annual financial framework of cooperation under this Agreement to contribute to debt relief initiatives approved at international level for the benefit of ACP countries. The Community furthermore commits itself to examine how in the longer term other Community resources can be mobilised in support of internationally agreed debt relief initiatives.’. |
48. |
Article 67(1) is replaced by the following: ‘1. The multi-annual financial framework of cooperation under this Agreement shall provide support for macroeconomic and sectoral reforms implemented by the ACP States. In this framework, the Parties shall ensure that adjustment is economically viable and socially and politically bearable. Support shall be given in the context of a joint assessment between the Community and the ACP State concerned on the reform measures being undertaken or contemplated either at macroeconomic or sectoral level, and permit an overall evaluation of the reform efforts. To the extent possible the joint assessment shall be aligned on country specific arrangements and the support monitored on the basis of results achieved. Quick disbursement shall be an important feature of support programmes.’. |
49. |
The title of Chapter 3 of Title II of Part 4, is replaced by the following: |
50. |
Article 68 is replaced by the following: ‘Article 68 1. The Parties recognise that macroeconomic instability resulting from exogenous shocks may adversely affect the development of the ACP States and jeopardise the attainment of their development requirements. A system of additional support in order to mitigate the short-term adverse effects resulting from exogenous shocks, including the effects on export earnings, is therefore set up within the multi-annual financial framework of cooperation under this Agreement. 2. The purpose of this support is to safeguard socio-economic reforms and policies that could be affected negatively as a result of a drop in revenue and to remedy the short-term adverse effects of such shocks. 3. The extreme dependence of the ACP States' economies on exports, in particular from the agricultural and mining sectors, shall be taken into account in the allocation of resources. In this context, the least developed, landlocked and island, post-conflict and post-natural disaster ACP States shall receive more favourable treatment. 4. The additional resources shall be provided in accordance with the specific modalities of the support mechanism as set out in Annex II on Terms and Conditions of Financing. 5. The Community shall also provide support for market-based insurance schemes designed for ACP States seeking to protect themselves against short-term effects of exogenous shocks.’. |
51. |
The title of Chapter 6 of Title II of Part 4 is replaced by the following: |
52. |
Article 72 is replaced by the following: ‘Article 72 General principle 1. Humanitarian, emergency and post-emergency assistance shall be provided in situations of crisis. Humanitarian and emergency assistance shall aim to save and preserve life and to prevent and relieve human suffering wherever the needs arise. Post-emergency assistance shall aim at rehabilitation and linking the short-term relief with longer term development programmes. 2. Situations of crisis, including long-term structural instability or fragility are situations posing a threat to law and order or to the security and safety of individuals, threatening to escalate into armed conflict or to destabilise the country. Situations of crisis may also result from natural disasters, man-made crises such as wars and other conflicts or extraordinary circumstances having comparable effects related, inter alia, to climate change, environmental degradation, access to energy and natural resources, or extreme poverty. 3. The humanitarian, emergency and post-emergency assistance shall be maintained for as long as necessary to deal with the needs resulting from these situations for the victims, thereby linking relief, rehabilitation and development. 4. The humanitarian assistance shall be granted exclusively according to the needs and interests of the victims of the crisis situation and in line with the principles of international humanitarian law and with respect to humanity, neutrality, impartiality and independence. In particular, there shall be no discrimination between victims on grounds of race, ethnic origin, religion, gender, age, nationality or political affiliation and free access to and protection of victims shall be guaranteed as well as the security of humanitarian personnel and equipment. 5. The humanitarian, emergency and post-emergency assistance shall be financed under the multi-annual financial framework of cooperation under this Agreement, where such assistance cannot be financed from the Union's Budget. Humanitarian, emergency and post-emergency assistance shall be implemented in complementarity and coordination with the Member States’ efforts and in accordance with best practice in aid effectiveness.’. |
53. |
The following Article is inserted: ‘Article 72a Objective 1. Humanitarian and emergency assistance shall aim to:
2. Assistance may be granted to ACP States or regions taking in refugees or returnees to meet acute needs not covered by emergency assistance. 3. Post-emergency action shall aim at physical and social rehabilitation consequent to the results of the crisis concerned and may be undertaken to link the short-term relief and rehabilitation with the relevant longer term development programmes funded from the national, regional indicative programmes or the intra-ACP programme. Such actions must be necessary for the transition from the emergency phase to the development phase, promoting the socio-economic reintegration of the parts of the population affected, removing as far as possible the causes of the crisis and strengthening institutions and the ownership by local and national actors of their role in formulating a sustainable development policy for the ACP country concerned. 4. 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.’. |
54. |
Article 73 is replaced by the following: ‘Article 73 Implementation 1. Assistance operations shall be undertaken either at the request of the ACP country or region affected by the crisis situation, or at the initiative of the Commission, or on the advice of international organisations or local or international non-State organisations. 2. The Community shall take adequate steps to facilitate speedy action, which is required to meet the immediate needs for which the assistance is needed. The assistance shall be administered and implemented under procedures permitting operations that are rapid, flexible and effective. 3. Underlining the developmental nature of the assistance granted in accordance with this Chapter, assistance may be used exceptionally together with the indicative programme at the request of the State or region concerned.’. |
55. |
In Article 76(1), point (d) is replaced by the following:
|
56. |
In Article 95(3), the first subparagraph is replaced by the following: ‘3. The Community and the Member States, on the one hand, and the ACP States, on the other, shall notify the other Party not later than 12 months before the expiry of each five-year period of any review of the provisions they desire to make with a view to a possible amendment of the Agreement. Notwithstanding this time limit, if one Party requests the review of any provisions of the Agreement, the other Party shall have a period of two months in which to request the extension of the review to other provisions related to those which were the subject of the initial request.’. |
57. |
In Article 100, the second paragraph is replaced by the following: ‘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.’. |
C. ANNEXES
1. |
Annex II, as amended by Decision No 1/2009 of the ACP-EC Council of Ministers of 29 May 2009 (1), shall be amended as follows:
|
2. |
Annex III is amended as follows:
|
3. |
Annex IV, as amended by Decision No 3/2008 of the ACP-EC Council of Ministers of 15 December 2008 (2), is amended as follows:
|
4. |
Annex V, including its protocols, is deleted. |
5. |
In Annex VII, Article 3(4) is replaced by the following: ‘4. The parties acknowledge the role of the ACP Group in political dialogue based on modalities to be determined by the ACP Group and communicated to the European Community and its Member States. The ACP Secretariat and the European Commission shall exchange all required information on the process of political dialogue carried out before, during and after consultations undertaken under Articles 96 and 97 of this Agreement.’. |
D. PROTOCOLS
Protocol 3 on South Africa, as amended by Decision No 4/2007 of the ACP-EC Council of Ministers of 20 December 2007 (6), is amended as follows:
1. |
In Article 1(2), the words ‘signed in Pretoria on 11 October 1999’ are replaced by ‘as amended by the Agreement signed on 11 September 2009’. |
2. |
Article 4 is amended as follows:
|
3. |
Article 5(3) is replaced by the following: ‘3. This Protocol shall not prevent South Africa from negotiating and signing one of the Economic Partnership Agreements (EPA) provided for in Part 3, Title II of this Agreement if the other parties to that EPA so agree.’. |
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.
Настоящото споразумение е открито за подписване в Ouagadougou на 22 юни 2010 г. и след това от 1 юли 2010 г. до 31 октомври 2010 г. в Генералния секретариат на Съвета на Европейския съюз в Брюксел.
El presente Acuerdo quedará abierto a la firma en Uagadugu el 22 de junio de 2010 y, a continuación, del 1 de julio de 2010 al 31 de octubre de 2010 en la Secretaría General del Consejo de la Unión Europea, en Bruselas.
Tato dohoda je otevřena k podpisu dne 22. června v Ouagadougou a poté od 1. července 2010 do 31. října 2010 v generálním sekretariátu Rady Evropské unie v Bruselu.
Denne aftale er åben for undertegnelse den 22. juni 2010 i Ouagadougou og derefter fra den 1. juli 2010 til den 31. oktober 2010 i Generalsekretariatet for Rådet for Den Europæiske Union i Bruxelles
Dieses Abkommen liegt am 22. Juni 2010 in Ouagadougou und danach vom 1. Juli bis 31. Oktober 2010 beim Generalsekretariat des Rates der Europäischen Union in Brüssel zur Unterzeichnung auf.
Käesolev leping on allakirjutamiseks avatud 22. juunil 2010 Ouagadougous ning seejärel 1. juulist 2010 kuni 31. oktoobrini 2010 Euroopa Liidu Nõukogu peasekretariaadis Brüsselis.
Η παρούσα συμφωνία κατατίθεται προς υπογραφή στο Ουαγκαντούγκου, στις 22 Ιουνίου 2010 και στη συνέχεια, από την 1η Ιουλίου 2010 έως τις 31 Οκτωβρίου 2010, στη Γενική Γραμματεία του Συμβουλίου της Ευρωπαϊκής Ένωσης, στις Βρυξέλλες.
This Agreement shall be open for signature in Ouagadougou on 22 June 2010 and thereafter from 1 July 2010 to 31 October 2010 at the General Secretariat of the Council of the European Union in Brussels.
Le présent accord est ouvert à la signature à Ouagadougou le 22 juin 2010 et ensuite du 1er juillet 2010 au 31 octobre 2010 au Secrétariat général du Conseil de l’Union européenne, à Bruxelles.
Il presente accordo è aperto alla firma a Ouagadougou il 22 giugno 2010 e successivamente a Bruxelles presso il Segretariato generale del Consiglio dell’Unione europea, dal 1o luglio 2010 al 31 ottobre 2010.
Šo nolīgumu dara pieejamu parakstīšanai 2010. gada 22. jūnijā Vagadugu (Ouagadougou) un pēc tam no 2010. gada 1. jūlija līdz 2010. gada 31. oktobrim Briselē, Eiropas Savienības Padomes Ģenerālsekretariātā.
Šis susitarimas pateiktas pasirašyti 2010 m. birželio 22 d. Uagadugu, o paskui, 2010 m. liepos 1 d.- 2010 m. spalio 31 d., Europos Sąjungos Tarybos generaliniame sekretoriate Briuselyje.
Ez a megállapodás 2010. június 22-én Ouagadougouban, majd 2010. július 1. és 2010. október 31. között Brüsszelben, az Európai Unió Tanácsának Főtitkárságán aláírásra nyitva áll.
Dan il-Ftehim huwa miftuħ għall-iffirmar f’Ouagadougou fit-22 ta’ Ġunju 2010 u wara dan mill-1 ta’ Lulju 2010 sal-31 ta’ Ottubru 2010, fis-Segretarjat Ġenerali tal-Kunsill tal-Unjoni Ewropea, fi Brussell.
Deze overeenkomst staat open voor ondertekening op 22 juni 2010 te Ouagadougou en vervolgens met ingang van 1 juli tot en met 31 oktober 2010 bij het secretariaat-generaal van de Raad van de Europese Unie in Brussel.
Niniejsza Umowa będzie otwarta do podpisu w Wagadugu w dniu 22 czerwca 2010 r., a następnie od 1 lipca 2010 r. do 31 października 2010 r. w Sekretariacie Generalnym Rady Unii Europejskiej w Brukseli.
O presente Acordo está aberto para assinatura em Uagadugu, em 22 de Junho de 2010 e, posteriormente, de 1 de Julho a 31 de Outubro de 2010, no Secretariado-Geral do Conselho da União Europeia, em Bruxelas.
Acest acord va fi deschis pentru semnare în Ouagadougou, la 22 iunie 2010, iar ulterior, începând cu 1 iulie 2010 până la 31 octombrie 2010, la Secretariatul General al Consiliului Uniunii Europene din Bruxelles.
Táto dohoda je otvorená na podpis 22. júna 2010 v Ouagadougou a potom od 1. júla 2010 do 31. októbra 2010 na Generálnom sekretariáte Rady Európskej únie v Bruseli.
Ta sporazum bo na voljo za podpis 22. junija 2010 v Ouagadougouju in nato od 1. julija 2010 do 31. oktobra 2010 v generalnem sekretariatu Sveta Evropske unije v Bruslju.
Tämä sopimus on avoinna allekirjoittamista varten Ouagadougoussa 22 päivänä kesäkuuta 2010 ja sen jälkeen 1 päivästä heinäkuuta 201031 päivään lokakuuta 2010 Euroopan unionin neuvoston pääsihteeristössä Brysselissä.
Detta avtal är öppet för undertecknande i Ouagadougou den 22 juni 2010 och sedan från och med den 1 juli till och med den 31 oktober 2010 vid generalsekretariatet för Europeiska unionens råd i Bryssel.
(1) OJ EU L 168, 30.6.2009, p. 48
(2) OJ EU L 352, 31.12.2008, p. 59.
(3) Article 21 was deleted by Decision No 3/2008 of the ACP-EC Council of Ministers.
(4) Articles 23 and 25 were deleted by Decision No 3/2008 of the ACP-EC Council of Ministers.
(5) Articles 27, 28 and 29 were deleted by Decision No 3/2008 of the ACP-EC Council of Ministers.
(6) OJ EU L 25 of 30.1.2008, p. 11.
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,
have at the time of signature of this Agreement adopted the following declarations attached to this Final Act:
Declaration I: |
Joint Declaration on Support for Market Access in the ACP-EC Partnership; |
Declaration II: |
Joint Declaration on Migration and Development (Article 13); |
Declaration III: |
European Union Declaration on Institutional Changes Resulting From the Entry into Force of the Treaty of Lisbon; |
and have, furthermore, agreed that the following existing declarations, as a consequence of the deletion of Annex V, have become obsolete:
Declaration XXII: |
Joint Declaration concerning agricultural products referred to in Article 1(2)(a) of Annex V; |
Declaration XXIII: |
Joint Declaration on Market Access in the ACP-EC Partnership; |
Declaration XXIV: |
Joint Declaration on rice; |
Declaration XXV: |
Joint Declaration on rum; |
Declaration XXVI: |
Joint Declaration on beef and veal; |
Declaration XXVII: |
Joint Declaration on the arrangements governing access to the markets of the French overseas departments for products originating in the ACP States referred to in Article 1(2) of Annex V; |
Declaration XXIX: |
Joint Declaration on products covered by the common agricultural policy; |
Declaration XXX: |
ACP Declaration on Article 1 of Annex V; |
Declaration XXXI: |
Community Declaration on Article 5(2)(a) of Annex V; |
Declaration XXXII: |
Joint Declaration on non-discrimination; |
Declaration XXXIII: |
Community Declaration on Article 8(3) of Annex V; |
Declaration XXXIV: |
Joint Declaration on Article 12 of Annex V; |
Declaration XXXV: |
Joint Declaration relating to Protocol 1 of Annex V; |
Declaration XXXVI: |
Joint Declaration relating to Protocol 1 of Annex V; |
Declaration XXXVII: |
Joint Declaration relating to Protocol 1 of Annex V on the origin of fishery products; |
Declaration XXXVIII: |
Community Declaration relating to Protocol 1 of Annex V on the extent of territorial waters; |
Declaration XXXIX: |
ACP Declaration relating to Protocol 1 of Annex V on the origin of fishery products; |
Declaration XL: |
Joint Declaration on the application of the value tolerance rule in the tuna sector; |
Declaration XLI: |
Joint Declaration on Article 6(11) of Protocol 1 of Annex V; |
Declaration XLII: |
Joint Declaration on rules of origin: cumulation with South Africa; |
Declaration XLIII: |
Joint Declaration on Annex 2 to Protocol 1 of Annex V. |
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.
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:
1. |
Migration and Development, including issues relating to diasporas, brain drain and remittances; |
2. |
Legal migration including admission, mobility and movement of skills and services; and |
3. |
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.
4.11.2010 |
EN |
Official Journal of the European Union |
L 287/50 |
COUNCIL DECISION
of 7 October 2010
on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation
(2010/649/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(6)(a)(v) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1) |
The Commission has negotiated on behalf of the European Community an Agreement with the Islamic Republic of Pakistan on the readmission of persons residing without authorisation (hereinafter the Agreement). |
(2) |
The Agreement has been signed, on behalf of the European Community, on 26 October 2009 subject to its conclusion. |
(3) |
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. |
(4) |
The Agreement should be approved. |
(5) |
The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the European Union position in this case. |
(6) |
In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision. |
(7) |
In accordance with Articles 1 and 2 of the Protocol on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, Ireland is not participating in the adoption of this Decision and is not bound by or subject to its application. |
(8) |
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation (hereinafter the Agreement) is hereby approved on behalf of the European Union.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council shall give the notification provided for in Article 20(2) of the Agreement, in order to bind the Union (1), and shall make the following declaration:
‘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” or to “the Community” in the text of the Agreement are, where appropriate, to be read as to “the European Union”.’
Article 3
The Commission, assisted by experts from Member States invited at the Commission’s request, shall represent the Union in the Joint Readmission Committee established by Article 16 of the Agreement.
Article 4
The position of the Union within the Joint Readmission Committee with regard to the adoption of its rules of procedure as required under Article 16(2) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
Article 5
This Decision shall enter into force on the day of its adoption.
Article 6
This Decision shall be published in the Official Journal of the European Union.
Done at Luxembourg, 7 October 2010.
For the Council
The President
M. WATHELET
(1) The date of entry into force of the Readmission Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
AGREEMENT
between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation
THE HIGH CONTRACTING PARTIES,
THE EUROPEAN COMMUNITY,
hereinafter referred to as ‘the Community’,
and
THE ISLAMIC REPUBLIC OF PAKISTAN,
hereinafter referred to as ‘Pakistan’,
hereinafter also referred to individually as ‘a Party’ and collectively as ‘the Parties’,
DESIRING to strengthen their cooperation to combat illegal immigration effectively,
DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry into, presence in, or residence on the territories of Pakistan or one of the Member States of European Union, and to facilitate the transit of such persons in a spirit of cooperation,
EMPHASISING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Member States of the European Union and Pakistan under international law,
CONSIDERING that the provisions of Title IV of the Treaty establishing the European Community, and all acts adopted on the basis of that Title, do not apply to the Kingdom of Denmark,
HAVE AGREED AS FOLLOWS:
Article 1
Definitions
For the purposes of this Agreement:
(a) |
‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark; |
(b) |
‘National of a Member State’ shall mean any person who holds the nationality, as defined for Community purposes, of a Member State; |
(c) |
‘National of Pakistan’ shall mean any person who holds the nationality of Pakistan; |
(d) |
‘Third country national’ shall mean any person who holds a nationality other than that of Pakistan or one of the Member States; |
(e) |
‘Stateless person’ shall mean any person who does not hold a nationality; |
(f) |
‘Residence authorisation’ shall mean a permit of any type issued by Pakistan or one of the Member States entitling a person to reside on the territory of the issuing State; |
(g) |
‘Visa’ shall mean an authorisation issued or a decision taken by Pakistan or one of the Member States which is required with a view to entry into, or transit through, its territory. This shall not include an airport transit visa; |
(h) |
‘Requesting State’ shall mean the State (Pakistan or one of the Member States), which submits a readmission application pursuant to Articles 2 and 3 or a transit application pursuant to Article 12; |
(i) |
‘Requested State’ shall mean the State (Pakistan or one of the Member States) to which a readmission application pursuant to Articles 2 and 3 or a transit application pursuant to Article 12 is submitted. |
SECTION I
READMISSION OBLIGATIONS
Article 2
Readmission of nationals
1. The Requested State shall readmit, after the nationality having been proved in accordance with Article 6, upon application by the Requesting State any of its nationals who does not, or who no longer fulfils the conditions in force for entry into, presence in, or residence on, the territory of the Requesting State.
2. The Requested State shall, as necessary and without delay, issue the person whose readmission has been accepted with the travel document required for his or her readmission, which shall be valid for at least six months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document, the Requested State shall issue a new travel document with the same period of validity within 14 days.
Article 3
Readmission of third country nationals and Stateless persons
1. The Requested State shall readmit, upon application by the Requesting State and without further formalities other than those provided for in this Agreement, any third country national or Stateless person who does not, or who no longer, fulfils the conditions in force for entry into, presence in, or residence on, the territory of the requesting State, provided that such persons:
(a) |
hold, at the time of submission of the readmission application, a valid visa or residence authorisation issued by the Requested State; or |
(b) |
entered the territory of the Requesting State unlawfully coming directly from the territory of the Requested State. A person comes directly from the territory of the Requested State within the meaning of this subparagraph if he or she arrived on the territory of the Requesting State, or, where the Requested State is Pakistan, on the territory of the Member States, by air or ship without having entered another country in-between. |
2. The readmission obligation in paragraph 1 shall not apply if:
(a) |
the third country national or Stateless person has only been in airside transit via an international airport of the Requested State; or |
(b) |
the Requesting State has issued to the Third country national or Stateless person a visa or residence authorisation before or after entering its territory unless that person is in possession of a visa or residence permit, issued by the Requested State, which has a longer period of validity. |
3. If the Requested State is a Member State, the readmission obligation in paragraph 1 is for the Member State that issued a visa or residence authorisation. If two or more Member States issued a visa or residence authorisation, the readmission obligation in paragraph 1 is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1 is for the Member State that issued the document with the most recent expiry date.
4. The Requested State shall, as necessary and without delay, issue the person whose readmission has been accepted with the travel document required for his or her return which shall be valid for at least six months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document, the Requested State shall issue a new travel document with the same period of validity within 14 calendar days.
SECTION II
READMISSION PROCEDURE
Article 4
Principles
1. Subject to paragraph 2, any transfer of a person to be readmitted on the basis of the obligations contained in Articles 2 and 3 shall require the submission of a readmission application to the competent authority of the Requested State.
2. Without prejudice to Articles 2(1) and 3(1), no readmission application shall be needed where the person to be readmitted is in possession of a valid travel document and, where applicable, a valid visa or residence authorisation of the Requested State.
3. No person shall be readmitted only on the basis of prima facie evidence of nationality.
Article 5
Readmission application
1. A readmission application shall contain the following information:
(a) |
the particulars of the person to be readmitted (e.g. given name, surname, date of birth, place of birth, and the last place of residence); |
(b) |
indication of the means for the proof of nationality, transit, the conditions for the readmission of third country nationals and Stateless persons and unlawful entry and residence. |
2. The readmission application, to the extent possible, will also contain the following information:
(a) |
a statement indicating that the person to be readmitted may need help or care, provided the person concerned has explicitly consented to the statement; |
(b) |
any other protection or security measure which may be necessary in the individual readmission case. |
3. A common form to be used for readmission applications is attached as Annex V to this Agreement.
Article 6
Means of evidence regarding nationality
1. Evidence of nationality cannot be furnished through false documents.
2. Proof of nationality pursuant to Article 2(1) may be furnished through any of the documents listed in Annex I to this Agreement, even if their period of validity has expired. If such documents are presented, the Requested and the Requesting States shall mutually recognise the nationality without further investigation being required.
3. Proof of nationality, as required under Article 2(1), may also be furnished through any of the documents listed in Annex II to this Agreement, even if their period of validity has expired. If such documents are presented, the Requested State shall initiate the process for establishing the nationality of the person concerned.
4. If none of the documents listed in Annexes I or II can be presented, the competent authority of the Requesting State and the diplomatic or consular representation of the Requested State shall, upon request, make arrangements to interview the person for whose readmission an application has been submitted, without undue delay.
Article 7
Means of evidence regarding third country nationals and Stateless persons
1. Proof of the conditions for the readmission of third country nationals and Stateless persons laid down in Article 3(1) shall be particularly furnished through the means of evidence listed in Annex III to this Agreement. It cannot be furnished through false documents. Any such proof shall be based on elements that are mutually recognised by the Requested and the Requesting States.
2. Proof of the conditions for the readmission of third country nationals and Stateless persons laid down in Article 3(1) may also be furnished through the means of evidence listed in Annex IV to this Agreement. Where such means of evidence are presented, the Requested State will deem them appropriate to initiate investigation.
3. The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned in which the necessary visa or other residence authorisation for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not to have the necessary travel documents, visa or residence authorisation may provide prima facie evidence of the unlawful entry, presence or residence.
Article 8
Time limits
1. The application for readmission must be submitted to the competent authority of the Requested State within a maximum of one year after the Requesting State’s competent authority has gained knowledge that a third country national or a Stateless person does not fulfil, or no longer fulfils the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall, upon request, be extended but only until the obstacles have ceased to exist.
2. A readmission application must be replied to without undue delay, and in any event within a maximum of 30 calendar days; reasons shall be given for refusal of a readmission application. This time limit begins to run from the date of receipt of the readmission application. Where there are legal or factual obstacles to the application being replied to in time, the time limit may, upon request and giving reasons, be extended up to 60 calendar days, except if the maximum detention period in the national legislation of the Requesting State is less than, or equal to, 60 days. Where there is no reply within this time limit, the transfer shall be deemed to have been agreed to.
3. After agreement has been given or, where appropriate, upon expiry of the time limit mentioned in paragraph 2 of this Article, the person concerned shall be transferred within three months. Upon request, this time limit may be extended by the time taken to deal with legal or practical obstacles.
Article 9
Transfer modalities and modes of transportation
Before returning a person, the competent authorities of Pakistan and the Member State concerned shall make arrangements in writing in advance, regarding the transfer date, the border crossing point, possible escorts and means of transport.
Article 10
Readmission in error
Pakistan shall take back without delay any person readmitted by a Member State, and a Member State shall take back without delay a person readmitted by Pakistan, if it is established within a period of three months after the transfer of the person concerned that the requirements laid down in Articles 2 and 3 of this Agreement were not met. In such cases, the competent authorities of Pakistan and the Member State concerned shall also exchange all available information relating to the actual identity, nationality or transit route of the person to be taken back.
SECTION III
TRANSIT OPERATIONS
Article 11
Principles
1. The Requested State may allow the transit of a third country national or Stateless person when such a national or person cannot be returned to the State of destination directly after being satisfied, on the basis of written evidence, that the State of destination has committed itself to readmitting its national or the person as the case may be.
2. The Requested State may revoke consent if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured. In such cases, the Requesting State shall take back the third country national or the Stateless person at its costs.
Article 12
Transit procedure
1. An application for transit operations must be submitted to the competent authorities in writing and shall contain the following information:
(a) |
type of transit, possible other States of transit and final destination; |
(b) |
the particulars of the person concerned (e.g. given name, surname, date of birth and — where possible — place of birth, nationality, type and number of travel document); |
(c) |
envisaged border crossing point, time of transfer and possible use of escorts. |
A common form to be used for transit applications is attached as Annex VI to this Agreement.
2. The Requested State shall, within 14 calendar days and in writing, inform the Requesting State of its decision and, if it allows transit, confirm the border crossing point and the envisaged time of transit.
3. If the transit operation is effected by air, the person to be transited and possible escorts shall be exempted from having to obtain an airport transit visa.
4. The competent authorities of the Requested State shall, subject to mutual consultations, support the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose, in accordance with its laws and rules.
SECTION IV
COSTS
Article 13
Transport and transit costs
Without prejudice to the right of the competent authorities of the Requesting State to recover the costs associated with the readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit operations pursuant to this Agreement as far as the border of the State of final destination shall be borne by the Requesting State. In the case of readmission in error, under Article 10, these costs have to be borne by the State which has to take back the person concerned.
SECTION V
DATA PROTECTION AND CONSISTENCY WITH OTHER LEGAL OBLIGATIONS
Article 14
Personal data
1. The processing of personal data shall only take place if such processing is necessary for the implementation of this Agreement by the competent authorities of Pakistan and the Member States. For the purposes of this Article, the definitions contained in Article 2 of Directive 95/46/EC (1) apply. Where the controller is a competent authority of a Member State, such processing shall be subject to the provisions of Directive 95/46/EC and of national legislation adopted pursuant to this Directive, including the rules concerning the transfer of personal data to third countries.
2. Additionally, the processing of personal data for the implementation of this Agreement, and in particular the communication of personal data from Pakistan to a Member State and vice versa, shall be subject to the following principles:
(a) |
personal data must be processed fairly and lawfully; |
(b) |
personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose; |
(c) |
personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed, in particular, personal data communicated may concern only the following:
|
(d) |
personal data must be accurate and, where necessary, kept up to date; |
(e) |
personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed; |
(f) |
both the communicating authority and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this Article, in particular because that data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party; |
(g) |
upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom; |
(h) |
personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority; |
(i) |
the communicating and the receiving authorities are under the obligation to make a written record of the communication and receipt of personal data. |
Article 15
Consistency with other legal obligations
1. This Agreement shall be without prejudice to the rights, obligations and responsibilities of the Community, the Member States and Pakistan arising from or under international law, and international treaties to which they are Parties.
2. Nothing in this Agreement shall prevent the return of a person under other bilateral arrangements.
3. This Agreement shall be without prejudice to the remedies and rights available to the person concerned under the laws of the host country including international law.
SECTION VI
IMPLEMENTATION AND APPLICATION
Article 16
Joint Readmission Committee
1. The Parties shall provide each other with mutual assistance in the application and interpretation of this Agreement. To this end, they shall set up a Joint Readmission Committee (hereinafter referred to as the Committee) which will, in particular, have the task of:
(a) |
monitoring the application of this Agreement; |
(b) |
deciding on technical arrangements necessary for its uniform execution, including amendments to Annexes III and IV; |
(c) |
having a regular exchange of information on the implementing Protocols drawn up by individual Member States and Pakistan pursuant to Article 17; |
(d) |
proposing amendments to this Agreement and Annexes I and II. |
2. The decisions of the Committee shall be taken by unanimity and be implemented accordingly.
3. The Committee shall be composed by representatives of the Community and Pakistan. The Community shall be represented by the European Commission, assisted by experts from Member States.
4. The Committee shall meet where necessary at the request of one of the Parties, normally on an annual basis.
5. Disputes which cannot be resolved by the Committee shall be settled through consultations between the Parties.
6. The Committee shall establish its rules of procedure, including establishing a working language common to both Parties.
Article 17
Implementing protocols
1. Pakistan and a Member State may draw up an implementing Protocol which shall cover rules on:
(a) |
the designation of the competent authorities, the border crossing points and the exchange of contact points; |
(b) |
the conditions for escorted returns, including the transit of third country nationals and Stateless persons under escort; |
(c) |
means and documents other than those listed in the Annexes I to IV to this Agreement. |
2. The implementing Protocols referred to in paragraph 1 shall enter into force only after the Committee, referred to in Article 16, has been notified.
Article 18
Relation to bilateral readmission agreements or arrangements of Member States
The provisions of this Agreement shall take precedence over the provisions of any bilateral agreement or arrangement on the readmission of persons residing without authorisation which have been or may, under Article 17, be concluded between individual Member States and Pakistan, in so far as the provisions of the latter are incompatible with those of this Agreement.
SECTION VII
FINAL PROVISIONS
Article 19
Territorial application
1. Subject to paragraph 2, this Agreement shall apply to the territory in which the Treaty establishing the European Community is applicable and the territory of Pakistan.
2. This Agreement shall not apply to the territory of the Kingdom of Denmark.
Article 20
Entry into force, duration and termination
1. This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures.
2. This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in paragraph 1 have been completed.
3. Without prejudice to existing obligations of the Parties under customary international law to take back own nationals, this Agreement, and the Implementing Protocols, shall apply to persons who entered into the territories of Pakistan and the Member States after its entry into force.
4. Either Party may terminate this Agreement at any time by officially notifying the other Party. This Agreement shall cease to apply six months after the date of such notification.
Article 21
Annexes
Annexes I to VI shall form an integral part of this Agreement.
Done at Brussels on the twenty-sixth day of October in the year two thousand and nine 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, each of these texts being equally authentic.
За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen
За Ислямска република Пакистан
Por la República Islámica de Pakistán
Za Pákistánskou islámskou republiku
For Den Islamiske Republik Pakistan
Für die Islamische Republik Pakistan
Pakistani Islamivabariigi nimel
Για την Ισλαμική Δημοκρατία του Πακιστάν
For the Islamic Republic of Pakistan
Pour la République islamique du Pakistan
Per la Repubblica islamica del Pakistan
Pakistānas Islāma Republikas vārdā
Pakistano Islamo Respublikos vardu
A Pakisztáni Iszlám Köztársaság részéről
Għar-Repubblika Iżlamika tal-Pakistan
Voor de Islamitische Republiek Pakistan
W imieniu Islamskiej Republiki Pakistanu
Pela República Islâmica do Paquistão
Pentru Republica Islamică Pakistan
Za Pakistanskú islamskú republiku
Za Islamsko republiko Pakistan
Pakistanin islamilaisen tasavallan puolesta
För Islamiska republiken Pakistan
(1) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
ANNEX I
Common list of documents the presentation of which is considered as evidence of nationality (Articles 2(1) in conjunction with article 6(2))
— |
Genuine passports of any kind (national passports, diplomatic passports, service passports, collective passports and surrogate passports including children’s passports), |
— |
computerised national identity cards, |
— |
genuine citizenship certificates. |
ANNEX II
Common list of documents the presentation of which shall initiate the process for establishing nationality (Article 2(1) in conjunction with article 6(3))
— |
Digital fingerprints or other biometric data, |
— |
temporary and provisional national identity cards, military identity cards and birth certificates issued by the Government of the Requested Party, |
— |
photocopies (1) of any of the documents listed in Annex I to this Agreement, |
— |
driving licences or photocopies (1) thereof, |
— |
photocopies (1) of other official documents that mention or indicate citizenship (e.g. birth certificates), |
— |
service cards, seaman’s registration cards, skipper’s service cards or photocopies (1) thereof, |
— |
statements made by the person concerned. |
(1) For the purpose of this Annex, the term ‘photocopies’ shall mean photocopies officially authenticated by the authorities of Pakistan or the Member States.
ANNEX III
Common list of documents which shall be considered as means of evidence of the conditions for the readmission of third country nationals and stateless persons (Article 3(1) in conjunction with article 7(1))
— |
Entry and/or departure stamps/endorsements in the travel document of the person concerned, |
— |
valid visa and/or residence authorisation issued by the Requested State. |
ANNEX IV
Common list of documents which are considered as means of evidence to initiate the investigations for the readmission of third country nationals and stateless persons (Article 3 in conjunction with article 7(2))
— |
Official statements made, in particular, by border authority staff and other official or bona fide witnesses (e.g. airline staff) who can testify to the person concerned crossing the border, |
— |
description, by the competent authorities of the Requesting State, of the place and circumstances under which the person concerned has been intercepted after entering the territory of the Requesting State, |
— |
information related to the identity and/or stay of a person which has been provided by an international organisation (e.g. UNHCR), |
— |
reports/confirmation of information by family members, |
— |
statement by the person concerned, |
— |
named tickets as well as certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, etc.) which clearly show that the person concerned stayed on the territory of the Requested State; |
— |
named tickets and/or passenger lists of air or boat passages which show the itinerary on the territory of the Requested State, |
— |
information showing that the person concerned has used the services of a courier or travel agency. |
ANNEX V
ANNEX VI
JOINT DECLARATION CONCERNING ARTICLE 1(f)
For the purpose of Article 1(f), the Parties agree that residence authorisation shall not include temporary permissions to remain on their territories in connection with the processing of an asylum application or an application for a residence authorisation.
JOINT DECLARATION CONCERNING ARTICLE 2(1)
The Parties take note that, according to the current Pakistan Citizenship Act, 1951, and the Rules made thereunder, a citizen of Pakistan cannot renounce his citizenship without having acquired or having been given a valid document assuring the grant of citizenship or nationality of another State.
The Parties agree to consult each other as and when the need arises.
JOINT DECLARATION CONCERNING ARTICLE 3
With regard to Article 3, the Parties will endeavour to return, as a matter of principle, any third country national or Stateless person who does not, or who no longer fulfils the conditions in force for entry into, presence in, or residence on the territory of either Party, to his or her country of origin.
JOINT DECLARATION CONCERNING ARTICLE 3(1)(b)
The Parties agree that mere airside transit stays in a third country shall not be considered as ‘having entered another country in-between’ within the meaning of those provisions.
JOINT DECLARATION CONCERNING ARTICLE 8(2)
The Parties agree that, with regard to readmission applications submitted by Member States whose maximum detention period in their national legislation is lower than, or equal to, 30 days, the time limit of 30 calendar days mentioned in Article 8(2) includes, in case of a positive reply to the readmission application, the issuing of the travel document required for his or her readmission in respect of Article 2(2) and Article 3(4) of the Agreement.
JOINT DECLARATION BETWEEN THE EUROPEAN COMMISSION AND PAKISTAN ON LEGAL MIGRATION
In keeping with Pakistan’s interest in benefiting from opportunities for legal migration existing in the Member States of the European Union, the Parties agreed that the application of this Agreement will be instrumental in encouraging individual Member States to offer legal migration opportunities to Pakistani citizens. In this context, the European Commission calls upon Member States to enter into talks with Pakistan, according to their own national legislation, regarding legal migration possibilities of Pakistani citizens.
JOINT DECLARATION ON TECHNICAL ASSISTANCE
The Parties are committed to implement this Agreement on the basis of shared responsibility and a balanced partnership in a spirit of solidarity as regards the management of migratory flows between the European Union and Pakistan.
In this context, the European Union will support Pakistan, through Community assistance programmes, notably the Aeneas Programme, in the implementation of all components of this Agreement, including support aimed at resettlement and welfare of the readmitted persons.
Such support can in principle also cover fostering the links between migration and development, organising and promoting legal economic migration, managing illegal migration, and protecting migrants against exploitation and exclusion.
JOINT DECLARATION CONCERNING DENMARK
The Parties take note that this Agreement does not apply to the territory of the Kingdom of Denmark, nor to nationals of the Kingdom of Denmark. In such circumstances it is appropriate that Pakistan and Denmark conclude a readmission agreement in the same terms as this Agreement.
JOINT DECLARATION CONCERNING ICELAND AND NORWAY
The Parties take note of the close relationship between the European Community and Iceland and Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that Pakistan concludes a readmission agreement with Iceland and Norway in the same terms as this Agreement.
JOINT DECLARATION ON A COMPREHENSIVE DIALOGUE ON MIGRATION MANAGEMENT
The Parties are committed to engage in a comprehensive dialogue on migration management within the framework of the Joint Commission to be established under the EC — Pakistan Third Generation Cooperation Agreement. This dialogue will include visa policies, with a view to facilitating people-to-people exchanges.
ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS
4.11.2010 |
EN |
Official Journal of the European Union |
L 287/68 |
DECISION No 2/2010 OF THE ACP-EU COUNCIL OF MINISTERS
of 21 June 2010
on transitional measures applicable from the date of signing to the date of entry into force 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
(2010/650/EU)
THE ACP-EU COUNCIL OF MINISTERS,
Having regard to 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 (1), as first amended in Luxembourg on 25 June 2005 (2) (hereinafter referred to as ‘the Cotonou Agreement’), and in particular Article 95(3) thereof,
Whereas:
(1) |
The Cotonou Agreement was concluded for 20 years commencing on 1 March 2000. However provision was made for the possibility of amending it through a revision process after each five-year period. |
(2) |
Negotiations for the first amendment of the Cotonou Agreement were concluded in Brussels on 23 February 2005. The Amending Agreement was signed in Luxembourg on 25 June 2005 and entered into force on 1 July 2008. |
(3) |
Negotiations for the second amendment of the Cotonou Agreement were officially launched at the ACP-EU Council of Ministers’ meeting on 29 May 2009 and were concluded in Brussels on 19 March 2010. The Agreement amending for the second time the Cotonou Agreement (hereinafter referred to as ‘the Agreement’), signed in Ouagadougou on 22 June 2010, will enter into force upon completion of the ratification procedures referred to in Article 93 of the Cotonou Agreement. |
(4) |
In accordance with Article 95(3) of the Cotonou Agreement, the ACP-EU Council of Ministers shall adopt transitional measures as necessary to cover the period from the date of signing to the date of entry into force of the Agreement. |
(5) |
The European Union, its Member States and the members of the African, Caribbean and Pacific Group of States (hereinafter referred to as ‘the Parties’) deem it appropriate to provide for the provisional application of the Agreement, to take effect as from the date of its signature. |
(6) |
The Parties will endeavour to complete the ratification process within two years from the date of signature of the Agreement, |
HAS ADOPTED THIS DECISION:
Article 1
Provisional application of the Agreement
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 (hereinafter ‘the Agreement’), shall be provisionally applied from the date of its signature.
Article 2
Implementation of this Decision and entry into force of the Agreement
The Union shall take all necessary measures to ensure the full implementation of this Decision. The Member States of the Union and the members of the African, Caribbean and Pacific Group of States are invited to take the measures they deem appropriate in order to implement this Decision.
The Parties shall endeavour to complete all the necessary procedures to ensure the full entry into force of the Agreement within two years from the date of its signature.
Article 3
Entry into force and validity of this Decision
This Decision shall enter into force on the date on which the Agreement is signed.
It shall apply until the entry into force of the Agreement.
Done at Ouagadougou on 21 June 2010.
For the ACP-EU Council of Ministers
The President
P. BUNDUKU-LATHA
(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 209, 11.8.2005, p. 27.