Revised Cotonou Agreement (2005)

COMMISSION EUROPEAN ET2006 SEPT DE-132 DEVELOPMENT Revised inLuxembourg on25June2005 Signed inCotonouon23June2000 ACP-EC Agreement Partnership Partnership Agreement ACP-EC Signed in Cotonou on 23 June 2000 Revised in Luxembourg on 25 June 2005

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

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

ISBN: 92-79-00567-7

Printed in Belgium, September 2006 THE COTONOU AGREEMENT BENEFITS THE POOREST

The international development agenda: 5 years of the Cotonou Agreement

Much has happened since that historic moment on 23 June 2000 when the ACP-EC Partnership Agreement was signed, marking the beginning of a new era in the relationship between the ACP States and the European Union. The strengthening of the international development agenda has taken place against a background of an accelerated globalisation process, a rise in international terrorism and conflicts in the poorest countries, increased migratory flows and a rise in illicit trafficking and LOUIS MICHEL global environmental threats. Five years after the signature of the Cotonou Agreement the need for European Commissioner progress in development is more pressing today than ever before. for Development and Humanitarian Aid The priority is, and remains, poverty eradication and sustainable development. The European Union is the world’s largest aid donor, responsible for 55% of international aid, the biggest trading partner for the poorest countries, and a key actor in political dialogue, conflict prevention and crisis management on a global scale. The Union is fully aware of its particular responsibility in achieving the Millennium Development Goals and remains firmly committed to strengthening its leadership role in development.

The Cotonou Agreement reflects a strong EU Commitment to Development

In 2005, the EU undertook ambitious commitments to increase its aid effort between now and 2010 and to improve the contribution of non aid polices to the development agenda. The EU is engaged in an important development agenda, which includes better alignment of development policies to the MDG challenges, important growth in development assistance, substantial trade policy contributions such as the “Everything but Arms Initiative”, strengthened efforts to improve aid effectiveness through greater donor harmonisation and coordination and a continued

2005 revised edition | 3 commitment to promoting effective multilateralism. Moreover, for the The ACP States and the Union have agreed to further enhance the polit- first time in over 50 years of development cooperation, the new ical dimension of the partnership by means of a more systematic and Development Policy Statement, the “European Consensus on Development” formal political dialogue based on the well established principles of (approved by the Commission, European Parliament and Council) defines a partnership and ownership. The amendments place greater emphasis common framework, uniting Member States and the Community around on an effective and results-orientated dialogue rendering the provisions common development principles, values and objectives. on good governance, human rights, democratic principles and the rule of law more constructive and operational. The Cotonou Agreement has often been hailed as an exemplary agreement, serving as a model for other EU agreements with third parties. The Agreement was reached to include a reference to cooperation in counter- political dimension of the partnership plays a pivotal role and association ing proliferation of weapons of mass destruction (WMD). This constitutes of civil society and other stakeholders has contributed to enhancing the a real break-through in the area of international relations, reflecting the effectiveness of our cooperation. The key objective of developing a more common commitment of 78 ACP countries and 25 EU Member States to strategic common approach to poverty reduction must continue to be combating the proliferation of WMD. There was also agreement to include steadily promoted. The social, economic, political, cultural and environ- a reference to the International Criminal Court and the Statute of Rome mental aspects of sustainable development are integrated throughout which demonstrates partners’ common commitment to the institutions of the Agreement, reflecting the relevant international commitments taken global governance. Furthermore, the revised agreement provides for a by EU and ACP partners. Moreover, in line with WTO requirements, steady clause which confirms ACP-EC international cooperation in the fight progress is being made on putting into place an innovative economic and against terrorism. trade cooperation framework aimed at abolishing trade obstacles and promoting the gradual integration of ACP countries into the global econ- My personal commitment to development and my great appreciation of omy. Efficiency in financial cooperation must continue to improve greater the ACP-EC partnership have been enhanced by the positive and bene- responsiveness in the framework of the programming process and ficial cooperation I have experienced in the framework of the Cotonou through improved capacity to respond to crises. Agreement. I believe that this partnership will continue to play a key role in helping us achieve the many challenges which lie ahead. Towards a more effective political dialogue

The negotiation of the first five-year revision of the Agreement provided a good opportunity to further improve and deepen the partnership. Following 10 months of intense negotiations, a global agreement was reached and the revised Agreement was signed on 25 June 2005 in Luxembourg.

The approach to the review process was first to consolidate the fundamental “acquis” of the Cotonou Agreement and second, to take stock and improve the effectiveness and quality of the ACP-EC partnership. Accordingly, the revision process has resulted in improved implementation arrangements and the introduction of new security-related provisions.

4 | Partnership Agreement ACP-EC 2005 revised edition | 5 THE REVISED ACP-EC PARTNERSHIP AGREEMENT: PERSPECTIVES FOR THE FUTURE

In its projected lifespan of twenty years, the ACP-EC Partnership Agreement will undergo a review process every five years to ensure it is kept updated and responsive to the global environment that frames ACP- EU relations. The first such review, completed at the Special Meeting of the ACP-EC Council of Ministers convened for that purpose on 23 February, 2005, took place within two years of the entry into force of the Partnership Agreement. With the pace of ratification of the revised agreement likely to be at least as slow as that of the original agreement, the second review might well reflect an inadequate experience of the operationalization of the new commitments and procedures adopted by the Council. At the very H.E. AMBASSADOR EVADNE COYE outset, then, this article advocates the earliest possible ratification by both EC and ACP States, in demonstration of the continuing significance of their Head of the Mission of Jamaica to the EC exemplary north-south partnership. Troïka Member Committee of Ambassadors Bureau Political perspective ACP Group A motivating force in the ACP approach to the review process was the need to forge an authentic spirit of partnership with the EC. Realistically, there would be no escaping the fact that the EC is the dominant partner. Still, the Cotonou Partnership Agreement provided a strong basis for the enhanced interaction that the ACP sought with the EC. It was logical, therefore, that their most important amendments to the Agreement were aimed at strengthening their role in the EC’s political dialogue and consultations with members of the ACP Group. That strengthened role would also facilitate intra-ACP political dialogue and heighten the relevance of ACP initiatives in the search for durable solutions to the conflicts that bedevil several members of the Group.

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

6 | Partnership Agreement ACP-EC 2005 revised edition | 7 meaningful role in the consultations between those countries and the national and regional security systems. Additionally, for the agreement EC. The revised Agreement provides the appropriate framework for in respect of WMD to have any value, the EC has to make good its com- ACP-EC collaboration to help the countries concerned. Whereas the mitment that “Financial and technical assistance in the area of cooper- consultations under the original Cotonou Agreement were viewed by ation to counter the proliferation of weapons of mass destruction will the ACP in general as punitive, the new framework allows the process to be financed by specific instruments other than those intended for the be more about dealing with the root causes of conflicts and the estab- financing of ACP-EC Cooperation”. (Article 11b, paragraph 2) lishment of confidence-building measures, towards a lasting solution. Development perspective This is an area of the partnership where ACP peer-group initiatives can usefully underpin the EC’s mediatory actions. Greater benefits can be The revision has not changed the centrality of the objective of poverty gained from the combination of human and material resources, than reduction, sustainable development and progressive integration of through separate action. However, this can only happen on the basis of ACP states into the global economy. However, it identifies the mutual trust and respect. The ACP will have to demonstrate that our Millennium Development Goals (MDGs) and the targets and principles solidarity will neither cause us to deny nor ignore violations within our for development set by United Nations Conferences, as the guiding membership. The EC will have to acknowledge the capacity of the ACP light for ACP-EC cooperation. It also introduces a new twist: the possi- for real partnership in the search for peace and security within the bility for non-ACP developing countries in geographical proximity to -- Group’s membership. or in regional arrangements with -- ACP states to participate with such states in EC funded projects. This is in keeping with the EC’s own poli- Security perspective cy of regionalising development cooperation. Implementation will be a The issues which caused the greatest difficulty for the ACP during the challenge for the ACP Group, whose unity and solidarity must also face negotiations were the EC’s proposals in the realm of international secur- the regionalization resulting from the Economic Partnership ity. Admittedly, the ACP was able to fairly easily negotiate the proposal Agreements (EPAs) to be concluded by the end of 2007. for joint commitment to the global fight against terrorism and the EC fairly readily accepted the ACP’s proposal for collaboration against mer- ACP states expect that the changes in the rules and procedures govern- cenaries. However, there was prolonged debate on the EC’s proposals in ing cooperation will permit greater efficiency and effectiveness in respect of the International Criminal Court and also for cooperation delivery and implementation. We are deeply concerned that for many against the proliferation of weapons of mass destruction (WMD) to of our Group prospects for achieving the MDGs are bleak. It is therefore become an essential element of the Agreement. Consensus was essential that EC development support be not only adequate, including reached some might say, as a result of the EC’s status as dominant part- for the development-centred EPAs, but also contribute to the acceler- ner in the negotiations; others will state that what was at issue was not ated development of ACP states. the final objective (universality of the ICC and the non-proliferation of WMD), but the means and that the amendments negotiated made the means acceptable.

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

8 | Partnership Agreement ACP-EC 2005 revised edition | 9 THE COTONOU AGREEMENT

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

The agreement, signed in Cotonou on 23 June 2000 for a period of twenty years and revised in 2005, builds on the acquis of thirty years of experience. The successive Lomé Conventions had provided a unique model of North/South relations, combining a negotiated system of trade preferences and considerable amounts of aid. Yet the results had been mixed. Evaluations of Community aid to the ACP countries often demonstrated that insufficient account had been taken of the institutional and policy context in the partner country, and this had too often undermined the viability and effectiveness of cooperation. The impact of non- reciprocal trade preferences had also proven disappointing. The rise in private direct investment flows to the developing countries over Françoise MOREAU the previous two decades had not benefited the majority of ACP countries. Although the farsightedness and the contractual nature of the Head of Unit Lomé Conventions were acquis worth preserving, there was also an obvious need to adapt to international and regional developments. The Forward looking studies and policy coherence rise in poverty in a number of countries, demographic development and European Commission environmental pressures meant that objectives and cooperation prac- Directorate-General Development and tices needed to be substantially reviewed. Relations with African, Caribbean and Pacific States The Cotonou Agreement tried to provide responses to these challenges. It was elaborated following a broad public consultation launched in 1996 on the basis on the Commission Green Paper on the future of relations between the European Union and the ACP countries. Wide-ranging public debate made it possible to assess the expectations and changes needed to bring a new dynamic to these relations and create a modern, authentic and efficient partnership.

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

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

10 | Partnership Agreement ACP-EC 2005 revised edition | 11 This approach is inherent to the consolidation of democracy, and can The revision process did not call into question the fundamental acquis of improve the effectiveness and viability of cooperation policies. In the the Cotonou Agreement. The objectives were rather to enhance the effect- revised version of the Agreement this participatory dimension has also iveness and quality of the ACP-EC partnership, to ensure its consistency been further defined. with the new international agenda for development, to further deepen the political dimension of the partnership and to broaden the cooperation The Cotonou Agreement (2000) framework in order to include new important security issues. The revised The ACP-EC partnership makes a clear link between the political dimen- provisions can be broadly grouped under four headings: the political sion, trade and development. It is based on five pillars: dimension and security issues, development strategies, Investment • reinforcement of the political dimension of relations between ACP Facility and implementation and management procedures. countries and the European Union; • involvement of civil society, the private sector and other non-State players; Significant evolutions in the Agreement: • poverty reduction, confirmed as a key objective within the context of from Cotonou 2000 to the revision of 2005 the objectives and targets agreed at international level (in particular the Millennium Development Goals); – The initial political dimension (2000) • an innovative economic and trade cooperation framework; • rationalisation of financial instruments and a system of flexible Regular political dialogue should promote the consistency and relevance programming. of ACP-EC cooperation strategies and make it possible to address all issues of mutual interest. Important matters such as peace-building and The agreement was concluded for twenty years, with a clause allowing conflict-prevention policies, and migration, were deliberately introduced for revision every five years and a financial protocol for each five-year into the Agreement in 2000. Respect for human rights, democratic prin- period. As regards the trade agreements, a specific timetable was ciples, the rule of law, and good governance are subjects for regular dia- agreed between the parties, anticipating the various stages leading to logue where regional and sub-regional organisations and representatives the effective setting-up of the new arrangements. Certain aspects of of civil society can be associated. The Joint Parliamentary Assembly is the Agreement, particularly the sectoral policy guidelines defined in a called upon to play a particularly important role in such areas. “Compendium” or the procedures for implementing financial assistance Consultation procedures are envisaged in the event of violation of human contained in the annexes, can be adapted on a regular basis if neces- rights, democratic principles and the rule of law, or in serious cases of sary. The ACP-EC council of Ministers, which in principle meets once a year corruption. is responsible for adaptations. This approach embodies the dynamic nature of the partnership and provides for greater flexibility in the cooper- – The political dimension: enlarged to include security issues (2005) ation system. The revised Cotonou Agreement (2005) The political dimension The Cotonou Agreement contains a revision clause (article 95) which The revised Agreement makes provision for a more systematic and for- foresees that the Agreement can be adapted every five years (with the mal dialogue under article 8 in relation to the three essential elements exception of the economic and trade provisions, for which there is a (human rights, democratic principles and the rule of law). Furthermore, special review procedure). In accordance with Article 95, at the end of this dialogue must now be held before the consultation procedure February 2004, EC and ACP partners notified the provisions of the under Article 96 can be launched - except in cases of special urgency. Agreement they wished to amend. The negotiations were launched at Representatives of the ACP Group and of the Joint Parliamentary the ACP-EC Council of Ministers in Gaborone in May 2004 and were con- Assembly may henceforth take part in the political dialogue provided cluded at a ministerial meeting in Brussels on 23 February 2005. The for under Article 8. These provisions are complemented by a new revised Agreement was signed in Luxembourg on 25 June 2005. Annexe VII setting out detailed modalities for the structured dialogue.

12 | Partnership Agreement ACP-EC 2005 revised edition | 13 In keeping with the preventive nature of the dialogue provided for under assessed in particular on the basis of reports produced by the relevant Article 8, a formal, structured dialogue must now be held with each multilateral institutions. country. Annexe VII lays down detailed modalities for this dialogue: Partners also agreed to inclusion of a provision on the International • it provides for joint drawing-up of benchmarks and targets for human Criminal Court and the Statute of Rome in the preamble as well as in the rights, democratic principles and the rule of law; text of the Agreement (Article 11 §6). • these benchmarks and targets must be based on the international standards laid down by the instruments referred to in the preamble Furthermore, the revised Agreement includes a clause which confirms part- (Universal Declaration of Human Rights, agreements on civil and ners’ international cooperation in the fight against terrorism (Article 11a) and political, economic, social and cultural rights, the Convention on the a provision relating to the prevention of mercenary activities (Article 11§3a). Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of – Civil society and the participatory approach (2000) all Forms of Racial Discrimination, etc.); The general provisions aim to promote the involvement of civil society • these benchmarks and objectives must take account of the particular and economic and social players within the context of the partnership. circumstances in each country (economic, political and social context). They stress the need for information; support for capacity building; the principle of consultation of non-state players on reforms and economic, This structured dialogue should lead to greater transparency and social and institutional policies to be supported by the Community; should strengthen the efficiency of political dialogue as a preventive involvement of non-State actors in the implementation of programmes tool. It should result in commitments with regard to intermediate object- and projects; and the encouragement of networking and strengthening ives and implementation timelines. An in-depth dialogue of this kind of links between ACP and EC actors. requires regular contacts and must continue over a sufficiently long period to enable progress to be measured against the commitments – 2005 Revision: deepening of participatory approaches undertaken. If, at the end of the formal dialogue, one party believes that the other has failed to respect an essential obligation, it can invoke the The revision related to: consultation procedure and, if necessary, the appropriate measures • Non-state actors: insertion of provisions to facilitate non-state actor provided for under Article 96. The time-frames for consultations under access to indicative programme resources, under a strategy to be Articles 96 and 97 have also been extended. approved by the Commission and the ACP State concerned. These actors can benefit directly from financing via grant contracts drawn up Security issues between the Commission and the body in question. This will apply ACP-EC partners agreed on the introduction of three security-related provided that the types of non-state actors and the type of activities provisions into the Agreement. This includes a reference to cooperation to be supported are identified in the country strategy paper (Annexe in countering proliferation of weapons of mass destruction (WMD) IV, Articles 4 and 58); (Article 11b). The provision calls for full compliance with and national • Local authorities : insertion of a provision aiming at involving them in implementation of existing international obligations, as an essential the consultation processes and in the implementation of programmes element of the Cotonou Agreement. The provision also contains: (1) a (Article 4); statement that additional financial and technical assistance will be granted for cooperation on non-proliferation of WMD and that this will – Development strategies: focus on poverty reduction (2000) not be funded from resources intended for ACP-EC development cooperation; (2) a statement specifying that the timetable for such measures The partnership is centred on the objective of reducing and, in the long will be tailored to the specific circumstances in each country and (3) a term, eradicating poverty, in line with the objectives of sustainable provision whereby compliance with non-proliferation measures must be development and progressive integration of the ACP countries into the

14 | Partnership Agreement ACP-EC 2005 revised edition | 15 global economy. The Agreement defines a general strategic framework • Traditional knowledge: promotion of traditional knowledge as part of reflecting international commitments and simultaneously taking into sectoral economic development (article 23); account the political, economic, social, cultural and environmental compo- • Island ACP States: strengthening of existing provisions on island ACP nents of development. In contrast to previous Conventions, the Cotonou States, emphasising their increased vulnerability brought about new Agreement defines a global strategy for development which requires the economic, social and ecological challenges and promoting a har- Community, Members States and ACP partners to work together to estab- monised approach in this respect (article 89). lish a consolidated and operational cooperation framework. This includes qualitative and quantitative indicators to allow systematic evaluation of – The trade framework results. Within the context of the Lomé convention, trade cooperation was based essentially on preferential tariffs. Under the Cotonou Agreement, eco- This approach takes into account the complexity and multi-dimensional nomic and trade cooperation consists of a more complete set of arrange- nature of poverty. It concentrates on three priority areas of cooperation: ments. The EC and the ACP counties agreed on an approach which aims economic development; social and human development; and regional to establish new trade agreements leading to the liberalisation of trade integration and cooperation. In all these areas it envisages the systematic between the parties and which includes cooperation in trade related consideration of three cross-cutting themes: gender equality, sustainable areas, such as competition policy, the protection of intellectual poverty management of the environment and natural resources; and institutional rights, standardisation and certification, sanitary and phytosanitary meas- development and capacity-building. This approach means that priorities ures, respect for labour standards, and consumer policy. The Agreement are established on a country-by-country basis. Country and regional also includes provisions for ACP-EC cooperation in international fora. cooperation strategies are the subjects of regular reports and are reviewed on a regular basis. The objective of economic and trade cooperation is to promote the progressive integration of the ACP countries into the global economy, by – Development strategies: the results of the revision (2005) enhancing production and the capacity to attract investment, and ACP and EC partners proposed a series of amendments relating to sec- ensuring conformity with WTO provisions, whilst taking account of toral strategies and agreement was reached on all the proposals. This respective development constraints. The strategy adopted establishes included, in particular, specific references to the following elements: a clear link between development aid, particularly support for modernisation of the economy, for adjustment needs and for social policies on • Millennium Development Goals: inclusion of a reference to the MDGs the one hand, and the setting-up of a regulatory and trade-policy frame- in the preamble of the Agreement which reaffirms partners’ commit- work to favour the development of trade and private investment on the ment to those goals (see annexe); other. The ACP-EC Agreement aims to support the mutually reinforcing • Social sector: inclusion of a reference to the promotion of the fight effects of economic and trade cooperation and development aid. against poverty-related diseases and protection of sexual and reproductive health and rights of women (article 25); As regards modalities and procedures, the ACP-EC agreement foresees the introduction of new trade agreements after a preparatory eight- • Regional Cooperation (articles 28, 29, 30, 58, annexe IV): simplifica- year period during which the Lomé trade regime is maintained. Formal tion of procedures to request intra-ACP financing and facilitation of negotiation of EPAs at the level of all ACP countries started in cooperation between ACP States and other developing countries on September 2002. Since October 2003 regional negotiations with the the basis of reciprocity; six regions (West Africa, Central Africa, Eastern and Southern Africa, • Information and communication technologies: introduction of a provi- the Southern African Development Community, Caribbean, & Pacific) sion on the development and use of local content for ICTs (article 43); have been progressively launched. Joint roadmaps or plans and sched- • Youth: promotion of the participation of young people in public life ules were developed with each region to outline the expected course and encouragement of exchanges and interaction between ACP and of the negotiations. The new trade agreements should enter into force EU youth organisations (article 26); in January 2008 at the latest. The liberalisation of trade will be

16 | Partnership Agreement ACP-EC 2005 revised edition | 17 achieved asymmetrically to give more time to ACP countries during involve adaptation of the level of resources allocated to each country or transitional periods still to be determined, but which must take into region on the basis of needs and performance. The revised Cotonou account the development and adjustment needs of the ACP countries Agreement gives further opportunities to revise allocations in order to whilst respecting WTO rules. respond to special needs or exceptional performance. This approach makes it possible to provide more effective support to efforts at reform The Community has undertaken to liberalise practically all imports of in certain countries, and to prevent resources being frozen in others. products originating from the LDCs. In February 2001, the Council adopt- Such flexibility has been further increased in the revised Cotonou ed the ’Everything But Arms’ Regulation granting duty-free access to Agreement in 2005. imports of all products from LDCs without any quantitative restrictions, except for arms and munitions. Only imports of fresh bananas, rice and The involvement of Non-State Actors through dialogue and consultation sugar are not fully liberalised immediately. Duties on those products will on development cooperation strategies and through their active be gradually reduced until duty free access is granted for bananas in participation in the implementation of cooperation programmes is a January 2006, for sugar in July 2009 and for rice in September 2009. In clearly established principle in the Cotonou Agreement. the meantime, there will be duty free tariff quotas for rice and sugar. Regional programmes are also subject to a flexible programming – Financial cooperation: instruments and programming (2000) system and are re-examined at mid-term and at the end of the 5-year period. Particular account is taken of progress made and prospects for In 2000, the instruments of the European development fund (EDF) were future regional cooperation and integration. regrouped and rationalised. All available EDF resources are now channelled via two instruments: one envelope which groups together all non- – The revised implementation and management procedures (2005) reimbursable aid, and one envelope providing risk capital and loans with a A number of amendments were introduced with the threefold objective view to supporting the development of the private and commercially run of simplification, clarification and harmonisation, while preserving the public sector through an investment facility managed by the European fundamental acquis of the Cotonou Agreement. At the ministerial con- Investment Bank (EIB). The envelope of non-reimbursable aid comprises a ference concluding the negotiations on the revision of the Cotonou programmable part and a part for unforeseen needs which allows for the Agreement, it was decided that the Joint Council will finalise discus- mobilisation of supplementary resources within the framework of the sions and take a decision on the updating and renewed harmonisation Community Support Strategy and of the Indicative Programme. A system of the procurement procedures and of the implementing arrangements of flexible programming with regular reviews allows the support strategy for the instrument for financing short-term fluctuations in export earn- to be periodically adapted as the situation in the country or region evolves. ings (FLEX). The revised provisions include: The consolidation of the various EDFs in 2000 made it possible to avoid parallel programming systems. • Greater flexibility in the allocation of resources; in particular, this implies to maintain a larger reserve when resources are allocated and The use of budget support - general or for specific sectors - is being the possibility of increasing the amounts in national and regional encouraged where conditions allow. This aid modality best respects the envelopes other than through the reviews planned for that purpose, in primary responsibility of the partner country in the development the light of special needs, exceptional performance, or to cover process (ownership) and facilitates harmonisation and alignment. international initiatives of benefit to the ACP countries (Annexe IV, Articles 3, 9, 12); The allocation of resources is based on an assessment of needs and • Financial management in crisis or conflict situations; possibility to allow policy performance. Five-yearly financial envelopes are defined on an the Commission to directly manage resources for policies to promote indicative basis. A review of the support strategy, at mid-term and at the peace and to manage and settle conflicts, including post-conflict support, end of the period for application of the financial protocol, may also until normal conditions have been restored (Annexe IV, Article 4);

18 | Partnership Agreement ACP-EC 2005 revised edition | 19 • Support for initiatives on untying of aid; in particular in the framework the basis of Community estimates. This minimum aid effort is guaran- of ACP cooperation and regional integration efforts (Annexe IV, Articles teed without prejudice to the eligibility of ACP states’ for additional 6, 14, 20); resources under other financial instruments which already exist or may • Reformulation of the responsibilities of managing and executing yet be created. agents; strengthening the strategic role of the national authorising officer; rewording of the texts relating to the internal organisation of At the European Council of 16 December 2005, the EDF 9 successor the Commission, which is prone to change regularly in the context of was agreed. Cooperation with the ACP countries will be allocated the devolution process (Annexe IV, Articles 34, 35, 36); €22,682 million in current prices for the period 2008-2013. • A number of changes aimed at simplifying procedures; • Financing devolution; the purpose of the new provision is to enable €90 million of intra-ACP cooperation resources to fund devolution in 2006-07 (Annexe I §9).

– Investment Facility: improvements (2005)

In order to make implementation of the investment Facility more flexible and more effective, a number of changes were made concerning the conditions attached to loans and interest-rate subsidies, exchange- rate-risk-sharing and repayments to the Bank. In addition, as is the case for resources managed by the Commission, the investment facility is now subject to a joint performance review half-way through (mid-term) and at the end of the financial protocol.

– Initial financial resources (2000)

A significant volume of financial resources had been earmarked for the first multi-annual period to support development strategies in the ACP countries: €13.5 billion for the 9th EDF, plus €9.9 billion in remaining balances from previous EDFs at the end of 1999, ie a total of €23.5 billion for the period 2000-2007, plus an additional amount up to €1.7 billion from the EIB’s own resources.

– The new Multi-annual Financial Framework (2005)

At the final ministerial conference, the parties reached a preliminary conclusion on the post 9th EDF multi-annual financial framework for cooperation (Annexe Ia). The Community committed to maintaining its aid effort to the ACP countries at least at the level of the 9th EDF, not including balances and adding the effects of inflation, growth within the European Union and enlargement to 10 new Member States in 2004, on

20 | Partnership Agreement ACP-EC 2005 revised edition | 21 MILLENNIUM DEVELOPMENT GOALS, TARGETS AND INDICATORS (MDGS) Goals and Targets Indicators for monitoring Goals and Targets Indicators for monitoring (from the Millennium progress (from the Millennium progress Declaration) Declaration)

Goal 1. Eradicate extreme poverty and hunger Goal 6. Combat hiv/aids, malaria and other diseases Target 1: Halve, between 1990 and 2015, 1. Proportion of population below $1 (PPP) Target 7: Have halted by 2015 and begun 18. HIV prevalence among pregnant the proportion of people whose per day to reverse the spread of HIV/ AIDS women aged 15-24 years income is less than one dollar a 2. Poverty gap ratio [incidence x depth of 19. Condom use rate of the contraceptive day poverty] prevalence rate 3. Share of poorest quintile in national 19a. Condom use at last high-risk sex consumption 19b. Percentage of population aged Target 2: Halve, between 1990 and 2015, 4. Prevalence of underweight children 15-24 years with comprehensive the proportion of people who suf- under-five years of age correct knowledge of HIV/AIDS fer from hunger 5. Proportion of population below minimum 19c. Contraceptive prevalence rate level of dietary energy consumption 20. Ratio of school attendance of orphans to school attendance of non- Goal 2. Achieve universal primary education orphans aged 10-14 years Target 3: Ensure that, by 2015, children 6. Net enrolment ratio in primary education Target 8: Have halted by 2015 and begun 21. Prevalence and death rates associ- everywhere, boys and girls 7. Proportion of pupils starting grade 1 who to reverse the incidence of malaria ated with malaria alike, will be able to complete a reach grade 5 and other major diseases 22. Proportion of population in malaria- full course of primary schooling 8. Literacy rate of 15-24 year-olds risk areas using effective malaria prevention and treatment measures Goal 3. Promote gender equality and empower women 23. Prevalence and death rates associa- Target 4: Eliminate gender disparity in 9. Ratios of girls to boys in primary, ted with tuberculosis primary and secondary educa- secondary and tertiary education 24. Proportion of tuberculosis cases detected tion, preferably by 2005, and in 10. Ratio of literate women to men, and cured under directly observed treat- all levels of education no later 15-24 years old ment short course DOTS (Internationally than 2015 11. Share of women in wage employment recommended TB control strategy) in the non-agricultural sector 12. Proportion of seats held by women in Goal 7. Ensure environmental sustainability national parliament Target 9: Integrate the principles of sus- 25. Proportion of land area covered by forest tainable development into 26. Ratio of area protected to maintain Goal 4. Reduce child mortality country policies and pro- biological diversity to surface area Target 5: Reduce by two-thirds, between 13. Under-five mortality rate grammes and reverse the loss of 27. Energy use (kg oil equivalent) per 1990 and 2015, the under-five 14. Infant mortality rate environmental resources $1 GDP (PPP) mortality rate 15. Proportion of 1 year-old children 28. Carbon dioxide emissions per capita immunised against measles and consumption of ozone depleting CFCs (ODP tons) Goal 5. Improve maternal health 29. Proportion of population using solid fuels Target 6: Reduce by three-quarters, 16. Maternal mortality ratio Target 10: Halve, by 2015, the proportion 30. Proportion of population with sus- between 1990 and 2015, the 17. Proportion of births attended by skilled of people without sustainable tainable access to an improved water maternal mortality ratio health personnel access to safe drinking water source, urban and rural and basic sanitation 31. Proportion of population with access to improved sanitation, urban and rural Target 11: By 2020, to have achieved a sig- 32. Proportion of households with access nificant improvement in the lives of to secure tenure at least 100 million slum dwellers

22 | Partnership Agreement ACP-EC 2005 revised edition | 23 Goals and Targets Indicators for monitoring Goals and Targets Indicators for monitoring (from the Millennium progress (from the Millennium progress Declaration) Declaration)

Goal 8. Develop a global partnership for development Target 16: In cooperation with developing 45. Unemployment rate of young people Target 12: Develop further an open, rule- Some of the indicators listed below are countries, develop and imple- aged 15-24 years, each sex and total based, predictable, non-dis- monitored separately for the least devel- ment strategies for decent and criminatory trading and financial oped countries (LDCs), Africa, landlocked productive work for youth system developing countries and small island developing States Target 17: In cooperation with pharmaceut- 46. Proportion of population with access Includes a commitment to good ical companies, provide access to affordable essential drugs on a Official development assistance (ODA) governance, development and to affordable essential drugs in sustainable basis 33. ANet ODA, total and to the least devel- poverty reduction - both nationally developing countries and internationally. oped countries, as percentage of OECD/ DAC donors’ gross national income Target 18: In cooperation with the private 47. Telephone lines and cellular sub- Target 13: Address the special needs of 34. Proportion of total bilateral, sector- sector, make available the benefits scribers per 100 population the least developed countries allocable ODA of OECD/DAC donors to of new technologies, especially 48. Personal computers in use per 100 basic social services (basic educa- information and communications population Internet users per 100 Includes: tariff and quota free access tion, primary health care, nutrition, population for the least developed countries’ safe water and sanitation) exports; enhanced programme of 35. Proportion of bilateral official devel- debt relief for heavily indebted poor opment assistance of OECD/DAC countries (HIPC) and cancellation of The Millennium Development Goals and targets come from the Millennium Declaration, official bilateral debt; and more donors that is untied signed by 189 countries, including 147 heads of State and Government, in September 2000. generous ODA for countries 36. ODA received in landlocked develop- The goals and targets are interrelated and should be seen as a whole. They represent a part- committed to poverty reduction. ing countries as a proportion of their nership between the developed countries and the developing countries “to create an envi- gross national incomes ronment - at the national and global levels alike - which is conducive to development and Target 14: Address the special needs of land- 37. ODA received in small island develop- the elimination of poverty”. locked developing countries and ing States as a proportion of their small island developing States gross national incomes Market access (through the Programme of Action for the Sustainable Development of 38. Proportion of total developed country Small Island Developing States and imports (by value and excluding arms) the outcome of the twenty-second from developing countries and least devel- special session of the General oped countries, admitted free of duty Assembly). 39. Average tariffs imposed by developed countries on agricultural products and Target 15: Deal comprehensively with the textiles and clothing from developing debt problems of developing countries countries through national and 40. Agricultural support estimate for OECD international measures in order countries as a percentage of their gross to make debt sustainable in the domestic product long term 41. Proportion of ODA provided to help build trade capacity Debt sustainability 42. Total number of countries that have reached their HIPC decision points and number that have reached their HIPC completion points (cumulative) 43. Debt relief committed under HIPC Initiative 44. Debt service as a percentage of exports of goods and services 24 | Partnership Agreement ACP-EC 2005 revised edition | 25 LIST OF COUNTRIES SIGNATORIES OF THE ACP-EC AGREEMENT AMENDING THE PARTNERSHIP AGREEMENT

Information for readers

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

Please note that only the text of the Agreement amending the Partnership Agreement published in the paper edition of the Official Journal of the European Communities is deemed authentic. O.J. L 317, 15 December 2000 IN O.J. L 297, 22 September 2004 O.J. L 209, 11 August 2005 LUXEMBOURG O.J. L 287, 28 October 2005 O.J. L 247, 09 September 2006 ON 25 JUNE 2005

26 | Partnership Agreement ACP-EC 2005 revised edition | 1 HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF SLOVENIA, CAPE VERDE, GUINEA-BISSAU, THE PRESIDENT OF THE CZECH REPUBLIC, THE PRESIDENT OF THE SLOVAK THE PRESIDENT OF THE CENTRAL THE PRESIDENT OF THE REPUBLIC OF HER MAJESTY THE QUEEN OF DENMARK, REPUBLIC, AFRICAN REPUBLIC, EQUATORIAL GUINEA,

THE PRESIDENT OF THE FEDERAL THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE ISLAMIC THE PRESIDENT OF THE REPUBLIC OF REPUBLIC OF GERMANY, FINLAND, FEDERAL REPUBLIC OF THE COMOROS, GUYANA,

THE PRESIDENT OF THE REPUBLIC OF THE GOVERNMENT OF THE KINGDOM OF THE PRESIDENT OF THE DEMOCRATIC THE PRESIDENT OF THE REPUBLIC OF ESTONIA, SWEDEN, REPUBLIC OF CONGO, HAITI,

THE PRESIDENT OF THE HELLENIC HER MAJESTY THE QUEEN OF THE THE PRESIDENT OF THE REPUBLIC OF THE HEAD OF STATE OF JAMAICA, REPUBLIC, UNITED KINGDOM OF GREAT BRITAIN CONGO, AND NORTHERN IRELAND, THE PRESIDENT OF THE REPUBLIC OF HIS MAJESTY THE KING OF SPAIN, THE GOVERNMENT OF THE COOK KENYA, Contracting Parties to the Treaty ISLANDS, THE PRESIDENT OF THE FRENCH establishing the European Community, THE PRESIDENT OF THE REPUBLIC OF REPUBLIC, hereinafter referred to as THE PRESIDENT OF THE REPUBLIC OF KIRIBATI, "the Community", the States of the CÔTE D’IVOIRE, THE PRESIDENT OF IRELAND, Community being hereinafter referred HIS MAJESTY THE KING OF THE to as "Member States", and THE PRESIDENT OF THE REPUBLIC OF KINGDOM OF LESOTHO, THE PRESIDENT OF THE ITALIAN DJIBOUTI, REPUBLIC, THE EUROPEAN COMMUNITY, THE PRESIDENT OF THE REPUBLIC OF THE GOVERNMENT OF THE LIBERIA, THE PRESIDENT OF THE REPUBLIC OF of the one part, and COMMONWEALTH OF DOMINICA, CYPRUS, THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE DOMINICAN MADAGASCAR, THE PRESIDENT OF THE REPUBLIC OF ANGOLA, REPUBLIC, LATVIA, THE PRESIDENT OF THE REPUBLIC OF HER MAJESTY THE QUEEN OF ANTIGUA THE PRESIDENT OF THE STATE OF MALAWI, THE PRESIDENT OF THE REPUBLIC OF AND BARBUDA, ERITREA, LITHUANIA, THE PRESIDENT OF THE REPUBLIC OF MALI, THE HEAD OF STATE OF THE THE PRESIDENT OF THE FEDERAL HIS ROYAL HIGHNESS THE GRAND DUKE COMMONWEALTH OF THE BAHAMAS, DEMOCRATIC REPUBLIC OF ETHIOPIA, THE GOVERNMENT OF THE REPUBLIC OF OF LUXEMBOURG, THE MARSHALL ISLANDS, THE HEAD OF STATE OF BARBADOS, THE PRESIDENT OF THE SOVEREIGN THE PRESIDENT OF THE REPUBLIC OF DEMOCRATIC REPUBLIC OF FIJI, THE PRESIDENT OF THE ISLAMIC HUNGARY, HER MAJESTY THE QUEEN OF BELIZE, REPUBLIC OF MAURITANIA, THE PRESIDENT OF THE GABONESE THE PRESIDENT OF MALTA, THE PRESIDENT OF THE REPUBLIC OF REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF BENIN, MAURITIUS, HER MAJESTY THE QUEEN OF THE THE PRESIDENT AND HEAD OF STATE OF NETHERLANDS, THE PRESIDENT OF THE REPUBLIC OF THE REPUBLIC OF THE GAMBIA, THE GOVERNMENT OF THE FEDERATED BOTSWANA, STATES OF MICRONESIA, THE FEDERAL PRESIDENT OF THE THE PRESIDENT OF THE REPUBLIC OF REPUBLIC OF AUSTRIA, THE PRESIDENT OF BURKINA FASO, GHANA, THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE, THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF HER MAJESTY THE QUEEN OF GRENADA, POLAND, BURUNDI, THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF NAMIBIA, THE PRESIDENT OF THE PORTUGUESE THE PRESIDENT OF THE REPUBLIC OF GUINEA, REPUBLIC, CAMEROON, THE GOVERNMENT OF THE REPUBLIC OF NAURU,

2 | Partnership Agreement ACP-EC 2005 revised edition | 3 THE PRESIDENT OF THE REPUBLIC OF HIS MAJESTY THE KING OF THE CONSIDERING that Article 95(1) of the HIS MAJESTY THE KING OF SPAIN, NIGER, KINGDOM OF SWAZILAND, Cotonou Agreement lays down that the Alberto NAVARRO GONZALEZ duration of the Agreement shall be State Secretary for the European Union THE PRESIDENT OF THE FEDERAL THE PRESIDENT OF THE UNITED twenty years, starting on 1 March 2000, REPUBLIC OF NIGERIA, REPUBLIC OF TANZANIA, THE PRESIDENT OF THE FRENCH CONSIDERING that the second REPUBLIC, THE GOVERNMENT OF NIUE, THE PRESIDENT OF THE REPUBLIC OF subparagraph of Article 95(3) of the Brigitte GIRARDIN CHAD, Cotonou Agreement provides that ten Minister with responsibility for THE GOVERNMENT OF THE REPUBLIC OF months before the expiry of each five- Cooperation, Development and the PALAU, THE GOVERNMENT OF THE DEMOCRATIC year period, the Parties shall enter into French-speaking World REPUBLIC OF TIMOR-LESTE, negotiations with a view to examining HER MAJESTY THE QUEEN OF THE any possible amendments to the THE PRESIDENT OF IRELAND, INDEPENDENT STATE OF PAPUA NEW THE PRESIDENT OF THE TOGOLESE provisions of the Cotonou Agreement, Ronan MURPHY GUINEA, REPUBLIC, Director General, Development HAVE DECIDED to sign this Agreement Cooperation Directorate, Department of amending the Cotonou Agreement and to THE PRESIDENT OF THE RWANDESE HIS MAJESTY KING TAUFA’AHAU Foreign Affairs this end have designated as their REPUBLIC, TUPOU IV OF TONGA, Plenipotentiaries: THE PRESIDENT OF THE ITALIAN HER MAJESTY THE QUEEN OF SAINT THE PRESIDENT OF THE REPUBLIC OF HIS MAJESTY THE KING OF THE BELGIANS, REPUBLIC, KITTS AND NEVIS, TRINIDAD AND TOBAGO, Armand DE DECKER Rocco Antonio CANGELOSI Minister for Development Cooperation Ambassador Extraordinary and HER MAJESTY THE QUEEN OF SAINT LUCIA, HER MAJESTY THE QUEEN OF TUVALU, Plenipotentiary, THE PRESIDENT OF THE CZECH REPUBLIC, Permanent Representative to the HER MAJESTY THE QUEEN OF SAINT THE PRESIDENT OF THE REPUBLIC OF Vladimir A. CHIZHOV European Union VINCENT AND THE GRENADINES, UGANDA, Deputy Minister for Foreign Affairs THE PRESIDENT OF THE REPUBLIC OF THE HEAD OF STATE OF THE THE GOVERNMENT OF THE REPUBLIC OF HER MAJESTY THE QUEEN OF DENMARK, CYPRUS, INDEPENDENT STATE OF SAMOA, VANUATU, Ib Ritto ANDREASEN Nicholas EMILIOU Ambassador to Luxembourg Ambassador Extraordinary and THE PRESIDENT OF THE DEMOCRATIC THE PRESIDENT OF THE REPUBLIC OF Plenipotentiary, REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE, ZAMBIA, THE PRESIDENT OF THE FEDERAL Permanent Representative to the REPUBLIC OF GERMANY, European Union THE PRESIDENT OF THE REPUBLIC OF THE GOVERNMENT OF THE REPUBLIC OF Erich STATHER SENEGAL, ZIMBABWE, State Secretary, Federal Ministry for THE PRESIDENT OF THE REPUBLIC OF Economic Cooperation and Development LATVIA, THE PRESIDENT OF THE REPUBLIC OF whose States are hereinafter referred to Lelde LICE-LICITE SEYCHELLES, as "ACP States", Dorothee JANETZKE-WENZEL Ambassador, Deputy Permanent Head of African Politics, Ministry of Representative to the EU, of the other part, THE PRESIDENT OF THE REPUBLIC OF Foreign Affairs Counsellor of Education and Culture SIERRA LEONE, HAVING REGARD to the Treaty THE PRESIDENT OF THE REPUBLIC OF establishing the European Community, THE PRESIDENT OF THE REPUBLIC OF HER MAJESTY THE QUEEN OF SOLOMON LITHUANIA, on the one hand, and the Georgetown ESTONIA, ISLANDS, Rokas BERNOTAS Agreement establishing the Group of Väino REINART Director of the Department of Multilateral African, Caribbean and Pacific States Ambassador Extraordinary and THE PRESIDENT OF THE REPUBLIC OF Relations of the Ministry of Foreign (ACP), on the other, Plenipotentiary, SOUTH AFRICA, Permanent Representative to the Affairs HAVING REGARD to the Partnership European Union THE PRESIDENT OF THE REPUBLIC OF Agreement between the members of HIS ROYAL HIGHNESS THE GRAND DUKE THE SUDAN, the African, Caribbean and Pacific Group THE PRESIDENT OF THE HELLENIC OF LUXEMBOURG, of States, of the one part, and the REPUBLIC, Jean-Louis SCHILTZ THE PRESIDENT OF THE REPUBLIC OF European Community and its Member Constantin KARABETSIS Minister for Cooperation and SURINAME, States, of the other part, signed in Ambassador, Director General for Humanitarian Action, Cotonou on 23 June 2000 (hereinafter International Development Cooperation, Minister with responsibility for referred to as the "Cotonou Agreement"), Ministry of Foreign Affairs Communications 4 | Partnership Agreement ACP-EC 2005 revised edition | 5 THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF HUNGARY, FINLAND, BENIN, CONGO, András BÁRSONY Ritva JOLKKOSEN Massiyatou LATOUNDJI LAURIANO Pierre MOUSSA Political State Secretary, Director General, Minister for Industry, Trade and Minister of State for Planning, Regional Ministry of Foreign Affairs Ministry of Foreign Affairs Employment Promotion Development and Economic Integration, National Authorising Officer THE PRESIDENT OF MALTA, THE GOVERNMENT OF THE KINGDOM OF THE PRESIDENT OF THE REPUBLIC OF Bernard HAMILTON SWEDEN, BOTSWANA, THE GOVERNMENT OF THE COOK First Councillor, Acting Director Agneta SÖDERMAN Lt. Gen. Mompati MERAFHE ISLANDS for Bilateral Relations, Ambassador to Luxembourg Minister for Foreign Affairs and Todd McCLAY Ministry of Foreign Affairs International Cooperation Ambassador HER MAJESTY THE QUEEN OF THE HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN THE PRESIDENT OF BURKINA FASO, THE PRESIDENT OF THE REPUBLIC OF NETHERLANDS, AND NORTHERN IRELAND, Jean-Baptiste Marie Pascal COMPAORE CÔTE D’IVOIRE, P.J. YMKERS Gareth THOMAS, MP Minister for Finance and the Budget Amadou SOUMAHORO Counsellor, Permanent Representation Parlamentary Under-Secretary of State Minister for Trade of the Netherlands to the EU at the Department for International THE PRESIDENT OF THE REPUBLIC OF Development BURUNDI, THE PRESIDENT OF THE REPUBLIC OF THE FEDERAL PRESIDENT OF THE Thomas MINANI DJIBOUTI, REPUBLIC OF AUSTRIA, THE EUROPEAN COMMUNITY, Minister for Trade and Industry Ali Farah ASSOWEH Gregor WOSCHNAGG Jean-Louis SCHILTZ Minister for the Economy, Finance and Ambassador Extraordinary and Minister for Cooperation and THE PRESIDENT OF THE REPUBLIC OF Planning, with responsibility for Plenipotentiary, Humanitarian Action, CAMEROON, privatisation Permanent Representative to the Minister with responsibility for Isabelle BASSONG European Union Communications, Ambassador THE GOVERNMENT OF THE President-in-office of the Council of the EU COMMONWEALTH OF DOMINICA, THE PRESIDENT OF THE REPUBLIC OF Louis MICHEL THE PRESIDENT OF THE REPUBLIC OF George R.E. BULLEN POLAND, Member of the Commission of the CAPE VERDE, Ambassador Jan TRUSZCZYNSKI European Communities Victor Manuel BORGES Secretary of State in the Ministry Minister for Foreign Affairs, THE PRESIDENT OF THE DOMINICAN of Foreign Affairs THE PRESIDENT OF THE REPUBLIC OF Cooperation and Communities, REPUBLIC, ANGOLA, President of the ACP Council of Ministers Onofre ROJAS THE PRESIDENT OF THE PORTUGUESE Ana DIAS LOURENCO Secretary of State, REPUBLIC, Minister for Planning THE PRESIDENT OF THE CENTRAL National Authorising Officer João GOMES CRAVINHO AFRICAN REPUBLIC, State Secretary for Foreign Affairs and HER MAJESTY THE QUEEN OF ANTIGUA Guy ZOUNGERE-SOKAMBI THE PRESIDENT OF THE STATE OF Cooperation AND BARBUDA, Ambassador ERITREA, Dr. Carl ROBERTS Andebrhan WELDEGIORGIS THE PRESIDENT OF THE REPUBLIC OF High Commissioner of Antigua & Barbuda THE PRESIDENT OF THE ISLAMIC Ambassador SLOVENIA, to the United Kingdom FEDERAL REPUBLIC OF THE COMOROS, Marjan ŠETINC Aboudou SOEFO THE PRESIDENT OF THE FEDERAL Ambassador, Coordinator for THE HEAD OF STATE OF THE Minister of State, Minister for Foreign DEMOCRATIC REPUBLIC OF ETHIOPIA, Development Cooperation and COMMONWEALTH OF THE BAHAMAS, Affairs and Cooperation Sufian AHMED Humanitarian Assistance, Errol Leroy HUMPHREYS Minister for Finance and Economic Ministry of Foreign Affairs Ambassador THE PRESIDENT OF THE DEMOCRATIC Development REPUBLIC OF CONGO, THE PRESIDENT OF THE SLOVAK THE HEAD OF STATE OF BARBADOS, Christian KAMBINGA SELE THE PRESIDENT OF THE SOVEREIGN REPUBLIC, Billie MILLER Deputy Minister for International DEMOCRATIC REPUBLIC OF FIJI, Maroš ŠEFČOVIČ Senior Minister and Minister for Foreign Cooperation Ratu Seremaia T. CAVUILATI Ambassador Extraordinary and Affairs & Foreign Trade Ambassador Plenipotentiary, Permanent Representative to the HER MAJESTY THE QUEEN OF BELIZE, European Union Yvonne HYDE Ambassador

6 | Partnership Agreement ACP-EC 2005 revised edition | 7 THE PRESIDENT OF THE GABONESE THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE RWANDESE REPUBLIC, KENYA, MAURITIUS, REPUBLIC, Casimir OYE MBA Marx Gad NJUGUNA KAHENDE Sutiawan GUNESSEE Monique NSANZABAGANWA Minister of State, Minister for Planning Ambassador Ambassador State Secretary with responsibility for and Development Programmes, planning at the Ministry of Finance National Authorising Officer THE PRESIDENT OF THE REPUBLIC OF THE GOVERNMENT OF THE FEDERATED KIRIBATI, STATES OF MICRONESIA, HER MAJESTY THE QUEEN OF SAINT THE PRESIDENT AND HEAD OF STATE OF Paul MALIN Paul MALIN KITTS AND NEVIS, THE REPUBLIC OF THE GAMBIA, Head of Unit, DG Development of the Head of Unit, DG Development of the Timothy HARRIS Yusupha Alieu KAH Commission of the EC Commission of the EC Minister for Foreign Affairs and Ambassador International Trade HIS MAJESTY THE KING OF THE THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF KINGDOM OF LESOTHO, MOZAMBIQUE, HER MAJESTY THE QUEEN OF SAINT GHANA, Mpho MALIE Henrique BANZE LUCIA, Georg Y. GUYAN-BAFFOUR, M.P. Minister for Trade and Industry, Deputy Minister for Foreign Affairs and George R.E. BULLEN Deputy Minister for Finance and Cooperatives and Marketing Cooperation, National Authorising Officer Ambassador Economic Planning THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF HER MAJESTY THE QUEEN OF SAINT HER MAJESTY THE QUEEN OF GRENADA, LIBERIA, NAMIBIA, VINCENT AND THE GRENADINES, Joan-Marie COUTAIN Youngor Sevelee TELEWODA Peter Hitjitevi KATAJAVIVI George R.E. BULLEN Ambassador Ambassador Ambassador Ambassador

THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF THE GOVERNMENT OF THE REPUBLIC OF THE HEAD OF STATE OF THE GUINEA, MADAGASCAR, NAURU, INDEPENDENT STATE OF SAMOA, El Hadj Thierno Habib DIALLO Sahobisoa Olivier ANDRIANARISON Dr. Karl H. KOCH Tau’ili’ili Uili MEREDITH Minister for Cooperation Minister for Industrialisation, Trade and Honorary Consul in Belgium Ambassador Private Sector Development THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE DEMOCRATIC GUINEA-BISSAU, THE PRESIDENT OF THE REPUBLIC OF NIGER, REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE, Nagib JAHOUAD MALAWI, Ali MAHAMAN LAMINE ZEINE Horácio FERNANDES DA FONSECA Chargé d’affaires a.i. Brian Granthen BOWLER Minister for Economic and Financial PURVIS Ambassador Affairs Chargé d’affaires a.i. THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA, THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE FEDERAL THE PRESIDENT OF THE REPUBLIC OF Victorino Nka OBIANG MAYE MALI, REPUBLIC OF NIGERIA, SENEGAL, Ambassador Moctar OUANE Clarkson NWAKANMA UMELO Saliou CISSE Minister for Foreign Affairs and Ambassador Ambassador THE PRESIDENT OF THE REPUBLIC OF International Cooperation GUYANA, THE GOVERNMENT OF NIUE, THE PRESIDENT OF THE REPUBLIC OF Patrick Ignatius GOMES THE GOVERNMENT OF THE REPUBLIC OF Todd McCLAY SEYCHELLES, Ambassador THE MARSHALL ISLANDS, Ambassador Patrick PILLAY Paul MALIN Minister for Foreign Affairs THE PRESIDENT OF THE REPUBLIC OF Head of Unit, DG Development of the THE GOVERNMENT OF THE REPUBLIC OF HAITI, Commission of the EC PALAU, THE PRESIDENT OF THE REPUBLIC OF Hérard ABRAHAM Paul MALIN SIERRA LEONE, Minister for Foreign Affairs and THE PRESIDENT OF THE ISLAMIC Head of Unit, DG Development of the Mohamed B. DARAMY Religious Affairs REPUBLIC OF MAURITANIA, Commission of the EC Minister for Development and Economic Sidi OULD DIDI Planning THE HEAD OF STATE OF JAMAICA, Minister for Economic Affairs and HER MAJESTY THE QUEEN OF THE K.D. KNIGHT, QC, MP Development INDEPENDENT STATE OF PAPUA NEW HER MAJESTY THE QUEEN OF SOLOMON Minister for Foreign Affairs and Trade GUINEA, ISLANDS, Sir Rabbie NAMALIU KCMG, MP Fredrick FONO Minister for Foreign Affairs and Minister for National Planning and Aid Immigration Coordination

8 | Partnership Agreement ACP-EC 2005 revised edition | 9 THE PRESIDENT OF THE REPUBLIC OF HIS MAJESTY KING TAUFA’AHAU SOUTH AFRICA, TUPOU IV OF TONGA, Mosibudi MANGENA Paul MALIN Minister for Science and Technology Head of Unit, DG Development of the Commission of the EC THE PRESIDENT OF THE REPUBLIC OF THE SUDAN, THE PRESIDENT OF THE REPUBLIC OF Ali Yousif AHMED TRINIDAD AND TOBAGO, Ambassador Diane SEUKERAN Minister of State, Ministry of Trade and THE PRESIDENT OF THE REPUBLIC OF Industry SURINAME, Maria E. LEVENS HER MAJESTY THE QUEEN OF TUVALU, Minister for Foreign Affairs Paul MALIN Head of Unit, DG Development of the HIS MAJESTY THE KING OF THE Commission of the EC KINGDOM OF SWAZILAND, Clifford Sibusiso MAMBA THE PRESIDENT OF THE REPUBLIC OF Principal Secretary of the Ministry of UGANDA, Foreign Affairs and Trade Deo K. RWABITA Ambassador THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA, THE GOVERNMENT OF THE REPUBLIC OF Festus B. LIMBU, MP VANUATU, Deputy Minister for Finance Sato KILMAN Deputy Prime Minister and THE PRESIDENT OF THE REPUBLIC OF Minister for Foreign Affairs CHAD, Abderahim Yacoub NDIAYE THE PRESIDENT OF THE REPUBLIC OF Ambassador ZAMBIA, Felix CHIBOTA MUTATI THE GOVERNMENT OF THE DEMOCRATIC Deputy Minister for Finance and REPUBLIC OF TIMOR LESTE National Planning José António AMORIM DIAS Ambassador, THE GOVERNMENT OF THE REPUBLIC OF Head of the Mission to ZIMBABWE, the European Union Gift PUNUNGWE Ambassador THE PRESIDENT OF THE TOGOLESE REPUBLIC, Gilbert BAWARA Minister Delegate to the Minister of State, Minister for Foreign Affairs and African Integration with responsibility for cooperation

10 | Partnership Agreement ACP-EC 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 REVISED IN COTONOU LUXEMBOURG ON 23 JUNE 2000 ON 25 JUNE 2005

2005 revised edition | 1 TABLE OF CONTENTS PREAMBLE

PREAMBLE ...... 3 HAVING REGARD TO the Treaty establishing the European Community, on the one hand, and the Georgetown Agreement establishing the Group of African, Caribbean and Pacific PART 1: GENERAL PROVISIONS ...... 5 States (ACP), on the other; Title I - Objectives, principles and actors ...... 6 Chapter 1: Objectives and principles...... 6 AFFIRMING their commitment to work together towards the achievement of the objectives Chapter 2: The actors of the partnership ...... 7 of poverty eradication, sustainable development and the gradual integration of the ACP Title II - The political dimension ...... 8 countries into the world economy;

PART 2: INSTITUTIONAL PROVISIONS ...... 15 ASSERTING their resolve to make, through their cooperation, a significant contribution to the economic, social and cultural development of the ACP States and to the greater well PART 3: COOPERATION STRATEGIES ...... 19 being of their population, helping them facing the challenges of globalisation and Title I - Development strategies...... 20 strengthening the ACP-EU Partnership in the effort to give the process of globalisation Chapter 1: General framework ...... 20 a stronger social dimension; Chapter 2: Areas of support ...... 21 Section 1: Economic development...... 21 REAFFIRMING their willingness to revitalise their special relationship and to implement a Section 2: Social and human development...... 23 comprehensive and integrated approach for a strengthened partnership based on polit- Section 3: Regional Cooperation and Integration ...... 25 ical dialogue, development cooperation and economic and trade relations; Section 4: Thematic and cross cutting issues ...... 26 Title II - Economic and trade Cooperation...... 28 ACKNOWLEDGING that a political environment guaranteeing peace, security and stability, Chapter 1: Objectives and principles ...... 28 respect for human rights, democratic principles and the rule of law, and good governance Chapter 2: New trading arrangements...... 29 is part and parcel of long term development; acknowledging that responsibility for estab- Chapter 3: Cooperation in the international fora ...... 31 lishing such an environment rests primarily with the countries concerned; Chapter 4: Trade in services...... 31 Chapter 5: Trade related areas ...... 33 ACKNOWLEDGING that sound and sustainable economic policies are prerequisites for Chapter 6: Cooperation in other areas ...... 37 development;

PART 4: DEVELOPMENT FINANCE COOPERATION...... 39 REFERRING to the principles of the Charter of the United Nations, and recalling the Title I - General provisions...... 40 Universal Declaration of Human Rights, the conclusions of the 1993 Vienna Conference on Chapter 1: Objectives, principles, guidelines and eligibility...... 40 Human Rights, the Covenants on Civil and Political Rights and on Economic, Social Chapter 2: Scope and nature of financing ...... 41 and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Title II - Financial cooperation ...... 43 Elimination of all forms of Discrimination against Women, the International Convention on Chapter 1: Financial resources...... 43 the Elimination of all forms of Racial Discrimination, the 1949 Geneva Conventions and the Chapter 2: Debt and structural adjustment support...... 44 other instruments of international humanitarian law, the 1954 Convention relating to the Chapter 3: Support in case of short term fluctuations in export earnings...... 46 status of stateless persons, the 1951 Geneva Convention relating to the Status of Chapter 4: Support for sectoral policies...... 46 Refugees and the 1967 New York Protocol relating to the Status of Refugees; Chapter 5: Microprojects and decentralised cooperation ...... 47 Chapter 6: Humanitarian and emergency assistance ...... 47 CONSIDERING the Convention for the Protection of Human Rights and Fundamental Chapter 7: Investment and private sector development support...... 49 Freedoms of the Council of Europe, the African Charter on Human and Peoples’ Rights and Title III - Technical cooperation...... 51 the American Convention on Human Rights as positive regional contributions to the Title IV - Procedures and management systems...... 52 respect of human rights in the European Union and in the ACP States;

PART 5: GENERAL PROVISIONS FOR THE LEAST DEVELOPED, REAFFIRMING that the most serious crimes of concern to the international community LANDLOCKED AND ISLAND ACP STATES (LDLICs) ...... 55 must not go unpunished and that their effective prosecution must be ensured by taking Chapter 1: General provisions...... 56 measures at national level and by enhancing global collaboration; Chapter 2: Least developed ACP States ...... 56 Chapter 3: Landlocked ACP States ...... 57 CONSIDERING that the establishment and effective functioning of the International Chapter 4: Island ACP States...... 57 Criminal Court constitute an important development for peace and international justice;

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

2 | Partnership Agreement ACP-EC 2005 revised edition | 3 RECALLING the Libreville and Santo Domingo declarations of the Heads of State and Government of the ACP countries at their Summits in 1997 and 1999;

CONSIDERING that the 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 a clear vision and must underpin ACP-EC cooperation within this Agreement;

PAYING particular attention to the pledges made at the Rio, Vienna, Cairo, Copenhagen, Beijing, Istanbul and Rome UN conferences and acknowledging the need for further action to be taken in order to achieve the goals and implement the action programmes which have been drawn up in those fora;

ANXIOUS to respect basic labour rights, taking account of the principles laid down in the relevant conventions of the International Labour Organisation; PART 1 RECALLING the commitments within the framework of the World Trade Organisation,

HAVE DECIDED TO CONCLUDE THIS AGREEMENT: GENERAL PROVISIONS

4 | Partnership Agreement ACP-EC 2005 revised edition | 5 ter the integration of the ACP countries central to their partnership and cooper- - be informed and involved in consultation TITLE I into the world economy in terms of trade ation relations; on cooperation policies and strategies, OBJECTIVES, PRINCIPLES and private investment shall be encour- on priorities for cooperation especially in AND ACTORS aged and supported. Building the cap- - differentiation and regionalisation: co- areas that concern or directly affect acity of the actors in development and operation arrangements and priorities them, and on the political dialogue; improving the institutional framework shall vary according to a partner’s level of necessary for social cohesion, for the development, its needs, its performance - be provided with financial resources, Chapter 1 functioning of a democratic society and and its long term development strategy. under the conditions laid down in this OBJECTIVES market economy, and for the emergence Particular emphasis shall be placed on the Agreement in order to support local AND PRINCIPLES of an active and organised civil society regional dimension. Special treatment development processes; shall be integral to the approach. shall be given to the least developed ARTICLE 1 Systematic account shall be taken of the countries. The vulnerability of landlocked - be involved in the implementation of situation of women and gender issues in and island countries shall be taken into cooperation project and programmes in Objectives of the partnership all areas - political, economic and social. account. areas that concern them or where these The principles of sustainable manage- actors have a comparative advantage; The Community and its Member States, of ment of natural resources and the envir- the one part, and the ACP States, of the ARTICLE 3 onment shall be applied and integrated - be provided with capacity building sup- other part, hereinafter referred to as the Achievement of this Agreement’s at every level of the partnership. port in critical areas in order to reinforce "Parties" hereby conclude this Agreement in objectives the capabilities of these actors, particu- order to promote and expedite the economic, larly as regards organisation and repre- cultural and social development of the ACP ARTICLE 2 The Parties shall, each as far as it is con- sentation, and the establishment of con- States, with a view to contributing to peace Fundamental principles cerned in the framework of this sultation mechanisms including chan- and security and to promoting a stable and Agreement, take all appropriate meas- ACP-EC cooperation, underpinned by a nels of communication and dialogue, democratic political environment. ures, whether general or particular, to legally binding system and the existence ensure the fulfilment of the obligations and to promote strategic alliances. of joint institutions, shall be exercised on The partnership shall be centred on the arising from this Agreement and to facili- the basis of the following fundamental objective of reducing and eventually tate the attainment of the objectives ARTICLE 5 principles: eradicating poverty consistent with the thereof. They shall refrain from any meas- Information ures liable to jeopardise these objectives. objectives of sustainable development and - equality of the partners and ownership Cooperation will support operation to pro- the gradual integration of the ACP coun- of the development strategies: for the vide more information and create greater tries into the world economy. purposes of implementing the object- awareness of the basic features of ACP-EU ives of the partnership, the ACP States These objectives and the Parties’ interna- Partnership. shall determine the development strate- CHAPTER 2 tional commitments shall inform all devel- gies for their economies and societies in opment strategies and shall be tackled THE ACTORS OF Cooperation will also: all sovereignty and with due regard for through an integrated approach taking THE PARTNERSHIP the essential elements described in - encourage partnership and build links account at the same time of the political, Article 9; the partnership shall encour- between ACP and EU actors; economic, social, cultural and environ- age ownership of the development ARTICLE 4 mental aspects of development. The part- strategies by the countries and popula- General approach - strengthen networking and exchange of nership shall provide a coherent support tions concerned; expertise and experience among the framework for the development strategies The ACP States shall determine the devel- actors. adopted by each ACP State. - participation: apart from central govern- opment principles, strategies and models ment as the main partner, the partnership of their economies and societies in all sov- Sustained economic growth, developing ereignty. They shall establish, with the ARTICLE 6 shall be open to different kinds of other Definitions the private sector, increasing employ- actors in order to encourage the integra- Community, the cooperation programmes ment and improving access to productive provided for under this Agreement. tion of all sections of society, including 1. The actors of cooperation will include: resources shall all be part of this frame- the private sector and civil society organ- However, the parties recognise the com- work. Support shall be given to the isations, into the mainstream of political, plementary role of and potential for contri- a) State (local, national and regional); respect of the rights of the individual and economic and social life; butions by non State actors and local meeting basic needs, the promotion of decentralised authorities to the develop- b) Non-State: social development and the conditions - the pivotal role of dialogue and the fulfilment process. To this end, under the condi- - Private sector; for an equitable distribution of the ment of mutual obligations: the obligations laid down in this Agreement, non- fruits of growth. Regional and sub tions assumed by the Parties in the State actors and local decentralised actors, - Economic and social partners, including regional integration processes which fos- framework of their dialogue shall be shall, where appropriate: trade union organisations;

6 | Partnership Agreement ACP-EC 2005 revised edition | 7 - Civil Society in all its forms according Parties within international fora. The 6a. Where appropriate, and in order to of fundamental freedoms and human to national characteristics. objectives of the dialogue shall also prevent situations arising in which one rights are interrelated and mutually rein- include preventing situations arising Party might deem it necessary to have forcing. Democratic principles are uni- 2. Recognition by the parties of non gov- in which one Party might deem it ne- recourse to the consultation proced- versally recognised principles underpin- ernmental actors shall depend on the cessary to have recourse to the con- ure foreseen in Article 96, dialogue ning the organisation of the State to extent to which they address the needs sultation procedures envisaged in covering the essential elements shall ensure the legitimacy of its authority, of the population, on their specific com- Articles 96 and 97. be systematic and formalised in ac- the legality of its actions reflected in its petencies and whether they are organ- cordance with the modalities set out in constitutional, legislative and regulatory 3. The dialogue shall cover all the aims ised and managed democratically and Annexe VII. system, and the existence of participa- and objectives laid down in this transparently. tory mechanisms. On the basis of univer- Agreement as well as all questions of 7. Regional and sub-regional organisa- sally recognised principles, each country common, general, regional or sub tions as well as representatives of civil develops its democratic culture. ARTICLE 7 regional interest. Through dialogue, the society organisations shall be associ- Capacity building Parties shall contribute to peace, secur- ated with this dialogue. The structure of government and the ity and stability and promote a stable prerogatives of the different powers The contribution of civil society to develop- and democratic political environment. It ARTICLE 9 shall be founded on rule of law, which ment can be enhanced by strengthening shall encompass cooperation strategies Essential elements regarding shall entail in particular effective and community organisations and non-profit as well as global and sectoral policies, human rights, democratic principles accessible means of legal redress, an non-governmental organisations in all including environment, gender, migra- and the rule of law, independent legal system guaranteeing spheres of cooperation. This will require: tion and questions related to the cul- and fundamental element equality before the law and an executive tural heritage. regarding good governance - encouraging and supporting the creation that is fully subject to the law. and development of such organisations; 4. The dialogue shall focus, inter alia, on specific political issues of mutual 1. Cooperation shall be directed towards Respect for human rights, democratic sustainable development centred on the - establishing arrangements for involving concern or of general significance for principles and the rule of law, which human person, who is the main protag- such organisations in the design, imple- the attainment of the objectives of this underpin the ACP-EU Partnership, shall onist and beneficiary of development; this mentation and evaluation of development Agreement, such as the arms trade, underpin the domestic and international entails respect for and promotion of all strategies and programmes. excessive military expenditure, drugs policies of the Parties and constitute the and organised crime, or ethnic, reli- human rights. essential elements of this Agreement. gious or racial discrimination. The dialogue shall also encompass a regu- Respect for all human rights and funda- 3. In the context of a political and institu- TITLE II lar assessment of the developments mental freedoms, including respect for tional environment that upholds human concerning the respect for human fundamental social rights, democracy rights, democratic principles and the THE POLITICAL DIMENSION rights, democratic principles, the rule based on the rule of law and transparent rule of law, good governance is the of law and good governance. and accountable governance are an inte- transparent and accountable manage- ARTICLE 8 gral part of sustainable development. ment of human, natural, economic and 5. Broadly based policies to promote financial resources for the purposes of Political dialogue peace and to prevent, manage and 2. The Parties refer to their international equitable and sustainable development. resolve violent conflicts shall play a 1. The Parties shall regularly engage in a obligations and commitments concern- It entails clear decision-making proced- prominent role in this dialogue, as comprehensive, balanced and deep ing respect for human rights. They re- ures at the level of public authorities, shall the need to take full account of political dialogue leading to commit- iterate their deep attachment to human transparent and accountable institu- the objective of peace and democratic ments on both sides. dignity and human rights, which are tions, the primacy of law in the manage- stability in the definition of priority legitimate aspirations of individuals and ment and distribution of resources and areas of cooperation. 2. The objective of this dialogue shall be peoples. Human rights are universal, capacity building for elaborating and to exchange information, to foster 6. The dialogue shall be conducted in a indivisible and inter related. The Parties implementing measures aiming in par- mutual understanding, and to facili- flexible manner. Dialogue shall be for- undertake to promote and protect all ticular at preventing and combating tate the establishment of agreed prior- mal or informal according to the need, fundamental freedoms and human corruption. ities and shared agendas, in particular and conducted within and outside the rights, be they civil and political, or by recognising existing links between institutional framework, including the economic, social and cultural. In this Good governance, which underpins the the different aspects of the relations ACP Group, the Joint parliamentary context, the Parties reaffirm the equality ACP-EU Partnership, shall underpin the between the Parties and the various Assembly, in the appropriate format, of men and women. domestic and international policies of areas of cooperation as laid down in and at the appropriate level including the Parties and constitute a fundamental this Agreement. The dialogue shall regional, sub-regional or national The Parties reaffirm that democratisa- element of this Agreement. The Parties facilitate consultations between the level. tion, development and the protection agree that only serious cases of corruption,

8 | Partnership Agreement ACP-EC 2005 revised edition | 9 including acts of bribery leading to such ARTICLE 11 3a. The Parties also undertake to cooper- to combat terrorism through inter- corruption, as defined in Article 97 con- Peace building policies, ate in the prevention of mercenary national cooperation, in accordance with stitute a violation of that element. conflict prevention and resolution activities in accordance with their the Charter of the United Nations and obligations under international international law, relevant conventions 4. The Partnership shall actively support 1. The Parties shall pursue an active, com- conventions and instruments, and and instruments and in particular full the promotion of human rights, prehensive and integrated policy of their respective legislations and implementation of UN Security Council processes of democratisation, consoli- peace building and conflict prevention regulations. Resolutions 1373 (2001) and 1456 (2003) dation of the rule of law, and good and resolution within the framework of and other relevant UN resolutions. To this governance. the Partnership. This policy shall be 4. In situations of violent conflict the end, the Parties agree to exchange: based on the principle of ownership. It Parties shall take all suitable action to These areas will be an important sub- - information on terrorist groups and their shall in particular focus on building prevent an intensification of violence, ject for the political dialogue. In the con- support networks; and to limit its territorial spread, and to text of this dialogue, the Parties shall regional, sub regional and national facilitate a peaceful settlement of the attach particular importance to the capacities, and on preventing violent - views on means and methods to counter existing disputes. Particular attention changes underway and to the continuity conflicts at an early stage by address- terrorist acts, including in technical fields shall be paid to ensuring that financial of the progress achieved. This regular ing their root-causes in a targeted man- and training, and experiences in relation resources for cooperation are used in assessment shall take into account each ner, and with an adequate combination to the prevention of terrorism. accordance with the principles and country’s economic, social, cultural and of all available instruments. objectives of the Partnership, and to historical context. ARTICLE 11b 2. The activities in the field of peace build- preventing a diversion of funds for bel- Cooperation in countering These areas will also be a focus of sup- ing, conflict prevention and resolution ligerent purposes. the proliferation of weapons port for development strategies. The shall in particular include support for of mass destruction Community shall provide support for balancing political, economic, social 5. In post conflict situations, the Parties political, institutional and legal reforms and cultural opportunities among all shall take all suitable action to facili- 1. The Parties consider that the prolifera- and for building the capacity of public segments of society, for strengthening tate the return to a non violent, stable tion of weapons of mass destruction and and private actors and civil society in the democratic legitimacy and effec- and self sustainable situation. The their means of delivery, both to State and the framework of strategies agreed tiveness of governance, for establish- Parties shall ensure the creation of the non-State actors, represents one of the jointly between the State concerned ing effective mechanisms for the peace- necessary links between emergency most serious threats to international sta- and the Community. ful conciliation of group interests, for measures, rehabilitation and develop- bility and security. bridging dividing lines among different ment cooperation. The Parties therefore agree to cooperate segments of society as well as support 6. In promoting the strengthening of and to contribute to countering the pro- ARTICLE 10 for an active and organised civil society. Other elements of peace and international justice, the liferation of weapons of mass destruc- Parties reaffirm their determination to: tion and their means of delivery through the political environment 3. Relevant activities shall also include, full compliance with and national imple- inter alia, support for mediation, - share experience in the adoption of mentation of their existing obligations 1. The Parties consider the following ele- negotiation and reconciliation efforts, legal adjustments required to allow under international disarmament and ments as contributing to the mainten- for effective regional management of for the ratification and implementa- non-proliferation treaties and agree- ance and consolidation of a stable and shared, scarce natural resources, for tion of the Rome Statute of the ments and other relevant international democratic political environment: demobilisation and reintegration of International Criminal Court; and obligations. former combatants into the society, for - sustainable and equitable develop- addressing the problem of child - fight against international crime in The Parties agree that this provision ment involving, inter alia, access to pro- soldiers, as well as for suitable action accordance with international law, constitutes an essential element of this ductive resources, essential services to set responsible limits to military giving due regard to the Rome Statute. Agreement. and justice; expenditure and the arms trade, The Parties shall seek to take steps 2. The Parties furthermore agree to cooper- - greater involvement of an active and including through support for the towards ratifying and implement- ate and to contribute to the objective of organised civil society and the private promotion and application of agreed ing the Rome Statute and related non proliferation by: sector. standards and codes of conduct. In this context, particular emphasis shall be instruments. - taking steps to sign, ratify or accede 2. The Parties recognise that the prin- given to the fight against anti- to, as appropriate, and fully imple- ciples of the market economy, support- personnel landmines as well as to ARTICLE 11a ment all other relevant international ed by transparent competition rules and addressing an excessive and Fight against terrorism instruments; sound economic and social policies, uncontrolled spread, illegal trafficking contribute to achieving the objectives of and accumulation of small arms and The Parties reiterate their firm condemna- - the establishment of an effective system the partnership. light weapons. tion of all acts of terrorism and undertake of national export controls, controlling

10 | Partnership Agreement ACP-EC 2005 revised edition | 11 the export as well as transit of 6. If the consultations do not lead to a ARTICLE 13 The Community shall support, through weapons of mass destruction related solution acceptable to both Parties, if Migration national and regional Cooperation pro- goods, including a weapons of mass consultation is refused or in cases of grammes, the training of ACP nationals destruction end-use control on dual special urgency, appropriate measures 1. The issue of migration shall be the sub- in their country of origin, in another use technologies and containing effec- may be taken. These measures shall be ject of in depth dialogue in the frame- ACP country or in a Member State of tive sanctions for breaches of export revoked as soon as the reasons for tak- work of the ACP-EU Partnership. the European Union. As regards train- controls. ing them no longer prevail. ing in a Member State, the Parties shall The Parties reaffirm their existing obli- ensure that such action is geared Financial and technical assistance in the gations and commitments in inter- towards the vocational integration of area of cooperation to counter the pro- national law to ensure respect for ACP nationals in their countries of origin. liferation of weapons of mass destruc- human rights and to eliminate all forms tion will be financed by specific instru- ARTICLE 12 of discrimination based particularly on The Parties shall develop cooperation ments other than those intended for the Coherence of Community policies origin, sex, race, language and religion. programmes to facilitate the access of financing of ACP-EC cooperation. and their impact on the students from ACP States to education, implementation of this Agreement 2. The Parties agree to consider that a in particular through the use of new partnership implies, with relation to 3. The Parties agree to establish a regular communication technologies. migration, fair treatment of third coun- political dialogue that will accompany Without prejudice to Article 96, where the try nationals who reside legally on their 5. and consolidate their cooperation in this Community intends, in the exercise of its territories, integration policy aiming at area. powers, to take a measure which might a) In the framework of the political dia- granting them rights and obligations affect the interests of the ACP States, as logue the Council of Ministers shall comparable to those of their citizens, 4. If, after having conducted a strengthened far as this Agreement’s objectives are con- examine issues arising from illegal enhancing non discrimination in eco- political dialogue, a Party, informed in cerned, it shall inform in good time the immigration with a view to establishing, nomic, social and cultural life and particular by reports by the International said States of its intentions. Towards this where appropriate, the means for a pre- developing measures against racism Atomic Energy Agency (IAEA), the end, the Commission shall communicate vention policy. and xenophobia. Organisation for the Prohibition of simultaneously to the Secretariat of the b) In this context the Parties agree in par- Chemical Weapons (OPCW) and other rele- ACP States its proposal for such meas- 3. The treatment accorded by each ticular to ensure that the rights and dig- vant multilateral institutions, considers ures. Where necessary, a request for infor- Member State to workers of ACP coun- nity of individuals are respected in any that the other Party has failed to fulfil an mation may also take place on the initia- tries legally employed in its territory, procedure initiated to return illegal obligation stemming from paragraph 1, it tive of the ACP States. shall be free from any discrimination immigrants to their countries of origin. shall, except in cases of special urgency, based on nationality, as regards work- In this connection the authorities con- supply the other Party and both the ACP At their request, consultations shall be ing conditions, remuneration and dis- cerned shall extend to them the admin- and the EC Councils of Ministers with held promptly so that account may be missal, relative to its own nationals. istrative facilities necessary for their the relevant information required for a taken of their concerns as to the impact of Further in this regard, each ACP State return. thorough examination of the situation those measures before any final decision shall accord comparable non discrimi- with a view to seeking a solution is made. natory treatment to workers who are c) The Parties further agree that: acceptable to the Parties. To this end, it nationals of a Member State. i) - each Member State of the shall invite the other Party to hold con- After such consultations have taken place, European Union shall accept the sultations that focus on the measures the ACP States may, in addition, transmit 4. The Parties consider that strategies return of and readmission of any taken or to be taken by the Party con- their concerns in writing to the Community aiming at reducing poverty, improving of its nationals who are illegally cerned to remedy the situation. as soon as possible and submit sugges- living and working conditions, creating present on the territory of an ACP tions for amendments indicating the way employment and developing training State, at that State’s request and 5. The consultations shall be conducted at their concerns should be met. contribute in the long term to normalis- without further formalities; the level and in the form considered ing migratory flows. most appropriate for finding a solution. - each of the ACP States shall accept the return of and readmission of any If the Community does not accede to The Parties will take account, in the of its nationals who are illegally The consultations shall begin no later the ACP States’ submissions, it shall framework of development strategies present on the territory of a Member than 30 days after the invitation and advise them as soon as possible giving its and national and regional program- State of the European Union, at that shall continue for a period established reasons. ming, of structural constraints associ- Member State’s request and with- by mutual agreement, depending on ated with migratory flows with the pur- out further formalities. the nature and gravity of the violation. The ACP States shall also be provided pose of supporting the economic and In no case shall the dialogue under the with adequate information on the entry social development of the regions from The Member States and the ACP States will consultation procedure last longer than into force of such decisions, in advance which migrants originate and of reduc- provide their nationals with appropriate 120 days. whenever possible. ing poverty. identity documents for such purposes.

12 | Partnership Agreement ACP-EC 2005 revised edition | 13 In respect of the Member States of the European Union, the obligations in this paragraph apply only in respect of those persons who are to be considered their nationals for the Community purposes in accordance with Declaration No 2 to the Treaty establishing the European Commu- nity. In respect of ACP States, the obligations in this paragraph apply only in respect of those persons who are considered as their nationals in accordance with their respective legal system. ii) at the request of a Party, negotiations shall be initiated with ACP States aiming at concluding in good faith and with due regard for the PART 2 relevant rules of international law, bilateral agreements governing specific obligations for the readmission INSTITUTIONAL PROVISIONS and return of their nationals. These agreements shall also cover, if deemed necessary by any of the Parties, arrangements for the readmission of third country nationals and stateless persons. Such agreements will lay down the details about the categories of persons covered by these arrangements as well as the modalities of their readmission and return. Adequate assistance to implement these agreements will be provided to the ACP States. iii) for the purposes of this point (c), the term “Parties” shall refer to the Community, any of its Member States and any ACP State.

14 | Partnership Agreement ACP-EC 2005 revised edition | 15 ARTICLE 14 3. The Council of Ministers shall take its Community, and a head of mission rep- - adopt resolutions and make recom- The joint institutions decisions by common agreement of the resenting an ACP State, designated by mendations to the Council of Ministers Parties. The proceedings of the Council the ACP States. with a view to achieving the objectives The institutions of this Agreement are the of Ministers shall be valid only if half of this Agreement. 2. The Committee shall assist the Council Council of Ministers, the Committee of the members of the Council of the of Ministers in the fulfilment of its Ambassadors and the Joint Parliamentary European Union, one member of the 3. The Joint Parliamentary Assembly shall tasks and carry out any mandate Assembly. Commission and two thirds of the mem- meet twice a year in plenary session, bers representing the governments of entrusted to it by the Council. In this alternately in the European Union and the ACP States are present. Any mem- context, it shall monitor implementation in an ACP State. With a view to strength- ARTICLE 15 ber of the Council of Ministers unable of this Agreement and progress towards ening regional integration and fostering achieving the objectives set therein. The Council of Ministers to attend may be represented. The rep- cooperation between national parlia- resentative shall exercise all the rights The Committee of Ambassadors shall ments, meetings between EU and ACP 1. The Council of Ministers shall comprise, of that member. meet regularly, in particular to prepare members of parliament may be on the one hand, the members of the the Council sessions and whenever it arranged at regional or subregional Council of the European Union and It may take decisions that are binding proves necessary. level. members of the Commission of the on the Parties and frame resolutions, The Joint Parliamentary Assembly shall European Communities and, on the recommendations and opinions. It shall 3. The Committee shall adopt its rules of organise regular contacts with repre- other, a member of the government of examine and take into consideration procedure within six months of the sentatives of the ACP EU economic and each ACP State. resolutions and recommendations adopt- entry into force of this Agreement. ed by the Joint Parliamentary Assembly. social partners and the other actors of The office of the President of the Council civil society in order to obtain their ARTICLE 17 of Ministers shall be held alternately The Council of Ministers shall conduct views on the attainment of the object- The Joint Parliamentary Assembly by a member of the Council of the an ongoing dialogue with the represen- ives of this Agreement. European Union and a member of the tatives of the social and economic part- 1. The Joint Parliamentary Assembly shall government of an ACP State. ners and other actors of civil society 4. The Joint Parliamentary Assembly shall be composed of equal numbers of EU in the ACP and the EU. To that end, con- adopt its rules of procedure within six and ACP representatives. The members The Council shall meet as a rule once a sultations may be held alongside its months of the entry into force of this of the Joint Parliamentary Assembly year on the initiative of the President meetings. Agreement. and whenever it seems necessary, in a shall be, on the one hand, members of the European Parliament and, on the form and a geographical composition 4. The Council of Ministers may dele- other, members of parliament or, failing appropriate to the issues to be gate powers to the Committee of this, representatives designated by the addressed. Ambassadors. parliament of each ACP State. In the absence of a parliament, the attend- 2. The functions of the Council of Ministers 5. The Council of Ministers shall adopt its ance of a representative from the ACP shall be to: rules of procedure within six months of State concerned shall be subject to the the entry into force of this Agreement. a) conduct the political dialogue; prior approval of the Joint Parliamentary Assembly. b) adopt the policy guidelines and take the decisions necessary for the imple- ARTICLE 16 2. The role of the Joint Parliamentary mentation of the provisions of this The Committee of Ambassadors Assembly, as a consultative body, shall Agreement, in particular as regards be to: development strategies in the specific 1. The Committee of Ambassadors shall areas provided for by this Agreement or comprise, on the one hand, the perma- - promote democratic processes through any other area that should prove rele- nent representative of each Member dialogue and consultation; vant, and as regards procedures; State to the European Union and a representative of the Commission and, on c) examine and resolve any issue liable - facilitate greater understanding the other, the head of mission of each to impede the effective and efficient between the peoples of the European ACP State to the European Union. implementation of this Agreement or Union and those of the ACP States and present an obstacle to achieving its raise public awareness of develop- The office of Chairman of the Committee objectives; ment issues; of Ambassadors shall be held alternate- d) ensure the smooth functioning of the ly by a Permanent Representative - discuss issues pertaining to develop- consultation mechanisms. of a Member State designated by the ment and the ACP-EU Partnership;

16 | Partnership Agreement ACP-EC 2005 revised edition | 17 PART 3 COOPERATION STRATEGIES

18 | Partnership Agreement ACP-EC 2005 revised edition | 19 ARTICLE 18 ARTICLE 20 3. The detailed texts as regards develop- a) catalysing and leveraging flows of pri- The Approach ment cooperation objectives and vate savings, both domestic and foreign, The cooperation strategies shall be strategies, in particular sectoral pol- into the financing of private enterprises based on development strategies and 1. The objectives of ACP-EC development icies and strategies shall be incorpor- by supporting policies for developing a economic and trade cooperation which cooperation shall be pursued through ated in a compendium providing oper- modern financial sector including a cap- are interlinked and complementary. The integrated strategies that incorporate ational guidelines in specific areas or ital market, financial institutions and Parties shall ensure that the efforts economic, social, cultural, environmen- sectors of cooperation. These texts sustainable microfinance operations; undertaken in both aforementioned areas tal and institutional elements that must may be revised, reviewed and/or are mutually reinforcing. be locally owned. Cooperation shall amended by the Council of Ministers b) development and strengthening of thus provide a coherent enabling frame- on the basis of a recommendation from business institutions and intermediary work of support to the ACP’s own devel- the ACP-EC Development Finance organisations, associations, chambers TITLE I opment strategies, ensuring comple- Cooperation Committee. of commerce and local providers from mentarity and interaction between the the private sector supporting and pro- DEVELOPMENT various elements. In this context and viding non-financial services to enter- STRATEGIES within the framework of development prises such as professional, technical, policies and reforms pursued by the CHAPTER 2 management, training and commercial ACP States, ACP-EC cooperation strat- AREAS OF SUPPORT support services; and CHAPTER 1 egies shall aim at: GENERAL FRAMEWORK c) supporting institutions, programmes, a) achieving rapid and sustained job- SECTION 1 activities and initiatives that contribute creating economic growth, developing to the development and transfer of ARTICLE 19 the private sector, increasing employ- ECONOMIC DEVELOPMENT technologies and know how and best Principles and objectives ment, improving access to productive practices on all aspects of business economic activities and resource, and ARTICLE 21 management. 1. The central objective of ACP-EC cooper- fostering regional cooperation and Investment and private sector ation is poverty reduction and ultimate- integration; 3. Cooperation shall promote business development ly its eradication; sustainable develop- development through the provision of b) promoting human and social development; and progressive integration of finance, guarantee facilities and techni- ment helping to ensure that the fruits the ACP countries into the world econ- 1. Cooperation shall support the neces- cal support aimed at encouraging and of growth are widely and equitably omy. In this context, cooperation frame- sary economic and institutional reforms supporting the creation, establishment, shared and promoting gender equality; work and orientations shall be tailored and policies at national and/or regional expansion, diversification, rehabilita- to the individual circumstances of each c) promoting cultural values of communi- level, aiming at creating a favourable tion, restructuring, modernisation or pri- ACP country, shall promote local owner- ties and specific interactions with eco- environment for private investment, vatisation of dynamic, viable and com- ship of economic and social reforms nomic, political and social elements; and the development of a dynamic, petitive enterprises in all economic sec- and the integration of the private sector viable and competitive private sector. tors as well as financial intermediaries and civil society actors into the develop- d) promoting institutional reforms and Cooperation shall further support: such as development finance and ven- ment process. development, strengthening the insti- ture capital institutions, and leasing tutions necessary for the consolidation a) the promotion of public-private sector companies by: 2. Cooperation shall refer to the conclu- of democracy, good governance and for dialogue and cooperation; sions of United Nations Conferences efficient and competitive market a) creating and/or strengthening financial and to the objectives, targets and action economies; and building capacity for b) the development of entrepreneurial instruments in the form of investment programmes agreed at international development and partnership; and skills and business culture; capital; level and to their follow up as a basis e) promoting environmental sustainabil- b) improving access to essential inputs for development principles. Cooperation c) privatisation and enterprise reform; ity, regeneration and best practices, such as business information and advi- shall also refer to the international devel- and and the preservation of natural resource sory, consultancy or technical assist- opment cooperation targets and shall base. ance services; pay particular attention to putting in d) development and modernisation of place qualitative and quantitative indica- 2. Systematic account shall be taken in mediation and arbitration systems. c) enhancement of export activities, in tors of progress. mainstreaming into all areas of coopera- particular through capacity building in tion the following thematic or cross-cut- 2. Cooperation shall also support improving all trade-related areas; and 3. Governments and non-State actors in ting themes : gender issues, environmen- the quality, availability and accessibility each ACP country shall initiate consult- tal issues and institutional development of financial and non-financial services d) encouraging inter-firm linkages, net- ations on country development strat- and capacity building. These areas shall to private enterprises, both formal and works and cooperation including those egies and community support thereto. also be eligible for Community support. informal; by: involving the transfer of technology and

20 | Partnership Agreement ACP-EC 2005 revised edition | 21 know-how at national, regional and ACP ing and non-banking systems, cap- a) the development of training systems ARTICLE 24 EU levels, and partnerships with private ital markets and financial services, that help increase productivity in both Tourism foreign investors which are consistent including micro finance; the formal and the informal sectors; with the objectives and guidelines of Cooperation will aim at the sustainable ACP-EC Development cooperation. iv) improve the quality of private and b) capital, credit, land, especially as development of the tourism industry in public services; and regards property rights and use; ACP countries and sub regions, recognis- 4. Cooperation shall support microenter- ing its increasing importance to the c) development of rural strategies aimed prise development through better v) encourage regional cooperation and growth of the services sector in ACP coun- at establishing a framework for partici- access to financial and non-financial progressive integration of macro- tries and to the expansion of their global patory decentralised planning, resource services; an appropriate policy and economic and monetary policies. trade, its ability to stimulate other sectors allocation and management; regulatory framework for their devel- of economic activity, and the role it can opment; and provide training and 2. The design of macroeconomic policies play in poverty eradication. d) agricultural production strategies, information services on best practices and structural adjustment programmes national and regional food security in microfinance. shall reflect the socio political back- Cooperation programmes and projects policies, sustainable development of ground and institutional capacity of the will support the efforts of ACP countries to water resources and fisheries as well 5. Support for investment and private sec- countries concerned, ensure a positive establish and improve the countries legal as marine resources within the eco- tor development shall integrate actions impact on poverty reduction and social and institutional framework and nomic exclusive zones of the ACP and initiatives at macro, meso and micro services access and shall be based on resources for the development and imple- States. Any fishery agreement that economic levels. the following principles: mentation of sustainable tourism policies may be negotiated between the and programmes, as well as inter alia, a) the ACP States shall bear primary Community and the ACP States shall improving the competitive position of the ARTICLE 22 responsibility for the analysis of the pay due consideration to consistency sector, especially small and medium-sized Macroeconomic and structural problems to be solved, the design and with the development strategies in enterprises (SMEs), investment support reforms and policies the implementation of the reforms; this area; and promotion, product development including the development of indigenous 1. Cooperation shall support ACP efforts b) support programmes shall be adapted e) economic and technological infrastruc- cultures in ACP countries, and strengthen- to implement: to the different situation in each ACP ture and services, including transport, ing linkages between tourism and other State and be sensitive to the social con- telecommunication systems, communi- sectors of economic activity. a) macroeconomic growth and stabilisa- ditions, culture and environment of cation services and the development of tion through disciplined fiscal and mon- these States; information society; etary policies that result in the reduction of inflation, and improve external c) the right of the ACP States to determine f) development of competitive industrial, and fiscal balances, by strengthening the direction and the sequencing of their mining and energy sectors, while fiscal discipline, enhancing budgetary development strategies and priorities SECTION 2 encouraging private sector involvement transparency and efficiency, improving shall be recognised and respected; SOCIAL AND HUMAN and development; the quality, the equity and composition DEVELOPMENT of fiscal policy; and d) the pace of reforms shall be realistic and compatible with each ACP State’s g) trade development, including the promotion of fair trade; b) structural policies designed to reinforce capacities and resources; and ARTICLE 25 the role of the different actors, especial- Social sector development h) development of business, finance and ly the private sector and improve the e) strengthening the communication and banking; and other service sectors; environment for increases in business, the information of populations on eco- 1. Cooperation shall support ACP States’ investment and employment, as well as: nomic and social reforms and policies. efforts at developing general and sec- i) tourism development; and toral policies and reforms which i) liberalise trade and foreign exchange j) development of scientific, technological improve the coverage, quality of and regimes and current account convert- and research infrastructure and ser- access to basic social infrastructure and ibility, having regard to the particular ARTICLE 23 vices; including the enhancement, trans- services and take account of local circumstances of each country; Economic sector development fer and absorption of new technologies; needs and specific demands of the most vulnerable and disadvantaged, thus ii) strengthen labour and product- Cooperation shall support sustainable pol- k) the strengthening of capacities in pro- reducing the inequalities of access to market reforms; icy and institutional reforms and the ductive areas, especially in public and these services. Special attention shall investments necessary for equitable access private sectors; be paid to ensuring adequate levels of iii) encourage financial systems reforms to economic activities and productive public spending in the social sectors. In which help to develop viable bank- resources, particularly: l) the promotion of traditional knowledge. this context, cooperation shall aim at:

22 | Partnership Agreement ACP-EC 2005 revised edition | 23 a) improving education and training, and ARTICLE 26 d) developing cultural industries and i) regional integration institutions and building technical capacity and skills; Youth issues enhancing market access opportunities organisations set up by the ACP States and those with ACP State participation b) improving health systems and nutri- for cultural goods and services. Cooperation shall also support the estab- that promote regional cooperation tion, eliminating hunger and malnutri- lishment of a coherent and comprehen- and integration, and tion, ensuring adequate food supply sive policy for realising the potential of and security; SECTION 3 ii) national governments and parlia- youth so that they are better integrated ments in matters of regional integra- c) integrating population issues into into society to achieve their full potential. REGIONAL COOPERATION tion; development strategies in order to In this context, cooperation shall support AND INTEGRATION improve reproductive health, primary policies, measures and operations aimed b) fostering participation of Least health care, family planning; and preven- at: ARTICLE 28 Developed Countries (LDC) ACP States tion of female genital mutilation; General approach in the establishment of regional mar- a) protecting the rights of children and kets and sharing the benefits therefrom; d) promoting the fight against: youth, especially those of girl children; Cooperation shall provide effective assist- - HIV/AIDS, ensuring the protection of ance to achieve the objectives and prior- c) implementation of sectoral reform pol- sexual and reproductive health and b) promoting the skills, energy, innovation ities which the ACP States have set them- icies at regional level; rights of women; and potential of youth in order to selves in the context of regional and sub- - other poverty-related diseases, particu- enhance their economic, social and cul- regional cooperation and integration, d) liberalisation of trade and payments; larly malaria and tuberculosis; tural opportunities and enlarge their including inter-regional and intra ACP employment opportunities in the pro- e) increasing the security of household cooperation. Regional Cooperation may e) promoting cross border investments ductive sector; water and improving access to safe also involve non-ACP developing coun- both foreign and domestic, and other water and adequate sanitation; tries as well as Overseas Countries and regional or sub regional economic inte- c) helping community-based institutions Territories (OCTs) and outermost regions. gration initiatives; and to give children the opportunity to f) improving the availability of affordable In this context, cooperation support shall develop their physical, psychological, and adequate shelter for all through aim to: f) taking account of the effects of net supporting low cost and low income social and economic potential; transitional costs of regional integra- housing programs and improving urban a) foster the gradual integration of the tion on budget revenue and balance of development; and d) reintegrating into society children in post ACP States into the world economy; payments. conflict situations through rehabilitation g) encouraging the promotion of partici- programmes; and b) accelerate economic cooperation and ARTICLE 30 patory methods of social dialogue as development both within and between well as respect for basic social rights. e) promoting the active participation of the regions of the ACP States; Regional Cooperation young citizens in public life and foster- 2. Cooperation shall also support cap- ing student exchanges and interaction c) promote the free movement of persons, 1. Cooperation shall, in the area of region- acity-building in social areas such as of ACP and EU youth organisations. goods, services, capital, labour and al cooperation, support a wide variety programmes for training in the design technology among ACP countries; of functional and thematic fields which of social policies and modern methods specifically address common problems for managing social projects and pro- ARTICLE 27 d) accelerate diversification of the and take advantage of scale of Cultural development grammes; policies conducive to techno- economies of the ACP States; and co- economies, including: logical innovation and research; build- ordination and harmonisation of ing local expertise and promoting part- Cooperation in the area of culture shall regional and sub-regional cooperation a) infrastructure particularly transport nerships; and round-table discussions aim at: policies; and and communications and safety thereof at national and/or regional level. and services, including the develop- e) promote and expand inter and intra ACP a) integrating the cultural dimension at all ment of regional opportunities in the trade and with third countries. 3. Cooperation shall promote and support levels of development cooperation; area of Information and Communication the development and implementation of Technologies (ICT); policies and of systems of social protection b) recognising, preserving and promoting ARTICLE 29 and security in order to enhance social cultural values and identities to enable Regional economic integration b) the environment; water resource man- cohesion and to promote self help and inter cultural dialogue; agement and energy; community solidarity. The focus of the sup- Cooperation shall, in the area of regional port shall, inter-alia, be on developing ini- c) recognising, preserving and promoting economic integration, support: c) health, education and training; tiatives based on economic solidarity, par- the value of cultural heritage; supporting ticularly by setting-up social development the development of capacity in this sec- a) developing and strengthening the d) research and technological develop- funds adapted to local needs and actors. tor; and capacities of: ment;

24 | Partnership Agreement ACP-EC 2005 revised edition | 25 e) regional initiatives for disaster pre- ii) support for women’s organisations; v) desertification, drought and defor- 2. The Parties shall work together in the paredness and mitigation; and estation; fight against bribery and corruption in iii) access to basic social services, all their societies. f) other areas, including arms control, especially to education and training, vi) developing innovative solutions to action against drugs, organised crimes, health care and family planning; urban environmental problems; and 3. Cooperation shall support ACP States’ money laundering, bribery and corrup- efforts to develop their public institution. iv) access to productive resources, vii) promotion of sustainable tourism. tions into a positive force for growth especially to land and credit and to and development and to achieve major 2. Cooperation shall also support inter labour market; and d) Taking into account issues relating to improvements in the efficiency of and intra-ACP cooperation schemes and the transport and disposal of hazardous government services as they affect v) taking specific account of women in initiatives, including those involving waste. the lives of ordinary people. In this emergency aid and rehabilitation non-ACP developing countries. context, cooperation shall assist the operations. 2. Cooperation shall also take account of: reform, rationalisation and the 3. Cooperation shall help promote and modernisation of the public sector. develop a regional political dialogue in a) the vulnerability of small island ACP Specifically, cooperation support shall areas of conflict prevention and resolu- ARTICLE 32 countries, especially to the threat posed by climate change; focus on: tion; human rights and democratisa- Environment and natural resources tion; exchange, networking, and pro- a) the reform and modernisation of the b) the worsening drought and desertifica- motion of mobility between the differ- 1. Cooperation on environmental protection civil service; tion problems especially of least devel- ent actors of development, in particular and sustainable utilisation and manage- oped and land locked countries; and b) legal and judicial reforms and moderni- in civil society. ment of natural resources shall aim at: sation of justice systems; c) Institutional development and capacity a) mainstreaming environmental sustain- building c) improvement and strengthening of pub- SECTION 4 ability into all aspects of development lic finance management; THEMATIC AND CROSS-CUTTING cooperation and support programmes ISSUES and projects implemented by the various ARTICLE 33 d) accelerating reforms of the banking actors; Institutional development and financial sector; and capacity building e) improvement of the management of ARTICLE 31 b) building and/or strengthening the sci- 1. Cooperation shall pay systematic atten- public assets and reform of public pro- Gender issues entific and technical human and insti- tion to institutional aspects and in this curement procedures; and tutional capacity for environmental context, shall support the efforts of the Cooperation shall help strengthen policies management for all environmental ACP States to develop and strengthen f) political, administrative, economic and and programmes that improve, ensure stakeholders; structures, institutions and procedures financial decentralisation. and broaden the equal participation of that help to: men and women in all spheres of politi- c) supporting specific measures and 4. Cooperation shall also assist to restore cal, economic, social and cultural life. schemes aimed at addressing critical a) promote and sustain democracy, human and/or enhance critical public sector Cooperation shall help improve the access sustainable management issues and dignity, social justice and pluralism, with capacity and to support institutions of women to all resources required for the also relating to current and future full respect for diversity within and needed to underpin a market economy, full exercise of their fundamental rights. regional and international commit- among societies; especially support for: More specifically, cooperation shall create ments concerning mineral and natural the appropriate framework to: resources such as: b) promote and sustain universal and full a) developing legal and regulatory cap- respect for and observance and protec- abilities needed to cope with the opera- a) integrate a gender-sensitive approach i) tropical forests, water resources, tion of all human rights and fundamen- tion of a market economy, including and concerns at every level of develop- coastal, marine and fisheries tal freedoms; competition policy and consumer policy; ment cooperation including macro- resources, wildlife, soils, biodiversity; economic policies, strategies and oper- c) develop and strengthen the rule of law; b) improving capacity to analyse, plan, ations; and ii) protection of fragile ecosystems and improve access to justice, while formulate and implement policies, in (e.g. coral reef); guaranteeing the professionalism and particular in the economic, social, b) encourage the adoption of specific independence of the judicial systems; environmental, research, science and positive measures in favour of women iii) renewable energy sources notably and technology and innovation fields; such as: solar energy and energy efficiency; d) ensure transparent and accountable c) modernising, strengthening and i) participation in national and local iv) sustainable rural and urban devel- governance and administration in all reforming financial and monetary insti- politics; opment; public institutions. tutions and improving procedures;

26 | Partnership Agreement ACP-EC 2005 revised edition | 27 d) building the capacity at the local and TITLE II provisions of the WTO, including special CHAPTER 2 municipal levels which is required to and differential treatment, taking account NEW TRADING implement decentralisation policy and ECONOMIC AND of the Parties’ mutual interests and their to increase the participation of the respective levels of development. ARRANGEMENTS population in the development process; TRADE COOPERATION and ARTICLE 36 CHAPTER 1 ARTICLE 35 Modalities e) developing capacity in other critical OBJECTIVES AND PRINCIPLES Principles areas such as: 1. In view of the objectives and principles 1. Economic and trade cooperation shall set out above, the Parties agree to con- i) international negotiations; and ARTICLE 34 be based on a true, strengthened and clude new World Trade Organisation Objectives strategic partnership. It shall further be (WTO) compatible trading arrange- ii) management and coordination of based on a comprehensive approach ments, removing progressively barriers external aid. 1. Economic and trade cooperation shall which builds on the strengths and to trade between them and enhancing aim at fostering the smooth and gradual achievements of the previous ACP-EC cooperation in all areas relevant to trade. 5. Cooperation shall span all areas and integration of the ACP States into the Conventions, using all means available sectors of cooperation to foster the world economy, with due regard for their to achieve the objectives set out above 2. The Parties agree that the new trading emergence of non State actors and the political choices and development prior- by addressing supply and demand side arrangements shall be introduced grad- development of their capacities; and to ities, thereby promoting their sustain- constraints. In this context, particular ually and recognise the need, therefore, strengthen structures for information, able development and contributing to regard shall be had to trade develop- for a preparatory period. dialogue and consultation between poverty eradication in the ACP countries. ment measures as a means of enhanc- them and the national authorities, ing ACP States’ competitiveness. 3. In order to facilitate the transition to including at regional level. 2. The ultimate objective of economic and Appropriate weight shall therefore be the new trading arrangements, the non- trade cooperation is to enable the ACP given to trade development within the reciprocal trade preferences applied States to play a full part in internation- ACP States’ development strategies, under the Fourth ACP-EC Convention al trade. In this context, particular which the Community shall support. shall be maintained during the prepara- regard shall be had to the need for the tory period for all ACP countries, under 2. Economic and trade cooperation shall ACP States to participate actively in the conditions defined in Annexe V to build on regional integration initiatives multilateral trade negotiations. Given this Agreement. of ACP States, bearing in mind that the current level of development of the regional integration is a key instrument 4. In this context, the Parties reaffirm the ACP countries, economic and trade for the integration of ACP countries into importance of the commodity proto- cooperation shall be directed at the world economy. cols, attached to Annexe V of this enabling the ACP States to manage the Agreement. They agree on the need to challenges of globalisation and to 3. Economic and trade cooperation shall review them in the context of the new adapt progressively to new conditions take account of the different needs and trading arrangements, in particular as of international trade thereby facilitat- levels of development of the ACP coun- regards their compatibility with WTO ing their transition to the liberalised tries and regions. In this context, the rules, with a view to safeguarding the global economy. Parties reaffirm their attachment to benefits derived therefrom, bearing in ensuring special and differential treat- 3. To this end economic and trade cooper- mind the special legal status of the ment for all ACP countries and to main- ation shall aim at enhancing the pro- Sugar Protocol. taining special treatment for ACP LDCs duction, supply and trading capacity of and to taking due account of the vulner- the ACP countries as well as their ability of small, landlocked and island capacity to attract investment. It shall ARTICLE 37 countries. further aim at creating a new trading Procedures dynamic between the Parties, at strengthening the ACP countries trade 1. Economic partnership agreements shall and investment policies and at improv- be negotiated during the preparatory ing the ACP countries’ capacity to han- period which shall end by 31 December dle all issues related to trade. 2007 at the latest. Formal negotiations of the new trading arrangements shall 4. Economic and trade cooperation shall be start in September 2002 and the new implemented in full conformity with the trading arrangements shall enter into

28 | Partnership Agreement ACP-EC 2005 revised edition | 29 force by 1 January 2008, unless earlier 7. Negotiations of the economic partner- examine the impact of the wider liberal- with the provisions set out in this dates are agreed between the Parties. ship agreements shall aim notably at isation initiatives on ACP-EC trade and Agreement, to become active members establishing the timetable for the pro- the development of ACP economies. It of these organisations, by developing 2. All the necessary measures shall be gressive removal of barriers to trade shall make any necessary recommen- the necessary capacity to negotiate, taken so as to ensure that the negoti- between the Parties, in accordance dations with a view to preserving the participate effectively, monitor and ations are successfully concluded within with the relevant WTO rules. On the benefits of the ACP-EC trading arrange- implement these agreements. the preparatory period. To this end, the Community side trade liberalisation ments. period up to the start of the formal shall build on the acquis and shall aim negotiations of the new trading ARTICLE 40 at improving current market access for 3. The Ministerial Trade Committee shall Commodities arrangements shall be actively used to the ACP countries through inter alia, a meet at least once a year. Its rules of make initial preparations for these review of the rules of origin. Negotiations procedure shall be laid down by the 1. The Parties recognise the need to ensure negotiations. shall take account of the level of devel- Council of Ministers. It shall be com- a better operation of international com- opment and the socio economic impact posed of representatives of the ACP 3. The preparatory period shall also be modity markets and to increase market of trade measures on ACP countries, States and of the Community. used for capacity building in the public transparency. and their capacity to adapt and adjust and private sectors of ACP countries, their economies to the liberalisation including measures to enhance com- 2. They confirm their willingness to step process. Negotiations will therefore be petitiveness, for strengthening of CHAPTER 3 up consultations between them in the as flexible as possible in establishing regional organisations and for support COOPERATION IN international fora and organisations the duration of a sufficient transitional to regional trade integration initiatives, dealing with commodities. period, the final product coverage, tak- THE INTERNATIONAL FORA where appropriate with assistance to ing into account sensitive sectors, and budgetary adjustment and fiscal reform, 3. To this end, exchange of views shall take the degree of asymmetry in terms of ARTICLE 39 as well as for infrastructure upgrading place at the request of either Party: timetable for tariff dismantlement, General Provisions and development, and for investment while remaining in conformity with WTO promotion. - regarding the operation of existing rules then prevailing. 1. The Parties underline the importance of international agreements or spe- their active participation in the WTO as 4. The Parties will regularly review the cialised intergovernmental working 8. The Parties shall closely cooperate and well as in other relevant international progress of the preparations and nego- parties with the aim of improving them collaborate in the WTO with a view to organisations by becoming members of tiations and, will in 2006 carry out a for- and making them more effective, con- defending the arrangements reached, these organisations and closely follow- mal and comprehensive review of the sistent with market trends; in particular with regard to the degree ing their agenda and activities. arrangements planned for all countries of flexibility available. - when it is proposed to conclude or to ensure that no further time is needed 2. They agree to cooperate closely in iden- renew an international agreement or for preparations or negotiations. tifying and furthering their common in- 9. The Community will start by the year set up a specialised intergovernmental terests in international economic and 5. Negotiations of the economic partner- 2000, a process which by the end of working party. trade cooperation in particular in the ship agreements will be undertaken multilateral trade negotiations and at the WTO, including participation in setting with ACP countries which consider latest 2005 will allow duty free access for The aim of such exchanges of views shall and conducting the agenda in future themselves in a position to do so, at the essentially all products from all LDC build- be to take account of the respective multilateral trade negotiations. In this level they consider appropriate and in ing on the level of the existing trade provi- interest of each party. They may take context, particular attention shall be paid accordance with the procedures agreed sions of the Fourth ACP-EC Convention place, where necessary, in the frame- to improve access to the Community and by the ACP Group, taking into account and which will simplify and review the work of the Ministerial Trade Committee. other markets for products and services regional integration process within the rules of origin, including cumulation pro- originating in the ACP countries. ACP. visions, that apply to their exports. 3. They also agree on the importance of CHAPTER 4 6. In 2004, the Community will assess the flexibility in WTO rules to take account of TRADE IN SERVICES situation of the non LDC which, after con- ARTICLE 38 the ACP’s level of development as well of sultations with the Community decide Joint Ministerial Trade Committee the difficulties faced in meeting their obli- ARTICLE 41 that they are not in a position to enter into gations. They further agree on the need General Provisions economic partnership agreements and 1. A Joint ACP-EC Ministerial Trade for technical assistance to enable the will examine all alternative possibilities, in Committee shall be established. ACP countries to implement their com- order to provide these countries with a mitments. 1. The Parties underline the growing new framework for trade which is equiva- 2. The Ministerial Trade Committee shall importance of services in international lent to their existing situation and in con- pay special attention to current multi- 4. The Community agrees to assist the ACP trade and their major contribution to formity with WTO rules. lateral trade negotiations and shall States in their efforts, in accordance economic and social development.

30 | Partnership Agreement ACP-EC 2005 revised edition | 31 2. They reaffirm their respective commit- 2. They undertake to promote the liberali- 4. The Parties will therefore take measures between the Parties to strengthen their ments under the General Agreement on sation of maritime transport and to this that will enable inhabitants of ACP capacity to handle all areas related to Trade in Services (GATS), and underline end apply effectively the principle of countries easy access to information and trade, including, where necessary, the need for special and differential unrestricted access to the international communication technologies, through, improving and supporting the institu- treatment to ACP suppliers of services. maritime transport market on a non dis- amongst other, the following measures: tional framework. criminatory and commercial basis. 3. In the framework of the negotiations for - the development and encouragement of progressive liberalisation in trade and 3. Each Party shall grant, inter alia, a the use of affordable renewable energy ARTICLE 45 services, as provided for in Article XIX treatment no less favourable than that resources; Competition Policy of GATS, the Community undertakes to accorded to its own ships, for ships give sympathetic consideration to the operated by nationals or companies of - the development and deployment of 1. The Parties agree that the introduction ACP States’ priorities for improvement the other Party, and for ships registered more extensive low-cost wireless net- and implementation of effective and in the EC schedule, with a view to meet- in the territory of either party, with works; and sound competition policies and rules are ing their specific interests. respect to access to ports, the use of of crucial importance in order to improve infrastructure and auxiliary maritime - the development and encourage- and secure an investment friendly cli- 4. The Parties further agree on the object- services of those ports, as well as re- ment of the use of local content mate, a sustainable industrialisation ive of extending under the economic lated fees and charges, customs facil- for Information and Communication process and transparency in the access to partnership agreements, and after they ities and the assignment of berths and Technologies markets. have acquired some experience in facilities for loading and unloading. applying the Most Favoured Nation 5. The Parties also agree to step up co- 2. To ensure the elimination of distortions (MFN) treatment under GATS, their 4. The Community shall support the ACP operation between them in the area of to sound competition and with due con- partnership to encompass the liberali- States’ efforts to develop and promote information and communication tech- sideration to the different levels of sation of services in accordance with cost effective and efficient maritime nologies, and the Information Society. development and economic needs of the provisions of GATS and particularly transport services in the ACP States This cooperation shall, in particular, be each ACP country, they undertake to those relating to the participation of with a view to increasing the participa- directed towards greater complemen- implement national or regional rules developing countries in liberalisation tion of ACP operators in international tarity and harmonisation of communi- and policies including the control and agreements. shipping services. cation systems, at national, regional under certain conditions the prohibi- and international level and their adap- tion of agreements between undertak- 5. The Community shall support the ACP tation to new technologies. ings, decisions by associations of States’ efforts to strengthen their undertakings and concerted practices capacity in the supply of services. ARTICLE 43 between undertakings which have as Particular attention shall be paid to Information and Communication their object or effect the prevention, services related to labour, business, Technologies, and Information Society CHAPTER 5 restriction or distortion of competition. distribution, finance, tourism, culture The Parties further agree to prohibit the and construction and related engineer- TRADE RELATED AREAS 1. The Parties recognise the important role abuse by one or more undertakings of a ing services with a view to enhancing of information and communication tech- dominant position in the common mar- their competitiveness and thereby nologies, as well as the active participa- ARTICLE 44 ket of the Community or in the territory increasing the value and the volume of tion in the Information Society, as a pre- General Provisions of ACP States. their trade in goods and services. requisite for the successful integration of the ACP countries into the world economy. 1. The Parties acknowledge the growing 3. The Parties also agree to reinforce co- importance of new areas related to operation in this area with a view to for- ARTICLE 42 2. They therefore reconfirm their respective trade in facilitating progressive integra- mulating and supporting effective compe- Maritime Transport commitments under existing multilateral tion of the ACP States into the world tition policies with the appropriate agreements, in particular the protocol on economy. They therefore agree to national competition agencies that 1. The Parties acknowledge the importance Basic Telecommunications attached to strengthen their cooperation in these progressively ensure the efficient of cost-effective and efficient maritime the GATS, and invite those ACP countries, areas by establishing full and coordin- enforcement of the competition rules transport services in a safe and clean which are not yet members of these ated participation in the relevant inter- by both private and state enterprises. marine environment as the main mode agreements, to accede to them. national fora and agreements. Cooperation in this area shall, in par- of transportation facilitating inter- ticular, include assistance in the draft- national trade and thereby constituting 3. They furthermore agree to participate 2. The Community shall support the ACP ing of an appropriate legal framework one of the forces behind economic fully and actively in any future inter- States’ efforts, in accordance with the and its administrative enforcement with development and the development of national negotiation, which might be provisions set out in this Agreement particular reference to the special situa- trade. conducted in this area. and the development strategies agreed tion of the least developed countries.

32 | Partnership Agreement ACP-EC 2005 revised edition | 33 ARTICLE 46 tion as referred to in Article 10a of the - cooperation in the area of quality man- 3. The Parties agree to strengthen their Protection of Intellectual Property Paris Convention for the Protection of agement and assurance in selected cooperation with a view to reinforcing the Rights Industrial Property and protection of sectors of importance to the ACP capacity of the public and the private sec- undisclosed confidential information States, tor of the ACP countries in this field. 1. Without prejudice to the positions of on know how. the Parties in multilateral negotiations, - support for capacity building initia- the Parties recognise the need to 6. The Parties further agree to strengthen tives in the ACP countries in the fields ARTICLE 49 ensure an adequate and effective level their cooperation in this field. Upon of conformity assessment, metrology Trade and Environment of protection of intellectual, industrial request and on mutually agreed terms and standardisation, and commercial property rights, and and conditions cooperation shall inter 1. The Parties reaffirm their commitment other rights covered by TRIPS including alia extend to the following areas: the - developing functioning links between to promoting the development of inter- protection of geographical indications, preparation of laws and regulations for ACP and European standardisation, national trade in such a way as to in line with the international standards the protection and enforcement of intel- conformity assessment and certifica- ensure sustainable and sound manage- with a view to reducing distortions and lectual property rights, the prevention tion institutions. ment of the environment, in accordance impediments to bilateral trade. of the abuse of such rights by righthold- with the international conventions and ers and the infringement of such rights 3. The Parties undertake to consider, in undertakings in this area and with due 2. They underline the importance, in this by competitors, the establishment and due course, negotiating mutual recog- regard to their respective level of devel- context, of adherence to the Agreement reinforcement of domestic and regional nition agreements in sectors of mutual opment. They agree that the special on Trade Related Aspects of Intellectual offices and other agencies including economic interest. needs and requirements of ACP States Property Rights (TRIPS) to the WTO support for regional intellectual prop- should be taken into account in the design and implementation of environ- Agreement and the Convention on erty organisations involved in enforce- ARTICLE 48 Biological Diversity (CBD). ment and protection, including the ment measures. training of personnel. Sanitary and Phytosanitary Measures 3. They also agree on the need to accede to 2. Bearing in mind the Rio Principles and 1. The Parties recognise the right of each all relevant international conventions on with a view to reinforcing the mutual sup- Party to adopt or to enforce sanitary intellectual, industrial and commercial ARTICLE 47 portiveness of trade and environment, and phytosanitary measures necessary property as referred to in Part I of the Standardisation and Certification the Parties agree to enhance their cooper- to protect human, animal or plant life or TRIPS Agreement, in line with their level ation in this field. Cooperation shall in health, subject to the requirement that of development. 1. The Parties agree to cooperate more particular aim at the establishment of closely in the field of standardisation, these measures do not constitute a coherent national, regional and inter- means of arbitrary discrimination or a 4. The Community, its Member States and certification and quality assurance to national policies, reinforcement of quali- disguised restriction to trade, generally. the ACP States may consider the con- remove unnecessary technical barriers ty controls of goods and services related To this end, they reaffirm their commit- clusion of agreements aimed at protect- and to reduce differences between to the environment, the improvement of ments under the Agreement on the ing trademarks and geographical indi- them in those areas, so as to facilitate environment friendly production methods Application of Sanitary and Phytosanitary cations for products of particular inter- trade. in relevant sectors. Measures, annexed to the WTO est of either Party. In this context, they reaffirm their Agreement (SPS Agreement), taking commitment under the Agreement on account of their respective level of ARTICLE 50 5. For the purpose of this Agreement, Technical Barriers to trade, annexed to development. Trade and Labour Standards intellectual property includes in par- the WTO Agreement (TBT Agreement). ticular copyright, including the copy- 2. They further undertake to reinforce 1. The Parties reaffirm their commitment right on computer programmes, and 2. Cooperation in standardisation and cer- coordination, consultation and infor- to the internationally recognised core neighbouring rights, including artistic tification shall aim at promoting com- mation as regards notification and labour standards, as defined by the rele- designs, and industrial property which patible systems between the Parties application of proposed sanitary and vant International Labour Organisation includes utility models, patents and in particular include: phytosanitary measures, in accord- (ILO) Conventions, and in particular the including patents for bio-technological ance with the SPS Agreement when- freedom of association and the right to inventions and plant varieties or other - measures, in accordance with the TBT ever these measures might affect the collective bargaining, the abolition of effective sui generis systems, industri- Agreement, to promote greater use of interests of either Party. They also forced labour, the elimination of worst al designs, geographical indications international technical regulations, agree on prior consultation and coord- forms of child labour and non-discrimina- including appellations of origin, trade- standards and conformity assessment ination within the CODEX ALIMENTAR- tion in respect to employment. marks for goods or services, topog- procedures, including sector specific IUS, the International Office of raphies of integrated circuits as well as measures, in accordance with the level Epizootics and the International Plant 2. They agree to enhance cooperation in the legal protection of data bases and of economic development of ACP Protection Convention, with a view to this area, in particular in the following the protection against unfair competi- countries, furthering their common interests. fields:

34 | Partnership Agreement ACP-EC 2005 revised edition | 35 - exchange of information on the ARTICLE 52 CHAPTER 6 respective legislation and work regula- Tax Carve-out Clause COOPERATION IN OTHER AREAS tion; 1. Without prejudice to the provisions of - the formulation of national labour Article 31 of Annexe IV, the Most Favoured ARTICLE 53 legislation and strengthening of exist- Nation treatment granted in accordance Fishery Agreements ing legislation; with the provisions of this Agreement, or any arrangement adopted under this 1. The Parties declare their willingness to - educational and awareness raising Agreement, does not apply to tax advan- negotiate fishery agreements aimed at programmes; tages which the Parties are providing or guaranteeing sustainable and mutually may provide in the future on the basis of satisfactory conditions for fishing activ- - enforcement of adherence to national agreements to avoid double taxation or ities in ACP States. legislation and work regulation. other tax arrangements, or domestic fiscal legislation. 2. In the conclusion or implementation of 3. The Parties agree that labour standards such agreements, the ACP States shall should not be used for protectionist 2. Nothing in this Agreement, or in any not discriminate against the Community trade purposes. arrangements adopted under this or among the Member States, without Agreement, may be construed to prevent prejudice to special arrangements the adoption or enforcement of any between developing States within the ARTICLE 51 measure aimed at preventing the avoid- same geographical area, including recip- ance or evasion of taxes pursuant to the Consumer Policy and Protection of rocal fishing arrangements, nor shall the tax provisions of agreements to avoid Consumer Health Community discriminate against ACP double taxation or other tax arrange- States. 1. The Parties agree to step up their co- ments, or domestic fiscal legislation. operation in the area of consumer policy ARTICLE 54 and consumer health protection, having 3. Nothing in this Agreement, or in any Food security due regard to domestic legislation to arrangements adopted under this avoid barriers to trade. Agreement, shall be construed to prevent 1. With regard to available agricultural the Parties from distinguishing, in the products, the Community undertakes 2. Cooperation shall, in particular, aim at application of the relevant provisions of to ensure that export refunds can be improving the institutional and technical their fiscal legislation, between taxpay- fixed further in advance for all ACP capacity in this area, establishing rapid ers who are not in the same situation, in States in respect of a range of prod- alert systems of mutual information on particular with regard to their place of ucts drawn up in the light of the food dangerous products, exchanging residence, or with regard to the place requirements expressed by those information and experiences on the where their capital is invested. States. establishment and operation of post market surveillance of products and 2. Advance fixing shall be for one year and product safety, improving information shall be applied each year throughout provided to consumers on prices, the life of this Agreement, it being characteristics of products and services understood that the level of the refund offered, encouraging the development will be determined in accordance with of independent consumer associations the methods normally followed by the and contacts between consumer interest Commission. representatives, improving compatibility of consumer policies and systems, 3. Specific agreements may be concluded notifying enforcement of the legislation with those ACP States which so request and promoting cooperation in in the context of their food security investigating harmful or unfair business policies. practices and implementing exports prohibitions in the trade between the 4. The specific agreements referred to in Parties of goods and services the paragraph 3 shall not place in jeopardy marketing of which has been prohibited production and trade flows in ACP in their country of production. regions.

36 | Partnership Agreement ACP-EC 2005 revised edition | 37 PART 4 DEVELOPMENT FINANCE COOPERATION

38 | Partnership Agreement ACP-EC 2005 revised edition | 39 e) ensure efficiency, coordination and b) adopting the indicative programmes; particular, their financial institutions and TITLE I consistency. development banks; GENERAL c) appraising projects and programmes; PROVISIONS 2. Cooperation shall ensure special treat- b) companies, firms and other private ment for LDC ACP countries and duly d) ensuring equality of conditions for par- organisations and private operators of take into account the vulnerability of ticipation in invitations to tender and ACP States; landlocked and island ACP countries. In contracts; CHAPTER 1 addition, the specific needs of post- c) enterprises of a Community Member OBJECTIVES, PRINCIPLES, conflict countries shall also be e) monitoring and evaluating the effects State to enable them, in addition to their GUIDELINES AND ELIGIBILITY addressed. and results of projects and programmes; own contribution, to undertake produc- and tive projects in the territory of an ACP State; ARTICLE 55 ARTICLE 57 f) ensuring the proper, prompt and efficient Objectives d) ACP or Community financial intermedi- execution of projects and programmes. Guidelines aries providing, promoting and financing The objectives of development finance private investments in ACP States; and 1. Operations financed within the frame- 5. The Community shall be responsible for cooperation shall be, through the provi- work of this Agreement shall be imple- taking financing decisions on projects e) local decentralised authorities from sion of adequate financial resources and mented by the ACP States and the and programmes. ACP States and the Community; and appropriate technical assistance, to sup- Community in close cooperation, the port and promote the efforts of ACP States f) developing countries that are not part concept of equality between the part- 6. Unless otherwise provided for in this to achieve the objectives set out in this of the ACP Group where they participate ners being recognised. Agreement, all decisions requiring the Agreement on the basis of mutual interest approval of either Party shall be in a joint initiative or regional organisa- and in a spirit of interdependence. tion with ACP States. 2. The ACP States shall be responsible for: approved, or be deemed approved, within 60 days of notification by the other 3. Non-State actors from ACP States and a) defining the objectives and priorities on Party. ARTICLE 56 the Community which have a local which the indicative programmes are Principles character shall be eligible for financial based; ARTICLE 58 support provided under this Agreement, 1. Development finance cooperation shall according to the modalities agreed in b) choosing projects and programmes; Eligibility for financing be implemented on the basis of and be the national and regional indicative consistent with the development objec- programmes. c) preparing and presenting the dossiers 1. The following entities or bodies shall be tives, strategies and priorities estab- of projects and programmes; eligible for financial support provided lished by the ACP States, at both nation- under the Agreement: al and regional levels. Their respective d) preparing, negotiating and concluding CHAPTER 2 geographical, social and cultural char- a) ACP States; contracts; SCOPE AND NATURE acteristics, as well as their specific OF FINANCING potential, shall be taken into account. In b) regional or inter-State bodies to which e) implementing and managing projects addition, cooperation shall: one or more ACP States belong, includ- and programmes; and ing bodies with non-ACP State mem- ARTICLE 59 a) promote local ownership at all levels of bers, which are authorised by those f) maintaining projects and programmes. the development process; ACP States; and Within the framework of the priorities established by the ACP State or States 3. Without prejudice to the provisions b) reflect a partnership based on mutual c) joint bodies set up by the ACP States concerned at both national and regional above, eligible non State actors may rights and obligations; and the Community to pursue certain levels, support may be given to projects, also be responsible for proposing and specific objectives. programmes and other forms of opera- c) emphasise the importance of pre- implementing programmes and pro- tions contributing to the objectives set out dictability and security in resource flows, jects in areas concerning them. 2. Subject to the agreement of the ACP in this Agreement. granted on highly concessional terms State or ACP States concerned, the fol- and on a continuous basis; 4. The ACP States and the Community shall lowing shall also be eligible for finan- ARTICLE 60 be jointly responsible for: cial support: d) be flexible and appropriate to the situa- Scope of Financing tion in each ACP State as well as adapted a) establishing, within the joint institu- a) national and/or regional public or semi- to the specific nature of the project or pro- tions, the guidelines for development public agencies and departments of ACP The scope of financing may include, inter gramme concerned; and finance cooperation; States, including Parliaments, and, in alia, depending on the needs and the

40 | Partnership Agreement ACP-EC 2005 revised edition | 41 types of operation considered most ing of inputs in the productive sys- ing to the achievement of the objectives a) the level of development, the geo- appropriate, support to: tem and supplies to improve social of this Agreement. graphical situation and economic and services; financial circumstances of these a) measures which contribute to attenuate 6. The funds provided under the Agreement States; the debt burden and balance of pay- ii) sectoral import programmes in the may be used to cover the total costs of ments problems of the ACP countries; form of foreign exchange released in both the local and foreign expenditure of b) the nature of the project or programme, instalments for financing sectoral projects and programmes, including its economic and financial return as b) macroeconomic and structural reforms imports; and recurrent cost financing. well as its social and cultural impact; and policies; and iii) general import programmes in the c) mitigation of adverse effects of in- c) in the case of loans, factors guarantee- form of foreign exchange released in stability in export earnings; ing their servicing. instalments for financing general TITLE II imports covering a wide range of d) sectoral policies and reforms; FINANCIAL products. COOPERATION ARTICLE 64 e) institutional development and capacity On lending operations building; 2. Direct budgetary assistance in support of macroeconomic or sectoral reforms 1. Financial assistance may be made avail- f) technical cooperation programmes; and shall be granted where: CHAPTER 1 able to or through the ACP States con- FINANCIAL RESOURCES g) humanitarian and emergency assist- a) public expenditure management is suf- cerned or, subject to the provisions of ance including assistance to refugees ficiently transparent, accountable and this Agreement through eligible finan- and displaced persons, short term effective; ARTICLE 62 cial institutions or directly to any other rehabilitation measures and disaster Overall amount eligible beneficiary. Where financial preparedness. b) well defined macroeconomic or sec- assistance is granted to the final recipi- toral policies established by the coun- 1. For the purposes set out in this ent through an intermediary or directly try itself and agreed to by its main Agreement, the overall amount of the to the final beneficiary in the private ARTICLE 61 donors are in place; and Community’s financial assistance and the sector: detailed terms and conditions of financ- Nature of Financing c) public procurement is open and trans- ing are provided for in the Annexes to this a) the terms and conditions on which the parent. Agreement. assistance may be made available by 1. The nature of financing shall, inter alia, the intermediary to the final recipient or include: 3. Similar direct budgetary assistance 2. Should an ACP State fail to ratify this directly to the final beneficiary in the shall be granted gradually to sectoral a) projects and programmes; Agreement or denounce it, the Parties private sector shall be laid down in the policies in substitution for individual shall adjust the amounts of the financing agreement or loan contract; b) credit lines, guarantee schemes and projects. resources provided for in the Financial and equity participation; Protocol set out in Annexe I. 4. The instruments of import programmes Adjustment of the financial resources b) any financial benefit accruing to the c) budgetary support, either directly, for or budgetary support defined above can shall also apply upon: intermediary from the on lending trans- the ACP States whose currencies are also be used to support eligible ACP action or resulting from direct lending convertible and freely transferable, or States implementing reforms aimed at a) the accession to the Agreement of new operations to the final beneficiary in indirectly, from counterparts funds gen- intra-regional economic liberalisation ACP States which did not take part in its the private sector, shall be used for erated by the various Community which generate net transitional costs. negotiation; and development purposes on the condi- instruments; tions laid down in the financing agree- 5. In the framework of the Agreement, the b) the enlargement of the Community. ment or the loan contract, after taking d) the human and material resources ne- European Development Fund (here- into account administrative costs, cessary for effective administration inafter referred to as the Fund) including exchange and financial risks and the and supervision of projects and pro- counterpart funds, unexpended balance ARTICLE 63 cost of technical assistance given to the grammes; from previous Funds, own resources of final recipient. Methods of financing the European Investment Bank (here- e) sectoral and general import support inafter referred to as the Bank) and 2. Where the financing is undertaken programmes which may take the form The methods of financing for each project where appropriate resources drawn from through an on-lending body based of: the European Community’s budget, shall or programme shall be determined jointly and/or operating in the ACP States, it i) sectoral import programmes through be used to finance projects, programmes by the ACP State or States concerned and shall be the responsibility of that body to direct procurement including financ- and other forms of operations contribut- the Community by reference to: select and appraise individual projects

42 | Partnership Agreement ACP-EC 2005 revised edition | 43 and to administer the funds placed at its CHAPTER 2 amount required for payments in c) take account of the effects of net transi- disposal under the conditions provided national currency. tional costs of regional integration on for in this Agreement and by mutual DEBT AND STRUCTURAL budget revenue and balance of pay- 4. Given the seriousness of the inter- agreement between the Parties. ADJUSTMENT SUPPORT ments, either through general import national debt problem and its impact on programmes or budgetary support. economic growth, the Parties declare ARTICLE 65 ARTICLE 66 their readiness to continue to exchange Support for debt relief 3. ACP States undertaking or contemplat- Co-financing views, within the context of internation- ing reform at the macroeconomic or sec- al discussions, on the general problem 1. In order to attenuate the debt burden of toral level shall be eligible for structural 1. The financial resources provided for in of debt, and without prejudice to spe- the ACP States and their balance-of- adjustment assistance, giving consider- this Agreement may be applied, at the cific discussions taking place in the rele- payment problems, the Parties agree to ation to the regional context, their request of the ACP States, to co-financ- vant fora. use the resources provided for in this effectiveness and the likely impact on ing undertaken in particular with devel- Agreement to contribute to debt relief the economic, social and political dimen- opment agencies and institutions, initiatives approved at international ARTICLE 67 sion of development and on economic Community Member States, ACP States, level for the benefit of ACP countries. In Structural adjustment support and social hardships being experienced. third countries or international or pri- addition, on a case by case basis, the vate financial institutions, firms or 1. The Agreement shall provide support for use of resources which have not been 4. The ACP States undertaking reform export credit agencies. macroeconomic and sectoral reforms committed in the framework of past programmes that are acknowledged implemented by the ACP States. In this indicative programmes shall be acceler- and supported at least by the principal 2. Special consideration shall be given to framework, the Parties shall ensure that ated through the quick disbursing multilateral donors, or that are agreed the possibility of co-financing in cases adjustment is economically viable and instruments provided for in this Agree- with such donors but not necessarily where Community participation will socially and politically bearable. Support ment. The Community furthermore com- financially supported by them, shall be encourage the participation of other shall be given in the context of a joint mits itself to examine how in the longer treated as having automatically satis- sources of finance and where such assessment between the Community term other resources than the EDF can be fied the requirements for adjustment financing may lead to an advantageous and the ACP State concerned on the mobilised in support of internationally assistance. financial package for the ACP State con- reform measures being undertaken or agreed debt relief initiatives. cerned. contemplated either at macroeconomic 5. Structural adjustment support shall be or sectoral level, and permit an overall 3. Co-financing may be in the form of joint 2. At the request of an ACP State, the mobilised in a flexible manner and in the evaluation of the reform efforts. Quick or parallel financing. Preference shall be Community may grant: form of sectoral and general import pro- disbursement shall be an important fea- given in each case to the solution, which grammes or budgetary support. ture of support programmes. is more suitable from the point of view of a) assistance in studying and finding prac- cost effectiveness. In addition, meas- tical solutions to indebtedness including 6. The preparation, appraisal and financing 2. The ACP States and the Community ures shall be taken to coordinate and domestic debt, debt-servicing difficul- decision for structural adjustment pro- recognise the necessity to encourage harmonise operations of the Community ties and balance of payments problems; grammes shall be carried out according reform programmes at regional level and those of other co-financing bodies b) training in debt management and inter- to the provisions on implementation pro- ensuring that, in the preparation and in order to minimise the number of pro- national financial negotiations as well cedures of this Agreement with due execution of national programmes, due cedures to be undertaken by the ACP as support for training workshops, regard to the quick disbursing feature of consideration is given to regional activ- States and to render those procedures courses and seminars in these fields; structural adjustment programmes. On a ities which have an influence on nation- more flexible. and case-by-case basis, retroactive financing al development. To this end, support for c) assistance to develop flexible tech- of a limited part of imports of ACP-EC ori- 4. The process of consultation and coordi- structural adjustment shall also seek niques and instruments of debt man- gin may be permissible. nation with other donors and co-finan- to: agement. ciers should be strengthened and devel- a) incorporate, from the beginning of the 7. The implementation of each support oped, where possible, through the 3. In order to contribute to the servicing of diagnosis, measures to encourage programme shall ensure that the eligi- establishment of co-financing frame- the debt resulting from loans from the regional integration and take account of bility of ACP economic operators for work agreements and co-financing pol- Bank’s own resources, special loans the consequences of trans border access to the resources of the pro- icies and procedures should be reviewed and risk capital, the ACP States may, in adjustment; gramme is as wide and transparent as to ensure effectiveness and the best accordance with arrangements to be b) support the harmonisation and coordi- possible and that the procurement pro- terms and conditions possible. made on a case by case basis with the nation of macroeconomic and sectoral cedures accord with the administrative Commission, use the available foreign policies, including fiscal and customs and commercial practices in the State currency referred to in this Agreement areas, so as to fulfil the dual aim of concerned, while ensuring the best pos- for such servicing, as and when debt regional integration and of structural sible price/quality ratio on imported repayment falls due and up to the reform at national level; and goods and the necessary consistency

44 | Partnership Agreement ACP-EC 2005 revised edition | 45 with the progress achieved internation- modalities of the support mechanism CHAPTER 5 sectors of concentration of the indica- ally for harmonising the procedures for as set out in Annexe II on Terms and MICROPROJECTS AND tive programmes, but may be a way of supporting structural adjustment. Conditions of Financing. achieving the specific objectives of the DECENTRALISED COOPERATION indicative programme or the results of 5. The Community shall also provide sup- initiatives by local communities or port for market based insurance decentralised agents. schemes designed for ACP States seek- ARTICLE 70 CHAPTER 3 ing to protect themselves against the 2. Contributions for the financing of micro- SUPPORT IN CASES OF SHORT risk of fluctuations in export earnings. projects and decentralised cooperation In order to respond to the needs of local shall be made by the Fund, in which case TERM FLUCTUATIONS communities with regard to development, the contribution shall not normally IN EXPORT EARNINGS and to encourage all agents of de- exceed three quarters of the total cost of centralised cooperation which are in a each project and may not exceed the limit position to contribute to the autonomous CHAPTER 4 set in the indicative programme. The ARTICLE 68 development of the ACP States to put SUPPORT FOR SECTORAL remaining balance shall be provided: forward and implement initiatives, POLICIES 1. The Parties recognise that instability of cooperation shall support, within the a) by the local community concerned in export earnings, particularly in the agri- framework laid down in the rules and case of micro-projects (either in kind or cultural and mining sectors, may national legislation of the ACP States in the form of services or cash and adversely affect the development of the ARTICLE 69 concerned and the provisions of the adapted to its capacity to contribute); ACP States and jeopardise the attain- indicative programme, such development ment of their development require- 1. Cooperation shall support, through the operations. In this context, cooperation b) by the agents of decentralised cooper- ments. A system of additional support various instruments and modalities pro- shall support: ation, provided that the financial, in order to mitigate the adverse effects vided for in the Agreement: technical, material and other of any instability in export earnings, a) micro projects at local level which have resources brought in by such agents shall not normally be less than 25% of including in the agricultural and mining a) social and economic sectoral policies an economic and social impact on the the estimated cost of the project/pro- sectors, is therefore set up within the and reforms; life of the people, meet a demonstrated financial envelope for support to long- and observed priority need, and shall gramme; and term development. b) measures to enhance productive sector be undertaken at the initiative and with c) exceptionally by the ACP State con- activity and export competitiveness; the active participation of the local cerned, either in the form of a financial 2. The purpose of support in cases of community which shall benefit there- contribution or through the use of pub- short-term fluctuations in export earn- c) measures to expand social sector ser- from; and lic equipment or the supply of services. ings is to safeguard socio-economic vices; and reforms and policies that could be b) decentralised cooperation, in particular 3. The procedures applicable to projects where such operations combine efforts affected negatively pas a result of a d) thematic and cross cutting issues. and programmes financed within the drop in revenue and to remedy the and resources of decentralised agents framework of microprojects or decen- adverse effects of instability of export from the ACP States and their counter- 2. This support shall be provided as tralised cooperation shall be those laid earnings, in particular from agricultural parts from the Community. This form of appropriate through: down in the Agreement, in particular and mining products. cooperation shall enable the mobilisa- those referred to in multi-annual pro- tion of capabilities, innovative operat- grammes. a) sectoral programmes; 3. The extreme dependence of the ACP ing methods and resources of decen- States’ economies on exports, in par- tralised agents for the development of b) budgetary support; ticular from the agricultural and mining the ACP State. CHAPTER 6 sectors, shall be taken into account in HUMANITARIAN AND the allocation of resources in the year c) investments; EMERGENCY ASSISTANCE of application. In this context, the least ARTICLE 71 developed, landlocked and island, post d) rehabilitation; conflict and post natural disaster ACP 1. Microprojects and decentralised coop- ARTICLE 72 States shall receive more favourable e) training; eration operations may be supported treatment. from the financial resources of the 1. Humanitarian and emergency assistance f) technical assistance; and Agreement. Projects or programmes shall be accorded to the population in 4. The additional resources shall be pro- under this form of cooperation may or ACP States faced with serious economic vided in accordance with the specific g) institutional support. may not be linked to programmes in the and social difficulties of an exceptional

46 | Partnership Agreement ACP-EC 2005 revised edition | 47 nature resulting from natural disasters, facilitate action for their voluntary remove as far as possible the causes of c) encourage the EU private sector to man made crises such as wars and other repatriation and re-integration in their the crisis and strengthen institutions invest and to provide specific assistance conflicts or extraordinary circumstances country of origin; and and the ownership by local and national to its counterparts in the ACP countries having comparable effects. The humani- actors of their role in formulating a sus- under mutual business cooperation and tarian and emergency assistance shall be e) assist the ACP State in setting up disaster tainable development policy for the ACP partnerships; maintained for as long as necessary to prevention and preparedness mechan- country concerned. deal with the emergency needs resulting isms, including prediction and early- d) facilitate partnerships and joint ven- from these situations. warning systems, with a view to reducing 2. Short term emergency action shall only tures by encouraging co financing; the consequences of disasters. in exceptional circumstances be e) sponsor sectoral investment fora to 2. Humanitarian and emergency assis- financed under the Fund where such promote partnerships and external tance shall be granted exclusively 4. Similar assistance, as set out above, assistance cannot be financed from the investment; according to the needs and interests may be granted to ACP States taking Community’s budget. of victims of disasters and in line with in refugees or returnees to meet acute f) support efforts of the ACP States to the principles of international humani- needs not covered by emergency attract financing, with particular em- tarian law. In particular, there shall be assistance. phasis on private financing, for infra- no discrimination between victims on CHAPTER 7 structure investments and revenue gen- grounds of race, ethnic origin, reli- 5. Underlining the developmental nature INVESTMENT AND erating infrastructure critical for the pri- gion, gender, age, nationality or polit- of the assistance granted in accordance PRIVATE SECTOR vate sector; ical affiliation and free access to and with this Article, assistance may be DEVELOPMENT SUPPORT used exceptionally together with the protection of victims shall be guaran- g) support capacity building for domestic indicative programme at the request of teed as well as the security of humani- investment promotion agencies and the State concerned. ARTICLE 74 tarian personnel and equipment. institutions involved in promoting and Cooperation shall, through financial and facilitating foreign investment; 3. Humanitarian and emergency assis- 6. Humanitarian and emergency assist- technical assistance, support the policies tance shall aim to: ance operations shall be undertaken h) disseminate information on investment and strategies for investment and private either at the request of the ACP country opportunities and business operating sector development as set out in this a) safeguard human lives in crises and affected by the crisis situation, the conditions in the ACP States; and Agreement. immediate post crisis situations brought Commission, international organisations about by natural disasters, conflict or or local or international non State i) promote national, regional and ACP- war; organisations. Such assistance shall be ARTICLE 75 EU private sector business dialogue, administered and implemented under Investment promotion cooperation and partnerships, in par- b) contribute to the financing and delivery procedures permitting operations that ticular through an ACP-EU private sec- of humanitarian aid and to the direct are rapid, flexible and effective. The The ACP States, the Community and its tor business forum. Support for opera- access to it of its intended beneficiaries Community shall take adequate steps Member States, within the scope of their tions of an ACP-EU private sector busi- by all logistical means available; to facilitate speedy action, which is respective competencies, recognising the ness forum shall be provided in pur- required to meet the immediate needs importance of private investment in the suit of the following objectives: c) carry out short term rehabilitation and for which emergency assistance is promotion of their development coopera- i) to facilitate dialogue within the ACP/ reconstruction to enable the parts of needed. tion and acknowledging the need to take EU private sector and between the the population affected to benefit once steps to promote such investment, shall: ACP/EU private sector and the bodies more from a minimum of socio-econom- ARTICLE 73 established under the Agreement; ic integration and, as soon as possible, a) implement measures to encourage par- create the conditions for a resumption 1. Post emergency action, aimed at physi- ticipation in their development efforts ii) to analyse and periodically provide the of development on the basis of long cal and social rehabilitation consequent by private investors who comply with relevant bodies with information on the term objectives set by the ACP country on the results of natural disasters or the objectives and priorities of ACP-EC whole range of issues concerning rela- concerned; extraordinary circumstances having development cooperation and with the tions between the ACP and EU private comparable effects, may be undertaken appropriate laws and regulations of sectors in the context of the Agreement d) address the needs arising from the dis- with Community assistance under this their respective States; or, more generally, of economic rela- placement of people (refugees, dis- Agreement. Such action, using effective tions between the Community and the placed persons and returnees) follow- and flexible mechanisms, must ease b) take measures and actions which help ACP countries; and ing natural or man-made disasters so the transition from the emergency to create and maintain a predictable as to meet, for as long as necessary, all phase to the development phase, pro- and secure investment climate as well iii) to analyse and provide the relevant the needs of refugees and displaced mote the socio-economic reintegration as enter into negotiations on agree- bodies with information on specific persons (wherever they may be) and of the parts of the population affected, ments which will improve such climate; problems of a sectoral nature relating

48 | Partnership Agreement ACP-EC 2005 revised edition | 49 to, inter alia, branches of production ARTICLE 77 4. Cooperation shall provide such support TITLE III or types of products at regional or Investment guarantees on the basis of complementary and sub-regional level. added value with respect to private TECHNICAL COOPERATION and/or public initiatives and, whenever 1. Investment guarantees are an feasible, in partnership with private increasingly important tool for devel- and other public organisations. The opment finance as they contribute to ACP and the EC will within the frame- ARTICLE 79 ARTICLE 76 reducing project risks and inducing work of the ACP-EC Development Investment finance and support private capital flows. Cooperation Finance Cooperation Committee under- 1. Technical cooperation shall assist the shall therefore ensure the increasing take a joint study on the proposal to set ACP States in the development of 1. Cooperation shall provide long-term availability and use of risk insurance up an ACP-EC Guarantee Agency to pro- national and regional manpower financial resources, including risk cap- as a risk mitigating mechanism in vide and manage investment guarantee resources, the sustained development ital, to assist in promoting growth in order to boost investor confidence in programmes. of the institutions critical for develop- the private sector and help to mobilise the ACP States. ment success, including inter alia domestic and foreign capital for this strengthening ACP consulting firms and purpose. To this end, cooperation 2. Cooperation shall offer guarantees ARTICLE 78 organisations, as well as exchange shall provide, in particular: and assist with guarantees funds Investment protection arrangements involving consultants covering risks for qualified invest- from both ACP and EU firms. a)grants for financial and technical assist- ment. Specifically, cooperation shall 1. The ACP States and the Community and ance to support policy reforms, human provide support to: its Member States, within the scope of 2. Furthermore, technical cooperation, resource development, institutional their respective competencies, affirm shall be cost-effective and relevant to capacity-building or other forms of insti- a) reinsurance schemes to cover foreign the need to promote and protect either the need for which it is intended, and tutional support related to a specific direct investment by eligible investors; Party’s investments on their respective shall also favour the transfer of know- investment, measures to increase the against legal uncertainties and the territories, and in this context affirm the how and increase national and regional competitiveness of enterprises and to major risks of expropriation, currency importance of concluding, in their capabilities. Technical cooperation shall strengthen the capacities of the private transfer restriction, war and civil disturb- mutual interest, investment promotion contribute to the achievement of project financial and non-financial intermedi- ance, and breach of contract. Investors and protection agreements which could and programme goals, including efforts aries, investment facilitation and pro- may insure projects for any combination also provide the basis for insurance to strengthen management capacity of motion and competitiveness enhance- of the four types of coverage; and guarantee schemes. the National and Regional Authorising ment activities; Officers. Technical assistance shall: 2. In order to encourage European invest- b) guarantee programmes to cover risk in ment in development projects of special b)advisory and consultative services to the form of partial guarantees for debt a) be demand driven and thus made avail- importance to, and promoted by the assist in creating a responsive invest- financing. Both partial risk and partial able only at the request of the ACP State ACP States, the Community and the ment climate and information base credit guarantee shall be available; or States concerned, and adapted to Member States, on the one hand and to guide and encourage the flow of and recipient needs; capital; the ACP States on the other, may also conclude agreements relating to specif- b) complement and support ACP efforts to c) national and regional guarantee funds, ic projects of mutual interest where the identify their own requirements; c)risk capital for equity or quasi-equity involving, in particular, domestic finan- Community and European enterprises investments, guarantees in support of cial institutions or investors for encour- contribute towards their financing. c) be monitored and followed up to guaran- domestic and foreign private invest- aging the development of the financial tee effectiveness; ment and loans or lines of credit on sector. 3. The Parties also agree to introduce, the conditions laid down in Annexe II within the economic partnership agree- d) encourage the participation of ACP "Terms and Conditions of Financing" 3. Cooperation shall also provide support ments, and while respecting the respec- experts, consultancy firms and educa- to this Agreement; and to capacity-building, institutional sup- tive competencies of the Community tional and research institutions in port and participation in the core fund- and its Member States, general prin- contracts financed from the Fund and d)loans from the Bank’s own resources. ing of national and/or regional initia- ciples on protection and promotion of identify ways of employing qualified tives to reduce the commercial risks for investments, which will endorse the national and regional personnel on 2. Loans from the Bank’s own resources investors (inter alia guarantee funds, best results agreed in the competent Fund projects; shall be granted in accordance with its regulatory bodies, arbitration mechan- international fora or bilaterally. statute and with the terms and condi- isms and judiciary systems to enhance e) encourage the secondment of ACP tions laid down in Annexe II to this the protection of investments improv- national cadres as consultants to an Agreement. ing the export credit systems). institution in their own country, or a

50 | Partnership Agreement ACP-EC 2005 revised edition | 51 neighbouring country, or to a regional ARTICLE 80 ARTICLE 83 representation and the number of mem- organisation; ACP-EC Development Finance bers of the Committee, the detailed With a view to reversing the brain drain from Cooperation Committee arrangements for their deliberations the ACP States, the Community shall assist f) aim at developing knowledge of nation- and the conditions for holding the chair. ACP States which so request to facilitate the al and regional manpower constraints 1. The Council of Ministers shall at least return of qualified ACP nationals resident in and potential and establish a register of once a year examine whether the object- 5. The ACP-EC Committee may convene developed countries through appropriate ACP experts, consultants and consult- ives of development finance coopera- meetings of experts to study the cause re-installation incentives. ancy firms suitable for employment on tion are being attained and shall exam- of any difficulties and bottlenecks, projects and programmes financed from ine the general and specific problems which may impede the efficient imple- the Fund; resulting from the implementation of mentation of development coopera- that cooperation. To this end, an ACP-EC tion. These experts shall make recom- g) support intra ACP technical assistance TITLE IV Development Finance Cooperation mendations to the Committee on pos- in order to promote the exchange Committee, hereinafter referred to as sible ways of removing such difficulties between the ACP States of technical PROCEDURES AND "the ACP-EC Committee", shall be set and bottlenecks. assistance, management and profes- MANAGEMENT SYSTEMS up within the Council of Ministers. sional expertise; 2. The ACP-EC Committee shall, inter alia: h) develop action programmes for long term institution building and staff ARTICLE 81 a) ensure the overall achievement of the development as an integral part of pro- Procedures objectives and principles of develop- ject and programme planning, account ment finance cooperation and establish being taken of the necessary financial Management procedures shall be trans- general guidelines for their effective requirements; parent, easy to apply and shall enable the and timely implementation; decentralisation of tasks and responsibili- i) support arrangements to enhance the ties to the field. The implementation of b) examine the problems arising from the capacity of the ACP States to build up ACP-EU development cooperation shall be implementation of development co- their own expertise; and open to non-State actors in areas that con- operation activities and propose cern them. The detailed procedural provi- appropriate measures; j) give special attention to the development sions for programming, preparation, of the ACP States’ capacities in project implementation and the management of c) review the annexes to the Agreement to planning, implementation and evaluation, financial and technical cooperation are ensure their continued relevance and as well budget management. laid down in Annexe IV on Implementation recommend any appropriate amend- and Management Procedures. The Council ments to the Council of Ministers for of Ministers may review, revise and amend 3. Technical assistance may be provided in approval; and these provisions on the basis of a recom- all areas of cooperation and within the mendation from the ACP-EC Development limits of the mandate of this Agreement. d) examine the operations deployed within Finance Cooperation Committee. The activities covered would be diverse in the framework of the Agreement to attain scope and nature, and would be tailored the objectives of promoting private sec- to meet the needs of the ACP States. tor development and investment and the ARTICLE 82 operations of the Investment Facility. 4. Technical cooperation may be either of Executing agents 3. The ACP-EC Committee, which shall a specific or a general nature. The ACP- meet every quarter, shall be composed, EC Development Finance Cooperation For the implementation of financial on a basis of parity, of representatives Committee shall establish the guide- and technical cooperation under this of the ACP States and of the Community, lines for the implementation of techni- Agreement, executing agents are design- or their authorised representatives. It cal cooperation. ated. Detailed provisions for the responsibilities of the executing agents are laid shall meet at ministerial level whenever down in Annexe IV on Implementation and one of the parties so requests and at Management Procedures. least once a year.

4. The Council of Ministers shall lay down the ACP-EC Committee’s rules of procedure, in particular the conditions for

52 | Partnership Agreement ACP-EC 2005 revised edition | 53 PART 5 GENERAL PROVISIONS FOR THE LEAST DEVELOPED, LANDLOCKED AND ISLAND ACP STATES (LDLICS)

54 | Partnership Agreement ACP-EC 2005 revised edition | 55 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 GENERAL PROVISIONS LEAST DEVELOPED ACP STATES LANDLOCKED ACP STATES ISLAND ACP STATES

ARTICLE 84 ARTICLE 85 ARTICLE 87 ARTICLE 89

1. To enable LDLICs to take full advantage 1. The least developed ACP States shall be 1. Specific provisions and measures shall 1. Specific actions shall be pursued to of the opportunities offered by the accorded a special treatment in order to be established to support landlocked support island ACP States in their Agreement so as to step up their enable them to overcome the serious ACP States in their efforts to overcome efforts to halt and reverse their increas- respective rates of development, co- economic and social difficulties hinder- the geographical difficulties and other ing vulnerability caused by new and operation shall ensure special treatment ing their development so as to step up obstacles hampering their development severe economic, social and ecological for the least developed ACP countries their respective rates of development. so as to enable them to step up their challenges. These actions shall seek to and take due account of the vulnerabil- respective rates of development. advance the implementation of the ity of landlocked and island ACP coun- 2. The list of least-developed countries is small island developing States’ prio- tries. It shall also take into consideration given in Annexe VI. It may be amended 2. The list of landlocked ACP States is rities for sustainable development, the needs of countries in post conflict by a decision of the Council of Ministers given in Annexe VI. It may be amended while promoting a harmonised situations. where: by decision of the Council of Ministers approach to their economic growth and when a third State in a comparable human development. 2. Independently of the specific measures a) a third State in a comparable situation situation accedes to the Agreement. and provisions for the least-developed, accedes to this Agreement; and 2. The list of island ACP States is given in landlocked and island countries in the Annexe VI. It may be amended by deci- different chapters of the Agreement, b) the economic situation of an ACP State sion of the Council of Ministers when a special attention shall be paid in changes considerably and durably to third State in a comparable situation respect of these groups as well as coun- the extent that it needs to be included accedes to the Agreement. tries in post-conflict situations to: in the least developed category or its ARTICLE 88 inclusion in that category is no longer a) the strengthening of regional coopera- justified. The provisions adopted in respect of the tion; landlocked ACP States are contained in the following Articles: 2, 32, 35, 56, 68, b) transport and communications’ infra- 84, 87. ARTICLE 90 structure; The provisions adopted in respect of the c) the efficient exploitation of marine ARTICLE 86 island ACP States are contained in the fol- resources and the marketing of prod- lowing Articles: 2, 32, 35, 56, 68, 84, 89. ucts so produced and, in the case of The provisions adopted in respect of the landlocked countries, inland fisheries; least-developed ACP States are contained in the following Articles: 2, 29, 32, 35, 37, d) structural adjustment where account 56, 68, 84, 85. shall be taken of the level of development of these countries and equally, at the implementation stage, of the social dimension of adjustment; and e) the implementation of food strategies and integrated development programmes.

56 | Partnership Agreement ACP-EC 2005 revised edition | 57 PART 6 FINAL PROVISIONS

58 | Partnership Agreement ACP-EC 2005 revised edition | 59 ARTICLE 91 4. An ACP signatory State that has not ARTICLE 94 Any new Member State of the European Conflict between this Agreement completed the procedures set out in Accession Union shall become a Party to this and other treaties paragraphs 1 and 2 by the date on Agreement from the date of its acces- which this Agreement enters into force 1. Any request for accession to this sion by means of a clause to that effect No treaty, convention, agreement or as provided for in paragraph 3 may do Agreement made by an independent in the act of accession. If the act of arrangement of any kind between one or so only within the 12 months following State whose structural characteristics accession to the Union does not provide more Member States of the Community that date, without prejudice to the pro- and economic and social situation are for such automatic accession of the and one or more ACP States may impede visions of paragraph 6. comparable to those of the ACP States Member State to this Agreement, the the implementation of this Agreement. shall be presented to the Council of Member State concerned shall accede For such States this Agreement shall Ministers. by depositing an act of accession with become applicable on the first day of the General Secretariat of the Council of ARTICLE 92 the second month following the com- If the request is approved by the Council the European Union, which shall send a pletion of these procedures. These of Ministers, the State concerned shall certified copy to the ACP Secretariat Scope of territorial application States shall recognise the validity of accede to this Agreement by depositing and notify the Member States. any measure taken to implement the an act of accession with the General Subject to the special provisions regard- Agreement after the date of its entry Secretariat of the Council of the The Parties shall review the effects of the ing the relations between the ACP States into force. European Union, which shall send a cer- accession of new Member States on this and the French overseas departments tified copy to the ACP Secretariat and Agreement. The Council of Ministers may provided for therein, this Agreement 5. The rules of procedure of the joint notify the Member States. The Council decide on any transitional or amending shall apply, on the one hand, to the terri- institutions set up under this of Ministers may lay down any amend- measures that might be necessary. tories in which the Treaty establishing Agreement shall lay down the condi- ing measures that might be necessary. the European Community is applied and tions under which the representatives under the conditions laid down in that of signatory States referred to in para- The State concerned shall enjoy the Treaty and, on the other hand, to the ter- ARTICLE 95 graph 4 may attend those institutions same rights and be subject to the same ritories of the ACP States. Duration of the agreement as observers. obligations as the ACP States. Its accession may not infringe on the and revision clause 6. The Council of Ministers may decide to benefits enjoyed by the ACP States signa- ARTICLE 93 accord special support to ACP States tory to this Agreement under the provi- 1. This Agreement is hereby concluded for Ratification and entry into force party to previous ACP-EC Conventions sions on development cooperation a period of twenty years, commencing which, in the absence of normally financing. The Council of Ministers may on 1 March 2000. 1. This Agreement shall be ratified or established government institutions, lay down the conditions and specific approved by the signatory Parties in have not been able to sign or ratify this arrangements for the accession of an 2. Financial protocols are defined for each accordance with their respective consti- Agreement. This support may concern individual State in a special protocol five-year period. tutional rules and procedures. institution building and economic and that shall form an integral part of the social development activities, taking Agreement. 3. The Community and the Member States, 2. The instruments of ratification or particular account of the needs of the on the one hand, and the ACP States, on approval of this Agreement shall be most vulnerable sections of the popula- 2. The Council of Ministers shall be the other, shall notify the other Party not deposited in the case of the ACP States, tion. In this context, such countries will advised of any request made by a third later than 12 months before the expiry of with the General Secretariat of the be able to draw on the funds provided State to become a member of an eco- each five-year period of any review of Council of the European Union and in for in Part 4 of this Agreement for finan- nomic grouping of ACP States. the provisions they desire to make the case of the Community and the cial and technical cooperation. with a view to a possible amendment Member States, with the General 3. The Council of Ministers shall be advised of the Agreement. This shall not apply, Secretariat of the ACP States. The By way of derogation from paragraph 4, of any request made by a third State to however, to the provisions on econom- Secretariats shall promptly notify the the countries concerned which are sig- become a member of the European ic and trade cooperation, for which a spe- signatory States and the Community. natories to the Agreement may com- Union. During the negotiations between cial review procedure is provided for. plete the ratification procedures within the Union and the applicant State, the Notwithstanding this time limit, if one 3. This Agreement shall enter into force on twelve months of the restoration of gov- Community shall provide the ACP States Party requests the review of any provi- the first day of the second month follow- ernment institutions. with any relevant information and they in sions of the Agreement, the other Party ing the date of deposit of the instruments turn shall convey their concerns to the shall have a period of two months in of ratification of the Member States and of The countries concerned which have nei- Community so that it can take them fully which to request the extension of the at least two thirds of the ACP States, and ther signed nor ratified the Agreement into account. The ACP Secretariat shall be review to other provisions related to of the instrument of approval of this may accede to it by means of the acces- notified by the Community of any acces- those which were the subject of the initial Agreement by the Community. sion procedure provided for in Article 94. sion to the European Union. request.

60 | Partnership Agreement ACP-EC 2005 revised edition | 61 Ten months before the expiry of this democratic principles and the rule of It is understood that suspension would 4. Within the meaning of this Article, the five year period, the Parties shall enter law referred to in Article 9(2), it shall, be a measure of last resort. term "Party" refers to the Community into negotiations with a view to except in cases of special urgency, sup- and the Member States of the European examining any possible amendments to ply the other Party and the Council of If measures are taken in cases of special Union, of the one part, and each ACP the provisions that were the subject of Ministers with the relevant information urgency, they shall be immediately noti- State, of the other part. the notification. required for a thorough examination of fied to the other Party and the Council the situation with a view to seeking a of Ministers. At the request of the Party Article 93 shall also apply to the amend- solution acceptable to the Parties. To concerned, consultations may then be ARTICLE 98 ments made. this end, it shall invite the other Party called in order to examine the situation Dispute settlement to hold consultations that focus on the thoroughly and, if possible, find solu- The Council of Ministers shall adopt any measures taken or to be taken by the tions. These consultations shall be con- 1. Any dispute arising from the interpreta- transitional measures that may be Party concerned to remedy the situa- ducted according to the arrangements tion or application of this Agreement required in respect of the amended pro- tion in accordance with Annexe VII. set out in the second and third subpara- between one or more Member States or visions until they come into force. graphs of paragraph (a). The consultations shall be conducted at the Community, on the one hand, and the level and in the form considered one or more ACP States on the other, 4. Eighteen months before the end of the most appropriate for finding a solution. shall be submitted to the Council of total period of the Agreement, the Ministers. Parties shall enter into negotiations in The consultations shall begin no later ARTICLE 97 order to examine what provisions shall than 30 days after the invitation and Consultation procedure and appropriate Between meetings of the Council of subsequently govern their relations. shall continue for a period established measures as regards corruption Ministers, such disputes shall be submit- by mutual agreement, depending on ted to the Committee of Ambassadors. The Council of Ministers shall adopt the nature and gravity of the violation. 2. any transitional measures that may be In no case shall the dialogue under the 1. The Parties consider that when the consultations procedure last longer required until the new Agreement Community is a significant partner in a) If the Council of Ministers does not than 120 days. comes into force. terms of financial support to economic succeed in settling the dispute, either If the consultations do not lead to a and sectoral policies and programmes, Party may request settlement of the solution acceptable to both Parties, if serious cases of corruption should give dispute by arbitration. To this end, ARTICLE 96 consultation is refused or in cases of rise to consultations between the each Party shall appoint an arbitrator Essential elements: consultation special urgency, appropriate measures Parties. within thirty days of the request for procedure and appropriate measures may be taken. These measures shall be arbitration. In the event of failure to do as regards human rights, democratic revoked as soon as the reasons for tak- 2. In such cases either Party may invite so, either Party may ask the Secretary principles and the rule of law ing them no longer prevail. the other to enter into consultations. General of the Permanent Court of Such consultations shall begin no later Arbitration to appoint the second 1. Within the meaning of this Article, the b) The term "cases of special urgency" than 30 days after the invitation and arbitrator. shall refer to exceptional cases of par- dialogue under the consultation proce- term "Party" refers to the Community b) The two arbitrators shall in turn appoint ticularly serious and flagrant violation dure shall last no longer than 120 days. and the Member States of the a third arbitrator within thirty days. In of one of the essential elements European Union, of the one part, and the event of failure to do so, either referred to in paragraph 2 of Article 9, 3. If the consultations do not lead to a each ACP State, of the other part. Party may ask the Secretary General of that require an immediate reaction. solution acceptable to both Parties or if the Permanent Court of Arbitration to 1a. Both Parties agree to exhaust all pos- consultation is refused, the Parties appoint the third arbitrator. sible options for dialogue under Article The Party resorting to the special shall take the appropriate measures. In 8, except in cases of special urgency, urgency procedure shall inform the all cases, it is above all incumbent on c) Unless the arbitrators decide prior to commencement of the consul- other Party and the Council of Ministers the Party where the serious cases of otherwise, the procedure applied shall tations referred to in paragraph 2(a) of separately of the fact unless it does not corruption have occurred to take the be that laid down in the optional this Article. have time to do so. measures necessary to remedy the situ- arbitration regulation of the Permanent ation immediately. The measures taken Court of Arbitration for International 2. c) The "appropriate measures" referred to by either Party must be proportional to Organisations and States. The a) If, despite the political dialogue on the in this Article are measures taken in the seriousness of the situation. In the arbitrators’ decisions shall be taken by essential elements as provided for accordance with international law, and selection of these measures, priority majority vote within three months. under Article 8 and paragraph 1a of this proportional to the violation. In the must be given to those which least dis- d) Each Party to the dispute shall be Article, a Party considers that the other selection of these measures, priority rupt the application of this agreement. bound to take the measures neces- Party fails to fulfil an obligation stem- must be given to those which least dis- It is understood that suspension would sary to carry out the decision of the ming from respect for human rights, rupt the application of this agreement. be a measure of last resort. arbitrators.

62 | Partnership Agreement ACP-EC 2005 revised edition | 63 e) For the application of this procedure, the Community and the Member States shall be deemed to be one Party to the dispute.

ARTICLE 99 Denunciation clause

This Agreement may be denounced by the Community and its Member States in respect of each ACP State and by each ACP State in respect of the Community and its Member States, upon six months’ notice.

ARTICLE 100 Status of the texts

The Protocols and Annexes attached to this Agreement shall form an integral part thereof. Annexes Ia, Ib, II, III, IV and VI may be revised, reviewed and/or amended by the Council of Ministers on the basis of a recommendation from the ACP-EC Development Finance Cooperation Committee.

This Agreement, drawn up in two copies in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, 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.

64 | Partnership Agreement ACP-EC ANNEXES TO THE AGREEMENT

2005 revised edition | 1 TABLE OF CONTENTS ANNEXE VII to Protocol 1 Information certificate ...... 142

ANNEXE VIII to Protocol 1 Form for application for a derogation ...... 144 ANNEXE I: FINANCIAL PROTOCOL ...... 4 ANNEXE IX List of working or processing conferring the character of ACP origin ANNEXE Ia: MULTI-ANNUAL FINANCIAL FRAMEWORK OF COOPERATION on a product obtained when working or processing is carried out on textile UNDER THIS AGREEMENT ...... 5 materials originating in developing countries referred to in Article 6(11) of ANNEXE Ib: MULTI-ANNUAL FINANCIAL FRAMEWORK FOR THE PERIOD 2008 to 2013 . . . 6 this Protocol ...... 146 ANNEXE X to Protocol 1 Textile products excluded from the cumulation procedure ANNEXE II: TERMS AND CONDITIONS OF FINANCING ...... 8 with certain developing countries referred to in Article 6(11) of this Protocol ...... 153 Chapter 1 Investment financing ...... 8 ANNEXE XI to Protocol 1 Products for which the cumulation provisions with Chapter 2 Special operations ...... 12 South Africa referred to in Article 6(3) apply after 3 years from the provisional Chapter 3 Financing for short-term fluctuations in export earnings ...... 12 application of the Agreement on Trade, Development and Cooperation between Chapter 4 Other provisions ...... 13 the European Community and the Republic of South Africa ...... 154 Chapter 5 Investment protection agreements ...... 14 ANNEXE XII to Protocol 1 Products for which the cumulation provisions with ANNEXE III: INSTITUTIONAL SUPPORT, CDE AND CTA ...... 15 South Africa referred to in Article 6(3) apply after 6 years from the provisional application of the Agreement on Trade, Development and Cooperation between ANNEXE IV: IMPLEMENTATION AND MANAGEMENT PROCEDURES ...... 18 the European Community and the Republic of South Africa ...... 175 Chapter 1 Programming (national) ...... 18 ANNEXE XIII to Protocol 1 Products to which Article 6(3) shall not be applicable . . . 183 Chapter 2 Programming and preparation (regional) ...... 21 Chapter 3 Appraisal and financing ...... 24 ANNEXE XIV to Protocol 1 Fishery products to which Article 6(3) shall Chapter 4 Implementation ...... 26 temporarily not be applicable ...... 197 Chapter 5 Monitoring and evaluation ...... 33 ANNEXE XV to Protocol 1 Joint declaration on cumulation ...... 200 Chapter 6 Fund-resource - management and executing agents ...... 33

PROTOCOL 2 ON THE IMPLEMENTATION OF ARTICLE 9 ...... 200 ANNEXE V: TRADE REGIME APPLICABLE DURING THE PREPARATORY PERIOD REFERRED TO IN ARTICLE 37(1) ...... 36 PROTOCOL 3 CONTAINING THE TEXT OF PROTOCOL 3 ON ACP SUGAR ...... 202 Chapter 1 General trade arrangements ...... 36 ANNEXE to Protocol 3 Declarations on Protocol 3 ...... 204 Chapter 2 Special undertaking on sugar and beef and veal ...... 40 ANNEXE to Protocol 3 Exchanges of letters ...... 205 Chapter 3 Final provisions ...... 41

PROTOCOL 4 ON BEEF AND VEAL ...... 209 PROTOCOL 1 CONCERNING THE DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS" AND METHODS OF ADMINISTRATIVE COOPERATION ...... 42 PROTOCOL 5 THE SECOND BANANA PROTOCOL ...... 210 TITLE I General provisions ...... 44 TITLE II Definition of the concept of "originating products" ...... 45 ANNEXE VI: LIST OF THE LEAST DEVELOPED, LANDLOCKED AND TITLE III Territorial requirements ...... 50 ISLAND ACP STATES (LDLICS) ...... 211 TITLE IV Proof of origin ...... 51 TITLE V Arrangements for administrative cooperation ...... 58 ANNEXE VII: POLITICAL DIALOGUE AS REGARDS HUMAN RIGHTS, TITLE VI Ceuta and Melilla ...... 62 DEMOCRATIC PRINCIPLES AND THE RULE OF LAW ...... 212 TITLE VII Final provisions ...... 63

ANNEXE I to Protocol 1 Introductory notes to the list in Annexe II ...... 64 PROTOCOLS ...... 214 ANNEXE II to Protocol 1 List of working or processing required to be carried out on PROTOCOL 1 ON THE OPERATING EXPENDITURE OF THE JOINT INSTITUTIONS ...... 214 non-originating materials in order that the product manufactured can obtain originating status ...... 69 PROTOCOL 2 ON PRIVILEGES AND IMMUNITIES ...... 215 ANNEXE III to Protocol 1 Overseas countries and territories ...... 133 Chapter 1 Persons taking part in the work of the Agreement ...... 216 ANNEXE IV to Protocol 1 Form for movement certificate ...... 133 Chapter 2 Property, funds and assets of the Council of ACP Ministers ...... 216 Chapter 3 Official communications ...... 217 ANNEXE V to Protocol 1 Invoice declaration ...... 138 Chapter 4 Staff of the Secretariat of the ACP States ...... 217 ANNEXE VI A to Protocol 1 Supplier declaration for products having Chapter 5 Commission Delegations in the ACP States ...... 218 preferential origin status ...... 140 Chapter 6 General provisions ...... 218 ANNEXE VI B to Protocol 1 Supplier declaration for products not having preferential origin status ...... 141 PROTOCOL 3 ON SOUTH AFRICA ...... 218

2 | Partnership Agreement ACP-EC 2005 revised edition | 3 c) EUR 2 200 million shall be allocated to 7. Before the expiry of this Financial ANNEXE I finance the Investment Facility accord- Protocol, the Parties shall assess the ANNEXE Ia FINANCIAL PROTOCOL ing to the terms and conditions set out degree of realisation of commitments MULTI-ANNUAL FINANCIAL in Annexe II "Terms and conditions of and disbursements. This assessment FRAMEWORK OF financing" to this Agreement without shall constitute the basis for re-evaluat- 1. For the purposes set out in this prejudice to the financing of the interest ing the overall amount of resources as COOPERATION UNDER Agreement and for a period of five years rate subsidies provided for in Articles 2 well for evaluating the need for new commencing 1 March 2000, the overall THIS AGREEMENT and 4 of Annexe II to this Agreement resources to support financial coopera- amount of the Community’s financial funded from the resources mentioned in tion under this Agreement. assistance to the ACP States shall be 1. For the purposes set out in this Agreement paragraph 3(a) of this Annexe. EUR 15 200 million. and for a period beginning on 1 March 8. In the event of the funds provided for in 2005, a multi-annual financial framework 4. An amount of up to EUR 1 700 million any of the instruments of the Agreement 2. The Community’s financial assistance of cooperation shall cover commitments shall be provided from the European being exhausted before the expiry of this shall comprise an amount up to EUR beginning on 1 January 2008 for a period Investment Bank in the form of loans Financial Protocol, the joint ACP-EC 13 500 million from the 9th European of five or six years. made from its own resources. These Council of Ministers shall take the appro- Development Fund (EDF). resources shall be granted for the pur- priate measures. 2. For this new period, the European poses set out in Annexe II "Terms and 3. The 9th EDF shall be allocated between Union shall maintain its aid effort to conditions of financing" to this Agree- 9. By derogation from Article 58 of this the instruments of cooperation as fol- ACP States at least at the same level as ment in accordance with the condi- Agreement, an amount of EUR 90 mil- lows: that of the 9th EDF, not including bal- tions provided for by its statutes and lion shall be transferred to the intra ances; to this shall be added, based on a) EUR 10 000 million in the form of grants the relevant provisions of the terms ACP envelope under the 9th EDF. This Community estimates, the effects of shall be reserved for an envelope for and conditions for investment financ- amount may be allocated to finance inflation, growth within the European support for long-term development. ing as laid down in the aforementioned devolution for the period 2006-2007, Union and enlargement to 10 new This envelope shall be used to finance Annexe. The Bank may, from the and shall be managed directly by the Member States in 2004. national indicative programmes in resources it manages, contribute to Commission. accordance with Articles 1 to 5 of the financing of regional projects and 3. Any required amendments to the multi- Annexe IV "Implementation and man- programmes. annual financial framework or relative agement procedures" to this Agree- parts of the Agreement shall be decided ment. From the envelope for support 5. Any balances remaining from previous by the Council of Ministers by deroga- for long term development: EDFs on the date of entry into force of tion from Article 95 of this Agreement. this Financial Protocol, as well as any i) EUR 90 million shall be reserved amounts that shall be decommitted at a for the financing of the budget of later date from ongoing projects under the Centre for the Development of these Funds, shall be transferred to the Enterprise (CDE); 9th EDF and shall be used in accordance with the conditions laid down in this ii) EUR 70 million shall be reserved Agreement. Any resources thus trans- for the financing of the budget of ferred to the 9th EDF that previously had the Centre for the Development of been allocated to the indicative Agriculture (CTA); and programme of an ACP State or region iii) an amount not exceeding EUR shall remain allocated to that State or 4 million shall be reserved for the region. The overall amount of this purposes referred to in Article 17 of Financial Protocol, supplemented by the this Agreement (Joint Parliamentary transferred balances from previous Assembly). EDFs, will cover the period of 2000- 2007. b) EUR 1 300 million in the form of grants shall be reserved for the financing of 6. The Bank shall administer the loans support for regional cooperation and made from its own resources, as well as integration of the ACP States in accord- the operations financed under the ance with Articles 6 to 14 of Annexe IV Investment Facility. All other financial "Implementation and management pro- resources of this Agreement shall be cedures" to this Agreement. administered by the Commission.

4 | Partnership Agreement ACP-EC 2005 revised edition | 5 This envelope shall include structural sup- funds decommitted after the date of 6. The Committee of Ambassadors, acting ANNEXE Ib port to the joint institutions: the CDE and entry into force resulting from the sys- on behalf of the ACP-EC Council of MULTI-ANNUAL FINANCIAL the CTA referred to and supervised in tem guaranteeing the stabilisation of Ministers, may, within the overall amount accordance with the rules and procedures export earnings from primary agricul- of the multiannual financial framework, FRAMEWORK FOR THE set out in Annexe III to this Agreement, tural products (STABEX) under the EDFs take appropriate measures in order to PERIOD 2008 TO 2013 (1) and the Joint Parliamentary Assembly prior to the Ninth EDF, and the remain- meet programming requirements under referred to in Article 17 of this Agreement. ing balances and reimbursements of one of the allocations provided for in This envelope shall also cover assistance the amounts allocated for the financing point 2, including the reassignment of 1. For the purposes set out in this for the operating expenditures of the ACP of the Investment Facility, excluding funds between these allocations. Agreement and for a period starting on Secretariat referred to in points 1 and 2 of the related interest rate subsidies. 1 January 2008, the overall amount of the Protocol 1 attached to this Agreement; The funds possibly committed after 7. The Parties will conduct a performance financial assistance for the ACP Group of 31 December 2007 until the entry into review, assessing the degree of reali- States within this multiannual financial c) EUR 1500 million to finance the force of this Agreement, as referred to sation of commitments and disburse- framework shall be EUR 23 966 million, Investment Facility in accordance with above, will be used exclusively to ments, as well as the results and impact as specified in points 2 and 3. the terms and conditions set out in ensure the working ability of the EU of the aid provided. This review will be Annexe II (Terms and conditions of administration and to cover the on- undertaken on the basis of a proposal 2. The sum of EUR 21 966 million under financing) to this Agreement, compris- going costs to sustain running projects prepared by the Commission in 2010. It th the 10 European Development Fund ing an additional contribution of EUR until the 10th EDF comes into force. shall contribute to a decision on the (EDF), shall be made available on entry 1100 million to the resources of the amount of the financial cooperation into force of the multiannual financial Investment Facility, managed as a 5. The overall amount of this multiannual after 2013. framework. It shall be allocated revolving fund, and EUR 400 million financial framework shall cover the between the instruments of cooper- under the form of grants for the financ- period from 1 January 2008 to 8. Any Member State may provide the ation as follows: ing of the interest rate subsidies provid- 31 December 2013. The funds of the Commission or the EIB with voluntary ed for in Articles 2 and 4 of that Annexe 10th EDF, apart from amounts allocated contributions to support the objectives a) EUR 17 766 million to finance national over the period of the 10th EDF. to the Investment Facility, excluding of the ACP-EC Partnership Agreement. and regional indicative programmes. the related interest rate subsidies, shall Member States may also co-finance This allocation will be used to finance: 3. The operations financed under the no longer be committed beyond projects or programmes, for example in Investment Facility, including the cor- 31 December 2013, unless the Council the framework of specific initiatives to i) the national indicative programmes responding interest rate subsidies, of the European Union decides other- be managed by the Commission or the of the ACP Group of States in accord- shall be managed by the European wise by unanimity, on a proposal from EIB. ACP ownership at the national level ance with Articles 1 to 5 of Annexe IV Investment Bank (EIB). An amount of the Commission. of such initiatives must be guaranteed. to this Agreement concerning imple- up to EUR 2 000 million in addition to mentation and management proce- the 10th EDF shall be made available by dures; the EIB in the form of loans from own resources. These resources shall be ii) the regional indicative programmes granted for the purposes set out in of support for regional and inter- Annexe II to this Agreement, in accord- regional cooperation and integration ance with the conditions laid down in of ACP Group of States in accordance the statutes of the EIB and the relevant with Articles 6 to 11, 13(1) and 14 of provisions of the terms and conditions Annexe IV to this Agreement con- for investment financing in that Annexe. cerning implementation and man- All other financial resources under this agement procedures; multiannual financial framework shall be administered by the Commission. b) EUR 2 700 million to finance intra-ACP and inter-regional cooperation with 4. After 31 December 2007 or after the many or all of the ACP Group of States, date of entry into force of this multi- in accordance with Articles 12, 13(2) annual financial framework, whichever and 14 of Annexe IV to this Agreement is the later, balances from the Ninth concerning implementation and man- EDF or from previous EDFs and funds agement procedures. decommitted from projects under these EDFs shall no longer be committed, unless the Council of the European Union decides otherwise by unanimity, (1) O.J. L247, 09.09.2006 with the exception of the balances and

6 | Partnership Agreement ACP-EC 2005 revised edition | 7 shall be remunerated on the basis of the 7. Ordinary loans may be extended on amount allocated for investment ANNEXE II performance of the project concerned. concessional terms and conditions in financing by the Investment Facility and TERMS AND CONDITIONS the following cases: by the Bank from its own resources. 3. Quasi-capital assistance may consist of OF FINANCING 9. Interest subsidies may be capitalised shareholders’ advances, convertible a) for infrastructure projects in the Least or may be used in the form of grants. bonds, conditional, subordinated and Developed Countries, in post-conflict Up to 10% of the budget for interest participating loans or any other similar countries and post-natural disaster rate subsidies may be used to support CHAPTER 1 form of assistance. Such assistance countries - other than those referred project related technical assistance in INVESTMENT FINANCING may consist in particular of: to under (aa) - that are prerequisites for private sector development. In ACP countries. a) conditional loans, the servicing and/or such cases, the interest rate of the ARTICLE 1 the duration of which shall be linked to loan will be reduced by 3%; ARTICLE 3 the fulfilment of certain conditions with Operations of aa) for infrastructure projects by commer- The terms and conditions of financing in regard to the performance of the pro- the investment facility cially-run public entities, that are relation to the operations of the ject; in the specific case of conditional pre-requisites for private sector Investment Facility (Facility), the loans loans for pre-investment studies or 1. The Investment Facility shall operate development in countries subject to from own resources of the European other project-related technical assis- in all economic sectors and support restrictive borrowing conditions under Investment Bank (Bank) and special tance, servicing may be waived if the investments of private and commer- the Heavily Indebted Poor Countries operations shall be as laid down in this investment is not carried out; cially run public sector entities, (HIPC) initiative or another internation- Chapter. These resources may be including revenue generating eco- ally agreed debt sustainability frame- channelled to eligible enterprises, b) participating loans, the servicing nomic and technological infrastruc- work. In such cases, the Bank shall either directly or indirectly, through elig- and/or the duration of which shall be ture critical for the private sector. The seek to reduce the average cost of ible investment funds and/or financial linked to the financial return of the pro- Facility shall: funds through appropriate co-financ- intermediaries. ject; and ing with other donors. Should this not a) be managed as a revolving fund and be deemed possible, the interest rate c) subordinated loans, which shall be aim at being financially sustainable. of the loan may be reduced by such repaid only after other claims have Its operations shall be on market- ARTICLE 2 amount as required to comply with the been settled. related terms and conditions and shall Resources of the investment facility level arising from the HIPC initiative or avoid creating distortions on local a new internationally agreed debt sus- markets and displacing private 4. The remuneration of each operation shall 1. The resources of the Facility may be tainability framework; sources of finances; and be specified when the loan is made. used, inter alia, to: However: b) for projects which involve restructur- b) support the ACP financial sector and a) provide risk capital in the form of: a) in the case of conditional or participating operations in the framework of pri- have a catalytic effect by encouraging ing loans, the remuneration shall nor- vatisation or for projects with sub- the mobilisation of long-term local i) equity participation in ACP enter- mally comprise a fixed interest rate of stantial and clearly demonstrable resources and attracting foreign pri- prises, including financial institu- not more than 3% and a variable com- social or environmental benefits. In vate investors and lenders to projects tions; ponent related to the performance of such cases, loans may be extended in the ACP States; the project; and with an interest rate subsidy the ii) quasi-capital assistance to ACP amount and form of which will be c) bear part of the risk of the projects it enterprises, including financial insti- b) in the case of subordinated loans, the decided with respect to the particular funds, its financial sustainability being tutions; and interest rate shall be market related. characteristics of the project. ensured through the portfolio as a However, the interest rate subsidy whole and not from individual inter- iii) guarantees and other credit 5. Garantees shall be priced so as to shall not be higher than 3%. ventions; and enhancements which may be used reflect the risks insured and the par- to cover political and other invest- ticular characteristics of the operation. The final rate of loans falling under (a) d) seek to channel funds through ACP ment-related risks, both for foreign or (b) shall, in any case, never be less national and regional institutions and and local investors or lenders. 6. The interest rate of ordinary loans shall than 50% of the reference rate. programmes that promote the devel- comprise a reference rate applied by opment of small-and medium-sized b) provide ordinary loans. the Bank for comparable loans with the 8. The funds to be provided for these enterprises (SMEs). same terms and conditions as to grace concessional purposes will be made 2. Equity participation shall normally be for and repayment periods and a mark up available from the Investment Facility 1a. The Bank shall be remunerated for non-controlling minority holdings and determined by the Bank. and shall not exceed 5% of the overall the cost incurrred in managing the

8 | Partnership Agreement ACP-EC 2005 revised edition | 9 Investment Facility. For the first two 2. Loans from the Bank’s own resources ARTICLE 5 c) make available to the Bank the foreign years after the entry into force of the shall be granted under the following Conditions for foreign exchange rate risk currency necessary for the transfer of second financial protocol, this remuner- terms and conditions: all sums received by it in national cur- ation shall be up to an amount of 2% In order to minimise the effects of exchange rency at the exchange rate applicable p.a. of the total initial endowment of the a) the reference rate of interest shall be rate fluctuations, the problems of exchange between the Euro or other currencies of Investment Facility. Thereafter, the the rate applied by the Bank for a loan rate risk shall be dealt with in the following transfer and the national currency at remuneration of the Bank shall include a with the same conditions as to cur- way: the date of the transfer. These include fixed component of 0,5% p.a. of the ini- rency, and repayment period on the day all forms of remuneration, such as, inter tial endowment and a variable compo- of signature of the contract or on the a) in the case of equity participation alia, interest, dividends, commissions nent of an amount of up to 1,5% p.a. of date of disbursement; designed to strengthen an enterprise’s and fees, as well as the amortisation of the portfolio of the Investment Facility own funds, the exchange rate risk shall, loans and the proceeds from the sale of that is invested in projects in ACP coun- b) however : as a general rule, be borne by the shares due in terms of financing con- tries. The remuneration shall be Investment Facility; tracts granted for the implementation i) in principle, public sector projects financed out of the Investment Facility. of projects and programmes on their shall be eligible for an interest rate b) in the case of ordinary loans and risk cap- territories. subsidy of 3%; ital financing for small-and medium- 2. On expiry of the Financial Protocol, and sized enterprises (SMEs), the exchange in the absence of a specific decision by ii) private sector projects falling into the rate risk shall, as a general rule, be the Council of Ministers, the cumulative categories specified in Article 2 (7)(b) shared by the Community, on the one ARTICLE 6a net reflows to the Investment Facility shall be eligible for interest rates hand, and by the other Parties involved, Annual reporting on shall be carried over to the next Protocol. subsidies on the same terms as on the other. On average, the foreign the Investment Facility those specified in Article 2(7)(b). exchange rate risk should be shared Representatives of the EU Member States equally and; The final interest rate shall, in any case, responsible for the Investment Facility, ARTICLE 4 never be less than 50% of the reference c) where feasible and appropriate, par- Representatives of the ACP States, as well Bank own resource loans rate. ticularly in countries characterised by as the European Investment Bank, the macroeconomic and financial stability, European Commission, the EU Council 1. The Bank shall: c) the amount of the interest rate subsidy the Facility will endeavour to extend Secretariat and the ACP Secretariat shall calculated in terms of its value at the loans in local ACP currencies, thus de meet annually to discuss the operations, a) contribute, through the resources it times of disbursement of the loan shall facto taking the foreign exchange risk. performance and policy questions con- manages, to the economic and indus- be charged against the interest subsidy cerning the Investment Facility. trial development of the ACP States on allocation of the Investment Facility as a national and regional basis; and to defined in Article 2(8) and 2(9), and ARTICLE 6 this end, finance as a priority productive paid directly to the Bank; and Conditions for foreign ARTICLE 6b exchange transfer projects and programmes or other Review of performance of d) the repayment period of loans made investments aimed at promoting the the Investment Facility The ACP States concerned shall, in respect private sector in all economic sectors; by the Bank from its own resources of operations under the Agreement, and in shall be determined on the basis of the The overall performance of the Investment respect of which they have given their b) establish close cooperation links with economic and financial characteristics Facility shall be subject to a joint review at written approval within the framework of national and regional development of the project, but may not exceed the mid-term and end-term of a financial this Agreement: banks and with banking and financial 25 years. These loans shall normally protocol. Such an exercise may include a comprise a grace period fixed by refer- institutions of the ACP States and of the a) grant exemption from all national or recommendation on how to improve the ence to the construction period of the EU; and local duties, fiscal charges on interest, implementation of the Facility. project. commission and amortisation of loans c) in consultation with the ACP State con- due in accordance with the law or laws 3. For investments financed by the Bank cerned, adapt the arrangements and of the ACP State or States concerned; procedures for implementing develop- from its own resources in public sector companies, specific project-related ment finance cooperation, as set out in b) place at the disposal of the beneficiar- guarantees or undertakings may be this Agreement, if necessary, to take ies the currency necessary for the pay- required from the ACP State concerned. account of the nature of the projects ment of interest, commission and the and programmes and to act in accord- amortisation of loans due in terms of ance with the objectives of this financing contracts granted for the Agreement, within the framework of the implementation of projects and pro- procedures laid down by its statute. grammes on their territories; and

10 | Partnership Agreement ACP-EC 2005 revised edition | 11 CHAPTER 2 2. In order to mitigate the adverse effects 3. The additional resources shall be CHAPTER 4 of instability of export earnings and reflected in the public accounts of the SPECIAL OPERATIONS safeguard the development programme country concerned. They shall be OTHER PROVISIONS jeopardised by the drop in revenue, utilised in accordance with program- ARTICLE 7 additional financial support may be ming rules and methods including the ARTICLE 12 mobilised from the programmable specific provisions in Annexe IV Current payments and capital 1. Cooperation shall support from the resources for the country’s long-term "Implementation and management movements grant allocation: development on the basis of Articles 9 procedures", on the basis of agree- and 10. ments drawn up in advance between 1. Without prejudice to paragraph 3 here- a) low-income housing to promote long- the Community and the ACP State con- after, the Parties undertake to impose cerned in the year following the appli- term development of the housing ARTICLE 9 no restrictions on any payments, in sector, including secondary mortgage cation. By agreement of both Parties the freely convertible currency, on the cur- Eligibility criteria (1) facilities; resources may be used to finance pro- rent account of balance of payments grammes included in national budget. between residents of the Community 1. Eligibility for additional resources shall b) micro-finance to promote SMEs and However a part of the additional re- and of the ACP States. be established by: micro-enterprises; and sources may also be set aside for specific sectors. a)- a 10% (2% in the case of least-devel- 2. With regard to transactions on the cap- c) capacity building to strengthen and oped landlocked and island States) ital account of balance of payments, facilitate the effective participation of loss of export earnings from goods ARTICLE 10 the Parties undertake to impose no the private sector in social and economic restrictions on the free movement of compared with the arithmetical aver- Advances development. age of the earnings in the first three capital relating to direct investments made in companies formed in accord- years of the first four years preceding The system for allocating additional 2. The ACP-EC Council of Ministers shall, ance with the law of the host country the application year; or resources shall provide for advances to after the signature of this Agreement and investments made in accordance cover any delays in obtaining consolidat- and on a proposal by the ACP-EC with this Agreement, and the liquida- - a 10% (2% in the case of least-devel- ed trade statistics and to ensure that the Development Finance Cooperation tion or repatriation of these invest- oped landlocked and island States) resources in question can be included in Committee, decide on the modalities ments and of any profit stemming loss of export earnings from the total of the budget of the year following the appli- and the amount of resources allocated therefrom. agricultural or mineral products com- cation year. Advances shall be mobilised from the long-term development enve- pared with the arithmetical average of on the basis of provisional export statis- lope to attain these objectives. 3. Where one or more ACP State or one or the earnings in the first three years of tics drawn up by the government and sub- more Member State of the Community the first four years preceding the appli- mitted to the Commission in advance of is in serious balance of payments diffi- cation year for countries where the agri- the official final consolidated statistics. culties, or under threat thereof, the ACP cultural or mineral export revenues rep- The maximum advance shall be 80% of State, the Member State or the resent more than 40 % of total export the estimated amount of additional CHAPTER 3 Community may, in accordance with the revenues from goods; and resources for the application year. The FINANCING FOR SHORT-TERM conditions established under the GATT, amounts thus mobilised shall be adjusted b) a 2% worsening in the programmed GATS and Article VIII and XIV of the FLUCTUATIONS IN EXPORT by common agreement between the public deficit programmed for the year Articles of Agreement of the Inter- EARNINGS Commission and the government in the in question or forecast for the following national Monetary Fund, adopt restric- light of final consolidated export statistics year. tions on current transactions which and the final figure of the public deficit. ARTICLE 8 shall be of limited duration and may not 2. Entitlement to additional support shall go beyond what is necessary to remedy 1. The Parties recognise that losses of be limited to four successive years. ARTICLE 11 the balance of payments situation. The export earnings as a result of short-term Party taking the measures shall inform fluctuations may jeopardise the develop- The provisions in this Chapter shall be the other Parties forthwith and shall ment financing requirements and the subject to review at the latest after two submit to them as soon as possible a implementation of macroeconomic and years of operation and subsequently at timetable for the elimination of the sectoral policies. The degree of depend- the request of either Party. measures concerned. ence of an ACP State’s economy on the export of goods, and in particular from agricultural and mining products shall, therefore, be a criterion for determining the allocation of long-term development. (1) O.J. L297, 22.09.2004

12 | Partnership Agreement ACP-EC 2005 revised edition | 13 ARTICLE 13 CHAPTER 5 promotion and protection, the Contract- ANNEXE III Qualification and treatment of INVESTMENT PROTECTION ing Parties agree to study the main business entities clauses of a model protection agree- INSTITUTIONAL SUPPORT, AGREEMENTS ment. The study, drawing on the provi- CDE AND CTA As regards arrangements that may be sions of the existing bilateral agree- applied in matters of establishment and ARTICLE 15 ments between the States Parties, will provision of services, the ACP States, on give particular attention to the following ARTICLE 1 the one hand, and the Member States, on 1. When implementing the provisions of issues: the other, shall treat nationals and Article 78 of this Agreement, the Cooperation shall support the institution- companies or firms of the ACP States and Parties shall take into account the fol- a) legal guarantees to ensure fair and al mechanisms that provide assistance for nationals and companies or firms of the lowing principles : equitable treatment and protection of businesses and enterprises and promote Member States respectively on a non- foreign investors; agriculture and rural development. In this discriminatory basis. However, if, for a a) a Contracting State may request where context, cooperation shall help to: given activity, an ACP State or a Member appropriate, the negotiation of an invest- b) the most-favoured-investor clause; State is unable to provide such treatment, ment promotion and protection agree- a) strengthen and enhance the role of the ACP State or the Member State, as the ment with another Contracting State; c) protection in the event of expropriation the Centre for the Development of case may be, shall not be bound to accord and nationalisation; Enterprise (CDE) so as to provide the such treatment for that activity to the b) the States party to such agreements ACP private sector with the necessary nationals and companies or firms of the shall practise no discrimination d) the transfer of capital and profits, and support in the promotion of private State concerned. between Contracting States party to sector development activities; and this Agreement or against each other in e) international arbitration in the event of disputes between investor and host ARTICLE 14 relation to third countries when open- b) strengthen and reinforce the role of ing negotiations for concluding, apply- State. the Centre for the Development of Definition of "companies and firms" ing and interpreting bilateral or multi- Agriculture (CTA) in ACP institutional lateral investment promotion and pro- 3. The Parties agree to study the capacity of capacity development, particularly 1. For the purpose of this Agreement, tection agreements; the guarantee systems to give a positive information management, in order to "companies or firms of a Member State answer to the specific needs of small and improve access to technologies for or an ACP State" mean companies or c) the Contracting States shall have the medium sized enterprises of insuring increasing agricultural productivity, firms constituted under civil or commer- right to request a modification or adap- their investments in ACP States. The commercialisation, food security and cial law, including corporations, tation of the non-discriminatory treat- studies referred to above shall be started rural development. whether public or otherwise, coopera- ment referred to above when inter- as soon as possible after the signing of tive societies and other legal persons national obligations or changed circum- the Agreement. The result of these stud- and partnerships governed by public or stances so necessitate; ies shall be submitted, upon comple- private law, save for those which are tion to the ACP-EC Development non-profit-making, formed in accord- ARTICLE 2 d) the application of the principles Finance Cooperation Committee for ance with the law of a Member State or CDE referred to above does not purport to consideration and appropriate action. an ACP State and whose statutory and cannot in practice infringe the sov- office, central administration or princi- 1. The CDE shall support the implementa- ereignty of any Contracting Party to the pal place of business is a Member State tion of private-sector development Agreement; and or an ACP State. strategies in the ACP countries by providing non-financial services to ACP e) the relation between the date of entry 2. However, a company or firm having only companies and businesses and sup- into force of any agreement negotiated, its statutory office in a Member State or port to joint initiatives set up by eco- provisions for the settlement of disputes an ACP State must be engaged in an nomic operators of the Community and and the date of the investments con- activity which has an effective and con- of the ACP States. cerned will be set out in the said agree- tinuous link with the economy of that ment, account being taken of the provi- Member State or ACP State. 2. The CDE shall aim to assist private ACP sions set out above. The Contracting enterprises to become more competi- Parties confirm that retroactivity shall not tive in all sectors of the economy. It apply as a general principle unless shall in particular: Contracting States stipulate otherwise. a) facilitate and promote business co- 2. With a view to facilitating the negotiation operation and partnerships between of bilateral agreements on investment ACP and EU enterprises;

14 | Partnership Agreement ACP-EC 2005 revised edition | 15 b) assist with the development of busi- a) lay down the statutes and rules of pro- i) improve the formulation and man- d) lay down the rules of operation and the ness support services through support cedure of the Centre, including its agement of agricultural and rural procedures for the adoption of the for capacity building in private sector supervisory bodies; development policies and strate- Centre’s budget. owned organisations or support for gies at national and regional levels providers of technical, professional, b) lay down the statutes relating to staff, including improved capacity for 5. The Committee of Ambassadors shall, management, commercial and training financial and staff regulations; data collection, policy research, in accordance with the procedures and support services; analysis and formulation; criteria determined by it, appoint the c) supervise the work of the bodies of the members of the bodies of the Centre. c) provide assistance for investment pro- Centre; and ii) improve the information and commu- motion activities, such as investment nication management, in particular 6. The budget of the Centre shall be promotion organisations, organisation d) lay down the rules of operation and the within the National Agricultural financed in accordance with the rules of investment conferences, training pro- procedures for the adoption of the Strategy; laid down in this Agreement in respect grammes, strategy workshops and fol- Centre’s budget. of development finance cooperation. low-up investment promotion missions; iii) promote effective intra-institutional and 7. The Committee of Ambassadors shall, Information and Communication in accordance with the procedures and Management (ICM) for performance c) support for initiatives that contribute to criteria determined by it, appoint the monitoring, as well as consortia develop and transfer technologies and members of the bodies of the Centre. with regional and international part- know-how and best practices on all ners; aspects of business management. 8. The budget of the Centre shall be financed in accordance with the rules iv) promote decentralised ICM at local 3. The CDE shall also: laid down in this Agreement in respect and national levels; of development finance cooperation. a) inform the ACP private sector about v) strengthen initiatives via regional the provisions of the Agreement; cooperation; and ARTICLE 3 b) diffuse information within the local vi) develop approaches for assessing CTA ACP private sector about the product the impact of policy on agricultural quality and standards required in and rural development. 1. The mission of the CTA shall be to external markets; and strengthen policy and institutional 3. The Centre shall support regional initia- capacity development and information c) provide information to European com- tives and networks and shall progres- and communication management cap- panies and private sector organisa- sively share capacity development pro- acities of ACP agricultural and rural tions on business opportunities and grammes with appropriate ACP organi- development organisations. It shall modalities in ACP countries. sations. To this end, the Centre shall assist such organisations in formulating support decentralised regional infor- and implementing policies and pro- 4. The CDE shall extend its support for mation networks. Such networks shall grammes to reduce poverty, promote enterprises through qualified and com- be built up gradually and efficiently. sustainable food security, preserve the petent national and/or regional service- natural resource base, and thus con- providing intermediaries. 4. The Committee of Ambassadors shall tribute to building self-reliance in ACP be the supervisory authority of the rural and agricultural development. 5. The activities of the CDE shall be Centre. It shall, after the signature of based on the concept of coordination, this Agreement: 2. The CTA shall: complementarity and added value in respect of any private sector develop- a) develop and provide information ser- a) lay down the statutes and rules of pro- ment initiatives taken by public or pri- vices and ensure better access to cedures of the Centre, including its vate entities. The CDE shall exercise research, training and innovations in the supervisory bodies; selectivity in undertaking its tasks. spheres of agricultural and rural development and extension, in order to promote b) lay down the statutes relating to staff, 6. The Committee of Ambassadors shall agriculture and rural development; and financial and staff regulations; be the supervisory authority of the Centre. It shall, after the signature of b) develop and reinforce ACP capacities in c) supervise the work of the bodies of the this Agreement: order to: Centre; and

16 | Partnership Agreement ACP-EC 2005 revised edition | 17 grammes. Any divergences between the of island and landlocked States shall or exceptional performance, increase a ANNEXE IV country’s own analysis and that of the duly be taken into account. In addition, country’s allocation. IMPLEMENTATION Community shall be noted. The CSS shall account shall be taken of the particular AND MANAGEMENT include the following standard elements: difficulties of countries dealing with the aftermath of conflict or natural disas- PROCEDURES a) an analysis of the political, economic ter; and ARTICLE 4 and social country context, constraints, Preparation and adoption of capacities and prospects including an b) performance shall be assessed in an the indicative programme CHAPTER 1 assessment of basic needs, such as objective and transparent manner on income per capita, population size and PROGRAMMING (NATIONAL) the basis of the following parameters: social indicators, and vulnerability; progress in implementing institutional 1. Upon receipt of the information referred reforms, country performance in the to above, each ACP State shall draw up ARTICLE 1 b) a detailed outline of the country’s use of resources, effective implementa- and submit to the Community a draft medium-term development strategy, Operations financed by grants within tion of current operations, poverty alle- indicative programme on the basis of clearly defined priorities and expected the framework of this Agreement shall viation or reduction, sustainable devel- and consistent with its development financing requirements; be programmed at the beginning of the opment measures and macroeconomic objectives and priorities as expressed in period covered by the Financial Protocol. and sectoral policy performance. the CSS. The draft indicative programme c) an outline of relevant plans and actions Programming for this purpose shall mean: shall contain: of other donors present in the country, 2. The allocated resources shall comprise in particular including those of the EU a) the preparation and development of a two elements: a) the focal sector, sectors or areas on Member States in their capacity as Country Support Strategy (CSS) based which support should be concentrated; bilateral donors; on the country’s own medium-term a) an allocation to cover macroeconomic development objectives and strategies; support, sectoral policies, programmes b) the most appropriate measures and d) response strategies, detailing the spe- and projects in support of the focal or operations for attaining the objectives cific contribution the EU can provide. b) a clear indication from the Community of non focal areas of Community assist- and targets in the focal sector, sectors These shall, to the extent possible, the indicative programmable financial ance; and or areas; enable complementarity with opera- allocation from which the country may tions financed by the ACP State itself b) an allocation to cover unforeseen benefit during the five year period as c) the resources reserved for programmes and by other donors present in the needs such as emergency assistance well as any other relevant information; and projects outside the focal sector(s) country; and where such support cannot be financed and/or the broad outlines of such activi- from the EU budget, contributions to c) the preparation and adoption of an ties, as well as an indication of the e) a definition of the nature and scope of internationally agreed debt relief initia- indicative programme for implementing resources to be deployed for each of the most appropriate support mechan- tives and support to mitigate adverse the CSS; and these elements; isms to be applied in implementing the effects of instability in export earnings. above strategies. d) a review process covering the CSS, the d) the types of non-State actors eligible for 3. This indicative amount shall facilitate the indicative programme and the volume funding, in accordance with the criteria long term programming of Community of resources allocated to it. laid down by the Council of Ministers, the aid for the country concerned. Together ARTICLE 3 resources allocated for non-State actors with the uncommitted balances of Resource allocation and the type of activities to be support- resources allocated to the country under ed, which must be not-for-profit; previous EDF, and wherever possible ARTICLE 2 1. Resource allocation shall be based on Community budget resources, these allo- Country support strategy needs and performance, as defined in e) proposals for regional programmes and cations shall be the basis for the prepara- this Agreement. In this context: projects; and tion of the indicative programme for the The CSS shall be prepared by the ACP country concerned. State concerned and the EU following con- a) needs shall be assessed on the basis of f) a reserve for insurance against possible sultations with a wide range of actors in criteria pertaining to per capita income, 4. Provision will be made for those coun- claims and to cover cost increases and the development process, and shall draw population size, social indicators and tries which, due to exceptional circum- contingencies. on lessons learned and best practices. level of indebtedness, export earning stances, can not access normal pro- Each CSS shall be adapted to the needs losses and dependence on export earn- grammable resources. 2. The draft indicative programme shall, and respond to the specific circumstances ings, in particular in the sectors of agri- as appropriate, contain the resources of each ACP State. The CSS shall be an culture and mining. Special treatment 5. Without prejudice to Article 5(7) con- reserved to reinforce human, material instrument to prioritise activities and to shall be accorded to the least devel- cerning reviews, the Community may, in and institutional ACP capacity for build local ownership of cooperation pro- oped ACP States, and the vulnerability order to take account of special needs preparing and implementing national

18 | Partnership Agreement ACP-EC 2005 revised edition | 19 and regional indicative programmes icies, conflict management and resolu- 4. The annual operational review of the b) in the light of changed circumstances of and for improving the management of tion, post-conflict support, including indicative programme shall consist of an ACP State. the ACP States’ public investment institution-building, economic and social a joint assessment of the implementa- projects cycle. development activities, taking particular tion of the programme and take into Such reviews shall be completed within account of the needs of the most vulner- account the results of relevant activi- a further period of 30 days of the finali- 3. The draft indicative programme shall be able sections of the population. The ties of monitoring and evaluation. sation of the mid-term and end-of-term the subject of an exchange of views Commission and the ACP State con- This review shall be conducted locally reviews. The end of Financial Protocol between the ACP State concerned and cerned shall revert to normal implemen- and shall be finalised between the review shall also include adaptation for the Community. The indicative pro- tation and normal management proce- National Authorising Officer and the the new financial protocol in terms of gramme shall be adopted by common dures as soon as the authorities respon- Commission within a period of 60 both resource allocation and prepara- agreement between the Commission on sible for managing cooperation are able days. It shall in particular cover an tion for the next programme. behalf of the Community and the ACP to do so once more. assessment of: State concerned. It shall, when adopted, 7. Following the completion of the mid- be binding on both the Community and a) the results achieved in the focal sec- term and end-of-term reviews, the that State. This indicative programme tor(s) measured against the identified Commission may, on behalf of the shall be annexed to the CSS and shall in ARTICLE 5 targets and impact indicators and sec- Community, revise the resource alloca- addition contain: Review process toral policy commitments; tion in the light of current needs and performance of the ACP State concerned. 1. Financial cooperation between the ACP a) specific and clearly identified opera- b) programmes and projects outside the State and the Community shall be suffi- tions, especially those that can be com- focal sector(s)and/or in the framework ciently flexible to ensure that operations mitted before the next review; of multi annual programmes; CHAPTER 2 are kept constantly in line with the objectives of this Agreement and to take PROGRAMMING AND b) a timetable for implementation and c) the use of resources set aside for non account of any changes occurring in the review of the indicative programme, State actors; PREPARATION (REGIONAL) economic situation, priorities and object- including commitments and disburse- ives of the ACP State concerned. In this ments of resources; and d) the effectiveness in implementation of context, the National Authorising Officer ARTICLE 6 current operations and the extent to and the Commission shall: Participation c) the parameters and criteria for the which the timetable for commitments reviews. a) annually undertake an operational and payments have been respected; 1. Regional cooperation shall cover oper- review of the indicative programme; and and ations benefiting and involving: 4. The Community and the ACP State con- b) undertake a mid-term and end-of-term cerned shall take all necessary meas- e) an extension of the programming per- a) two or more or all ACP States as well as review of the CSS and the indicative pro- ures to ensure that the programming spective for the following years. any non-ACP developing countries par- gramme in the light of current needs and process is completed within the short- ticipating in these operations, and/or performance. est possible time and, save in excep- 5. The National Authorising Officer and the tional circumstances, within twelve 2. In exceptional circumstances referred Commission shall submit the report on b) a regional body of which at least two months of the signing of the Financial to in the provisions on humanitarian the conclusion of the annual review to ACP States are members, including Protocol. In this context, the prepara- and emergency assistance, the review the Development Finance Cooperation those with members which are non-ACP tion of the CSS and the indicative pro- can be carried out on the demand of Committee, within 30 days of the comple- countries. gramme must be part of a continuous either Party. tion of the operational review. The process leading to the adoption of a Committee shall examine the report in 2. Regional cooperation can also involve single document. 3. The National Authorising Officer and the accordance with its responsibilities and Overseas Countries and Territories and Commission shall: powers under the Agreement. outermost regions. The funding to 5. When an ACP State faces a crisis situation a) take all necessary measures to ensure enable participation of these territories as the result of a war or other conflict, or adherence to the provisions of the 6. In the light of the annual operational shall be additional to funds allocated to exceptional circumstances with a com- indicative programme, including ensur- reviews, the National Authorising the ACP States under the Agreement. parable effect, preventing the National ing that the timetable of commitments Officer and the Commission may at the Authorising Officer from carrying out his and disbursements agreed at the time mid-term and end-of-term reviews, and duty, the Commission may itself manage of programming is adhered to; and within the above time frames, review ARTICLE 7 the resources allocated to the State in and adapt the CSS: Regional programmes question in accordance with Article 3 and b) determine any causes of delay in imple- use it for special support. Special sup- mentation and propose suitable meas- a) where operational reviews indicate The ACP States concerned shall decide on port may concern peace building pol- ures to remedy the situation. specific problems; and/or the definition of geographical regions.

20 | Partnership Agreement ACP-EC 2005 revised edition | 21 To the maximum extent possible, regional 3. The RSS shall be prepared by the 2. Without prejudice to Article 11 concern- evolving circumstances and to ensure that integration programmes should corres- Commission and the duly mandated ing reviews, the Community may, in they are correctly implemented. Following pond to programmes of existing regional regional organisation(s) in collabora- order to take account of new needs or the completion of mid-term and end-of- organisations with a mandate for econom- tion with the ACP States in the region exceptional performance, increase a term reviews, the Community may revise ic integration. In principle, in case the concerned. The RSS will be an instru- region’s allocation. the resource allocation in the light of cur- membership of several relevant regional ment to prioritise activities and to build rent needs and performance. organisations overlaps, the regional inte- local ownership of supported pro- gration programme should correspond to grammes. The RSS shall include the fol- ARTICLE 10 the combined membership of these lowing standard elements: Regional indicative programme ARTICLE 12 organisations. In this context, the Intra-ACP cooperation Community will provide specific support a) an analysis of the political, economic 1. On the basis of the resource allocation from regional programmes to groups of and social context of the region; indicated above, the duly mandated 1. At the beginning of the period covered ACP States who are committed to negoti- regional organisation(s), and in the by the Financial Protocol, the Commu- ate economic partnership agreements b) an assessment of the process and absence of such a mandate, the National nity shall indicate to the ACP Council of with the EU. prospects of regional economic integra- Authorising Officers of the countries in Ministers the part of the funds ear- tion and integration into the world the region, shall draw up a draft Regional marked for regional operations that economy; Indicative Programme. In particular, the shall be set aside for operations that ARTICLE 8 draft programme shall specify: benefit many or all ACP States. Such Regional programming c) an outline of the regional strategies and a) the focal sectors and themes of operations may transcend the concept priorities pursued and the expected Community aid; of geographic location. 1. Programming shall take place at the financing requirements; level of each region. The program- b) the most appropriate measures and 2. The Community may, in order to take ming shall be a result of an exchange d) an outline of relevant activities of other operations to achieve the objectives account of new needs for increasing the of views between the Commission external partners in regional coopera- set for those sectors and themes; and impact of intra-ACP activities, increase and the duly mandated regional tion; and the allocation for intra ACP cooperation. organisation(s) concerned, and in the c) the programmes and projects enabling absence of such a mandate, the e) an outline of the specific EU contribu- those objectives to be attained, insofar National Authorising Officers of the tion towards achievement of the goals as they have been clearly identified as ARTICLE 13 countries in that region. Where appro- for regional cooperation and integra- well as an indication of the resources to Requests for financing priate, programming may include a tion, complementary insofar as pos- be deployed for each of these elements consultation with eligible non-State sible to operations financed by the ACP and a timetable for their implementa- 1. Requests for financing of regional pro- actors. States themselves and by other exter- tion. grammes shall be submitted by: nal partners, particularly the EU 2. Programming for this purpose shall Member States. a) a duly mandated regional body or mean: 2. The Regional Indicative Programmes shall be adopted by common agree- organisation; or a) preparation and development of a ment between the Community and the Regional Support Strategy (RSS) based ARTICLE 9 ACP States concerned. b) a duly mandated sub-regional body, on the region’s own medium-term devel- Resource allocation organisation or an ACP State in the opment objectives and strategies; region concerned at the programming 1. At the beginning of the period covered ARTICLE 11 stage, provided that the operation has b) a clear indication from the Community of by the Financial Protocol, each region Review process been identified in the RIP. the indicative resource allocation from shall receive from the Community an which the region may benefit during the indication of the volume of resources Financial cooperation between each ACP 2. Requests for intra-ACP programmes five-year period as well as any other rel- from which it may benefit during a five- region and the Community shall be suffi- shall be submitted by: evant information; year period. The indicative resource allo- ciently flexible to ensure that operations cation shall be based on an estimate of are kept constantly in line with the object- a) at least three duly mandated regional c) preparation and adoption of a Regional need and the progress and prospects in ives of this Agreement and to take bodies or organisations belonging to Indicative Programme (RIP) for imple- the process of regional cooperation and account of any changes occurring in the different geographic regions, or at least menting the RSS; and integration. In order to achieve an ade- economic situation, priorities and object- two ACP States from each of the three quate scale and to increase efficiency, ives of the region concerned. A mid-term regions; or d) a review process covering the RSS, the regional and national funds may be and end-of-term review of the regional RIP and the volume of resources allo- mixed for financing regional operations indicative programmes shall be undertak- b) the ACP Council of Ministers or the ACP cated to each region. with a distinct national component. en to adapt the indicative programme to Committee of Ambassadors; or

22 | Partnership Agreement ACP-EC 2005 revised edition | 23 c) international organisations carrying out 6. Programmes and projects financed gible in accordance with this Agreement proposal shall be taken by the operations that contribute to the object- from the Fund for which requests for may be appraised by the Commission Commission on behalf of the ives of regional cooperation and integra- financing have been presented by the alone and give rise to the establishment, Community. Before any decision is tion, such as the African Union, subject to ACP Council of Ministers or Committee between the Commission and non-State taken, the ACP State concerned may prior approval by the ACP Committee of of Ambassadors shall be implemented actors, of grant contracts as defined in forward to the Commission any facts Ambassadors. either by the ACP Secretariat, in which Article 19a. This appraisal shall comply which may appear necessary to supple- case a financing agreement shall be with Article 4(1)(d) regarding the types of ment the information available to it. drawn up between the Commission and actors, their eligibility and the type of ARTICLE 14 the Secretariat in accordance with activity to be supported. The Commission, Procedures for implementation Article 17, or by the Commission, through the Head of Delegation, shall ARTICLE 17 depending on the nature of the action. inform the National Authorising Officer of Financing agreement 1. [deleted] such allocated grants. 1. Save as otherwise provided for in this 2. [deleted] Agreement, for any programme or pro- CHAPTER 3 ARTICLE 16 ject financed by a grant from the Fund, a 3. Account being taken of the objectives APPRAISAL AND FINANCING Financing proposal and decision financing agreement shall be drawn up and inherent characteristics of regional between the Commission and the ACP cooperation, including intra-ACP co- ARTICLE 15 1. The conclusions of the appraisal shall State concerned. operation, operations undertaken in this Identification, preparation and appraisal be summarised in a financing proposal, 2. The financing agreement shall be drawn sphere shall be governed by the proce- of programmes and projects the final version of which shall be drawn dures established for development up by the Commission in close collab- up between the Commission and the finance cooperation where applicable. 1. Programmes and projects that have oration with the ACP State concerned. ACP State concerned within 60 days of been presented by the ACP State con- the decision taken by the Commission 4. In particular and subject to paragraphs cerned shall be subject to joint 2. [deleted] on behalf of the Community. The financ- 5 and 6, any regional programme or appraisal. The ACP-EC Development ing agreement shall: project financed from the Fund shall Finance Cooperation Committee shall 3. [deleted] a) specify, in particular, the details of the give rise to: develop the general guidelines and Community’s financial contribution, the criteria for appraisal of programmes 4. The Commission, acting on behalf of the financing arrangements and terms and a) either, in accordance with Article 17, a and projects. These programmes and Community, shall communicate its the general and specific provisions relat- financing agreement drawn up between projects are generally multi-annual financing decision to the ACP State con- ing to the programme or project con- the Commission and one of the bodies and may incorporate a whole range of cerned within 90 days from the date on cerned; and mentioned in Article 13; in such cases, actions of a limited size in a particular which the final version of the financial the relevant body shall designate a area. proposal is drawn up. b) make adequate provision for appropri- Regional Authorising Officer whose ations to cover cost increases and con- duties correspond mutatis mutandis 2. Programme and project dossiers pre- 5. Where the financing proposal is not tingencies. with those of the National Authorising pared and submitted for financing must adopted by the Commission on behalf Officer; contain all information necessary for of the Community, the ACP State con- 3. Any unexpended balance left upon clo- the appraisal of the programmes and cerned shall be informed immediately sure of the accounts of programmes b) or a grant contract as defined in Article projects or, where programmes and of the reasons for that decision. In such and projects shall accrue to the ACP 19a drawn up between the Commission projects have not been completely a case, the representatives of the ACP State or States concerned. and one of the bodies mentioned in defined, provide the broad outlines State concerned may, within 60 days Article 13, depending on the nature of the necessary for their appraisal. thereafter, request either: action and where the relevant body, other than an ACP State, is responsible for 3. Programme and project appraisal shall a) that the matter be referred to the ACP- carrying out the programme or project. take due account of national human EC Development Finance Cooperation resource constraints and ensure a strat- Committee set up under this Agreement; 5. Programmes and projects financed egy favourable to the promotion of or from the Fund and for which requests such resources. It shall also take into for financing have been presented account the specific characteristics and b) that they be given a hearing by the by international organisations in constraints of each ACP State. Community’s representatives. accordance with Article 13(2)(c) shall give rise to the drawing up of a grant 4. Programmes and projects to be imple- 6. Following such a hearing, a definitive contract. mented by non-State actors which are eli- decision to adopt or reject the financing

24 | Partnership Agreement ACP-EC 2005 revised edition | 25 ARTICLE 18 CHAPTER 4 ated cases and in agreement with the initiative, participation in procedures Cost over-runs IMPLEMENTATION Commission, issue invitations to tender for for the awarding of procurement con- all types of contracts with a suspension tracts or grants shall be open to all nat- 1. Once it appears that there is a risk of clause, once project appraisal is completed ural and legal persons who are eligible cost over-runs over and above the ARTICLE 19a but before the financing decision is taken. under point 1, and to all natural and financing available under the financing Implementation measures Such a provision must be mentioned in the legal persons from a country participat- agreement, the National Authorising financing proposal ing in the relevant initiative. The same Officer shall notify the Commission and 1. Where financial execution is the rules apply for supplies and materials; request its prior approval on the meas- Commission’s responsibility, imple- ARTICLE 20 6. whenever the Fund finances an opera- ures which the National Authorising mentation of programmes and pro- Eligibility Officer intends to take in order to cover jects financed from the Fund shall con- tion co-financed with a third State, participation in procedures for the award- such cost over-runs, either by reducing sist chiefly of the following: Save where a derogation is granted in ing of procurement contracts or grants the scale of the programme or project or accordance with Article 22, and without shall be open to all natural and legal by calling on national or other non a) awarding of procurement contracts; prejudice to Article 26: Community resources. persons eligible under point 1, and to b) awarding of grants; 1. participation in procedures for the all persons eligible under the rules of 2. If it is not possible to reduce the scale awarding of procurement contracts or the above mentioned third State. The of the programme or project or to cover c) performance by direct labour; grants financed from the Fund shall be same rules apply for supplies and the over-runs with other resources, the open to all natural and legal persons materials. Commission, acting on behalf of the d) direct payments as budgetary support, from ACP States and Member States of Community, may, on the basis of a rea- support for sectoral programmes, debt the Community; soned request from the National relief and support to cover short term ARTICLE 21 Authorising Officer, take an additional fluctuations in export earnings. 2. supplies and materials purchased Participation on equal terms financing decision on resources from under a contract financed from the the indicative programme. 2. In the context of this Annexe, procure- Fund must originate in a State that is The ACP States and the Commission shall ment contracts are contracts for pecu- eligible under point 1. In this context, take the necessary measures to ensure niary interest concluded in writing in the definition of the concept of "origin- the widest possible participation on equal ARTICLE 19 order to obtain, against payment of a ating products" shall be assessed by terms in invitations to tender for works, Retroactive financing price, the supply of movable assets, the reference to the relevant international supplies and services contracts, includ- execution of works or the provision of agreements, and supplies originating in ing, as appropriate, measures to: 1. In order to ensure early project start-up, services. the Community shall include supplies avoid gaps between sequential projects originating in the Overseas Countries a) ensure publication of invitations to and prevent delays, the ACP States may, 3. In the context of this Annexe, grants are and Territories; tender in the Official Journal of the on completion of project appraisal and direct financial contributions awarded European Communities, the Internet, before the financing decision is taken, 3. participation in procedures for the by way of a donation in order to finance: the Official Journals of all the ACP pre-finance activities linked to the start- awarding of procurement contracts or States and any other appropriate infor- up of programmes, preliminary and sea- a) either an action designed to help grants financed from the Fund shall be mation media; sonal work, orders for equipment with achieve an objective of this Agreement open to international organisations; long delivery lead times as well as some or of a programme or project adopted in b) eliminate discriminatory practices or 4. whenever the Fund finances an opera- on-going operations. Such expenditure accordance with this Agreement, or technical specifications which might shall satisfy the procedures provided tion implemented through an inter- stand in the way of widespread partici- for in this Agreement. b) the functioning of a body which pur- national organisation, participation in pation on equal terms; sues such an objective. procedures for the awarding of procure- 2. Any expenditure referred to in para- ment contracts or grants shall be open c) encourage cooperation between the graph 1 shall be mentioned in the Grants shall be covered by a written to all natural and legal persons who are companies and firms of the Member financing proposal and shall be without contract. eligible under point 1, and to all natural States and of the ACP States; prejudice to the financing decision and legal persons who are eligible taken by the Commission on behalf of according to the rules of the organisa- d) ensure that all the awarding criteria are the Community. ARTICLE 19b tion, care being taken to ensure equal specified in the tender dossier; and Tender procedure with suspension treatment of all donors. The same rules 3. Expenditure made by the ACP State under clause apply for supplies and materials; e) ensure that the tender selected conforms this Article shall be retroactively financed to the requirements of the tender dossier under the programme or project, once the In order to ensure early project start-up, 5. whenever the Fund finances an opera- and meets the awarding criteria stated financing agreement is signed. the ACP States may, in all duly substanti- tion implemented as part of a regional there in.

26 | Partnership Agreement ACP-EC 2005 revised edition | 27 ARTICLE 22 a) open international invitation to tender ii) between EUR 30 000 and EUR ARTICLE 24 Derogation through or after the publication of a 150 000 shall be awarded through Implementation by direct labour procurement notice in accordance with an open local invitation to tender; 1. In exceptional duly substantiated circum- the provisions of this Agreement; and 1. In the case of direct labour operations, stances, natural or legal persons from programmes and projets shall be third countries not eligible under Article b) open local invitation to tender where iii) below EUR 30 000 shall be awarded implemented through public or semi- 20 may be authorised to participate in the procurement notice is published by direct agreement contract which public agencies or departments of the procedures for the awarding of procure- exclusively in the beneficiary ACP State; involves a simplified procedure ACP State or States concerned or by ment contracts or grants financed by the without publication of a procure- the legal person responsible for exe- Community at the justified request of the c) restricted international invitation to ment notice. cuting the operation. tender where the Contracting Authority ACP States concerned. The ACP States 2. The Community shall contribute to the invites a limited number of candidates concerned shall, on each occasion, pro- c) service contracts of a value : costs of the department involved by to take part in the call for tender after vide the Commission with the informa- i) higher than EUR 200 000 shall be providing the equipment and/or mater- the publication of a pre-information tion needed to decide on such deroga- awarded through a restricted inter- ials that it lacks and/or resources to notice; tion, with particular attention being given national tender after publication of a allow it to acquire additional staff to: procurement notice; and required in the form of experts from d) direct agreement contracts which involve within the ACP States concerned or a) the geographical location of the ACP simplified procedure where the publica- other ACP States. The Community’s par- State concerned; tion of the procurement notice is dis- ii) below EUR 200 000 shall be awarded ticipation shall cover only costs pensed with and the Contracting by direct agreement contract which b) the competitiveness of contractors, incurred by supplementary measures Authority invites a limited number of involves a simplified procedure or a suppliers and consultants from the and temporary expenditure relating to service providers to present their offers; framework contract. Member States and the ACP States; execution that are strictly confined to and 3. For works, supply and service contracts the requirements of the programmes c) the need to avoid excessive increases in with a value of EUR 5 000 or less, these and projects in question. the cost of performance of the contract; e) direct labour agreement where contracts can be awarded directly without com- are performed through public or semi- 3. Programme estimates implementing petition. d) transport difficulties or delays due to public agencies and departments of the direct-labour operations must comply delivery times or other similar prob- beneficiary States concerned. with the Community rules, procedures 4. In case of restricted invitation to tender, lems; and standard documents laid down by a short-list of prospective tenderers 2. Contracts financed from the Fund shall the Commission, as applicable at the e) technology that is the most appropriate shall be drawn up by the ACP State or be concluded in accordance with the fol- time of approval of the programme and best suited to local conditions; States concerned in agreement with the lowing provisions: estimates. Head of Delegation following, where f) cases of extreme urgency; a) works contracts of a value : applicable, a call for pre-qualification of tenders based on the publication of a g) the availability of products and services i) higher than EUR 5 000 000 shall be ARTICLE 25 procurement notice. in the relevant markets. awarded in an open international Emergency assistance contracts invitation to tender; 5. In case of direct-agreement contracts, 2. In the case of projects financed from the Contracts under emergency assistance the ACP State shall enter freely into Investment Facility, the procurement ii) between EUR 300 000 and EUR 5 shall be undertaken in such a way as to such discussions as it may consider rules of the Bank shall apply. 000 000 shall be awarded through reflect the urgency of the situation. To this an open local invitation to tender; appropriate with the prospective ten- end, for all operations relating to emer- and derers whom it has short-listed in gency assistance, the ACP State may, in ARTICLE 23 accordance with the Articles 20 to 22 agreement with the Head of Delegation, and award the contract to the tenderers Competition iii) lower than EUR 300 000 shall be authorise: awarded by direct agreement contract whom it has selected. a) the conclusion of contracts by direct 1. To simplify and streamline the general which involves a simplified procedure 6. The ACP States may request the agreement; rules and regulations for competition without publication of a procurement Commission to negotiate, draw up, and preferences for EDF financed opera- notice. b) the performance of contracts by direct conclude and implement service con- tions, contracts shall be awarded labour; tracts directly on their behalf or through open and restricted procedures b) supply contracts of a value : through its relevant agency. c) implementation through specialised as well as framework contract, direct i) higher than EUR 150 000 shall be agencies; and agreement contracts and direct labour awarded through an open inter- as follows: national invitation to tender; d) direct implementation by the Commission.

28 | Partnership Agreement ACP-EC 2005 revised edition | 29 ARTICLE 26 e) the ACP State may, in the invitation to tender, including the offer of an after curement rules for cooperation with Preferences tender, propose to the prospective ten- sales service in the ACP State; and third countries. derers the assistance of other ACP 1. Measures shall be taken to encourage States’ companies or firms or national iii) the nature of, the conditions and 2. Pending the adoption of these proced- the widest participation of the natural experts or consultants selected by the time limit for executing the ures, the current EDF rules as contained and legal persons of ACP States in the mutual agreement. This cooperation contracts, and the adaptation to in the current general regulations and performance of contracts financed by may take the form either of a joint ven- local conditions. general conditions of contracts shall the Fund in order to permit the optimi- ture, or of a subcontract or of on the apply. c) for a service contract who offers the sation of the physical and human job training of trainees. most advantageous tender taking into resources of those States. To this end: account, inter alia, the price, the techni- 2. Where two tenders are acknowledged ARTICLE 29 cal value of the tender, the organisation a) for works contracts of a value of less to be equivalent on the basis of the General conditions for contracts and the methodology proposed for the than EUR 5 000 000, tenderers of the criteria stated above, preference shall provision of the services as well as the ACP States, provided that at least one be given: Performance of works, supply and service competence, independence and avail- quarter of the capital stock and man- contracts financed from the resources of ability of the personnel proposed. agement staff originates from one or a) to the tenderer of an ACP State; or the Fund shall be governed by: more ACP States, shall be accorded a 2. Where two tenders are acknowledged a) the general conditions applicable to 10% price preference where tenders of b) if no such tender is forthcoming, to the to be equivalent on the basis of the cri- contracts financed by the Fund which an equivalent economic, technical and tenderer who: teria stated above, preference shall be shall be adopted by decision of the administrative quality are compared; given: Council of Ministers at the first meeting i) allows for the best possible use of following the signing of this Agreement, b) for supply contracts, irrespective of the the physical and human resources a) to the tenderer of an ACP State; or upon the recommendation of the ACP- value of the supplies, tenderers of the of the ACP States; EC Development Finance Cooperation ACP States who offer supplies of at b) if no such tender is forthcoming, to the Committee; or least 50% in contract value of ACP ori- ii) offers the greatest subcontracting tenderer who : gin, shall be accorded a 15% price pref- possibilities for ACP companies, b) in the case of co-financed projects and erence where tenders of equivalent firms or natural persons; or i) permits the best possible use of the programmes, or where a derogation to economic, technical and administrative physical and human resources of third parties has been granted or in quality are compared; iii) is a consortium of natural persons, the ACP States; companies and firms from ACP accelerated procedures or in other ii) offers the greatest subcontracting appropriate cases, such other general c) in respect of service contracts, where States and the Community. possibilities to ACP companies, conditions as may be agreed by the ACP tenders of equivalent economic and firms or natural persons; or State concerned and the Community, technical quality are compared, prefer- i.e. : ence shall be given to: ARTICLE 27 iii) is a consortium of natural persons, Award of contracts companies and firms from ACP i) experts, institutions or consultancy i) the general conditions for contracts States and the Community. prescribed by the national legisla- companies or firms from ACP States 1. Without prejudice to Article 24, the ACP tion of the ACP State concerned or with the required competence; State shall award the contract to the its established practices regarding tenderer: international contracts; or ii) offers submitted by ACP firms, ARTICLE 28 either individually or in a consor- a) whose tender is found to be responsive General regulations for contracts ii) any other international general con- tium with European partners; and to the tender dossier; ditions for contracts. 1. The award of contracts financed from b) for a works or supply contract, who iii) offers presented by European ten- the resources of the Fund shall be gov- has offered the most advantageous derers with ACP sub-contractors or erned by this Annexe and the proce- tender as assessed, inter alia, on the experts; dures which shall be adopted by deci- ARTICLE 30 basis of : sion of the Council of Ministers at the Settlement of disputes d) where subcontracting is envisaged, pref- i) the price, the operating and main- first meeting following the signing of erence shall be given by the successful tenance costs; this Agreement, upon the recommenda- Any dispute arising between the authori- tenderer to natural persons, companies tion of the ACP-EC Development Finance ties of an ACP State and a contractor, sup- and firms of ACP States capable of per- ii) the qualifications of, and the guar- Cooperation Committee. These proce- plier or provider of services during the forming the contract required on similar antees offered by the tenderers, as dures shall respect the provisions of performance of a contract financed by the terms; and well as the technical qualities of the this Annexe and the Community’s pro- Fund shall:

30 | Partnership Agreement ACP-EC 2005 revised edition | 31 a) in the case of a national contract, be b) profits and/or income arising from the other than those recruited locally, operational modalities aimed at settled in accordance with the nation- performance of contracts shall be tax- engaged in carrying out tasks defined ensuring the joint character of the opera- al legislation of the ACP State con- able according to the internal fiscal in a service contract and members of tions and shall, on a yearly basis, cerned; and arrangements of the ACP State con- their families, shall be exempt from approve the work programme. cerned, provided that the natural or customs or import duties, taxes and b) in the case of a transnational contract legal persons who realise such profit other fiscal charges having equivalent 2. Monitoring and evaluation activities be settled either : and/or income have a permanent place effect, within the limit of the national shall notably: of business in that State, or that the legislation in force in the beneficiary i) if the Parties to the contract so agree, performance of the contract takes ACP State. a) provide regular and independent assess- in accordance with the national legis- longer than six months; ments of the Fund’s operations and activ- lation of the ACP State concerned or 3. Any matter not covered by the above ities by comparing results with object- its established international prac- c) enterprises which must import profes- provisions on tax and customs arrange- ives; and thereby tices; or sional equipment in order to carry out ments shall remain subject to the works contracts shall, if they so b) enable the ACP States and the ii) by arbitration in accordance with the national legislation of the ACP State request, benefit from the system of Commission and the Joint Institutions, procedural rules which will be adopt- concerned. temporary admission as laid down by to feed the lessons of experience back ed by decision of the Council of the national legislation of the benefici- into the design and execution of future Ministers at the first meeting follow- ary ACP State in respect of the said policies and operations. ing the signing of this Agreement, equipment; upon the recommendation of the CHAPTER 5 ACP-EC Development Finance Co- d) professional equipment necessary for MONITORING AND EVALUATION operation Committee. carrying out tasks defined in a service contract shall be temporarily admitted CHAPTER 6 ARTICLE 31 into the beneficiary ACP State or States ARTICLE 32 FUND-RESOURCE Tax and customs arrangements in accordance with its national legisla- Objectives MANAGEMENT AND tion free of fiscal, import and customs EXECUTING AGENTS 1. The ACP States shall apply to contracts duties and of other charges having The objective of monitoring and evalua- financed by the Community tax and equivalent effect where these duties tion shall consist in the regular assess- customs arrangements no less and charges do not constitute remuner- ment of development operations (prepa- ARTICLE 34 favourable than those applied by them ation for services rendered; ration, implementation and subsequent The Commission to the most favoured States or inter- operation) with a view to improving the national development organisations e) imports under supply contracts shall be development effectiveness of on-going 1. The Commission shall undertake the with which they have relations. For the admitted into the beneficiary ACP State and future operations. financial execution of operations car- purpose of determining the most- without customs duties, import duties, ried out with Fund resources, with the favoured-nation (MFN) treatment, taxes or fiscal charges having equiva- exception of the Investment Facility account shall not be taken of arrange- lent effect. The contract for supplies ARTICLE 33 and interest-rate subsidies, using the ments applied by the ACP State con- originating in the ACP State concerned Modalities following main methods of manage- cerned to other ACP States, or to other shall be concluded on the basis of the ment: developing countries. ex-works price of the supplies to which 1. Without prejudice to evaluations carried may be added such internal fiscal out by the ACP States or the Commission, a) centralised management; 2. Subject to the above provisions the fol- charges as may be applicable to those this work will be done jointly by the ACP lowing shall apply to contracts financed supplies in the ACP State; by the Community: State(s) and the Community. The ACP b) decentralised management. f) fuels, lubricants and hydrocarbon EC Development Finance Cooperation a) the contract shall not be subject in the binders and, in general, all materials Committee shall ensure the joint charac- 2. As a general rule, the financial execu- beneficiary ACP State to stamp or regis- used in the performance of works con- ter of the joint monitoring and evaluation tion of the Fund resources by the tration duties or to fiscal charges hav- tracts shall be deemed to have been operations. In order to assist the ACP- Commission shall be decentralised. ing equivalent effect, whether such purchased on the local market and shall EC Development Finance Cooperation charges already exist or are to be insti- be subject to fiscal rules applicable Committee, the Commission and the ACP In this instance, the execution duties tuted in the future; however, such con- under the national legislation in force in General Secretariat shall prepare and shall be carried out by the ACP States in tracts shall be registered in accordance the beneficiary ACP State; and implement the joint monitoring and eval- accordance with Article 35. with the laws in force in the ACP State uations and report to the Committee. The and a fee corresponding to the service g) personal and household effects Committee shall, at its first meeting after 3. In order to carry out the financial exe- rendered may be charged for it; imported for use by natural persons, the signature of the Agreement, fix the cution of the Fund resources, the

32 | Partnership Agreement ACP-EC 2005 revised edition | 33 Commission shall delegate its execu- a) be responsible for the coordination, pro- k) during the execution operations, make ARTICLE 36 tive powers within its own depart- gramming, regular monitoring and annual, any adaptation arrangements neces- Head of delegation ments. The Commission shall inform mid-term and end-of-term reviews of sary to ensure the proper execution of the ACP States and the ACP-EC implementation of cooperation, and for approved programmes or projects from 1. The Commission shall be represented Development Finance Cooperation coordination with donors; the economic and technical viewpoint. in each ACP State or in each regional Committee of this delegation of tasks. grouping which expressly so requests, b) in close cooperation with the 2. The National Authorising Officer shall, by a delegation under the authority of Commission, be responsible for the during the execution of operations and a Head of Delegation, with the preparation, submission and appraisal subject to the requirement to inform approval of the ACP State or States ARTICLE 35 of programmes and projects; the Commission, decide on: concerned. Appropriate measures National Authorising Officer shall be taken in any case in which a c) prepare tender dossiers and, where a) technical adjustments and alterations Head of Delegation is appointed to a 1. The Government of each ACP State shall appropriate, the documents for calls for to programmes and projects in matters group of ACP States. The Head of appoint a National Authorising Officer proposals; of detail so long as they do not affect Delegation shall represent the to represent it in all operations financed the technical solution adopted and Commission in all spheres of its com- from the Fund resources managed by d) submit tender dossiers and, where remain within the limits of the reserve petence and in all its activities. the Commission and the Bank. The appropriate, documents for calls for for adjustments provided for in the National Authorising Officer shall proposals, to the Commission for financing agreement; 2. The Head of Delegation shall be the appoint one or more deputy National approval before launching invitations main contact for ACP States and bodies Authorising Officers to replace him to tender and, where appropriate, calls b) changes of site for multiple-unit pro- or organisations eligible for financial when he is unable to carry out his for proposals; grammes or projects where justified on support under the Agreement. He shall duties and shall inform the Commission technical, economic or social grounds; cooperate and work in close coopera- of this appointment. Wherever the con- e) in close cooperation with the tion with the National Authorising Commission, launch invitations to ten- Officer. ditions regarding institutional capacity c) imposition or remission of penalties for der and, where appropriate, calls for and sound financial management are delay; 3. The Head of Delegation shall have the met, the National Authorising Officer proposals; necessary instructions and delegated may delegate his functions for imple- f) receive tenders and, if applicable, pro- d) acts discharging guarantors; powers to facilitate and expedite all mentation of the programmes and proposals, and transmit copies of tenders operations under the Agreement. jects concerned to the body responsible to the Commission; preside over the e) purchase of goods, irrespective of their within the national administration. The opening of tenders and decide on the origin, on the local market; 4. On a regular basis, the Head of National Authorising Officer shall results of their examination within the Delegation shall inform the national inform the Commission of any such del- period of validity of the tenders, taking f) use of construction equipment and authorities of Community activities egation. account of the time required for machinery not originating in the Member which may directly concern coopera- approval of contracts; States or ACP States provided there is no tion between the Community and the When the Commission becomes aware production of comparable equipment ACP States. of problems in carrying out procedures g) invite the Commission to the opening of and machinery in the Member States or relating to management of Fund tenders and, if applicable, proposals ACP States; resources, it shall, in conjunction with and notify the Commission of the the National Authorising Officer, make ARTICLE 37 results of the examination of tenders all contacts necessary to remedy the g) subcontracting; Payments and proposals for approval of the pro- situation and take any appropriate posals for the award of contracts and steps. h) final acceptance, provided that the 1. For the purpose of effecting payments grants; Commission is present at provisional in the national currencies of the ACP acceptance, endorses the correspond- The National Authorising Officer shall h) submit contracts and programme esti- States, accounts denominated in the ing minutes and, where appropriate, is assume financial responsibility only mates and any addenda thereto to the currencies of the Members States or in present at the final acceptance, in par- for the executive tasks entrusted to Commission for approval; euro may be opened in the ACP States him. ticular where the extent of the reser- by and in the name of the Commission i) sign the contracts and addenda thereto vations recorded at the provisional with a national public or semi-public Where Fund resources are managed in a approved by the Commission; acceptance necessitates major addi- financial institution chosen by agree- decentralised way and subject to any tional work; and ment between the ACP State and the additional powers that might be granted j) clear and authorise expenditure within Commission. This institution shall exer- by the Commission, the National the limits of the funds assigned to him; i) hiring of consultants and other technical cise the functions of National Paying Authorising Officer shall: and assistance experts. Agent.

34 | Partnership Agreement ACP-EC 2005 revised edition | 35 2. The National Paying Agent shall receive special relations and special nature of enjoyed in relation to products originat- no remuneration for its services and no ANNEXE V ACP-EC cooperation, examine on a ing in third countries benefiting from the interest shall be payable by it on TRADE REGIME APPLICABLE case-by-case basis the requests from most-favored-nation clause. deposited funds. The local accounts DURING THE PREPARATORY the ACP States for preferential access shall be replenished by the Commission for their agricultural products to the e) Where the Community intends to con- in the currency of one of the Member PERIOD REFERRED Community market and shall notify its clude a preferential agreement with States or in euro, based on estimates of TO IN ARTICLE 37 (1) decision on these reasoned requests if third States it shall inform the ACP future cash requirements, which shall possible within four months, and in any States thereof. Consultations shall be made sufficiently in advance to case not more than six months after the take place where the ACP States so avoid the need for pre-financing by ACP CHAPTER 1 date of their submission. request in order to safeguard their States and to prevent delayed dis- interests. bursements. GENERAL TRADE Within the context of subparagraph (a), ARRANGEMENTS the Community shall take its decisions 3. [deleted] in particular with reference to conces- ARTICLE 2 ARTICLE 1 sions granted to developing third coun- 4. Payments shall be made by the tries. It shall take account of the possi- 1. The Community shall not apply to Commission in accordance with the Products originating in the ACP States bilities offered by the off-season market. imports of products originating in the rules laid down by the Community and shall be imported into the Community ACP States any quantitative restric- the Commission, where appropriate free of customs duties and charges having d) The arrangements referred to in sub- tions or measures having equivalent after the expenditure has been equivalent effect. paragraph (a) shall enter into force at effect. cleared and authorised by the the same time as this Agreement and National Authorising Officer. a) For products originating in the ACP shall remain applicable for the dur- 2. Paragraph 1 shall not preclude prohib- States: ation of the preparatory period defined itions or restrictions on imports, 5. [deleted] in Article 37(1) of the Agreement. exports or goods in transit justified on - listed in Annexe I to the Treaty where grounds of public morality, public pol- 6. The procedures for clearance, authori- they come under a common organisa- However, if during this period, the icy or public security, the protection of sation and payment of expenditure tion of the market within the meaning Community: health and life of humans, animals must be completed within a period of of Article 34 of the Treaty, or and plants, the protection of national 90 days from the date on which the - subjects one or more products to com- treasures possessing artistic, historic - subject, on import into the Community, payment becomes due. The National mon organization of the market or to or archaeological value, conservation to specific rules introduced as a result Authorising Officer shall process and specific rules introduced as a result of of exhaustible natural resources if of the implementation of the common deliver the payment authorisation to the implementation of the common such measures are made effective in agricultural policy, the Head of Delegation not later than agricultural policy, it shall reserve the conjunction with restrictions on 45 days before the due date. domestic production or consumption, the Community shall take the neces- right to adapt the import treatment for or the protection of industrial and sary measures to ensure more favour- those products originating in the ACP 7. Claims for delayed payments shall be commercial property. able treatment than that granted to States, following consultations within borne by the ACP State or States con- third countries benefiting from the the Council of Ministers. In such cases, cerned, and by the Commission from 3. Such prohibitions or restrictions shall most-favoured-nation clause for the the provisions of subparagraph (a) its own resources, for that part of the in no case constitute a means of arbi- same products. shall be applicable; delay for which each Party is respon- trary or unjustifiable discrimination sible in accordance with the above b) If, during the application of this - modifies the common organisation of or a disguised restriction of trade procedures. Annexe, the ACP States request that the market in a particular product or the generally. new lines of agricultural production or specific rules introduced as a result of 8. [deleted] agricultural products which are not the implementation of the common agri- In cases where implementation of the the subject of specific arrangements cultural policy, it shall reserve the right measures referred to in paragraph 2 when this Annexe enters into force to modify the arrangements laid down affects the interests of one or more should benefit from such arrange- for products originating in the ACP ACP States, consultation shall be held ments, the Community shall examine States, following consultations within at the request of the latter, in accord- these requests in consultation with the Council of Ministers. In such cases ance with the provisions of Article 12 the ACP States. the Community shall undertake to of this Agreement, with a view to ensure that products originating in the reaching a satisfactory solution. c) Notwithstanding the above, the ACP States continue to enjoy an advan- Community shall, in the context of the tage comparable to that previously

36 | Partnership Agreement ACP-EC 2005 revised edition | 37 ARTICLE 3 originating in the Community, obligations as to cause or threaten to cause ser- 2. Where consultations have taken place, corresponding to the commitment ious injury to its domestic producers of safeguard measures, or arrangements 1. Where new measures or measures stip- entered into by the Community under this like or directly competitive products or jointly agreed upon by the ACP States ulated in programmes adopted by the Annexe in respect of imports of the prod- serious disturbances in any sector of concerned and the Community, shall Community for the approximation of ucts originating in the ACP States the economy or difficulties which could enter into force thereafter. laws and regulations in order to facili- bring about serious deterioration in the tate the movement of goods are likely a) In their trade with the Community, the economic situation of a region, the 3. However, the prior consultations pro- to affect the interests of one or more ACP States shall not discriminate Community may take appropriate vided for in paragraphs 1 and 2 shall not ACP States, the Community shall, prior among the Member States and shall measures under the conditions and in prevent any immediate decisions which to adopting such measures, inform the grant to the Community treatment no accordance with the procedures laid the Community, in accordance with ACP States thereof through the Council less favourable than most-favoured down in Article 9. Article 8(1), might take where special of Ministers. nation treatment. factors have necessitated such deci- 2. The Community undertakes not to use sions. 2. In order to enable the Community to b) The most-favoured-nation treatment other means for protectionism pur- take into consideration the interests of referred to in subparagraph (a) shall poses or to hamper structural develop- 4. In order to facilitate the examination of the ACP State concerned, consultations not apply in respect of trade or eco- ment. The Community will refrain from factors that may cause market disturb- shall be held at the request of the latter nomic relations between ACP States or using safeguard measures having the ances, a mechanism shall be instituted in accordance with the provisions of between one or more ACP States and same effect. for the statistical surveillance of certain Article 12 of this Agreement, with a view other developing countries. ACP exports to the Community. to reaching a satisfactory solution. 3. Safeguard measures shall be restrict- 5. The Parties undertake to hold regular ARTICLE 6 ed to those which would least disturb ARTICLE 4 trade between the Contracting consultations with a view to finding sat- Parties in implementing the object- isfactory solutions to problems which 1. Where existing Community rules or reg- Each Party shall communicate its customs ives of this Agreement and must not might result from the application of the ulations adopted in order to facilitate tariff to the Council of Ministers within exceed the scope of what is strictly safeguard clause. the movement of goods affect the inter- three months of the entry into force of this Annexe. Each Party shall also communi- necessary to remedy the difficulties ests of one or more ACP States or 6. The prior consultations as well as the cate any subsequent amendments to its that have arisen. where these interests are affected by regular consultations and the surveil- tariff as and when they come into force. the interpretation, application or lance mechanism referred to in para- 4. When applied, safeguard measures administration of such rules or regula- graphs 1 to 5 shall be implemented in shall take into account the existing tions, consultations shall be held at the accordance with Protocol 2 annexed ARTICLE 7 level of the ACP exports concerned to request of the ACP States concerned hereto. the Community and their potential for with a view to reaching a satisfactory 1. The concept of "originating products" development. Particular attention shall solution. for the purposes of implementing this be paid to the interests of the least- ARTICLE 10 2. With a view to finding a satisfactory Annexe, and the methods of admini- developed, landlocked and island ACP solution, the ACP States may also strative cooperation relating thereto, are States. The Council of Ministers shall, at the bring up within the Council of defined in Protocol 1 annexed hereto. request of any Party concerned, consider Ministers any other problems relating the economic and social effects of the to the movement of goods which 2. The Council of Ministers may adopt any application of the safeguard clause. might result from measures taken or amendment to Protocol 1. ARTICLE 9 envisaged by the Member States. 3. Where the concept of "originating 1. Prior consultation shall take place ARTICLE 11 3. The relevant institutions of the products" has not yet been defined for concerning the application of the When safeguard measures are being Community shall, to the greatest pos- a given product pursuant to para- safeguard clause, both when such taken, modified or removed, particular sible extent, inform the Council of graphs 1 or 2, each Contracting Party measures are first adopted and when attention shall be paid to the interests Ministers of such measures in order to shall continue to apply its own rules. they are extended. The Community of the least-developed, landlocked and ensure effective consultations. shall provide the ACP States with all the information required for such island ACP States. ARTICLE 8 consultations and shall provide the ARTICLE 5 data from which to determine to what 1. Where any product is being imported extent imports from an ACP State of a 1. The ACP States shall not be required to into the Community in such increased specific product have caused the assume, in respect of imports of products quantities and under such conditions effects referred to in Article 8(1).

38 | Partnership Agreement ACP-EC 2005 revised edition | 39 ARTICLE 12 CHAPTER 2 ARTICLE 14 SPECIAL UNDERTAKING ON In order to ensure the effective implemen- The special undertaking on beef and veal, tation of this Annexe, the Parties agree to SUGAR AND BEEF AND VEAL defined in Protocol 4 annexed hereto shall inform and consult each other. apply.

In addition to the cases for which consul- ARTICLE 13 tations are specifically provided for in CHAPTER 3 Articles 2 to 9 of this Annexe, consulta- 1. In accordance with Article 25 of the tions shall also take place, at the request ACP-EEC Convention of Lomé signed on FINAL PROVISIONS of the Community or the ACP States, and 28 February 1975 and with Protocol 3 in accordance with the conditions provid- annexed thereto, the Community has ARTICLE 15 ed for in the procedural rules in Article 12 undertaken for an indefinite period, of this Agreement, particularly in the fol- notwithstanding the other provisions of The Protocols attached to this Annexe lowing cases: this Annexe, to purchase and import, at shall form an integral part thereof. guaranteed prices, specific quantities 1) where Parties intend to take any trade of cane sugar, raw or white, which ori- measures affecting the interests of one ginates in the ACP States producing and or more Parties under this Annexe, exporting cane sugar and which those they shall inform the Council of States have undertaken to deliver to it. Ministers thereof. Consultations shall take place, where the Parties con- 2. The conditions for the implementation cerned so request, in order to take of the aforementioned Article 25 have account of their respective interests; been laid down by Protocol 3 referred to in paragraph 1. The text of the 2) if, during the application of this Protocol is attached to this Annexe as Annexe, the ACP States consider that Protocol 3. agricultural products covered by Artic1e 1(2)(a) other than those subject 3. Article 8 of this Annexe shall not apply to special treatment should benefit within the framework of the said form such treatment, consultations Protocol. may take place within the Council of Ministers; 4. For the purpose of Article 8 of the said Protocol the institutions established 3) where a Party considers that obstacles under this Agreement may be used dur- to the movement of goods arise as a ing the period of application of this result of the existing rules of another Agreement. Party or the interpretation, application or administration thereof; 5. Article 8(2) of the said Protocol shall apply should this Agreement cease to 4) where the Community takes safeguard be operative. measures in accordance with the provisions of Article 8, consultations on 6. The declarations contained in Annexes these measures may take place within XIII, XXI and XXII of the Final Act to the the Council of Ministers, where the ACP-EEC Convention of Lomé signed on Parties concerned so request, notably 28 February 1975 are reaffirmed and with a view to ensuring compliance with their provisions shall continue to apply. Article 8(3). These declarations are annexed as such to Protocol 3. Such consultations must be completed within three months. 7. This Article and Protocol 3 shall not apply to relations between the ACP States and the French overseas departments.

40 | Partnership Agreement ACP-EC 2005 revised edition | 41 PROTOCOL 1 concerning the definition of the concept of "originating products" and methods of administrative cooperation

TABLE OF CONTENTS TABLE OF CONTENTS

INDEX ANNEXES TITLE I: General Provisions 19. Conditions for making out an ANNEXE I to Protocol 1: ANNEXE X to Protocol 1: invoice declaration Introductory notes to the list in Annexe II Textile products excluded from the Article 20. Approved exporter cumulation procedure with certain devel- 1. Definitions 21. Validity of proof of origin ANNEXE II to Protocol 1: oping countries referred to in Article 6(11) 22. Transit procedure List of working or processing required of this Protocol 23. Submission of proof of origin TITLE II: Definition of the concept of to be carried out on non-originating 24. Importation by instalments "originating products" materials in order that the product ANNEXE XI to Protocol 1: 25. Exemptions from proof of origin manufactured can obtain originating status Products for which the cumulation 26. Information procedure for Articles provisions with South Africa referred to cumulation purposes 2. General requirements ANNEXE III to Protocol 1: in Article 6(3) apply after 3 years from 27. Supporting documents 3. Wholly obtained products Overseas countries and territories the provisional application of the Trade, 28. Preservation of proof of origin and 4. Sufficiently worked or processed Development and Co-operation supporting documents products ANNEXE IV to Protocol 1: Agreement between the European 29. Discrepancies and formal errors 5. Insufficient working or processing Form for movement certificate Community and the Republic of South 30. Amounts expressed in EUR operations Africa 6. Cumulation of origin ANNEXE V to Protocol 1: 7. Unit of qualification TITLE V: Arrangements for Invoice declaration ANNEXE XII to Protocol 1: 8. Accessories, spare parts and tools administrative cooperation Products for which the cumulation 9. Sets ANNEXE VIA to Protocol 1: provisions with South Africa referred to 10. Neutral elements Articles Supplier declaration for products having in Article 6(3) apply after 6 years from 31. Mutual assistance preferential origin status the provisional application of the Trade, 32. Verification of proofs of origin Development and Co-operation TITLE III: Territorial requirements 33. Verification of suppliers’ ANNEXE VIB to Protocol 1: Agreement between the European declaration Supplier declaration for products not Community and the Republic of South Articles 34. Dispute settlement having preferential original-status Africa 11. Principle of territoriality 35. Penalties 12. Direct transport 36. Free zones ANNEXE VII to Protocol 1: ANNEXE XIII to Protocol 1: 13. Exhibitions 37. Customs Cooperation Committee Information certificate Products to which Article 6(3) shall 38. Derogations not be applicable TITLE IV: Proof of origin ANNEXE VIII to Protocol 1: Form for application for a derogation TITLE VI: Ceuta and Melilla ANNEXE XIV to Protocol 1: Articles Fishery products to which Article 6(3) 14. General requirements ANNEXE IX to Protocol 1: Article shall temporarily not be applicable 15. Procedure for the issue of a List of working or processing conferring 39. Special conditions movement certificate EUR 1 the character of ACP origin on a product ANNEXE XV to Protocol 1: 16. Movement certificates EUR 1 issued obtained when working or processing is Joint declaration on cumulation retrospectively TITLE VII: Final Provisions carried out on textile materials originating 17. Issue of a duplicate movement in developing countries referred to in certificate EUR 1 Articles Article 6(11) of this Protocol 18. Issue of movement certificates EUR 40. Revision of rules of origin 1 on the basis of a proof of origin 41. Annexes issued or made out previously 42. Implementation of the Protocol

42 | Partnership Agreement ACP-EC 2005 revised edition | 43 h)"value of originating materials" means Annexe III, hereafter referred to as the TITLE I the value of such materials as defined TITLE II OCT: GENERAL in subparagraph (g) applied mutatis DEFINITION OF PROVISIONS mutandis; THE CONCEPT OF a) mineral products extracted from their soil or from their seabed; i) "added value" shall be taken to be the “ORIGINATING ARTICLE 1 ex-works price minus the customs value PRODUCTS” b) vegetable products harvested there; of third country materials imported into Definitions the Community, the ACP States or the c) live animals born and raised there; Overseas Countries and Territories; For the purposes of this Protocol: ARTICLE 2 d) products from live animals raised there; j) "chapters" and "headings" mean the a) "manufacture" means any kind of work- General requirements chapters and the headings (four-digit e) products obtained by hunting or fishing ing or processing including assembly or codes) used in the nomenclature conducted there; specific operations; 1. For the purpose of implementing the which makes up the Harmonized trade co-operation provisions of Commodity Description and Coding f) products of sea fishing and other prod- b) "material" means any ingredient, raw ANNEXE V, the following products shall System, referred to in this Protocol as ucts taken from the sea outside the ter- material, component or part, etc., used be considered as originating in the ACP "the Harmonized System" or "HS"; ritorial waters by their vessels; in the manufacture of the product; States: k) "classified" refers to the classification a) products wholly obtained in the ACP g) products made aboard their factory c) "product" means the product being of a product or material under a partic- States within the meaning of Article 3 ships exclusively from products manufactured, even if it is intended for ular heading; of this Protocol; referred to in subparagraph (f); later use in another manufacturing operation; b) products obtained in the ACP States l) "consignment" means products which h) used articles collected there fit only for incorporating materials which have not are either sent simultaneously from one the recovery of raw materials, including d) "goods" means both materials and been wholly obtained there, provided exporter to one consignee or covered by used tyres fit only for retreading or for products; that such materials have undergone a single transport document covering use as waste; sufficient working or processing in the their shipment from the exporter to the e) "customs value" means the value as ACP States within the meaning of i) waste and scrap resulting from manu- consignee or, in the absence of such a determined in accordance with the Article 4 of this Protocol. facturing operations conducted there; document, by a single invoice; 1994 Agreement on implementation of Article VII of the General Agreement on 2. For the purpose of implementing j) products extracted from marine soil or m)"territories" includes territorial waters. Tariffs and Trade (WTO Agreement on paragraph 1, the territories of the ACP subsoil outside their territorial waters customs valuation); States shall be considered as being one provided that they have sole rights to territory. work that soil or subsoil; f) "ex-works price" means the price paid for the product ex works to the manu- Originating products made up of materials k) goods produced there exclusively facturer in whose undertaking the last wholly obtained or sufficiently worked or from the products specified in sub- working or processing is carried out, processed in two or more ACP States shall paragraphs (a) to (j). provided the price includes the value of be considered as products originating in all the materials used, minus any inter- the ACP State where the last working or 2. The terms "their vessels" and "their nal taxes which are, or may be, repaid processing took place, provided the work- factory ships" in paragraph 1(f) and (g) when the product obtained is exported; ing or processing carried out there goes shall apply only to vessels and factory beyond that referred to in Article 5 of this ships: g)"value of materials" means the cus- Protocol. a) which are registered or recorded in an toms value at the time of importation EC Member State, in an ACP State or in of the non-originating materials used, an OCT; or, if this is not known and cannot be ARTICLE 3 Wholly obtained products ascertained, the first ascertainable b) which sail under the flag of an EC price paid for the materials in the terri- Member State, of an ACP State or of an 1. The following shall be considered as tory concerned; OCT; wholly obtained, in the ACP States or in the Community, or in the overseas c) which are owned to an extent of at least countries and territories defined in 50% by nationals of States party to the

44 | Partnership Agreement ACP-EC 2005 revised edition | 45 Agreement, or of an OCT, or by a com- ARTICLE 4 ARTICLE 5 2. All the operations carried out in either pany with its head office in one of these Sufficiently worked or Insufficient working or the ACP States, the Community or the States or OCT, of which the Chairman of processed products processing operations OCT on a given product shall be consid- the Board of Directors or the Supervisory ered together when determining Board, and the majority of the members 1. For the purposes of this Protocol, prod- 1. Without prejudice to paragraph 2, the whether the working or processing of such boards are nationals of States ucts which are not wholly obtained are following operations shall be consid- undergone by that product is to be party to the Agreement, or of an OCT, considered to be sufficiently worked or ered as insufficient working or process- regarded as insufficient within the and of which, in addition, in the case of processed in the ACP States, or in the ing to confer the status of originating meaning of paragraph 1. partnerships or limited companies, at Community or in the OCT, when the products, whether or not the require- least half the capital belongs to those conditions set out in the list in Annexe II ments of Article 4 are satisfied: States party to the Agreement or to pub- are fulfilled. ARTICLE 6 lic bodies or nationals of the said States, a) operations to ensure the preservation of Cumulation of origin or of an OCT; The conditions referred to above indicate, products in good condition during trans- for all products covered by this port and storage (ventilation, spreading Cumulation with the OCT and d) of which at least 50% of the crew, mas- Agreement, the working or processing which out, drying, chilling, placing in salt, sul- the Community ter and officers included, are nationals must be carried out on non-originating phur dioxide or other aqueous solutions, of States party to the Agreement, or of materials used in manufacturing and removal of damaged parts, and like oper- 1. Materials originating in the Community an OCT. apply only in relation to such materials. ations); or in the OCT shall be considered as Accordingly, it follows that if a product, materials originating in the ACP States 3. Notwithstanding the provisions of which has acquired originating status by b) simple operations consisting of when incorporated into a product paragraph 2, the Community shall fulfilling the conditions set out in the list is removal of dust, sifting or screening, obtained there. It shall not be necessary recognise, upon request of an ACP used in the manufacture of another product, sorting, classifying, matching (includ- that such materials have undergone State, that vessels chartered or the conditions applicable to the product in ing the making-up of sets of articles), sufficient working or processing, pro- leased by the ACP State be treated as which it is incorporated do not apply to it, washing, painting, cutting up; vided they have undergone working or "their vessels" to undertake fisheries and no account shall be taken of the non- processing going beyond that referred activities in its exclusive economic originating materials which may have c) i) changes of packaging and breaking to in Article 5. zone under the following conditions: been used in its manufacture. up and assembly of packages; 2. Working and processing carried out in the Community or in the OCT shall be - that the ACP State offered the 2. Notwithstanding paragraph 1, non-ori- ii) simple placing in bottles, flasks, considered as having been carried out Community the opportunity to negoti- ginating materials which, according to bags, cases, boxes, fixing on cards or in the ACP States, when the materials ate a fisheries agreement and the the conditions set out in the list, should boards, etc., and all other simple undergo subsequent working or pro- Community did not accept this offer; not be used in the manufacture of a packaging operations; cessing in the ACP States given product may nevertheless be - that at least 50% of the crew, master used, provided that: d) affixing marks, labels and other like Cumulation with South Africa and officers included are nationals of distinguishing signs on products or States party to the Agreement, or of an a) their total value does not exceed 15% their packaging; 3. Subject to the provisions of paragraphs OCT; of the ex-works price of the product; 4, 5, 6, 7 and 8, materials originating in e) simple mixing of products, whether or South Africa shall be considered as ori- - that the charter or lease contract has b) any of the percentages given in the list not of different kinds, where one or ginating in the ACP States when incorpo- been accepted by the ACP-EC Customs for the maximum value of non-originat- more components of the mixtures do rated into a product obtained there. It Cooperation Committee as providing ing materials are not exceeded through not meet the conditions laid down in shall not be necessary that such mat- adequate opportunities for developing the application of this paragraph. this Protocol to enable them to be con- erials have undergone sufficient working the capacity of the ACP State to fish on sidered as originating in an ACP State, or processing. its own account and in particular as 3. Paragraphs 1 and 2 shall apply except in the Community or in the OCT; conferring on the ACP State the as provided in Article 5. 4. Products which have acquired originat- responsibility for the nautical and f) simple assembly of parts to constitute a ing status by virtue of paragraph 3 shall commercial management of the vessel complete product; only continue to be considered as prod- placed at its disposal for a significant ucts originating in the ACP States when period of time. g) a combination of two or more opera- the value added there exceeds the tions specified in subparagraphs (a) to value of the materials used originating (f); in South Africa. If this is not so, the products concerned shall be consid- h) slaughter of animals. ered as originating in South Africa. In

46 | Partnership Agreement ACP-EC 2005 revised edition | 47 the allocation of origin, no account acquired the status of originating prod- - the working or processing carried out Accordingly, it follows that: shall be taken of materials originating ucts by an application of the rules of in the ACP State exceeds the opera- - when a product composed of a group or in South Africa which have undergone origin identical to those set out in this tions listed in Article 5. However, assembly of articles is classified under sufficient working or processing in the Protocol. The ACP States shall provide products of Chapter 50 to 63 of the the terms of the Harmonized System in ACP States. the Community with details of agree- Harmonised System shall in addition a single heading, the whole constitutes ments and their corresponding rules of undergo in the ACP State at least the unit of qualification; 5. The cumulation provided for in para- origin which have been concluded with working or processing as a result of graph 3 may only be applied after 3 South Africa. The European Commission which the product obtained is classi- - when a consignment consists of a num- years for the products listed in Annexe shall publish in the Official Journal of the fied in a heading which is different ber of identical products classified under XI and 6 years for the products listed in Europea Communities (C series) the date from those in which the material ori- the same heading of the Harmonized Annexe XII respectively, as from the on which the ACP States have met the ginating in the non-ACP developing System, each product must be taken indi- provisional application of the obligations laid down in this paragraph. country used in its manufacture, are vidually when applying the provisions of Agreement on Trade, Development and classified. For products listed in this Protocol. Co-operation between the European 9. Without prejudice to paragraphs 5 and 7, Annexe IX to this Protocol, only the 2. Where, under General Rule 5 of the Community and the Republic of South working and processing carried out in specific processing referred to in col- Harmonized System, packaging is Africa. The cumulation provided for in South Africa shall be considered as hav- umn 3 shall apply, whether or not it included with the product for classifica- paragraph 3 shall not be applicable to ing been carried out in an other Member involves a change of heading, tion purposes, it shall be included for the products listed in Annexe XIII. State of the South African Customs the purposes of determining origin. Union (SACU) when the materials under- - the ACP States, the Community and 6. Notwithstanding paragraph 5, the cumu- go subsequent working or processing in the other countries concerned have lation provided for in paragraph 3 may that other Member State of SACU. concluded an agreement on ade- ARTICLE 8 be applied at the request of the ACP quate administrative procedures Accessories, spare parts and tools States for the products listed in Annexes 10. Without prejudice to paragraphs 5 and which will ensure correct implemen- XI and XII. The ACP-EC Committee of 7 and at the request of the ACP States, tation of this paragraph. Accessories, spare parts and tools dis- Ambassadors shall decide on the ACP working and processing carried out in patched with a piece of equipment, requests, product per product, on the South Africa, shall be considered as This paragraph shall not apply to tuna machine, apparatus or vehicle, which are basis of a report drawn up by the ACP-EC having been carried out in the ACP products classified under Harmonised part of the normal equipment and included Customs Co-operation Committee in States, when the materials undergo System Chapters 3 or 16, rice products of in the price thereof or which are not sep- accordance with Article 37. In the exami- subsequent working or processing in an HS Code 1006 or the textile products list- arately invoiced, shall be regarded as one nation of requests, account shall be ACP State within the context of a region- ed in Annexe X to this Protocol. with the piece of equipment, machine, taken of the risk of the circumvention of al economic integration agreement. apparatus or vehicle in question. the trade provisions of the Agreement on For the purpose of determining whether Trade, Development and Co-operation Unless there is a specific request by either the products originate in the non-ACP developing country, the provisions of between the European Community and party for a referral of the decision to the ARTICLE 9 the Republic of South Africa. ACP-EC Council of Ministers, the ACP-EC this Protocol shall apply. Customs Cooperation Committee shall Sets 7. The cumulation provided for in para- decide on the ACP requests in accordance Unless there is a specific request by Sets, as defined in General Rule 3 of the graph 3 shall only be applicable to the with Article 37. either party for a referral of the decision Harmonized System, shall be regarded as products listed in Annexe XIV when the to the ACP-EC Council of Ministers, the originating whenall component products tariffs on these products in the frame- ACP-EC Customs Cooperation Committee are originating. Nevertheless, when a set work of the Agreement on Trade, Cumulation with neighbouring shall decide on the ACP requests in is composed of originating and non-ori- Development and Co-operation developing countries accordance with Article 37. ginating products, the set as a whole shall between the European Community and 11. At the request of the ACP States, be regarded as originating, provided that the Republic of South Africa have been materials originating in a neighbour- the valueof the non-originating products eliminated. The European Commission ing developing country, other than an ARTICLE 7 does not exceed 15 per cent of the ex- shall publish in the Official Journal of ACP State, belonging to a coherent Unit of qualification works price of the set. the European Communities (C series) geographical entity, shall be consid- the date on which the conditions of this ered as materials originating in the 1. The unit of qualification for the applica- paragraph have been fulfilled. ACP States when incorporated into a tion of the provisions of this Protocol ARTICLE 10 product obtained there. It shall not be shall be the particular product which is Neutral elements 8. The cumulation provided for in para- necessary that such materials have considered as the basic unit when deter- graph 3 may only be applied where the undergone sufficient working or pro- mining classification using the nomen- In order to determine whether a product South African materials used have cessing, provided that : clature of the Harmonized System. originates, it shall not be necessary to

48 | Partnership Agreement ACP-EC 2005 revised edition | 49 determine the origin of the following sions of ANNEXE V applies only to prod- ARTICLE 13 TITLE IV which might be used in its manufacture: ucts, satisfying the requirements of this Exhibitions Protocol, which are transported directly PROOF OF ORIGIN a) energy and fuel; between the territory of the ACP States, of the Community, of the OCT or of South 1. Originating products, sent from an ACP b) plant and equipment; Africa for the purposes of Article 6 with- State for exhibition in a country other ARTICLE 14 out entering any other territory. than those referred to in Article 6 and General requirements c) machines and tools; However, products constituting one sin- sold after the exhibition for importation gle consignment may be transported into the Community shall benefit on d) goods which do not enter and which through other territories with, should importation from the provisions of are not intended to enter into the final the occasion arise, transshipment or 1. Products originating in the ACP States ANNEXE V provided it is shown to the composition of the product. temporary warehousing in such terri- shall, on importation into the Community satisfaction of the customs authorities tories, provided that they remain under benefit from ANNEXE V upon submission that: the surveillance of the customs authori- of either: TITLE III ties in the country of transit or ware- a) an exporter has consigned these prod- housing and do not undergo operations a) a movement certificate EUR.1, a speci- TERRITORIAL ucts from an ACP State to the country in other than unloading, reloading or any men of which appears in Annexe IV; or which the exhibition is held and has REQUIREMENTS operation designed to preserve them in exhibited them there; good condition. b) in the cases specified in Article 19(1), a declaration, the text of which appears in ARTICLE 11 Originating products may be transport- b) the products have been sold or other- Annexe V to this Protocol, given by the Principle of territoriality ed by pipeline across territory other wise disposed of by that exporter to a exporter on an invoice, a delivery note or than that of an ACP State, of the person in the Community; any other commercial document which Community or of an OCT. describes the products concerned in suf- 1. The conditions set out in Title II relative c) the products have been consigned dur- ficient detail to enable them to be iden- to the acquisition of originating status 2. Evidence that the conditions set out in ing the exhibition or immediately there- tified (hereinafter referred to as the must be fulfilled without interruption in paragraph 1 have been fulfilled shall be after in the state in which they were "invoice declaration"). the ACP States, except as provided for in supplied to the customs authorities of sent for exhibition; and Article 6. the importing country by the produc- 2. Notwithstanding paragraph 1, originat- tion of: d) the products have not, since they were ing products within the meaning of this 2. If originating goods exported from the consigned for exhibition, been used for Protocol shall in the cases specified ACP States, the Community or the OCT to a) a single transport document covering any purpose other than demonstration in Article 25, benefit from ANNEXE V another country are returned, except the passage from the exporting country at the exhibition. without it being necessary to submit insofar as provided for in Article 6, they through the country of transit; or any of the documents referred to must be considered as non-originating, 2. A proof of origin must be issued or made above. unless it can be demonstrated to the sat- b) a certificate issued by the customs out in accordance with the provisions of isfaction of the customs authorities that: authorities of the country of transit: Title IV and submitted to the customs authorities of the importing country in a) the goods returned are the same goods i) giving an exact description of the the normal manner. The name and as those exported; and products; address of the exhibition must be ii) stating the dates of unloading and indicated thereon. Where necessary, b) they have not undergone any operation reloading of the products and, where additional documentary evidence of the beyond that necessary to preserve them applicable, the names of the ships, or conditions under which they have been in good condition while in that country or the other means of transport used; exhibited may be required. while being exported. and iii) certifying the conditions under which 3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibi- ARTICLE 12 the products remained in the transit country; or tion, fair or similar public show or dis- Direct transport play which is not organized for private c) failing these, any substantiating docu- purposes in shops or business premi- ments. ses with a view to the sale of foreign 1. The preferential treatment provided for products, and during which the prod- under the trade co-operation provi- ucts remain under customs control.

50 | Partnership Agreement ACP-EC 2005 revised edition | 51 ARTICLE 15 have the right to call for any evidence and cation agrees with that in the corre- ARTICLE 18 Procedure for the issue of to carry out any inspection of the sponding file. Issue of movement certificates EUR.1 a movement certificate EUR.1 exporter’s accounts or any other check on the basis of a proof of origin considered appropriate. The issuing cus- 4. Movement certificates EUR.1 issued issued or made out previously 1. A movement certificate EUR.1 shall be toms authorities shall also ensure that retrospectively must be endorsed with issued by the customs authorities of the forms referred to in paragraph 2 are one of the following phrases: When originating products are placed the exporting country on application duly completed. In particular, they shall under the control of a customs office in an having been made in writing by the check whether the space reserved for the “NACHTRÄGLICH AUSGESTELLT”, ACP State or in the Community, it shall be exporter or, under the exporter’s description of the products has been “DÉLIVRÉ A POSTERIORI”, possible to replace the original proof of responsibility, by his authorized repre- completed in such a manner as to “RILASCIATO A POSTERIORI”, origin by one or more movement certifi- sentative. exclude all possibility of fraudulent addi- “AFGEGEVEN A POSTERIORI”, cates EUR.1 for the purpose of sending all tions. “ISSUED RETROSPECTIVELY”, or some of these products elsewhere 2. For this purpose, the exporter or his “UDSTEDT EFTERFØLGENDE”, within the ACP States or within the authorized representative shall fill out ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ 6. The date of issue of the movement “ ”, Community. The replacement movement both the movement certificate EUR.1 certificate EUR.1 shall be indicated in “EXPEDIDO A POSTERIORI”, certificate(s) EUR.1 shall be issued by the and the application form, specimens of Box 11 of the certificate. “EMITIDO A POSTERIORI”, customs office under whose control the which appear in Annexe IV. These forms “ANNETTU JÄLKIKÄTEEN”, products are placed. shall be completed in accordance with 7. A movement certificate EUR.1 shall be “UTFÄRDAT I EFTERHAND”. the provisions of this Protocol. If they issued by the customs authorities and are handwritten, they shall be complet- made available to the exporter as soon 5. The endorsement referred to in para- ARTICLE 19 ed in ink in printed characters. The as actual exportation has been effected graph 4 shall be inserted in the Conditions for making out an description of the products must be or ensured. "Remarks" box of the movement cer- invoice declaration given in the box reserved for this pur- tificate EUR.1. pose without leaving any blank lines. 1. An invoice declaration as referred to in Where the box is not completely filled, a ARTICLE 16 Article 14(1)(b) may be made out: horizontal line must be drawn below Movement certificates EUR.1 ARTICLE 17 the last line of the description, the issued retrospectively Issue of a duplicate movement a) by an approved exporter within the empty space being crossed through. certificate EUR.1 meaning of Article 20, or 1. Notwithstanding Article 15(7), a move- 3. The exporter applying for the issue of a 1. In the event of theft, loss or destruction ment certificate EUR.1 may exceptional- b) by any exporter for any consignment movement certificate EUR.1 shall be of a movement certificate EUR.1, the ly be issued after exportation of the consisting of one or more packages prepared to submit at any time, at the exporter may apply to the customs products to which it relates if: containing originating products whose request of the customs authorities of authorities which issued it for a dupli- total value does not exceed EUR 6 000. the exporting ACP State where the a) it was not issued at the time of exporta- cate made out on the basis of the export movement certificate EUR.1 is issued, tion because of errors or involuntary documents in their possession. 2. An invoice declaration may be made out all appropriate documents proving omissions or special circumstances; or if the products concerned can be con- the originating status of the products 2. The duplicate issued in this way must sidered as products originating in the concerned as well as the fulfillment of b) it is demonstrated to the satisfaction of be endorsed with one of the following ACP States or in one of the other coun- the other requirements of this Protocol. the customs authorities that a move- words: tries referred to in Article 6 and fulfil the ment certificate EUR.1 was issued but other requirements of this Protocol. 4. A movement certificate EUR.1 shall be was not accepted at importation for “DUPLIKAT”, “DUPLICATA”, “DUPLICATO”, “DUPLICAAT”, “DUPLICATE”, issued by the customs authorities of technical reasons. 3. The exporter making out an invoice “ΛΝΤΙΓΡΑΦΟ”, “DUPLICADO”, the exporting ACP State if the products declaration shall be prepared to submit ”SEGUNDA VIA”, “KAKSOISKAPPALE” concerned can be considered as prod- 2. For the implementation of paragraph 1, at any time, at the request of the cus- ucts originating in the ACP States or in the exporter must indicate in his appli- toms authorities of the exporting coun- 3. The endorsement referred to in para- one of the other countries referred to in cation the place and date of exporta- try, all appropriate documents proving graph 2 shall be inserted in the Article 6 and fulfil the other require- tion of the products to which the move- the originating status of the products "Remarks" box of the duplicate movements of this Protocol. ment certificate EUR.1 relates, and concerned as well as the fulfillment of ment certificate EUR.1. state the reasons for his request. the other requirements of this Protocol. 5.The issuing customs authorities shall take any steps necessary to verify the 3. The customs authorities may issue a 4. The duplicate, which must bear the date 4. An invoice declaration shall be made originating status of the products and the movement certificate EUR.1 retrospec- of issue of the original movement certifi- out by the exporter by typing, stamping fulfillment of the other requirements of tively only after verifying that the infor- cate EUR.1, shall take effect as from that or printing on the invoice, the delivery this Protocol. For this purpose, they shall mation supplied in the exporter’s appli- date. note or another commercial document,

52 | Partnership Agreement ACP-EC 2005 revised edition | 53 the declaration, the text of which 3. The customs authorities shall grant to authorities in the country of transit enter forming part of travellers" personal appears in Annexe V to this Protocol, the approved exporter a customs the following in box 7 of the certificate luggage shall be admitted as using one of the linguistic versions set authorization number which shall EUR.1: originating products without requiring out in that Annexe and in accordance appear on the invoice declaration. - the word "transit", the submission of a proof of origin, with the provisions of the domestic law provided that such products are not - the name of the country of transit, of the exporting country. If the declara- 4. The customs authorities shall monitor imported by way of trade and have been tion is handwritten, it shall be written in the use of the authorisation by the - the official stamp, a specimen of which declared as meeting the requirements ink in printed characters. approved exporter. had been made available to the of this Protocol and where there is no Commission, in conformity with Article doubt as to the veracity of such a 5. Invoice declarations shall bear the ori- 5. The customs authorities may withdraw 31, declaration. In the case of products sent ginal signature of the exporter in manu- the authorization at any time. They shall - date of the endorsements. by post, this declaration can be made script. However, an approved exporter do so where the approved exporter no on the customs declaration CN22/CN23 within the meaning of Article 20 shall longer offers the guarantees referred to or on a sheet of paper annexed to that in paragraph 1, does not fulfil the condi- document. not be required to sign such declara- ARTICLE 23 tions provided that he gives the cus- tions referred to in paragraph 2 or other- Submission of proof of origin toms authorities of the exporting coun- wise makes an incorrect use of the 2. Imports which are occasional and con- try a written undertaking that he authorization. sist solely of products for the personal accepts full responsibility for any Proofs of origin shall be submitted to the use of the recipients or travellers or invoice declaration which identifies him customs authorities of the importing their families shall not be considered as as if it had been signed in manuscript ARTICLE 21 country in accordance with the proce- imports by way of trade if it is evident dures applicable in that country. The said from the nature and quantity of the by him. Validity of proof of origin authorities may require a translation of a products that no commercial purpose is proof of origin and may also require the in view. 6. An invoice declaration may be made out 1. A proof of origin shall be valid for ten import declaration to be accompanied by by the exporter when the products to months from the date of issue in the a statement from the importer to the 3. Furthermore, the total value of these which it relates are exported, or after exporting country, and must be submit- effect that the products meet the condi- products shall not exceed EUR 500 in exportation on condition that it is pre- ted within the said period to the cus- tions required for the implementation of the case of small packages or EUR 1 sented in the importing country no toms authorities of the importing country. ANNEXE V. 200 in the case of products forming longer than two years after the importa- part of travellers" personal luggage. tion of the products to which it relates. 2. Proofs of origin which are submitted to the customs authorities of the importing country after the final date for pres- ARTICLE 24 ARTICLE 20 entation specified in paragraph 1 may Importation by installments ARTICLE 26 Information procedure for Approved exporter be accepted for the purpose of applying preferential treatment, where the fail- Where, at the request of the importer and cumulation purposes ure to submit these documents by on the conditions laid down by the cus- 1. The customs authorities of the export- the final date set is due to exceptional toms authorities of the importing country, 1. When Articles 2(2) and 6(1) are applied, ing country may authorize any exporter circumstances. dismantled or non-assembled products the evidence of originating status with- who makes frequent shipments of prod- within the meaning of General Rule 2(a) of in the meaning of this protocol of the ucts under the trade co-operation provi- 3. In other cases of belated presentation, the Harmonized System falling within materials coming from the other ACP sions of ANNEXE V to make out invoice the customs authorities of the import- Sections XVI and XVII or heading Nos States, the Community or the OCT shall declarations irrespective of the value of ing country may accept the proofs of 7308 and 9406 of the Harmonized System be given by a movement certificate EUR the products concerned. An exporter origin where the products have been are imported by installments, a single 1 or by the supplier’s declaration, a seeking such authorization must offer submitted before the said final date. proof of origin for such products shall be specimen of which appears in Annexe VI to the satisfaction of the customs submitted to the customs authorities A to this Protocol, given by the exporter authorities all guarantees necessary to upon importation of the first installment. in the State or OCT from which the verify the originating status of the prod- materials came. ucts as well as the fulfillment of the ARTICLE 22 other requirements of this Protocol. Transit procedure 2. When Articles 2(2), 6(2) and 6(9) are ARTICLE 25 applied, the evidence of the working or 2. The customs authorities may grant the When the products enter an ACP State or Exemptions from proof of origin processing carried out in the other ACP status of approved exporter subject to OCT other than the country of origin, a fur- States, the Community, the OCT or any conditions which they consider ther period of validity of 4 months shall 1. Products sent as small packages from South Africa shall be given by the sup- appropriate. begin on the date on which the customs private persons to private persons or plier’s declaration a specimen of which

54 | Partnership Agreement ACP-EC 2005 revised edition | 55 appears in Annexe VI B to this Protocol, laration can be considered as products 4. The customs authorities of the import- this purpose, it may decide to modify the given by the exporter in the State or originating in an ACP State or in one of ing country shall keep for at least three amounts expressed in euro. OCT from which the materials came. the other countries referred to in Article 6 years the movement certificates EUR.1 and fulfil the other requirements of this and the invoice declarations submitted 3. When the products are invoiced in the 3. A separate supplier’s declaration shall Protocol may consist inter alia of the fol- to them. currency of another EC Member State, be given by the supplier for each con- lowing: the importing country shall recognize signment of material on the commercial a) direct evidence of the processes carried the amount notified by the Member invoice related to that shipment or in an out by the exporter or supplier to ARTICLE 29 State concerned. annexe to that invoice, or on a delivery obtain the goods concerned, contained Discrepancies and formal errors note or other commercial document for example in his accounts or internal related to that shipment which bookkeeping; 1. The discovery of slight discrepancies describes the materials concerned in b) documents proving the originating sta- between the statements made in the sufficient detail to enable them to be tus of materials used, issued or made proof of origin and those made in the identified. out in an ACP State or in one of the documents submitted to the customs other countries referred to in Article 6 office for the purpose of carrying out 4. The supplier’s declaration may be made where these documents are used in the formalities for importing the prod- out on a pre-printed form. accordance with domestic law; ucts shall not ipso facto render the proof of origin null and void if it is duly c) documents proving the working or pro- 5. The suppliers’ declarations shall be established that this document does cessing of materials in the ACP States, signed in manuscript. However, where correspond to the products submitted. the invoice and the supplier’s declara- in the Community or in the OCT, issued or made out in an ACP State, in the tion are established using electronic 2. Obvious formal errors such as typing Community or in an OCT, where these data-processing methods, the sup- errors on a proof of origin should not documents are used in accordance with plier’s declaration need not be signed cause this document to be rejected if domestic law; in manuscript provided the responsible these errors are not such as to create official in the supplying company is d) movement certificates EUR.1 or invoice doubts concerning the correctness of identified to the satisfaction of the cus- declarations proving the originating sta- the statements made in this document. toms authorities in the State where the tus of materials used, issued or made suppliers’ declarations are established. out in the ACP States or in one of the The said customs authorities may lay other countries referred to in Article 6 down conditions for the implementa- and in accordance with this Protocol. ARTICLE 30 tion of this paragraph. Amounts expressed in euro

6. The supplier’s declarations are submit- ARTICLE 28 1. The amounts to be used in any given ted to the competent customs office in Preservation of proof of origin and national currency of a Member State the exporting ACP State requested to supporting documents shall be the equivalent in that national issue the movement certificate EUR 1. currency of the amounts expressed in 7. Suppliers’ declarations made and infor- 1. The exporter applying for the issue of a euro as at the first working day in mation certificates issued before the movement certificate EUR.1 shall keep October 1999. date of entry into force of this Protocol in for at least three years the documents 2. The amounts expressed in euro and their accordance with Article 23 of Protocol 1 referred to in Article 15(3). equivalents in the national currencies of to the Fourth ACP-EC Convention shall some EC Member States may be remain valid. 2. The exporter making out an invoice reviewed by the Community if necessary declaration shall keep for at least three and shall be notified by the Community years a copy of this invoice declaration to the Customs Cooperation Committee as well as the documents referred to in not later than one month before they ARTICLE 27 Article 19(3). shall come into force. When carrying out Supporting documents this review, the Community shall ensure 3. The customs authorities of the export- that there will be no decrease in the The documents referred to in Articles ing country issuing a movement certifi- amounts to be used in any national cur- 15(3) and 19(3) used for the purpose of cate EUR.1 shall keep for at least three rency and shall furthermore consider the proving that products covered by a move- years the application form referred to in desirability of preserving the effects of ment certificate EUR.1 or an invoice dec- Article 15(2). the limits concerned in real terms. For

56 | Partnership Agreement ACP-EC 2005 revised edition | 57 TITLE V ARTICLE 32 one of the countries referred to in A copy of the information certificate Verification of proofs of origin Article 6 and fulfil the other require- shall be preserved by the office which ARRANGEMENTS ments of this Protocol. has issued it for at least three years. FOR ADMINISTRATIVE 1. Subsequent verifications of proofs of origin shall be carried out at random or 6. If in cases of reasonable doubt there is 3. The requesting customs authorities COOPERATION whenever the customs authorities of no reply within ten months of the date shall be informed of the results of the the importing country have reasonable of the verification request or if the reply verification as soon as possible. The doubts as to the authenticity of such does not contain sufficient information results must be such as to indicate posi- ARTICLE 31 documents, the originating status of to determine the authenticity of the tively whether the declaration concern- Mutual assistance the products concerned or the fulfil- document in question or the real origin ing the status of the materials is correct. ment of the other requirements of this of the products, the requesting customs authorities shall, except in excep- 4. For the purpose of verification, sup- 1. The ACP States shall send to the Protocol. tional circumstances, refuse entitle- pliers shall keep for not less than three Commission specimens of the stamps ment to the preferences. years a copy of the document contain- used together with the addresses of 2. For the purposes of implementing the ing the declaration together with all the customs authorities competent to provisions of paragraph 1, the customs 7. Where the verification procedure or any necessary evidence showing the true issue movement certificates EUR.1 and authorities of the importing country other available information appears to status of the materials. carry out the subsequent verification of shall return the movement certificate indicate that the provisions of this movement certificates EUR.1 and EUR.1 and the invoice, if it has been Protocol are being contravened, the ACP 5. The customs authorities in the State invoice declarations. submitted, the invoice declaration, or a copy of these documents, to the State on its own initiative or at the request where the supplier’s declaration is of the Community shall carry out appro- established shall have the right to call Movement certificates EUR.1 and invoice customs authorities of the exporting priate enquires or arrange for such for any evidence or to carry out any declarations shall be accepted for the country giving, where appropriate, the enquiries to be carried out with due check which they consider appropriate purpose of applying preferential treat- reasons for the enquiry. Any documents urgency to identify and prevent such con- in order to verify the correctness of any ment from the date the information is and information obtained suggesting traventions and for this purpose the ACP supplier’s declaration. received by the Commission. that the information given on the proof or origin is incorrect shall be forwarded State concerned may invite the participation of the Community in these enquiries. 6. Any movement certificate EUR.1 or The Commission shall send this infor- in support of the request for verification. invoice declaration issued or made out mation to the customs authorities of on the basis of an incorrect supplier’s the Member States. 3. The verification shall be carried out by the customs authorities of the export- ARTICLE 33 declaration shall be considered null Verification of suppliers’ declarations and void. 2. In order to ensure the proper applica- ing country. For this purpose, they shall tion of this Protocol, the Community, have the right to call for any evidence the OCT, the ACP States shall assist and to carry out any inspection of the 1. Verification of suppliers’ declaration each other, through the competent cus- exporter’s accounts or any other check may be carried out at random or when- ARTICLE 34 toms administrations, in checking the considered appropriate. ever the customs authorities of the Dispute settlement authenticity of the movement certifi- importing State have reasonable doubts cates EUR.1, the invoice declarations or 4. If the customs authorities of the import- as to the authenticity of the document or supplier’s declarations and the correct- ing country decide to suspend the the accuracy or completeness of the Where disputes arise in relation to the ver- ness of the information given in these granting of preferential treatment to information concerning the true origin of ification procedures of Articles 32 and 33 documents. the products concerned while awaiting the materials in question. which cannot be settled between the cus- the results of the verification, release of toms authorities requesting a verification The authorities consulted shall furnish the products shall be offered to the 2. The customs authorities to which a sup- and the customs authorities responsible the relevant information concerning the importer subject to any precautionary plier’s declaration is submitted may for carrying out this verification or where conditions under which the product has measures judged necessary. request the customs authorities of the they raise a question as to the interpret- been made, indicating especially the State where the declaration was made to ation of this Protocol, they shall be sub- conditions in which the rules of origin 5. The customs authorities requesting the issue an information certificate, a speci- mitted to the Customs Cooperation have been respected in the various ACP verification shall be informed of the men of which appears in Annexe VII to this Committee. States, Member States, OCT concerned. results of this verification as soon as Protocol. Alternatively, the customs possible. These results must indicate authorities to which a supplier’s declaration In all cases the settlement of disputes clearly whether the documents are is submitted may request the exporter between the importer and the customs authentic and whether the products to produce an information certificate authorities of the importing country shall be concerned can be considered as prod- issued by the customs authorities of the under the legislation of the said country. ucts originating in the ACP States or in State where the declaration was made.

58 | Partnership Agreement ACP-EC 2005 revised edition | 59 ARTICLE 35 3. The Committee shall take decisions on information covering in particular the c) specific cases where it can be clearly Penalties cumulation under the conditions laid points listed below: demonstrated that significant invest- down in Article 6. ment in an industry could be deterred Penalties shall be imposed on any person - description of the finished product, by the rules of origin and where a dero- who draws up, or causes to be drawn up, 4. The Committee shall take decisions on gation favouring the realisation of the a document which contains incorrect derogations from this Protocol, under - nature and quantity of materials ori- investment programme would enable information for the purpose of obtaining a the conditions laid down in Article 38. ginating in a third country, these rules to be satisfied by stages. preferential treatment for products. 5. The Committee shall meet regularly, in - nature and quantity of materials ori- 4. In every case an examination shall be particular to prepare the decisions of ginating in ACP States, the Community or made to ascertain whether the rules ARTICLE 36 the Council of Ministers pursuant to the OCT, or which have been processed relating to cumulation of origin do not Free zones Article 40. there, provide a solution to the problem.

6. The Committee shall be composed on 1. The ACP States shall take all necessary - manufacturing processes, 5. In addition when a request for deroga- the one hand of experts from the steps to ensure that products traded tion concerns a least-developed or an Member States and of Commission offi- under cover of a proof of origin or a - value added, island ACP its examination shall be car- cials responsible for customs questions, supplier’s declaration and which in the ried out with a favourable bias having and on the other hand of experts repre- course of transport use a free zone - number of employees in the enterprise particular regard to: situated in their territory, are not sub- senting the ACP States and of officials of concerned, stituted by other goods and do not regional groupings of the ACP States a) the economic and social impact of the undergo handling other than normal who are responsible for customs ques- - anticipated volume of exports to the decision to be taken especially in operations designed to prevent their tions. The Committee may call upon Community, respect of employment; deterioration. appropriate expertise where necessary. - other possible sources of supply for raw b) the need to apply the derogation for a 2. By means of an exemption to the provi- materials ARTICLE 38 period taking into account the particu- sions contained in paragraph 1, when Derogations lar situation of the ACP State concerned originating products are imported into - reasons for the duration requested in and its difficulties. a free zone under cover of a proof of ori- the light of efforts made to find new 1. Derogations from this Protocol may be gin and undergo treatment or process- sources of supply, adopted by the Committee where the 6. In the examination of requests, special ing, the authorities concerned shall development of existing industries or account shall be taken, case by case, of issue a new EUR.1 certificate at the - other observations. the creation of new industries justifies the possibility of conferring originating exporter’s request, if the treatment or them. status on products which include in processing undergone is in conformity The same rules shall apply to any requests their composition materials originating with the provisions of this Protocol. for extension. The ACP State or States concerned shall, in neighbouring developing countries, either before or when the ACP States least-developed countries or develop- The Committee may modify the form. ARTICLE 37 submit the matter to the Committee, ing countries with which one or more notify the Community of its request for a ACP States have special relations, pro- Customs Cooperation Committee 3. The examination of requests shall in derogation together with the reasons for vided that satisfactory administrative particular take into account: 1. A Customs Cooperation Committee, here- the request in accordance with para- cooperation can be established. graph 2. inafter referred to as "the Committee", a) the level of development or the geo- shall be set up and charged with carry- 7. Without prejudice to paragraphs 1 to 6, The Community shall respond positive- graphical situation of the ACP State or ing out administrative cooperation with the derogation shall be granted where ly to all the ACP requests which are duly States concerned; a view to the correct and uniform appli- the value added to the non-originating justified in conformity with this Article cation of this Protocol and with carrying products used in the ACP State or and which cannot cause serious injury b) cases where the application of the out any other task in the customs field States concerned is at least 45% of the to an established Community industry. existing rules of origin would signifi- which may be entrusted to it. value of the finished product, provided cantly affect the ability of an existing that the derogation is not such as to 2. The Committee shall examine regularly 2. In order to facilitate the examination by industry in an ACP State to continue its cause serious injury to an economic the effect on the ACP States and in par- the Committee of requests for deroga- exports to the Community, with particu- sector of the Community or of one or ticular on the least developed ACP tion, the ACP State making the request lar reference to cases where this could more Member States. States of application of the rules of ori- shall, by means of the form given in lead to cessation of its activities; gin and shall recommend to the Council Annexe VIII to this Protocol, furnish in of Ministers appropriate measures. support of its request the fullest possible

60 | Partnership Agreement ACP-EC 2005 revised edition | 61 8. Notwithstanding paragraphs 1 to 7, c) In the periods referred to in subpara- derogations concerning canned tuna graphs (a) and (b), the Committee may TITLE VII and tuna loins shall only be granted review the terms for implementing the FINAL PROVISIONS within an annual quota of 8 000 tonnes derogation should a significant change for canned tuna and within an annual be found to have taken place in the sub- quota of 2 000 tonnes for tuna loins. stantive factors governing the decision to ARTICLE 40 grant the derogation. On conclusion of its Revision of rules of origin Applications for such derogations shall review the Committee may decide to be submitted by the ACP States in amend the terms of its decision as In accordance with Article 7 of ANNEXE V, accordance with the abovementioned regards the scope of derogation or any the Council of Ministers shall examine quota to the Committee, which shall other condition previously laid down. annually, or whenever the ACP States or the grant them automatically and put them Community so request, the application of into force by means of a decision. the provisions of this Protocol and their economic effects with a view to making any 9. The Committee shall take steps neces- TITLE VI necessary amendments or adaptations. sary to ensure that a decision is reached as quickly as possible and in CEUTA AND MELILLA The Council of Ministers shall take into any case not later than seventy-five account among other elements the effects working days after the request is on the rules of origin of technological received by the EC Co-chairman of the ARTICLE 39 developments. Committee. If the Community does not Special conditions inform the ACP States of its position on The decisions taken shall be implemented the request within this period, the 1. The term "Community" used in this as soon as possible. request shall be deemed to have been Protocol shall not cover Ceuta and accepted. In the event of a decision not Melilla. The term "products originating being taken by the Committee, the in the Community" shall not cover ARTICLE 41 Committee of Ambassadors shall be products originating in Ceuta and Annexes called upon to decide within one month Melilla. of the date on which the matter is The Annexes to this Protocol shall form an 2.The provisions of this Protocol shall referred to it. integral part thereof. apply mutatis mutandis in determining 10. whether products may be deemed as a)The derogation shall be valid for a period, originating in the ACP States when ARTICLE 42 generally of five years, to be determined imported into Ceuta and Melilla. Implementation of the Protocol by the Committee. 3.Where products wholly obtained in Ceuta, The Community and the ACP States shall Melilla, the OCT or the Community under- b) The derogation decision may provide each take the steps necessary to imple- go working and processing in the ACP for renewals without a new decision of ment this Protocol. the Committee being necessary, provid- States, they shall be considered as having ed that the ACP State or States con- been wholly obtained in the ACP States. cerned submit, three months before 4. Working or processing carried out in the end of each period, proof that they Ceuta, Melilla, the OCT or the Community are still unable to meet the conditions shall be considered as having been car- of this Protocol which have been dero- ried out in the ACP States, when mater- gated from. ials undergo further working or processing in the ACP States. If any objection is made to the extension, the Committee shall examine it as 5. For the purpose of implementing para- soon as possible and decide whether to graphs 3 and 4, the insufficient opera- prolong the derogation. The Committee tions listed in Article 5 shall not be con- shall proceed as provided for in para- sidered as working or processing. graph 9. All necessary measures shall be taken to avoid interruptions in the 6. Ceuta and Melilla shall be considered application of the derogation. as a single territory.

62 | Partnership Agreement ACP-EC 2005 revised edition | 63 columns 3 and 4, the exporter may opt, 3. Without prejudice to Note 3.2 where a Example: ANNEXE I as an alternative, to apply either the rule states that "materials of any head- In the case of an article of apparel of ex TO PROTOCOL 1 rule set out in column 3 or that set out ing" may be used, materials of the same Chapter 62 made from non-woven mater- in column 4. If no origin rule is given in heading as the product may also be ials, if the use of only non-originating Introductory notes column 4, the rule set out in column 3 used, subject, however, to any specific yarn is allowed for this class of article, it to the list has to be applied. limitations which may also be contained is not possible to start from non-woven in Annexe II in the rule. However, the expression cloth – even if non-woven cloths cannot "manufacture from materials of any normally be made from yarn. In such Note 3: heading, including other materials of cases, the starting material would nor- Note 1: 1.The provisions of Article 4 of the heading No ..." means that only mater- mally be at the stage before yarn – that Protocol concerning products having ials classified in the same heading as the is the fibre stage. The list sets out the conditions required acquired originating status which are product of a different description than for all products to be considered as suffi- used in the manufacture of other prod- that of the product as given in column 2 6. Where, in a rule in the list, two percent- ciently worked or processed within the ucts apply regardless of whether this of the list may be used. ages are given for the maximum value of meaning of Article 4 of the Protocol. status has been acquired inside the fac- non-originating materials that can be tory where these products are used or 4. When a rule in the list specifies that a used, then these percentages may not in another factory in the Community or Note 2: product may be manufactured from more be added together. In other words, the in the ACP States. than one material, this means that any 1. first two columns in the list describe maximum value of all the non-originating one or more materials may be used. It the product obtained. The first column Example: materials used may never exceed the does not require that all be used. gives the heading number or chapter An engine of heading No 8407, for which highest of the percentages given. number used in the Harmonized the rule states that the value of the non- Furthermore, the individual percent- Example: System and the second column gives originating materials which may be ages must not be exceeded in relation The rule for fabrics of heading Nos 5208 the description of goods used in that incorporated may not exceed 40 per cent to the particular materials they apply to. to 5212 provides that natural fibres may system for that heading or chapter. For of the ex-works price, is made from be used and that chemical materials, each entry in the first two columns a "other alloy steel roughly shaped by among other materials, may also be rule is specified in columns 3 or 4. forging" of heading No ex 7224. used. This does not mean that both Note 4: Where, in some cases, the entry in the 1. The term "natural fibres" is used in the If this forging has been forged in the have to be used; it is possible to use first column is preceded by an "ex", list to refer to fibres other than artificial Community from a non-originating ingot, it one or the other or both. this signifies that the rules in columns or synthetic fibres. It is restricted to the has already acquired originating status by 3 or 4 apply only to the part of that stages before spinning takes place, virtue of the rule for heading No ex 7224 in 5. Where a rule in the list specifies that a heading as described in column 2. including waste, and, unless otherwise the list. The forging can then count as ori- product must be manufactured from a specified, includes fibres that have ginating in the value calculation for the particular material, the condition obvi- 2. Where several heading numbers are been carded, combed or otherwise engine regardless of whether it was pro- ously does not prevent the use of other grouped together in column 1 or a chap- processed but not spun. duced in the same factory or in another materials which, because of their inher- ter number is given and the description factory in the Community. The value of the ent nature, cannot satisfy the rule. (See of products in column 2 is therefore non-originating ingot is thus not taken also Note 6.3 below in relation to tex- given in general terms, the adjacent 2. The term "natural fibres" includes into account when adding up the value of tiles). rules in columns 3 or 4 apply to all horsehair of heading No 0503, silk of the non-originating materials used. products which, under the Harmonized heading Nos 5002 and 5003 as well as Example: System, are classified in headings of the wool fibres, fine or coarse animal 2. The rule in the list represents the mini- The rule for prepared foods of heading the chapter or in any of the headings hair of heading Nos 5101 to 5105, the mum amount of working or processing No 1904 which specifically excludes the grouped together in column 1. cotton fibres of heading Nos 5201 to use of cereals and their derivatives required and the carrying out of more 5203 and the other vegetable fibres of working or processing also confers ori- does not prevent the use of mineral 3. Where there are different rules in the heading Nos 5301 to 5305. ginating status; conversely, the carrying salts, chemicals and other additives list applying to different products without of less working or processing cannot which are not products from cereals. in a heading, each indent contains the confer originating status. Thus if a rule 3. The terms "textile pulp", "chemical description of that part of the heading provides that non-originating material at However, this does not apply to products materials" and "paper-making mater- covered by the adjacent rules in a certain level of manufacture may be which, although they cannot be manu- ials" are used in the list to describe the columns 3 or 4. used, the use of such material at an ear- factured from the particular materials materials not classified in Chapters 50 to lier stage of manufacture is allowed and specified in the list, can be produced 63, which can be used to manufacture 4. Where, for an entry in the first two the use of such material at a later stage from a material of the same nature at an artificial, synthetic or paper fibres or columns, a rule is specified in both is not. earlier stage of manufacture. yarns.

64 | Partnership Agreement ACP-EC 2005 revised edition | 65 4. The term "man-made staple fibres" is - synthetic man-made staple fibres of Example: contain textiles do not have to satisfy used in the list to refer to synthetic or polyphenylene sulphide, Tufted textile fabric of heading No 5802 the conditions set out in column 3 even artificial filament tow, staple fibres or - synthetic man-made staple fibres of made from cotton yarn of heading though they fall outside the scope of waste, of heading Nos 5501 to 5507. polyvinyl chloride, No 5205 and cotton fabric of heading Note 3.5. - other synthetic man-made staple No 5210 is only a mixed product if the fibres, cotton fabric is itself a mixed fabric 3. In accordance with Note 3.5, any non- Note 5: - artificial man-made staple fibres of being made from yarns classified in two originating non-textile trimmings and 1. Where for a given product in the list a viscose, separate headings or if the cotton yarns accessories or other product, which do reference is made to this note, the con- - other artificial man-made staple used are themselves mixtures. not contain any textiles, may, anyway, ditions set out in column 3 shall not be fibres, be used freely where they cannot be applied to any basic textile materials, - yarn made of polyurethane segmented Example: made from the materials listed in col- used in the manufacture of this prod- with flexible segments of polyether If the tufted textile fabric concerned had umn 3. uct, which, taken together, represent whether or not gimped, been made from cotton yarn of heading - For example,(1) if a rule in the list says 10 per cent or less of the total weight of - yarn made of polyurethane segmented No 5205 and synthetic fabric of heading that for a particular textile item, such all the basic textile materials used. with flexible segments of polyester No 5407, then, obviously, the yarns as a blouse, yarn must be used, this (See also Notes 5.3 and 5.4 below). whether or not gimped, used are two separate basic textile - products of heading No 5605 (metal- materials and the tufted textile fabric is does not prevent the use of metal lized yarn) incorporating strip consist- accordingly a mixed product. items, such as buttons, because they 2. However, the tolerance mentioned in ing of a core of aluminium foil or of a cannot be made from textile materials. Note 5.1 may only be applied to mixed core of plastic film whether or not 3. In the case of products incorporating products which have been made from coated with aluminium powder, of a "yarn made of polyurethane segment- 4. Where a percentage rule applies, the two or more basic textile materials. width not exceeding 5 mm, sanded with flexible segments of polyether value of trimmings and accessories wiched by means of a transparent or whether or not gimped" this tolerance must be taken into account when calcu- The following are the basic textile coloured adhesive between two layers is 20% in respect of this yarn. lating the value of the non-originating materials incorporated. materials: of plastic film, - silk, - other products of heading No 5605. 4. In the case of products incorporating - wool, "strip consisting of a core of aluminium Note 7: Example: - coarse animal hair, foil or of a core of plastic film whether 1. For the purposes of heading Nos ex A yarn of heading No 5205 made from - fine animal hair, or not coated with aluminium powder, 2707, 2713 to 2715, ex 2901, ex 2902 cotton fibres of heading No 5203 and - horsehair, of a width not exceeding 5 mm, sand- and ex 3403, the "specific processes" synthetic staple fibres of heading - cotton, wiched by means of an adhesive are the following: No 5506 is a mixed yarn. Therefore, non- - paper-making materials and paper, between two layers of plastic film", this originating synthetic staple fibres that - flax, tolerance is 30% in respect of this strip. a) vacuum distillation; do not satisfy the origin rules (which - true hemp, require manufacture from chemical - jute and other textile bast fibres, b) redistillation by a very thorough frac- materials or textile pulp) may be used Note 6: - sisal and other textile fibres of the tionation process(2); up to a weight of 10% of the yarn. 1. In the case of those textile products, genus Agave, which are marked in the list by a foot- - coconut, abaca, ramie and other vege- Example: note referring to this Introductory Note, c) cracking; table textile fibres, A woollen fabric of heading No 5112 textile trimmings and accessories - synthetic man-made filaments, made from woollen yarn of heading No which do not satisfy the rule set out in d) reforming; - artificial man-made filaments, 5107 and synthetic yarn of staple fibres the list in column 3 for the made up - current conducting filaments of heading No 5509 is a mixed fabric. products concerned may be used pro- e) extraction by means of selective sol- - synthetic man-made staple fibres of Therefore synthetic yarn which does not vided that their weight does not exceed vents; polypropylene, satisfy the origin rules (which require 10% of the total weight of all the textile - synthetic man-made staple fibres of manufacture from chemical materials or materials incorporated. f) the process comprising all the following polyester, textile pulp) or woollen yarn that does operations: processing with concentrat- - synthetic man-made staple fibres of not satisfy the origin rules (which Textile trimmings and accessories are ed sulphuric acid, oleum or sulphuric polyamide, require manufacture from natural fibres, those classified in Chapters 50 to 63. anhydride; neutralization with alkaline - synthetic man-made staple fibres of not carded or combed or otherwise pre- Linings and interlinings are not be agents; decolorization and purification polyacrylonitrile, pared for spinning) or a combination of regarded as trimmings or accessories. with naturally active earth, activated - synthetic man-made staple fibres of the two may be used provided their total earth, activated charcoal or bauxite; polyimide, synthetic man-made staple weight does not exceed 10% of the 2. Any non-textile trimmings and acces- fibres of polytetrafluoroethylene, weight of the fabric. sories or other materials used which g) polymerization;

66 | Partnership Agreement ACP-EC 2005 revised edition | 67 lubricating oils of heading No ex 2710 h) alkylation; (e.g. hydrofinishing or decolorization) ANNEXE II in order, more especially, to improve TO PROTOCOL 1 i) isomerization. colour or stability shall not, however, be deemed to be a specific process; List of working or processing 2. For the purposes of heading Nos 2710, required to be carried out 2711 and 2712, the "specific processes" m) in respect of fuel oils falling within on non-originating materials are the following: heading No ex 2710 only, atmospheric distillation, on condition that less than in order that the product a) vacuum distillation; 30 per cent of these products distils, by manufactured can obtain volume, including losses, at 300°C by originating status b) redistillation by a very thorough fraction- the ASTM D 86 method; ation process(1); The products mentioned in the list may n) in respect of heavy oils other than gas c) cracking; not all be covered by this Agreement. It is oils and fuel oils falling within heading therefore necessary to consult the other No ex 2710 only, treatment by means of d) reforming; parts of this Agreement. a high-frequency electrical brush-dis- charge. e) extraction by means of selective solvents; 3. For the purposes of heading Nos ex f) the process comprising all the following 2707, 2713 to 2715, ex 2901, ex 2902 operations: processing with concentrat- and ex 3403, simple operations such as ed sulphuric acid, oleum or sulphuric cleaning, decanting, desalting, water anhydride; neutralization with alkaline separation, filtering, colouring, mark- agents; decolorization and purification ing, obtaining a sulphur content as a with naturally active earth, activated result of mixing products with different earth, activated charcoal or bauxite; sulphur contents, any combination of these operations or like operations do g) polymerization; not confer origin. h) alkylation; i) isomerization; j) in respect of heavy oils falling within heading No ex 2710 only, desulphurization with hydrogen resulting in a reduction of at least 85% of the sulphur content of the products processed (ASTM D 1266-59 T method); k) in respect of products falling within heading No 2710 only, deparaffining by a process other than filtering;

l) in respect of heavy oils falling within heading No ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250 °C with the use of a catalyst, other than to effect desulphurization, (1) This example is given for the purpose of explanation when the hydrogen constitutes an only. It is not legally binding. active element in a chemical reaction. (2) See additional Explanatory Note 4(b) to Chapter 27 The further treatment with hydrogen of of the Combined Nomenclature.

68 | Partnership Agreement ACP-EC 2005 revised edition | 69 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

Chapter 01 Live animals All the animals of Chapter 1 used must be wholly Chapter 10 Cereals Manufacture in which all the materials of obtained Chapter 10 used must be wholly obtained

Chapter 02 Meat and edible meat offal Manufacture in which all the materials of ex Chapter 11 Products of the milling industry; malt; Manufacture in which all the cereals, edible Chapters 1 and 2 used must be wholly obtained starches; inulin; wheat gluten; except vegetables, roots and tubers of heading No 0714 for: or fruit used must be wholly obtained Fish and crustaceans, molluscs and Manufacture in which all the materials of Chapter 3 Chapter 03 other aquatic invertebrates used must be wholly obtained ex 1106 Flour, meal and powder of the dried, Drying and milling of leguminous vegetables of shelled leguminous vegetables of heading No 0708 ex Chapter 04 Dairy produce; birds’ eggs; natural Manufacture in which all the materials of Chapter 4 heading No 0713 honey; edible products of animal used must be wholly obtained origin, not elsewhere specified or Chapter 12 Oil seeds and oleaginous fruits; Manufacture in which all the materials of included; except for: miscellaneous grains, seeds and fruit; Chapter 12 used must be wholly obtained industrial or medicinal plants; straw 0403 Buttermilk, curdled milk and cream, Manufacture in which: and fodder yoghurt, kephir and other fermented - all the materials of Chapter 4 used must be wholly or acidified milk and cream, whether obtained; 1301 Lac; natural gums, resins, gum-resins Manufacture in which the value of any materials of or not concentrated or containing - any fruit juice (except those of pineapple, lime or and oleoresins (for example, balsams) heading No 1301 used may not exceed 50% of the added sugar or other sweetening grapefruit) of heading No 2009 used must already ex-works price of the product matter or be originating; flavored or containing added fruit, - the value of any materials of Chapter 17 used 1302 Vegetable saps and extracts; pectic nuts or cocoa does not exceed 30% of the ex-works price of the substances, pectinates and pectates; product agar-agar and other mucilages and thickeners, whether or not modified, ex Chapter 05 Products of animal origin, not Manufacture in which all the materials of Chapter 5 derived from vegetable products: elsewhere specified or included; used must be wholly obtained except for: - Mucilages and thickeners, modified, Manufacture from non-modified mucilages and derived from vegetable products thickeners ex 0502 Prepared pigs’, hogs’ or boars’ bristles Cleaning, disinfecting, sorting and straightening of and hair bristles and hair - Other Manufacture in which the value of all the materials used does not exceed 50% of the ex-works price of Chapter 06 Live trees and other plants; bulbs, Manufacture in which: the product roots and the like; cut flowers and - all the materials of Chapter 6 used must be wholly ornamental foliage obtained; Chapter 14 Vegetable plaiting materials; Manufacture in which all the materials of - the value of all the materials used does not vegetable products not elsewhere Chapter 14 used must be wholly obtained exceed 50% of the ex-works price of the product specified or included

Chapter 07 Edible vegetables and Manufacture in which all the materials of Chapter 7 ex Chapter 15 Animal or vegetable fats and oils and Manufacture in which all the materials used are certain roots and tubers used must be wholly obtained their cleavage products; prepared classified within a heading other than that of the edible fats; animals or vegetable product Chapter 08 Edible fruit and nuts; peel of citrus Manufacture in which: waxes; except for: fruits or melons - all the fruit and nuts used must be wholly obtained; 1501 Pig fat (including lard) and poultry fat, - the value of any materials of Chapter 17 used other than that of heading No 0209 or does not exceed 30% of the value of the ex-works 1503: price of the product - Fats from bones or waste Manufacture from materials of any heading except ex Chapter 09 Coffee, tea, maté and spices; except Manufacture in which all the materials of Chapter 9 those of heading Nos 0203, 0206 or 0207 or bones for: used must be wholly obtained of heading No 0506

0901 Coffee, whether or not roasted or Manufacture from materials of any heading - Other Manufacture from meat or edible offal of swine decaffeinated; coffee husks and skins; of heading No 0203 or 0206 or of meat and edible coffee substitutes containing coffee in offal of poultry of heading any proportion No 0207

0902 Tea, whether or not flavoured Manufacture from materials of any heading 1502 Fats of bovine animals, sheep or goats, other than those of heading ex 0910 Mixtures of spices Manufacture from materials of any heading No 1503

70 | Partnership Agreement ACP-CE 2005 revised edition | 71 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

- Fats from bones or waste Manufacture from materials of any heading except 1517 Margarine; edible mixtures or Manufacture in which: those of heading Nos 0201, 0202, 0204 preparations of animal or vegetable - all the materials of Chapters 2 and 4 used must be or 0206 or bones of heading No 0506 fats or oils or of fractions of different wholly obtained; fats or oils of this Chapter, other than - all the vegetable materials used must be wholly - Other Manufacture in which all the materials of Chapter 2 edible fats or oils or their fractions of obtained. However, materials of headings 1507, used must be wholly obtained heading No 1516 1508, 1511 and 1513 may be used

Fats and oils and their fractions, of Chapter 16 Preparations of meat, of fish or of Manufacture from animals of Chapter 1. 1504 fish or marine mammals, whether or crustaceans, mollusks or other All the materials of Chapter 3 used must be wholly not refined, but not chemically aquatic invertebrates obtained modified: ex Chapter 17 Sugars and sugar confectionery; Manufacture in which all the materials used are - Solid fractions Manufacture from materials of any heading except for: classified within a heading other than that of the including other materials of heading No 1504 product

- Other Manufacture in which all the materials of ex 1701 Cane or beet sugar and chemically Manufacture in which the value of any materials Chapters 2 and 3 used must be wholly obtained pure sucrose, in solid form, flavoured of Chapter 17 used does not exceed 30% of the or coloured ex-works price of the product Refined lanolin Manufacture from crude wool grease of heading ex 1505 No 1505 1702 Other sugars, including chemically Other animals fats and oils and their pure lactose, maltose, glucose and 1506 fractions, whether or not refined, but fructose, in solid form; sugar syrups not chemically modified: not containing added flavouring or colouring matter; artificial honey, - Solid fractions Manufacture from materials of any heading whether or not mixed with natural including other materials of heading No 1506 honey; caramel:

- Other Manufacture in which all the materials of Chapter 2 - Chemically pure maltose and Manufacture from materials of any heading used must be wholly obtained fructose including other materials of heading No 1702

Vegetable oils and their fractions: - Other sugars in solid form, flavoured Manufacture in which the value of any materials 1507 to 1515 or coloured of Chapter 17 used does not exceed 30% of the - Soya, ground nut, palm, copra, palm Manufacture in which all the materials used are ex-works price of the product kernel, babassu, tung and oiticica classified within a heading other than that of the oil, myrtle wax and Japan wax, product - Other Manufacture in which all the materials used must fractions of jojoba oil and oils for already be originating technical or industrial uses other than the manufacture of foodstuffs ex 1703 Molasses resulting from the extraction Manufacture in which the value of any materials for human consumption or refining of sugar, flavoured or of Chapter 17 used does not exceed 30% of the coloured ex-works price of the product - Solid fractions, except for that of Manufacture from other materials of heading jojoba oil Nos. 1507 to 1515 1704 Sugar confectionery (including white Manufacture in which: chocolate), not containing cocoa - all the materials used are classified within - Other Manufacture in which all the vegetable materials a heading other than that of the product; used must be wholly obtained - the value of any materials of Chapter 17 used does not exceed 30% of the ex-works price of Animal or vegetable fats and oils Manufacture in which: the product 1516 and their fractions, partly or wholly - all the materials of Chapter 2 used must be wholly hydrogenated, inter-esterified, obtained; Chapter 18 Cocoa and cocoa preparations Manufacture in which: re-esterified or elaidinized, - all the vegetable materials used must be wholly - all the materials used reclassified within a whether or not refined, obtained. However, materials of headings 1507, heading other than that of the product; but not further prepared 1508, 1511 and 1513 may be used - the value of any materials of Chapter 17 used does not exceed 30% of the ex-works price of the product

72 | Partnership Agreement ACP-CE 2005 revised edition | 73 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

1901 Malt extract; food preparations of 1905 Bread, pastry, cakes, biscuits and Manufacture from materials of any heading except flour, meal, starch or malt extract, not other bakers’ wares, whether or not those of Chapter 11 containing cocoa or containing less containing cocoa; communion wafers, than 40% by weight of cocoa empty cachets of a kind suitable for calculated on a totally defatted basis, pharmaceutical use, sealing wafers, not elsewhere specified or included; rice paper and similar products food preparations of goods of heading Nos. 0401 to 0404, not containing ex Chapter 20 Preparations of vegetables, fruit, nuts Manufacture in which all the fruit, nuts or cocoa or containing less than 5% by or other parts of plants; except for: vegetables used must be wholly obtained weight of cocoa calculated on a totally defatted basis, not elsewhere ex 2001 Yams, sweet potatoes and similar Manufacture in which all the materials used are specified or included: edible parts of plants containing 5% classified within a heading other than that of the or more by weight of starch, prepared product - Malt extract Manufacture from cereals of Chapter 10 or preserved by vinegar or acetic acid

- Other Manufacture in which: ex 2004 and Potatoes in the form of flour, meal or Manufacture in which all the materials used are - all the materials used are classified within a heading ex 2005 flakes, prepared or preserved classified within a heading other than that of the other than that of the product; otherwise than by vinegar or acetic product - the value of any materials of Chapter 17 used does acid not exceed 30% of the ex-works price of the product 2006 Vegetables, fruit, nuts, fruit-peel and Manufacture in which the value of any materials other parts of plants, preserved by of Chapter 17 used does not exceed 30% of the sugar (drained, glacé or crystallized) ex-works price of the product

1902 Pasta, whether or not cooked or 2007 Jams, fruit jellies, marma-lades, fruit Manufacture in which: stuffed (with meat or other or nut purée and fruit or nut pastes, - all the materials used are classified within a substances) or otherwise prepared, being cooked preparations, whether heading other than that of the product; such as spaghetti, macaroni, noodles, or not containing added sugar or - the value of any materials of Chapter 17 used lasagne, gnocchi, ravioli, cannelloni; other sweetening matter does not exceed 30% of the ex-works price of couscous, whether or not prepared: the product

- Containing 20% or less by weight of Manufacture in which all the cereals and derivatives ex 2008 - Nuts, not containing added sugar or Manufacture in which the value of the originating meat, meat offal, fish, crustaceans or (except durum wheat and its derivatives) used must spirit nuts and oil seeds of heading Nos 0801, 0802 and molluscs be wholly obtained 1202 to 1207 used exceeds 60% of the ex-works price of the product - Containing more than 20% by weight Manufacture in which: of meat, meat offal, fish, crustaceans - all cereals and derivatives (except durum wheat - Peanut butter; mixtures based on Manufacture in which all the materials used are or molluscs and its derivatives) used must be wholly obtained; cereals; palm hearts; maize (corn) classified within a heading other than that of the - all the materials of Chapters 2 and 3 used must be product wholly obtained - Other except for fruit and nuts Manufacture in which: 1903 Tapioca and substitutes therefor Manufacture from materials of any heading except cooked otherwise than by steaming - all the materials used are classified within a prepared from starch, in the form of potato starch of heading No 1108 or boiling in water, not containing heading other than that of the product; flakes, grains, pearls, siftings or in added sugar, frozen - the value of any materials of Chapter 17 used similar forms does not exceed 30% of the ex-works price of the product 1904 Prepared foods obtained by the Manufacture: swelling or roasting of cereals or - from materials not classified within heading No 2009 Fruit juices (including grape must) and Manufacture in which: cereal products (for example, corn 1806; vegetable juices, unfermented and not - all the materials used are classified within a flakes); cereals (other than maize - in which all the cereals and flour (except durum containing added spirit, whether or heading other than that of the product; (corn)) in grain form or in the form of wheat and its derivates and Zea indurata maize) not containing added sugar or other - the value of any materials of Chapter 17 used flakes or other worked grains (except used must be wholly obtained (1); sweetening matter does not exceed 30% of the ex-works price of flour and meal), pre-cooked, or - in which the value of any materials of Chapter 17 the product otherwise prepared, not elsewhere used does not exceed 30% of the ex-works price specified or included of the product ex Chapter 21 Miscellaneous edible preparations; Manufacture in which all the materials used are except for: classified within a heading other than that of the product

(1) The exception concerning the Zea indurata maize is applicable until 31.12.2002. 74 | Partnership Agreement ACP-CE 2005 revised edition | 75 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

2101 Extracts, essences and concentrates, Manufacture in which: 2208 Undenatured ethyl alcohol of an Manufacture: of coffee, tea or maté and - all the materials used are classified within a heading alcoholic strength by volume of less - from materials not classified within heading preparations with a basis of these other than that of the product; than 80% vol; spirits, liqueurs and Nos 2207 or 2208, products or with a basis of coffee, tea - all the chicory used must be wholly obtained other spirituous beverages - in which all the grapes or any material derived or maté; roasted chicory and other from grapes used must be wholly obtained or if all roasted coffee substitutes, and the other materials used are already originating, extracts, essences and concentrates arrack may be used up to a limit of 5% by volume thereof ex Chapter 23 Residues and waste from the food Manufacture in which all the materials used are 2103 Sauces and preparations therefor; industries; prepared animal fodder; classified within a heading other than that of the mixed condiments and mixed except for: product seasonings; mustard flour and meal and prepared mustard: ex 2301 Whale meal; flours, meals and pellets Manufacture in which all the materials of of fish or of crustaceans, molluscs or Chapters 2 and 3 used must be wholly obtained - Sauces and preparations therefor; Manufacture in which all the materials used are other aquatic invertebrates, unfit for mixed condiments and mixed classified within a heading other than that of the human consumption seasonings product. However, mustard flour or meal or prepared mustard may be used ex 2303 Residues from the manufacture Manufacture in which all the maize used must be of starch from maize (excluding wholly obtained - Mustard flour and meal and Manufacture from materials of any heading concentrated steeping liquors), prepared mustard of protein content, calculated on the dry product, exceeding 40% by weight ex 2104 Soups and broths and preparations Manufacture from materials of any heading except therefor prepared or preserved vegetables of heading ex 2306 Oil cake and other solid residues Manufacture in which all the olives used must be Nos 2002 to 2005 resulting from the extraction of wholly obtained olive oil, containing more than 3% 2106 Food preparations not else-where Manufacture in which: of olive oil specified or included - all the materials used reclassified within a heading other than that of the product; 2309 Preparations of a kind used in animal Manufacture in which: - the value of any materials of Chapter 17 used does feeding - all the cereals, sugar or molasses, meat or milk not exceed 30% of the ex-works price of the used must already be originating; product - all the materials of Chapter 3 used must be wholly obtained ex Chapter 22 Beverages, spirits and vinegar; Manufacture in which: except for: - all the materials used are classified within a heading ex Chapter 24 Tobacco and manufactured tobacco Manufacture in which all the materials of other than that of the product; substitutes; except for: Chapter 24 used must be wholly obtained - all the grapes or any material derived from grapes used must be wholly obtained 2402 Cigars, cheroots, cigarillos and Manufacture in which at least 70% by weight of the cigarettes, of tobacco or of tobacco unmanufactured tobacco or tobacco refuse of 2202 Waters, including mineral waters and Manufacture in which: substitutes heading No 2401 used must already be originating aerated waters, containing added - all the materials used are classified within a heading sugar or other sweetening matter or other than that of the product; ex 2403 Smoking tobacco Manufacture in which at least 70% by weight of the flavoured, and other non-alcoholic - the value of any materials of Chapter 17 used does unmanufactured tobacco or tobacco refuse of beverages, not including fruit or not exceed 30% of the ex-works price of the heading No 2401 used must already be originating vegetable juices of heading No 2009 product; - any fruit juice used (except for pineapple, lime ex Chapter 25 Salt; sulphur; earths and stone; Manufacture in which all the materials used are and grapefruit juices) must already be originating plastering materials, lime and cement; classified within a heading other than that of the except for: product 2207 Undenatured ethyl alcohol of an Manufacture: alcoholic strength by volume of 80% - using materials not classified in headings 2207 ex 2504 Natural crystalline graphite, with Enriching of the carbon content, purifying and vol or higher; ethyl alcohol and other or 2208, enriched carbon content, purified and grinding of crude crystalline graphite spirits, denatured, of any strength. - in which all the grapes or any materials derived ground from grapes used must be wholly obtained or if all the other materials used are already originating, ex 2515 Marble, merely cut, by sawing or Cutting, by sawing or otherwise, of marble (even if arrack may be used up to a limit of 5% by volume otherwise, into blocks or slabs of a already sawn) of a thickness exceeding 25 cm rectangular (including square) shape, of a thickness not exceeding 25 cm

76 | Partnership Agreement ACP-CE 2005 revised edition | 77 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4) ex 2516 Granite, porphyry, basalt, sandstone Cutting, by sawing or otherwise, of stone (even 2711 Petroleum gases and other gaseous Operations of refining and/or one or more specific and other monumental and building if already sawn) of a thickness exceeding 25 cm hydrocarbons process(es)(1) stone, merely cut, by sawing or or otherwise, into blocks or slabs of a Other operations in which all the materials used rectangular (including square) shape, are classified within a heading other than that of of a thickness not exceeding 25 cm the product. However, materials classified within the same heading may be used provided their ex 2518 Calcined dolomite Calcinations of dolomite not calcined value does not exceed 50% of the ex-works price of the product ex 2519 Crushed natural magnesium Manufacture in which all the materials used are carbonate (magnesite), in classified within a heading other than that of the 2712 Petroleum jelly; paraffin wax, Operations of refining and/or one or more specific hermetically-sealed containers, and product. However, natural magnesium carbonate microcrystalline petroleum wax, slack process(es)(1) magnesium oxide, whether or not (magnesite) may be used wax, ozokerite, lignite wax, peat wax, or pure, other than fused magnesia or other mineral waxes and similar Other operations in which all the materials used dead-burned (sintered) magnesia products obtained by synthesis or by are classified within a heading other than that of other processes, whether or not the product. However, materials classified within ex 2520 Plasters specially prepared for Manufacture in which the value of all the materials coloured the same heading may be used provided their dentistry used does not exceed 50% of the ex-works price of value does not exceed 50% of the ex-works price the product of the product ex 2524 Natural asbestos fibers Manufacture from asbestos concentrate 2713 Petroleum coke, petroleum bitumen Operations of refining and/or one or more specific and other residues of petroleum oils process(es)(2) ex 2525 Mica powder Grinding of mica or mica waste or of oils obtained from bituminous or materials Other operations in which all the materials used ex 2530 Earth colours, calcined or powdered Calcinations or grinding of earth colours are classified within a heading other than that of the product. However, materials classified within Chapter 26 Ores, slag and ash Manufacture in which all the materials used are the same heading may be used provided their classified within a heading other than that of the value does not exceed 50% of the ex-works price product of the product 2714 Bitumen and asphalt, natural; Operations of refining and/or one or more specific ex Chapter 27 Mineral fuels, mineral oils and Manufacture in which all the materials used are bituminous or oil shale and tar sands; process(es)(2) products of their distillation; classified within a heading other than that of the asphaltites and asphalt crocks or bituminous substances; mineral product Other operations in which all the materials used waxes; except for: are classified within a heading other than that of the product. However, materials classified within ex 2707 Oils in which the weight of the Operations of refining and/or one or more specific the same heading may be used provided their aromatic constituents exceeds that of process(es)(1) value does not exceed 50% of the ex-works price the non-aromatic constituents, being or of the product oils similar to mineral oils obtained by Other operations in which all the materials used distillation of high temperature coal reclassified within a heading other than that of the 2715 Bituminous mixtures based on natural Operations of refining and/or one or more specific tar, of which more than 65% by product. However, materials classified within the asphalt, on natural bitumen, on process(es)(2) volume distils at a temperature of up same heading may be used provided their value petroleum bitumen, on mineral tar or or to 250 °C (including mixtures of does not exceed 50% of the ex-works price of the on mineral tar pitch (for example, Other operations in which all the materials used petroleum spirit and benzole), for use product bituminous mastics, cut-backs) are classified within a heading other than that of as power or heating fuels the product. However, materials classified within the same heading may be used provided their ex 2709 Crude oils obtained from bituminous Destructive distillation of bituminous materials value does not exceed 50% of the ex-works price minerals of the product

2710 Petroleum oils and oils obtained from Operations of refining and/or one or more specific ex Chapter 28 Inorganic chemicals; organic or Manufacture in which all the materials used are bituminous materials, other than process(es)(2) inorganic compounds of precious classified within a heading other than that of the crude; preparations not elsewhere or metals, of rare-earth metals, of product. However, materials classified within the specified or included, containing by Other operations in which all the materials used are radioactive elements or of isotopes; same heading may be used provided their value does weight 70% or more of petroleum oils classified within a heading other than that of the except for: not exceed 20% of the ex-works price of the product or of oils obtained from bituminous product. However, materials classified within the Manufacture in which the value of all the materials materials, these oils being the basic same heading may be used provided their value does used does not exceed 40% of the ex-works price of constituents of the preparations not exceed 50% of the ex-works price of the product the product

(1) For the special conditions relating to "specific processes" see Introductory Notes 7.1 and 7.3 (1) For the special conditions relating to "specific processes" see Introductory Note 7.2 (2) For the special conditions relating to "specific processes" see Introductory Note 7.2 (2) For the special conditions relating to "specific processes" see Introductory Notes 7.1 and 7.3 78 | Partnership Agreement ACP-CE 2005 revised edition | 79 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4) ex 2805 "Mischmetall" Manufacture by electrolytic or thermal treatment in 2915 Saturated acyclic monocarboxylic Manufacture from materials of any heading. However, which the value of all the materials used does not acids and their anhydrides, halides, the value of all the materials of headings Nos 2915 exceed 50% of the ex-works price of the product peroxides and peroxyacids; their and 2916 used may not exceed 20% of the ex-works halogenated, sulphonated, nitrated or price of the product ex 2811 Sulphur trioxide Manufacture from sulphur dioxide nitrosated derivatives Manufacture in which the value of all the materials Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of used does not exceed 40% of the ex-works price of the product the product ex 2932 - Internal ethers and their Manufacture from materials of any heading. ex 2833 Aluminium sulphate Manufacture in which the value of all the materials halogenated, sulphonated, nitrated However, the value of all the materials of heading used does not exceed 50% of the ex-works price of or nitrosated deri-vatives No 2909 used may not exceed 20% of the ex-works the product price of the product Manufacture in which the value of all the materials ex 2840 Sodium perborate Manufacture from disodium tetraborate used does not exceed 40% of the ex-works price of pentahydrate the product Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of - Cyclic acetals and internal Manufacture from materials of any heading the product hemiacetals and their halogenated, Manufacture in which the value of all the materials sulphonated, nitrated ornitrosated used does not exceed 40% of the ex-works price of ex Chapter 29 Organic chemicals; except for: Manufacture in which all the materials used are derivatives the product classified within a heading other than that of the product. However, materials classified within the 2933 Heterocyclic compounds with nitrogen Manufacture from materials of any heading. However, same heading may be used provided their value hetero-atom(s) only the value of all the materials of headings Nos 2932 does not exceed 20% of the ex-works price of the and 2933 used may not exceed 20% of the ex-works product price of the product Manufacture in which the value of all the materials Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of used does not exceed 40% of the ex-works price of the product the product ex 2901 Acyclic hydrocarbons for use as power Operations of refining and/or one or more specific 2934 Nucleic acids and their salts; other Manufacture from materials of any heading. or heating fuels process(es)(1) heterocyclic compounds However, the value of all the materials of headings or Nos 2932, 2933 and 2934 used may not exceed Other operations in which althea materials used are 20% of the ex-works price of the product classified within a heading other than that of the Manufacture in which the value of all the materials product. However, materials classified within the used does not exceed 40% of the ex-works price of same heading may be used provided their value the product does not exceed 50% of the ex-works price of the product ex Chapter 30 Pharmaceutical products; except for: Manufacture in which all the materials used are classified within a heading other than that of the ex 2902 Cyclanes and cyclenes (other than Operations of refining and/or one or more specific product. However, materials classified within the azulenes), benzene, toluene, xylenes, process(es)(1) same heading may be used provided their value for use as power or heating fuels or does not exceed 20% of the ex-works price of the Other operations in which all the materials used are product classified within a heading other than that of the product. 3002 Human blood; animal blood prepared However, materials classified within the same for therapeutic, prophylactic or heading may be used, provided their value does not diagnostic uses; antisera and other exceed 50% of the ex-works price of the product blood fractions and modified immunological products, whether or ex 2905 Metal alcoholates of alcohols of this Manufacture from materials of any heading, not obtained by means of heading and of ethanol including other materials of heading No 2905. biotechnological processes; vaccines, However, metal alcoholates of this heading may be toxins, cultures of micro-organisms used, provided their value does not exceed 20% of (excluding yeasts) and similar the ex-works price of the product products: Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of the product

(1) For the special conditions relating to "specific processes" see Introductory Notes 7.1 and 7.3 80 | Partnership Agreement ACP-CE 2005 revised edition | 81 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

- Products consisting of two or more Manufacture from materials of any heading, ex Chapter 31 Fertilizers; except for: Manufacture in which all the materials used are constituents which have been mixed including other materials of heading No 3002. classified within a heading other than that of the together for therapeutic or The materials of this description may also be used, product. However, materials classified within the prophylactic uses or unmixed provided their value does not exceed 20% of the same heading may be used provided their value products for these uses, put up in ex-works price of the product does not exceed 20% of the ex-works price of the measured doses or informs or product packings for retail sale Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of - Other: the product - human blood Manufacture from materials of any heading, including other materials of heading No 3002. ex 3105 Mineral or chemical fertilizers Manufacture in which: The materials of this description may also be used, containing two or three of the - all the materials used are classified within a provided their value does not exceed 20% of the fertilizing elements nitrogen, heading other than that of the product. However, ex-works price of the product phosphorous and potassium; other materials classified within the same heading may fertilizers; goods of this Chapter, in be used provided their value does not exceed - animal blood prepared for Manufacture from materials of any heading, tablets or similar forms or in packages 20% of the ex-works price of the product; therapeutic or prophylactic uses including other materials of heading No 3002. of a gross weight not exceeding 10 kg, - the value of all the materials used does not The materials of this description may also be used, except for: exceed 50% of the ex-works price of the product provided their value does not exceed 20% of the - sodium nitrate Manufacture in which the value of all the materials ex-works price of the product - calcium cyanamide used does not exceed 40% of the ex-works price of - potassium sulphate the product - blood fractions other than Manufacture from materials of any heading, - magnesium potassium sulphate antisera, haemoglobin, blood including other materials of heading No 3002. globulins and serum globulins The materials of this description may also be used, ex Chapter 32 Tanning or dyeing extracts; tannins Manufacture in which all the materials used are provided their value does not exceed 20% of the and their derivatives; dyes, pigments classified within a heading other than that of the ex-works price of the product and other colouring matter; paints product. However, materials classified within the and varnishes; putty and other same heading may be used provided their value - haemoglobin, blood globulins and Manufacture from materials of any heading, mastics; inks; except for: does not exceed 20% of the ex-works price of the serum globulins including other materials of heading No 3002. product The materials of this description may also be used, Manufacture in which the value of all the materials provided their value does not exceed 20% of the used does not exceed 40% of the ex-works price of ex-works price of the product the product

- other Manufacture from materials of any heading, ex 3201 Tannins and their salts, ethers, esters Manufacture from tanning extracts of vegetable including other materials of heading No 3002. and other derivatives origin The materials of this description may also be used, Manufacture in which the value of all the materials provided their value does not exceed 20% of the used does not exceed 40% of the ex-works price of ex-works price of the product the product

3003 and 3004 Medicaments (excluding goods of 3205 Colour lakes; preparations as Manufacture from materials of any heading, except heading No 3002, 3005 or 3006): specified in Note 3 to this Chapter headings Nos 3203, 3204 and 3205. However, based on colour lakes(1) materials from heading No 3205 may be used - Obtained from amikacin of heading Manufacture in which all the materials used are provided their value does not exceed 20% of the No 2941 classified within a heading other than that of the ex-works price of the product product. However, materials of heading No 3003 Manufacture in which the value of all the materials or 3004 may be used provided their value, taken used does not exceed 40% of the ex-works price of together, does not exceed 20% of the ex-works the product price of the product ex Chapter 33 Essential oils and resinoids; Manufacture in which all the materials used are - Other Manufacture in which: perfumery, cosmetic or toilet classified within a heading other than that of the - all the materials used are classified within a preparations; except for: product. However, materials classified within the heading other than that of the product. However, same heading may be used provided their value does materials of heading No 3003 or 3004 may be not exceed 20% of the ex-works price of the product used provided their value, taken together, does Manufacture in which the value of all the materials not exceed 20% of the ex-works price of the used does not exceed 40% of the ex-works price of product; the product - the value of all the materials used does not exceed 50% of the ex-works price of the product (1) Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacturing of colouring preparations, provided they are not classified in another heading in Chapter 32. 82 | Partnership Agreement ACP-CE 2005 revised edition | 83 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

3301 Essential oils (terpeneless or not), Manufacture from materials of any heading, ex Chapter 35 Albuminoidal substances; modified Manufacture in which all the materials used are including concretes and absolutes; including materials of a different “group”(1) in this starches; glues; enzymes; except for: classified within a heading other than that of the resinoids; extracted oleoresins; heading. However, materials of the same group may product. However, materials classified within the concentrates of essential oils in fats, be used, provided their value does not exceed 20% same heading may be used provided their value infixed oils, in waxes or the like, of the ex-works price of the product does not exceed 20% of the ex-works price of the obtained by enfleurage or maceration; Manufacture in which the value of all the materials product terpenic by-products of the used does not exceed 40% of the ex-works price of Manufacture in which the value of all the materials deterpenation of essential oils; the product used does not exceed 40% of the ex-works price of aqueous distillates and aqueous the product solutions of essential oils 3505 Dextrins and other modified starches ex Chapter 34 Soap, organic surface-active agents, Manufacture in which all the materials used are (for example, pregelatinised or washing preparations, lubricating classified within a heading other than that of the esterified starches); glues based on preparations, artificial waxes, product. starches, or on dextrins or other prepared waxes, polishing or However, materials classified within the same modified starches: scouringpreparations, candles and heading may be used provided their value does not similar articles, modeling pastes, exceed 20% of the ex-works price of the product - Starch ethers and esters Manufacture from materials of any heading, “dental waxes” and dental Manufacture in which the value of all the materials including other materials of heading No 3505 preparations with a basis of plaster; used does not exceed 40% of the ex-works price of Manufacture in which the value of all the materials except for: the product used does not exceed 40% of the ex-works price of the product ex 3403 Lubricating preparations containing Operations of refining and/or one or more specific petroleum oils or oils obtained from process(es)(2) - Other Manufacture from materials of any heading, except bituminous minerals, provided they or those of heading No 1108 represent less than 70% by weight Other operations in which all the materials used are Manufacture in which the value of all the materials classified within a heading other than that of the used does not exceed 40% of the ex-works price of product. the product However, materials classified within the same heading may be used provided their value does not ex 3507 Prepared enzymes not elsewhere Manufacture in which the value of all the materials exceed 50% of the ex-works price of the product specified or included used does not exceed 50% of the ex-works price of the product 3404 Artificial waxes and prepared waxes: Chapter 36 Explosives; pyrotechnic products; Manufacture in which all the materials used are - With a basis of paraffin, petroleum Manufacture in which all the materials used are matches; pyrophoric alloys; certain classified within a heading other than that of the waxes, waxes obtained from classified within a heading other than that of the combustible preparations product. However, materials classified within the bituminous minerals, slack wax or product. However, materials classified within the same heading may be used provided their value scale wax same heading may be used provided their value does not exceed 20% of the ex-works price of the does not exceed 50% of the ex-works price of the product product Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of - Other Manufacture from materials of any heading, except: the product - hydrogenated oils having the character of waxes of heading No 1516; ex Chapter 37 Photographic or cinematographic Manufacture in which all the materials used are - fatty acids not chemically defined or industrial fatty goods; except for: classified within a heading other than that of the alcohols having the character of waxes of heading product. However, materials classified within the No 3823; same heading may be used provided their value - materials of heading No 3404 does not exceed 20% of the ex-works price of the However, these materials may be used provided product their value does not exceed 20% of the ex-works Manufacture in which the value of all the materials price of the product used does not exceed 40% of the ex-works price of Manufacture in which the value of all the materials the product used does not exceed 40% of the ex-works price of the product 3701 Photographic plates and film in the flat, sensitized, unexposed, of any material other than paper, paperboard or textiles; instant print film in the flat, sensitized, unexposed, whether or not in packs: (1) A "group" is regarded as any part of the heading separated from the rest by a semi-colon. (2) For the special conditions relating to "specific processes" see Introductory Notes 7.1 and 7.3. 84 | Partnership Agreement ACP-CE 2005 revised edition | 85 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

- Instant print film for colour Manufacture in which all the materials used are ex 3805 Spirits of sulphate turpentine, purified Purification by distillation or refining of raw spirits photography, in packs classified within a heading other than heading of sulphate turpentine Nos 3701 or 3702. Manufacture in which the value of all the materials However, materials from heading No 3702 may be used does not exceed 40% of the ex-works price of used provided their value does not exceed 30% of the product the ex-works price of the product Manufacture in which the value of all the materials ex 3806 Ester gums Manufacture from resin acids used does not exceed 40% of the ex-works price of Manufacture in which the value of all the materials the product used does not exceed 40% of the ex-works price of the product - Other Manufacture in which all the materials used are classified within a heading other than heading ex 3807 Wood pitch (wood tar pitch) Distillation of wood tar No 3701 or 3702. However, materials from heading Manufacture in which the value of all the materials Nos 3701 and 3702 may be used provided their used does not exceed 40% of the ex-works price of value taken together, does not exceed 20% of the the product ex-works price of the product Manufacture in which the value of all the materials 3808 Insecticides, rodenticides, fungicides, Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of herbicides, anti-sprouting products used does not exceed 50% of the ex-works price of the product and plant-growth regulators, the products disinfectants and similar products, 3702 Photographic film in rolls, sensitized, Manufacture in which all the materials used are put-up in forms or packing for retail unexposed, of any material other than classified within a heading other than heading sale or as preparations or articles (for paper, paperboard or textiles; instant Nos 3701 or 3702 example, sulphur-treated bands, print film in rolls, sensitized, Manufacture in which the value of all the materials wicks and candles, and fly-papers) unexposed used does not exceed 40% of the ex-works price of the product 3809 Finishing agents, dye carriers to Manufacture in which the value of all the materials accelerate the dyeing or fixing of used does not exceed 50% of the ex-works price of 3704 Photographic plates, film paper, Manufacture in which all the materials used are dyestuffs and other products and the products paperboard and textiles, exposed but classified within a heading other than heading preparations (for example, dressings not developed Nos 3701 to 3704 and mordants), of a kind used in the Manufacture in which the value of all the materials textile, paper, leather or like used does not exceed 40% of the ex-works price of industries, not elsewhere specified or the product included ex Chapter 38 Miscellaneous chemical products; Manufacture in which all the materials used are 3810 Pickling preparations for metal Manufacture in which the value of all the materials except for: classified within a heading other than that of the surfaces; fluxes and other auxiliary used does not exceed 50% of the ex-works price of product. However, materials classified within the preparations for soldering, brazing or the products same heading may be used provided their value welding; soldering, brazing or welding does not exceed 20% of the ex-works price of the powders and pastes consisting of product metal and other materials; Manufacture in which the value of all the materials preparations of a kind used as cores used does not exceed 40% of the ex-works price of or coatings for welding electrodes or the product rods ex 3801 - Colloidal graphite in suspension in Manufacture in which the value of all the materials oil and semi-colloidal graphite; used does not exceed 50% of the ex-works price of 3811 Anti-knock preparations, oxidation carbonaceous pastes for electrodes the product inhibitors, gum inhibitors, viscosity improvers, anti-corrosive preparations - Graphite in paste form, being a Manufacture in which the value of all the materials and other prepared additives, for mixture of more than 30% by weight of heading No 3403 used does not exceed 20% of mineral oils (including gasoline) or for of graphite with mineral oils the ex-works price of the product other liquids used for the same Manufacture in which the value of all the materials purposes as mineral oils: used does not exceed 40% of the ex-works price of - Prepared additives for lubricating oil, Manufacture in which the value of all the materials the product containing petroleum oils or oils of heading No 3811 used doesn’t exceed 50% of the obtained from bituminous minerals ex-works price of the product ex 3803 Refined tall oil Refining of crude tall oil Manufacture in which the value of all the materials - Other Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of used does not exceed 50% of the ex-works price of the product the product

86 | Partnership Agreement ACP-CE 2005 revised edition | 87 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

3812 Prepared rubber accelerators; Manufacture in which the value of all the materials - The following of thisheading: Manufacture in which all the materials used are compound plasticizers for rubber or used does not exceed 50% of the ex-works price of classified within a heading other than that of the plastics, not elsewhere specified or the product Prepared binders for foundry moulds or product. However, materials classified within the included; anti-oxidizing preparations cores based on natural resinous products same heading may be used provided their value and other compound stabilizers for does not exceed 20% of the ex-works price of the rubber or plastics Naphthenic acids, their water product insoluble salts and their esters Manufacture in which the value of all the materials 3813 Preparations and charges for Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of fire-extinguishers; charged used does not exceed 50% of the ex-works price of Sorbitol other than that of heading the product fire-extinguishing grenades the product No 2905

3814 Organic composite solvents and Manufacture in which the value of all the materials Petroleum sulphonates, excluding thinners, not elsewhere specified or used does not exceed 50% of the ex-works price of petroleum sulphonates of alkali included; prepared paint or vanish the product metals, of ammonium or of ethanol removers amines; thiophenated sulphonic acids of oils obtained from bituminous 3818 Chemical elements doped for use in Manufacture in which the value of all the materials minerals, and their salts electronics, in the form of discs, used does not exceed 50% of the ex-works price of wafers or similar forms; chemical the product Ion exchangers compounds doped for use in electronics Getters for vacuum tubes

3819 Hydraulic brake fluids and other Manufacture in which the value of all the materials Alkaline iron oxide for the purification prepared liquids for hydraulic used does not exceed 50% of the ex-works price of of gas transmission, not containing or the product containing less than 70% by weight of Ammoniacal gas liquorsand spent petroleum oils or oils obtained from oxide producedin coal gas purification bituminous minerals Sulphonaphthenic acids, their water 3820 Anti-freezing preparations and Manufacture in which the value of all the materials insoluble saltsand their esters prepared de-icing fluids used does not exceed 50% of the ex-works price of the product Fusel oil and Dippel’s oil

3822 Diagnostic or laboratory reagents on a Manufacture in which the value of all the materials Mixtures of salts having different anions backing and prepared diagnostic or used does not exceed 50% of the ex-works price of laboratory reagents, whether or not the product Copying pastes with a basis of gelatin, on a backing, other than those of whether or not on a paper or textile heading No 3002 or 3006 backing

3823 Industrial monocarboxylic fatty acids; - Other Manufacture in which the value of all the materials acid oils from refining; industrial fatty used does not exceed 50% of the ex-works price of alcohols. the product 3901 to 3915 - Industrial monocarboxylic fatty Manufacture in which all the materials used are Plastics in primary forms, waste, acids, acid oils from refining classified within a heading other than that of the parings and scrap, of plastic; except product for heading Nos ex 3907 and 3912 for - Industrial fatty alcohols Manufacture from materials of any heading which the rules are set out below: including other materials of heading No 3823 - Addition homopolymerization Manufacture in which: 3824 Prepared binders for foundry moulds products in which a single monomer - the value of all the materials used does not or cores; chemical products and contributes more than 99% by exceed 50% of the ex-works price of the product; preparations of the chemical or allied weight to the total polymer content - the value of any materials of Chapter 39 used industries (including those consisting does not exceed 20% of the ex-works price of the of mixtures of natural products), not product(1) elsewhere specified or included; Manufacture in which the value of all the materials residual products of the chemical or used does not exceed 25% of the ex-works price of allied industries, not elsewhere the product specified or included: (1) In the case of the products composed of materials classified within both heading Nos. 3901 to 3906, on the one hand, and within heading Nos. 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product. 88 | Partnership Agreement ACP-CE 2005 revised edition | 89 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

- Other Manufacture in which the value of the materials ex 3916 and Profile shapes and tubes Manufacture in which: of Chapter 39 used does not exceed 20% of the ex 3917 - the value of all the materials used does not ex-works price of the product(1) exceed 50% of the ex-works price of the product; Manufacture in which the value of all the materials - the value of any materials classified within the used does not exceed 25% of the ex-works price of same heading as the product does not exceed the product 20% of the ex-works price of the product Manufacture in which the value of all the materials ex 3907 - Copolymer, made from Manufacture in which all the materials used are used does not exceed 25% of the ex-works price of polycarbonate and acrylonitrile- classified within a heading other than that of the the product butadiene-styrene copolymer (ABS) product. However, materials classified within the same heading may be used provided their value ex 3920 - Ionomer sheet or film Manufacture from a thermoplastic partial salt, does not exceed 50% of the ex-works price of the which is a copolymer of ethylene and metacrylic product(1) acid partly, neutralized with metal ions, mainly zinc and sodium - Polyester Manufacture in which the value of any materials Manufacture in which the value of all the materials of Chapter 39 used does not exceed 20% of the used does not exceed 25% of the ex-works price of ex-works price of the product and/or manufacture the product from polycarbonate of tetrabromo-(bisphenol A) - Sheets of regenerated cellulose, Manufacture in which the value of any materials 3912 Cellulose and its chemical derivatives, Manufacture in which the value of any materials polyamides or polyethylene classified in the same heading, as the product not elsewhere specified or included, classified in the same heading as the product does does not exceed 20% of the ex-works price of in primary forms not exceed 20% of the ex-works price of the the product product ex 3921 Foils of plastic, metallized Manufacture from highly transparent polyester foils 3916 to 3921 Semi-manufactures and articles of with a thickness of less than 23 micron(1) plastics; except for headings Nos ex Manufacture in which the value of all the materials 3916, ex 3917, ex 3920 and ex 3921, used does not exceed 25% of the ex-works price of for which the rules are set out below: the product

- Flat products, further worked than Manufacture in which the value of any materials 3922 to 3926 Articles of plastics Manufacture in which the value of all the materials only surface-worked or cut into of Chapter 39 used does not exceed 50% of the used does not exceed 50% of the ex-works price of forms other than rectangular ex-works price of the product the product (including square); other products, Manufacture in which the value of all the materials further worked than only surface- used does not exceed 25% of the ex-works price of ex Chapter 40 Rubber and articles thereof; except Manufacture in which all the materials used are worked the product for: classified within a heading other than that of the product - Other: ex 4001 Laminated slabs of crepe rubber for Lamination of sheets of natural rubber - Addition homopolymerization Manufacture in which: shoes products in which a single - the value of all the materials used does not monomer contributes more than exceed 50% of the ex-works price of the product; 4005 Compounded rubber, unvulcanised, in Manufacture in which the value of all the materials 99% by weight to the total - the value of any materials of Chapter 39 used primary forms or in plates, sheets or used, except natural rubber, does not exceed 50% polymer content does not exceed 20% of the ex-works price of the strip of the ex-works price of the product product(1) Manufacture in which the value of all the materials 4012 Retreaded or used pneumatic tyres of used does not exceed 25% of the ex-works price of rubber; solid or cushion tyres, the product interchangeable tyre treads and tyre flaps, of rubber: - Other Manufacture in which the value of any materials of Chapter 39 used does not exceed 20% of the - Retreaded pneumatic, solid or Retreading of used tyres ex-works price of the product(1) cushion tyres, of rubber Manufacture in which the value of all the materials used does not exceed 25% of the ex-works price of - Other Manufacture from materials of any heading, except the product those of heading Nos 4011 or 4012

ex 4017 Articles of hard rubber Manufacture from hard rubber

(1) In the case of the products composed of materials classified within both heading Nos. 3901 to 3906, on the one hand, and within heading (1) The following foils shall be considered as highly transparent: foils, the optical dimming of which - measured according to ASTM-D 1003-16 Nos. 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product. by Gardner Hazemeter (i.e. Hazefactor) - is less than 2 percent. 90 | Partnership Agreement ACP-CE 2005 revised edition | 91 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4) ex Chapter 41 Raw hides and skins (other than Manufacture in which all the materials used are ex 4409 Wood continuously shaped along any furskins) and leather; except for: classified within a heading other than that of the of its edges or faces, whether or not product planed, sanded or finger-jointed: ex 4102 Raw skins of sheep or lambs, without Removal of wool from sheep or lambskins, with - Sanded or finger-jointed Sanding or finger-jointing wool on wool on - Beadings and mouldings Beading or moulding 4104 to 4107 Leather, without hair or wool, other Retanning of pre-tanned leather than leather of heading Nos 4108 or or ex 4410 to Beadings and mouldings, including Beading or moulding 4109 Manufacture in which all the materials used are ex 4413 moulded skirting and other moulded classified within a heading other than that of the boards product ex 4415 Packing cases, boxes, crates, drums Manufacture from boards not cut to size 4109 Patent leather and patent laminated Manufacture from leather of heading Nos 4104 and similar packings, of wood leather; metallized leather to 4107 provided its value does not exceed 50% of the ex-works price of the product ex 4416 Casks, barrels, vats, tubs and other Manufacture from riven staves, not further worked coopers’ products and parts thereof, than sawn on the two principal surfaces Chapter 42 Articles of leather; saddlery and Manufacture in which all the materials used are of wood harness; travel goods, handbags and classified within a heading other than that of the similar containers; articles of animal product ex 4418 - Builders’ joinery and carpentry of Manufacture in which all the materials used are gut (other than silk worm gut) wood classified within a heading other than that of the product. However, cellular wood panels, shingles ex Chapter 43 Furskins and artificial fur; Manufacture in which all the materials used are and shakes may be used manufactures thereof; except for: classified within a heading other than that of the product - Beadings and mouldings Beading or moulding ex 4302 Tanned or dressed furskins, ex 4421 Match splints; wooden pegs or pins Manufacture from wood of any heading except assembled: for footwear drawn wood of heading No 4409

- Plates, crosses and similar forms Bleaching or dyeing, in addition to cutting and ex Chapter 45 Cork and articles of cork; except for: Manufacture in which all the materials used are assembly of non-assembled tanned or dressed classified within a heading other than that of the furskins product

- Other Manufacture from non-assembled, tanned or 4503 Articles of natural cork Manufacture from cork of heading No 4501 dressed furskins Chapter 46 Manufactures of straw, of esparto or Manufacture in which all the materials used are 4303 Articles of apparel, clothing Manufacture from non-assembled tanned or of other plaiting materials; classified within a heading other than that of the accessories and other articles of dressed furskins of heading No 4302 basketware and wickerwork product furskin Chapter 47 Pulp of wood or of other fibrous Manufacture in which all the materials used are ex Chapter 44 Wood and articles of wood; wood Manufacture in which all the materials used are cellulosic material; recovered (waste classified within a heading other than that of the charcoal; except for: classified within a heading other than that of the and scrap) paper or paperboard product product ex Chapter 48 Paper and paperboard; articles of Manufacture in which all the materials used are ex 4403 Wood roughly squared Manufacture from wood in the rough, whether or paper pulp, of paper or of classified within a heading other than that of the not stripped of its bark or merely roughed down paperboard; except for: product ex 4407 Wood sawn or chipped lengthwise, Planing, sanding or finger-jointing ex 4811 Paper and paperboard, ruled, lined or Manufacture from papermaking materials of sliced or peeled, of a thickness squared only Chapter 47 exceeding 6 mm, planed, sanded or finger-jointed 4816 Carbon paper, self-copy paper and Manufacture from papermaking materials of other copying or transfer papers Chapter 47 ex 4408 Veneer sheets and sheets for Splicing, planing, sanding or finger-jointing (other than those of heading plywood, of a thickness not exceeding No 4809), duplicator stencils and 6 mm, spliced, and other wood sawn offset plates, of paper, whether or not lengthwise, sliced or peeled of a put up in boxes thickness not exceeding 6 mm, planed, sanded or finger-jointed

92 | Partnership Agreement ACP-CE 2005 revised edition | 93 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

4817 Envelopes, letter cards, plain Manufacturing in which: 5004 to Silk yarn and yarn spun from silk Manufacture from (1): postcards and correspondence cards, - all the materials used are classified within a ex 5006 waste - raw silk or silk waste carded or combed or of paper or paperboard; boxes, heading other than that of the product; otherwise prepared for spinning, pouches, wallets and writing - the value of all the materials used does not - other natural fibers not carded or combed or compendiums, of paper or exceed 50% of the ex-works price of the product otherwise prepared for spinning, paperboard, containing an assortment - chemical materials or textile pulp, or of paper stationery - papermaking materials ex 4818 Toilet paper Manufacture from papermaking materials of 5007 Woven fabrics of silk or of silk waste: Chapter 47 - Incorporating rubber thread Manufacture from single yarn(1) ex 4819 Cartons, boxes, cases, bags and other Manufacture in which: packing containers, of paper, - all the materials used are classified within a - Other Manufacture from(1): paperboard, cellulose wadding or heading other than that of the product; - coir yarn, webs of cellulose fibers - the value of all the materials used does not - natural fibers, exceed 50% of the ex-works price of the product - man-made staple fibers not carded or combed or otherwise ex 4820 Letter pads Manufacture in which the value of all the materials prepared for spinning, used does not exceed 50% of the ex-works price of - chemical materials or textile pulp, or the product - paper or ex 4823 Other paper, paperboard, cellulose Manufacture from papermaking materials of Printing accompanied by at least two preparatory wadding and webs of cellulose fibres, Chapter 47 or finishing operations (such as scouring, cut to size or shape bleaching, mercerizing, heat setting, raising, calendaring, shrink resistance processing, ex Chapter 49 Printed books, newspapers, pictures Manufacture in which all the materials used are permanent finishing, decatizing, impregnating, and other products of the printing classified within a heading other than that of the mending and burling) where the value of the industry; manuscripts, typescripts and product unprinted fabric used does not exceed 47.5% of plans; except for: the ex-works price of the product

4909 Printed or illustrated postcards; Manufacture from materials not classified within ex Chapter 51 Wool, fine or coarse animal hair; Manufacture in which all thematerials used are printed cards bearing personal heading Nos 4909 or 4911 horsehair yarn and woven fabric; classifiedwithin a heading other than that of the greetings, messages or except for: product announcements, whether or not illustrated, with or without envelopes 5106 to 5110 Yarn of wool, of fine or coarse animal Manufacture from(1): or trimmings hair or of horsehair - raw silk or silk wastecarded or combed orotherwise prepared forspinning, 4910 Calendars of any kind, printed, - natural fibres not carded orcombed or otherwise including calendar blocks: prepared for spinning, - chemical materials or textile pulp, or - Calendars of the “perpetual” type or Manufacture in which: - paper-making materials with replaceable blocks mounted on - all the materials used are classified within a bases other than paper or heading other than that of the product; 5111 to 5113 Woven fabrics of wool, of fine or paperboard - the value of all the materials used does not coarse animal hair or of horsehair: exceed 50% of the ex-works price of the product - Incorporating rubber thread Manufacture from single yarn(1) - Other Manufacture from materials not classified in heading Nos 4909 or 4911 - Other Manufacture from(1): - coir yarn, ex Chapter 50 Silk; except for: Manufacture in which all the materials used are - natural fibers, classified within a heading other than that of the - man-made staple fibresnot carded or combed product or otherwise prepared for spinning, - chemical materials or textile pulp, or ex 5003 Silk waste (including cocoons Carding or combing of silk waste - paper unsuitable for reeling, yarn waste and garnetted stock), carded or combed

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. 94 | Partnership Agreement ACP-CE 2005 revised edition | 95 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

or - Incorporating rubber thread Manufacture from single yarn(1) Printing accompanied by at least two preparatory or finishing operations (such asscouring, - Other Manufacture from(1): bleaching, mercerizing, heat setting, raising, - coir yarn, calendering, shrink resistance processing, - natural fibers, permanent finishing, decatizing, impregnating, - man-made staple fibres not carded or combed mending and burling) where the value of the or otherwise prepared for spinning, unprinted fabric used does not exceed 47.5% - chemical materials or textile pulp, or of the ex-works price of the product - paper or ex Chapter 52 Cotton; except for: Manufacture in which all the materials used are Printing accompanied by at least two preparatory classified within a heading other than that of the or finishing operations (such as scouring, product bleaching, mercerizing, heat setting, raising, calendaring, shrink resistance processing, 5204 to 5207 Yarn and thread of cotton Manufacture from(1): permanent finishing, decatizing, impregnating, - raw silk or silk waste carded or combed or mending and burling) where the value of the otherwise prepared for spinning, unprinted fabric used does not exceed 47.5% - natural fibers not carded or combed or otherwise of the ex-works price of the product prepared for spinning, - chemical materials or textile pulp, or 5401 to 5406 Yarn, monofilament and thread Manufacture from(1): - papermaking materials of man-made filaments - raw silk or silk waste carded or combed or otherwise prepared for spinning, 5208 to 5212 Woven fabrics of cotton: - natural fibers not carded or combed or otherwise prepared for spinning, - Incorporating rubber thread Manufacture from single yarn(1) - chemical materials or textile pulp, or - papermaking materials - Other Manufacture from(1): - coir yarn, 5407 and 5408 Woven fabrics of man-made filament - natural fibers, yarn: - man-made staple fibers not carded or combed or otherwise prepared for spinning, - Incorporating rubber thread Manufacture from single yarn(1) - chemical materials or textile pulp, or - paper - Other Manufacture from(1): or - coir yarn, Printing accompanied by at least two preparatory - natural fibers, or finishing operations (such as scouring, bleaching, - man-made staple fibres not carded or combed mercerizing, heat setting, raising, calendaring, shrink or otherwise prepared for spinning, resistance processing, permanent finishing, decatizing, - chemical materials or textile pulp, or impregnating, mending and burling) where the value of - paper the unprinted fabric used does not exceed 47.5% of or the ex-works price of the product Printing accompanied by at least two preparatory or finishing operations (such as scouring, ex Chapter 53 Other vegetable textile fibres; paper Manufacture in which all the materials used are bleaching, mercerizing, heat setting, raising, yarn and woven fabrics of paper yarn; classified within a heading other than that of the calendaring, shrink resistance processing, except for: product permanent finishing, decatizing, impregnating, mending and burling) where the value of the 5306 to 5308 Yarn of other vegetable textile fibers; Manufacture from(1): unprinted fabric used does not exceed 47.5% paper yarn - raw silk or silk waste carded or combed of the ex-works price of the product or otherwise prepared for spinning, - natural fibers not carded or combed or otherwise 5501 to 5507 Man-made staple fibers Manufacture from chemical materials or textile pulp prepared for spinning, - chemical materials or textile pulp, or 5508 to 5511 Yarn and sewing thread of man-made Manufacture from(1): - papermaking materials staple fibers - raw silk or silk waste carded or combed or otherwise prepared for spinning, 5309 to 5311 Woven fabrics of other vegetable - natural fibers not carded or combed or textile fibres; woven fabrics of paper otherwise prepared for spinning, yarn: - chemical materials or textile pulp, or - papermaking materials

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. (1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. 96 | Partnership Agreement ACP-CE 2005 revised edition | 97 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

5512 to 5516 Woven fabrics of man-made staple - Other Manufacture from(1): fibers: - natural fibers not carded or combed or otherwise processed for spinning, - Incorporating rubber thread Manufacture from single yarn(1) - chemical materials or textile pulp, or - papermaking materials - Other Manufacture from(1): - coir yarn, 5605 Metallized yarn, whether or not Manufacture from(1): - natural fibers, gimped, being textile yarn, or strip or - natural fibers, - man-made staple fibers not carded or combed the like of heading No 5404 or 5405, - man-made staple fibers not carded or combed or otherwise prepared for spinning, combined with metal in the form of or otherwise processed for spinning, - chemical materials or textile pulp, or thread, strip or powder or covered - chemical materials or textile pulp, or - paper with metal - papermaking materials or Printing accompanied by at least two preparatory 5606 Gimped yarn, and strip and the like of Manufacture from(1): or finishing operations (such as scouring, heading No 5404 or 5405, gimped - natural fibers, bleaching, mercerizing, heat setting, raising, (other than those of heading No 5605 - man-made staple fibers not carded or combed calendaring, shrink resistance processing, and gimped horsehair yarn); chenille or otherwise processed for spinning, permanent finishing, decatising, impregnating, yarn (including flock chenille yarn; - chemical materials or textile pulp, or mending and burling) where the value of the loop wale-yarn - papermaking materials unprinted fabric used does not exceed 47.5% of the ex-works price of the product Chapter 57 Carpets and other textile floor coverings: ex Chapter 56 Wadding, felt and non-woven; special Manufacture from(1): yarns; twine, cordage, ropes and - coir yarn, - Of needle loom felt Manufacture from(1): cables and articles thereof; except for: - natural fibers, - natural fibers, or - chemical materials or textile pulp, or - chemical materials or textile pulp - paper making materials However: - polypropylene filament of heading No 5402, 5602 Felt, whether or not impregnated, - polypropylene fibers of heading No 5503 or 5506 coated, covered or laminated: or - polypropylene filament tow of heading No 5501, - Needleloom felt Manufacture from(1): of which the denomination in all cases of a single - natural fibers, filament or fiber is less than 9 decitex may be - chemical materials or textile pulp used provided their value does not exceed 40% However: of the ex-works price of the product - polypropylene filament of heading No 5402, - jute fabric may be used as backing - polypropylene fibers of heading No 5503 or 5506 or - Of other felt Manufacture from(1): - polypropylene filament tow of heading No 5501, - natural fibers not carded or combed or otherwise of which the denomination in all cases of a single processed for spinning, or filament or fiber is less than 9 decitex may be - chemical materials or textile pulp used provided their value does not exceed 40% of the ex-works price of the product - Other Manufacture from(1): - coir or jute yarn, - Other Manufacture from(1): - synthetic or artificial filament yarn, - natural fibers, - natural fibers, or - man-made staple fibers made from casein, or - man-made staple fibres not carded or combed - chemical materials or textile pulp or otherwise processed for spinning Jute fabric may be used as backing 5604 Rubber thread and cord, textile covered; textile yarn, and strip and ex Chapter 58 Special woven fabrics; tufted textile the like of heading No 5404 or 5405, fabrics; lace; tapestries; trimmings; impregnated, coated, covered or embroidery; except for: sheathed with rubber or plastics: - Combined with rubber thread Manufacture from single yarn(1) - Rubber thread and cord, textile Manufacture from rubber thread or cord, not textile covered covered

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. (1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. 98 | Partnership Agreement ACP-CE 2005 revised edition | 99 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

- Other Manufacture from(1): 5904 Linoleum, whether or note cut to Manufacture from yarn(1) - natural fibers, shape; floor coverings consisting of a - man-made staple fibers not carded or combed or coating or covering applied on a otherwise processed for spinning, or textile backing, whether or not cut to - chemical materials or textile pulp, shape or Printing accompanied by at least two preparatory 5905 Textile wall coverings: or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, - Impregnated, coated, covered or Manufacture from yarn calendaring, shrink resistance processing, laminated with rubber, plastics or permanent finishing, decatizing, impregnating, other materials mending and burling) where the value of the unprinted fabric used does not exceed 47.5% - Other Manufacture from(1): of the ex-works price of the product - coir yarn, - natural fibers, 5805 Hand-woven tapestries of the types Manufacture in which all the materials used are - man-made staple fibers not carded or combed gobelins, flanders, aubusson, classified within a heading other than that of the or otherwise processed for spinning, or beauvais and the like, and needle- product - chemical materials or textile pulp, worked tapestries (for example, petit or point, cross stitch), whether or not Printing accompanied by at least two preparatory made up or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, 5810 Embroidery in the piece, in strips or in Manufacture in which: calendaring, shrink resistance processing, motifs - all the materials used are classified within a heading permanent finishing, decatizing, impregnating, other than that of the product; mending and burling) where the value of the - the value of all the materials used does not unprinted fabric used does not exceed 47.5% exceed 50% of the ex-works price of the product of the ex-works price of the product

5901 Textile fabrics coated with gum or Manufacture from yarn 5906 Rubberized textile fabrics, other than amylaceous substances, of a kind those of heading No 5902: used for the outer covers of books or the like; tracing cloth; prepared - Knitted or crocheted fabrics Manufacture from(1): painting canvas; buckram and similar - natural fibers, stiffened textile fabrics of a kind used - man-made staple fibres not carded or combed formats foundations or otherwise processed for spinning, or - chemical materials or textile pulp 5902 Tyre cord fabric of high tenacity yarn of nylon or other polyamides, - Other fabrics made of synthetic Manufacture from chemical materials polyesters or viscose rayon: filament yarn, containing more than 90% by weight of textile materials - Containing not more than 90% by Manufacture from yarn weight of textile materials - Other Manufacture from yarn

- Other 5907 Textile fabrics otherwise impregnated, Manufacture from yarn Manufacture from chemical materials or textile pulp coated or covered; painted canvas or being theatrical scenery, studio back- Printing accompanied by at least two preparatory 5903 Textile fabrics impregnated, coated, Manufacture from yarn cloths or the like or finishing operations (such as scouring, covered or laminated with plastics, or bleaching, mercerizing, heat setting, razing, other than those of heading No 5902 Printing accompanied by at least two preparatory calendaring, shrink resistance processing, or finishing operations (such as scouring, permanent finishing, deceiving, impregnating, bleaching, mercerizing, heat setting, razing, mending and burling) where the value of the calendaring, shrink resistance processing, unprinted fabric used does not exceed 47.5% permanent finishing, decatising, impregnating, of the ex-works price of the product mending and burling) where the value of the unprinted fabric used does not exceed 47.5% of the ex-works price of the product

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. (1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. 100 | Partnership Agreement ACP-CE 2005 revised edition | 101 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

5908 Textile wicks, woven, plaited or Chapter 61 Articles of apparel and clothing knitted, for lamps, stoves, lighters, accessories, knitted or crocheted: candles or the like; incandescent gas mantles and tubular knitted gas - Obtained by sewing together or Manufacture from yarn(1,2) mantle fabric therefor, whether or not otherwise assembling, two or more impregnated: pieces of knitted or crocheted fabric which have been either cut to form - Incandescent gas mantles, Manufacture from tubular knitted gas mantle fabric or obtained directly to form impregnated - Other Manufacture from(1): - Other Manufacture in which all the materials used are - natural fibers, classified within a heading other than that of the - man-made staple fibres not carded or combed product or otherwise processed for spinning, or - chemical materials or textile pulp 5909 to 5911 Textile articles of a kind suitable for industrial use: ex Chapter 62 Articles of apparel and clothing Manufacture from yarn(1,2) accessories, not knitted or crocheted; - Polishing discs or rings other than of Manufacture from yarn or waste fabrics or rags except for: felt of heading No 5911 of heading No 6310 ex 6202, Women’s, girls’ and babies’ clothing Manufacture from yarn(2) - Woven fabrics, of a kind commonly Manufacture from(1): ex 6204, and clothing accessories for babies, or used in papermaking or other - coir yarn, ex 6206, embroidered Manufacture from unembroidered fabric provided technical uses, felted or not, whether - the following materials: ex 6209 and the value of the unembroidered fabric used does or not impregnated or coated, - yarn of polytetrafluoroethylene(2), ex 6211 not exceed 40% of the ex-works price of the tubular or endless with single or - yarn, multiple, of polyamide, coated product (2) multiple warp and/or weft, or flat impregnated or covered with a phenolic resin, woven with multiple warp and/or - yarn of synthetic textile fibres of aromatic ex 6210 and Fire-resistant equipment of fabric Manufacture from yarn(2) weft of heading No 5911 polyamides, obtained by polycondensation ex 6216 covered with foil of aluminized or of m-phenylenediamine and isophthalic acid, polyester Manufacture from uncoated fabric provided the - monofil of polytetrafluoroethylene(2) value of the uncoated fabric used does not exceed - yarn of synthetic textile fibres of poly-p- 40% of the ex-works price of the product(2) phenylene terephthalamide, - glass fiber yarn, coated with phenol resin 6213 and 6214 Handkerchiefs, shawls, scarves, and gimped with acrylic yarn(2) mufflers, mantillas, veils and the like: - copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4 - Embroidered Manufacture from unbleached single yarn(1,2) - cyclohexanediethanol and isophthalic acid, or - natural fibers, Manufacture from unembroidered fabric provided - man-made staple fibers not carded or combed the value of the unembroidered fabric used does or otherwise processed for spinning, or not exceed 40% of the ex-works price of the - chemical materials or textile pulp product(2)

- Other Manufacture from(1): - Other Manufacture from unbleached single yarn(1,2) - coir yarn, or - natural fibers, Making up followed by printing accompanied by at - man-made staple fibres not carded or combed least two preparatory or finishing operations (such or otherwise processed for spinning, or as scouring, bleaching, mercerizing, heat setting, - chemical materials or textile pulp raising, calendaring, shrink resistance processing, permanent finishing, decatizing, impregnating, Chapter 60 Knitted or crocheted fabrics Manufacture from(1): mending and burling) where the value of the - natural fibers, unprinted goods of heading Nos 6213 and 6214 - man-made staple fibres not carded or combed used does not exceed 47.5% of the ex-works price or otherwise processed for spinning, or of the product - chemical materials or textile pulp

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. (1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. (2) The use of this material is restricted to the manufacture of woven fabrics of a kind used in papermaking machinery. (2) See Introductory Note 6. 102 | Partnership Agreement ACP-CE 2005 revised edition | 103 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

6217 Other made up clothing accessories; - Of non wovens Manufacture from(1,2): parts of garments or of clothing - natural fibres, or accessories, other than those of - chemical materials or textile pulp heading No 6212: - Other Manufacture from unbleached single yarn(1,2) - Embroidered Manufacture from yarn(1) or 6307 Other made-up articles, including Manufacture in which the value of all the materials Manufacture from unembroidered fabric provided dress patterns used does not exceed 40% of the ex-works price of the value of the unembroidered fabric used does not the product exceed 40% of the ex-works price of the product(1) 6308 Sets consisting of woven fabric and Each item in the set must satisfy the rule, which - Fire-resistant equipment of fabric Manufacture from yarn(1) yarn, whether or not with accessories, would apply to it if it were not included in the set. covered with foil of aluminized or for making up into rugs, tapestries, However, non-originating articles may be polyester Manufacture from uncoated fabric provided the embroidered tablecloths or serviettes, incorporated provided their total value does not value of the uncoated fabric used does not exceed or similar textile articles, put up in exceed 15% of the ex-works price of the set 40% of the ex-works price of the product(1) packings for retail sale

- Interlinings for collars and cuffs, cut Manufacture in which: ex Chapter 64 Footwear, gaiters and the like; except Manufacture from materials of any heading except out - all the materials used are classified within a for: for assemblies of uppers affixed to inner soles or to heading other than that of the product; other sole components of heading No 6406 - the value of all the materials used does not exceed 40% of the ex-works price of the product 6406 Parts of footwear (including uppers Manufacture in which all the materials used are whether or not attached to soles other classified within a heading other than that of the - Other Manufacture from yarn(1) than outer soles); removable in-soles, product heel cushions and similar articles; ex Chapter 63 Other made-up textile articles; sets; Manufacture in which all the materials used are gaiters, leggings and similar articles, worn clothing and worn textile classified within a heading other than that of the and parts thereof articles; rags; except for: product ex Chapter 65 Headgear and parts thereof, except Manufacture in which all the materials used are 6301 to 6304 Blankets, traveling rugs, bed linen for: classified within a heading other than that of the etc.; curtains etc.; other furnishing product articles: 6503 Felt hats and other felt headgear, Manufacture from yarn or textile fibers(1) - Of felt, of non wovens Manufacture from(2): made from the hat bodies, hoods or - natural fibers, or plateaux of heading No 6501, whether - chemical materials or textile pulp or not lined or trimmed

- Other: Manufacture from unbleached single yarn(2,3) 6505 Hats and other headgear, knitted or Manufacture from yarn or textile fibers(1) - Embroidered or crocheted, or made up from lace, felt Manufacture from unembroidered fabric (other or other textile fabric, in the piece than knitted or crocheted) provided the value of (but not in strips), whether or not the unembroidered fabric used does not exceed lined or trimmed; hairnets of any 40% of the ex-works price of the product material, whether or not lined or trimmed - Other Manufacture from unbleached single yarn (2,3) ex Chapter 66 Umbrellas, sun umbrellas, walking Manufacture in which all the materials used are 6305 Sacks and bags, of a kind used for the Manufacture from(2): sticks, seat-sticks, whips, riding- classified within a heading other than that of the packing of goods - natural fibres, crops, and parts thereof; except for: product - man-made staple fibres not carded or combed orotherwise processed for spinning, or 6601 Umbrellas and sun umbrellas Manufacture in which the value of all the materials - chemical materials or textile pulp (including walking-stick umbrellas, used does not exceed 50% of the ex-works price of garden umbrellas and similar the product 6306 Tarpaulins, awnings and sunblinds; umbrellas) tents; sails for boats, sailboards or landcraft; camping goods: Chapter 67 Prepared feathers and down and Manufacture in which all the materials used are articles made of feathers or of down; classified within a heading other than that of the (1) See Introductory Note 6. artificial flowers; articles of human hair product (2) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. (3) For knitted or crocheted articles, not elastic or rubberized, obtained by sewing or assembly pieces of knitted orcrocheted fabrics (cut out or (1) See Introductory Note 6. knitted directly to shape), see Introductory Note 6. (2) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. 104 | Partnership Agreement ACP-CE 2005 revised edition | 105 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4) ex Chapter 68 Articles of stone, plaster, cement, Manufacture in which all the materials used are 7013 Glassware of a kind used for table, Manufacture in which all the materials used are asbestos, mica or similar materials; classified within a heading other than that of the kitchen, toilet, office, indoor classified within a heading other than that of the except for: product decoration or similar purposes (other product than that of heading No 7010 or 7018) or ex 6803 Articles of slate or of agglomerated Manufacture from worked slate Cutting of glassware, provided the value of the slate uncut glassware does not exceed 50% of the ex- works price of the product ex 6812 Articles of asbestos; articles of Manufacture from materials of any heading or mixtures with a basis of asbestos or of Hand-decoration (with the exception of silk-screen mixtures with a basis of asbestos and printing) of hand-blown glassware, provided the magnesium carbonate value of the hand-blown glassware does not exceed 50% of the ex-works price of the product ex 6814 Articles of mica, including Manufacture from worked mica (including agglomerated or reconstituted mica, agglomerated or reconstituted mica) ex 7019 Articles (other than yarn) of glass Manufacture from: on a support of paper, paperboard or fibers - uncoloured slivers, rovings, yarn or chopped other materials strands, or - glass wool Chapter 69 Ceramic products Manufacture in which all the materials used are classified within a heading other than that of the ex Chapter 71 Natural or cultured pearls, precious or Manufacture in which all the materials used are product semi-precious stones, precious classified within a heading other than that of the metals, metals clad with precious product ex Chapter 70 Glass and glassware; except for: Manufacture in which all the materials used are metal, and articles thereof; imitation classified within a heading other than that of the jewellery; coin; except for: product ex 7101 Natural or cultured pearls, graded and Manufacture in which the value of all the materials ex 7003 Glass with a non-reflecting layer Manufacture from materials of heading No 7001 temporarily strung for convenience of used does not exceed 50% of the ex-works price of ex 7004 and transport the product ex 7005 ex 7102, Worked precious or semi-precious Manufacture from unworked precious or semi- 7006 Glass of heading No 7003, 7004 or ex 7103 and stones (natural, synthetic or precious stones 7005, bent, edgeworked, engraved, ex 7104 reconstructed) drilled, enamelled or otherwise worked, but not framed or fitted with 7106, 7108 Precious metals: other materials: and 7110 - Unwrought Manufacture from materials not classified within - glass plate substrate coated with Manufacture from non-coated glass plate substrate heading No 7106, 7108 or 7110 dielectric thin film, semi-conductor of heading No 7006 or grade, in accordance with SEMII Electrolytic, thermal or chemical separation of standards(1) precious metals of heading No 7106, 7108 or 7110 or - other Manufacture from materials of heading No 7001 Alloying of precious metals of heading No 7106, 7108 or 7110 with each other or with base metals 7007 Safety glass, consisting of toughened Manufacture from materials of heading No 7001 (tempered) or laminated glass - Semi-manufactured or in powder Manufacture from unwrought precious metals form 7008 Multiple-walled insulating units of Manufacture from materials of heading No 7001 glass ex 7107, Metals clad with precious metals, Manufacture from metals clad with precious ex 7109 and semi-manufactured metals, unwrought 7009 Glass mirrors, whether or not framed, Manufacture from materials of heading No 7001 ex 7111 including rear-view mirrors 7116 Articles of natural or cultured pearls, Manufacture in which the value of all the materials 7010 Carboys, bottles, flasks, jars, pots, Manufacture in which all the materials used are precious or semi-precious stones used does not exceed 50% of the ex-works price of phials, ampoules and other classified within a heading other than that of the (natural, synthetic or reconstructed) the product containers, of glass, of a kind used for product the conveyance or packing of goods; or 7117 Imitation jewellery Manufacture in which all the materials used are preserving jars of glass; stoppers, lids Cutting of glassware, provided the value of classified within a heading other than that of the and other closures, of glass the uncut glassware does not exceed 50% product of the ex-works price of the product or

(1) SEMII-Semiconductor Equipment and Materials Institute Incorporated. 106 | Partnership Agreement ACP-CE 2005 revised edition | 107 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

Manufacture from base metal parts, not plated or ex 7307 Tube or pipefittings of stainless steel Turning, drilling, reaming, threading, deburring and covered with precious metals, provided the value of (ISO No X5CrNiMo 1712), consisting of sandblasting of forged blanks the value of which all the materials used does not exceed 50% of the several parts does not exceed 35% of the ex-works price of the ex-works price of the product product ex Chapter 72 Iron and steel; except for: Manufacture in which all the materials used are 7308 Structures (excluding prefabricated Manufacture in which all the materials used are classified within a heading other than that of the buildings of heading No 9406) and classified within a heading other than that of the product parts of structures (for example, product. bridges and bridge-sections, lock- However, welded angles, shapes and sections of 7207 Semi-finished products of iron Manufacture from materials of heading No 7201, gates, towers, lattice masts, roofs, heading No 7301 may not be used or non-alloy steel 7202, 7203, 7204 or 7205 roofing frame-works, doors and windows and their frames and 7208 to 7216 Flat-rolled products, bars and rods, Manufacture from ingots or other primary forms thresholds for doors, shutters, angles, shapes and sections of iron of heading No 7206 balustrades, pillars and columns), of or non-alloy steel iron or steel; plates, rods, angles, shapes, sections, tubes and the like, 7217 Wire of iron or non-alloy steel Manufacture from semi-finished materials prepared for use in structures, of iron of heading No 7207 or steel ex 7218, 7219 Semi-finished products, flat-rolled Manufacture from ingots or other primary forms ex 7315 Skid chain Manufacture in which the value of all the materials to 7222 products, bars and rods, angles, of heading No 7218 of heading No 7315 used does not exceed 50% of shapes and sections of stainless steel the ex-works price of the product

7223 Wire of stainless steel Manufacture from semi-finished materials ex Chapter 74 Copper and articles thereof; except Manufacture in which: of heading No 7218 for: - all the materials used are classified within a heading other than that of the product; ex 7224, 7225 Semi-finished products, flat-rolled Manufacture from ingots or other primary forms - the value of all the materials used does not to 7228 products, hot-rolled bars and rods, in of heading No 7206, 7218 or 7224 exceed 50% of the ex-works price of the product irregularly wound coils; angles, shapes and sections, of other alloy 7401 Copper mattes; cement copper Manufacture in which all the materials used are steel; hollow drill bars and rods, of (precipitated copper) classified within a heading other than that of the alloy or non-alloy steel product

7229 Wire of other alloy steel Manufacture from semi-finished materials 7402 Unrefined copper; copper anodes Manufacture in which all the materials used are of heading No 7224 for electrolytic refining classified within a heading other than that of the product ex Chapter 73 Articles of iron or steel; except for: Manufacture in which all the materials used are classified within a heading other than that of the 7403 Refined copper and copper alloys, product unwrought: ex 7301 Sheet piling Manufacture from materials of heading No 7206 - Refined copper Manufacture in which all the materials used are classified within a heading other than that of the 7302 Railway or tramway track construction Manufacture from materials of heading No 7206 product materials of iron or steel, the following: rails, checkrails and rack - Copper alloys and refined copper Manufacture from refined copper, unwrought, or rails, switch blades, crossing frogs, containing other elements waste and scrap of copper point rods and other crossing pieces, sleepers (cross-ties), fish-plates, 7404 Copper waste and scrap Manufacture in which all the materials used are chairs, chair wedges, soleplates (base classified within a heading other than that of the plates), rail clips, bedplates, ties and product other material specialized for jointing or fixing rails 7405 Master alloys of copper Manufacture in which all the materials used are classified within a heading other than that of the 7304, 7305 Tubes, pipes and hollow profiles, of Manufacture from materials of heading No 7206, product and 7306 iron (other than cast iron) or steel 7207, 7218 or 7224 ex Chapter 75 Nickel and articles thereof; except for: Manufacture in which: - all the materials used are classified within a heading other than that of the product;

108 | Partnership Agreement ACP-CE 2005 revised edition | 109 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

- the value of all the materials used does not ex Chapter 79 Zinc and articles thereof; except for: Manufacture in which: exceed 50% of the ex-works price of the product - all the materials used are classified within a heading other than that of the product; 7501 to 7503 Nickel mattes, nickel oxide sinters and Manufacture in which all the materials used are - the value of all the materials used does not other intermediate products of nickel classified within a heading other than that of the exceed 50% of the ex-works price of the product metallurgy; unwrought nickel; product nickel waste and scrap 7901 Unwrought zinc Manufacture in which all the materials used are classified within a heading other than that of the ex Chapter 76 Aluminium and articles thereof; Manufacture in which: product. However, waste and scrap of heading except for: - all the materials used reclassified within a heading No 7902 may not be used other than that of the product; - the value of all the materials used does not exceed 50% of the ex-works price of the product 7902 Zinc waste and scrap Manufacture in which all the materials used are classified within a heading other than that of the 7601 Unwrought aluminium Manufacture in which: product - all the materials used reclassified within a heading other than that of the product; and ex Chapter 80 Tin and articles thereof; except for: Manufacture in which: - the value of all the materials used does not - all the materials used are classified within a exceed 50% of the ex-works price of the product heading other than that of the product; or - the value of all the materials used does not Manufacture by thermal or electrolytic treatment exceed 50% of the ex-works price of the product from unalloyed aluminium or waste and scrap of aluminium 8001 Unwrought tin Manufacture in which all the materials used are classified within a heading other than that of the 7602 Aluminium waste or scrap Manufacture in which all the materials used are product. However, waste and scrap of heading classified within a heading other than that of the No 8002 may not be used product ex 7616 Aluminium articles other than gauze, Manufacture in which: 8002 and 8007 Tin waste and scrap; other articles of Manufacture in which all the materials used are cloth, grill, netting, fencing, - all the materials used are classified within a tin classified within a heading other than that of the reinforcing fabric and similar materials heading other than that of the product. However, product (including endless bands) of gauze, cloth, grill, netting, fencing, reinforcing aluminium wire, and expanded metal fabric and similar materials (including endless Chapter 81 Other base metals; cermets; articles of aluminium bands) of aluminium wire, or expanded metal of thereof: aluminium may be used; - the value of all the materials used does not - Other base metals, wrought; articles Manufacture in which the value of all the materials exceed 50% of the ex-works price of the product thereof classified within the same heading, as the product used does not exceed 50% of the ex-works price of Chapter 77 Reserved for possible future use in HS the product ex Chapter 78 Lead and articles thereof; except for: Manufacture in which: - Other Manufacture in which all the materials used are - all the materials used are classified within classified within a heading other than that of the a heading other than that of the product; product - the value of all the materials used does not exceed 50% of the ex-works price of the product ex Chapter 82 Tools, implements, cutlery, spoons Manufacture in which all the materials used are and forks, of base metal; parts thereof classified within a heading other than that of the 7801 Unwrought lead: of base metal; except for: product - Refined lead Manufacture from "bullion"or "work" lead 8206 Tools of two or more of the heading Manufacture in which all the materials used are - Other Manufacture in which all the materials used are Nos 8202 to 8205, put up in sets for classified within a heading other than heading classified within a heading other than that of the retail sale Nos 8202 to 8205. However, tools of heading product. However, waste and scrap of heading Nos 8202 to 8205 may be incorporated into the No 7802 may not be used set provided their value does not exceed 15% of the ex-works price of the set

7802 Lead waste and scrap Manufacture in which all the materials used are classified within a heading other than that of the product

110 | Partnership Agreement ACP-CE 2005 revised edition | 111 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

8207 Interchangeable tools for hand tools, Manufacture in which: ex Chapter 84 Nuclear reactors, boilers, machinery Manufacture in which: whether or not power-operated, or for - all the materials used are classified within a and mechanical appliances; parts - all the materials used areclassified within machine-tools (for example, for heading other than that of the product; thereof; except for: a heading other than that of the product; pressing, stamping, punching, - the value of all the materials used does not - the value of all the materials used does not tapping, threading, drilling, boring, exceed 40% of the ex-works price of the product exceed 40% of the ex-worksprice of the product broaching, milling, turning, or screw Manufacture in which the value of all the materials driving), including dies for drawing or used does not exceed 30% of the ex-works price of extruding metal, and rock drilling or the product earth boring tools ex 8401 Nuclear fuel elements Manufacture in which all the materials used are 8208 Knives and cutting blades, for Manufacture in which: classifiedwithin a heading other thanthat of the machines or for mechanical - all the materials used are classified within a product(1) appliances heading other than that of the product; Manufacture in which the value of all the materials - the value of all the materials used does not used does not exceed 30% of the ex-works price of exceed 40% of the ex-works price of the product the final product ex 8211 Knives with cutting blades, serrated or Manufacture in which all the materials used are 8402 Steam or other vapour generating Manufacture in which: not (including pruning knives), other classified within a heading other than that of the boilers (other than central heating - all the materials used are classified within than knives of heading No 8208 product. However, knife blades and handles of base hot water boilers capable also of a heading metal maybe used producing low pressure steam); other than that of the product; super heated water boilers - the value of all thematerials used does notexceed 40% of the ex-worksprice of the product 8214 Other articles of cutlery (for example, Manufacture in which all the materials used Manufacture in which the value of all the materials hair clippers, butchers’ or kitchen are classified within a heading other than that used does not exceed 25% of the ex-works price of cleavers, choppers and mincing of the product. However, handles of base metal the product knives, paperknives); manicure or may be used pedicure sets and instruments 8403 and Central heating boilers other than Manufacture in which all the materials used are (including nail files) ex 8404 those of heading No 8402 and classified within a heading other than heading auxiliary plant for central heating No 8403 or 8404 8215 Spoons, forks, ladles, skimmers, cake- Manufacture in which all the materials used boilers Manufacture in which the value of all the materials servers, fish knives, butter-knives, are classified within a heading other than that used does not exceed 40% of the ex-works price of sugar tongs and similar kitchen or of the product. However, handles of base metal the product tableware may be used 8406 Steam turbines and other vapour Manufacture in which the value of all the materials ex Chapter 83 Miscellaneous articles ofbase metal; Manufacture in which all the materials used are turbines used does not exceed 40% of the ex-works price of except for: classified within a heading other than that of the the product product 8407 Spark-ignition reciprocating or rotary Manufacture in which the value of all the materials ex 8302 Other mountings, fittings and similar Manufacture in which all the materials used are internal combustion piston engines used does not exceed 40% of the ex-works price of articles suitable for buildings, and classified within a heading other than that of the the product automatic door closers product. However, the other materials of heading No 8302 may be used provided their value does 8408 Compression-ignition internal Manufacture in which the value of all the materials not exceed 20% of the ex-works price of the product combustion piston engines used does not exceed 40% of the ex-works price of (diesel or semi-diesel engines) the product ex 8306 Statuettes and other ornaments, of Manufacture in which all the materials used are 8409 Parts suitable for use solely or Manufacture in which the value of all the materials base metal classifiedwithin a heading other than that of the principally with the engines of used does not exceed 40% of the ex-works price of product. However, the other materials of heading heading No 8407 or 8408 the product No 8306 may be used provided their valuedoes not exceed 30% of the ex-works price of the product 8411 Turbo-jets, turbo propellers and other Manufacture in which: gas turbines - all the materials used are classified within a heading other than that of the product; - the value of all the materials used does not exceed 40% of the ex-works price of the product Manufacture in which the value of all the materials used does not exceed 25% of the ex-works price of the product

(1) This rule shall apply until 31 December 2005. 112 | Partnership Agreement ACP-CE 2005 revised edition | 113 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

8412 Other engines and motors Manufacture in which the value of all the materials 8420 Calendaring or other rolling machines, Manufacture: used does not exceed 40% of the ex-works price of other than for metals or glass, and - in which the value of all the materials used does the product cylinders therefor not exceed 40% of the ex-works price of the product; ex 8413 Rotary positive displacement pumps Manufacture in which: - where, within the above limit, the materials - all the materials used are classified within a heading classified within the same heading as the product other than that of the product; are only used up to a value of 25% of the - the value of all the materials used does not ex-works price of the product exceed 40% of the ex-works price of the product Manufacture in which the value of all the materials Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of used does not exceed 25% of the ex-works price of the product the product 8423 Weighing machinery (excluding Manufacture in which: ex 8414 Industrial fans, blowers and the like Manufacture in which: balances of a sensitivity of 5 cg or - all the materials used are classified within a - all the materials used are classified within a better), including weight operated heading other than that of the heading other than that of the product; counting or checking machines; product; - the value of all the materials used does not weighing machine weights of all kinds - the value of all the materials used does not exceed 40% of the ex-works price of the product exceed 40% of the ex-works price of the product Manufacture in which the value of all the materials Manufacture in which the value of all the materials used does not exceed 25% of the ex-works price of used does not exceed 25% of the ex-works price of the product the product

8415 Air conditioning machines, comprising Manufacture in which the value of all the materials 8425 to 8428 Lifting, handling, loading or unloading Manufacture: a motor-driven fan and elements for used does not exceed 40% of the ex-works price of machinery - in which the value of all the materials used does changing the temperature and the product not exceed 40% of the ex-works price of the humidity, including those machines in product; which the humidity cannot be - where, within the above limit, the materials separately regulated classified within heading No 8431 are only used up to a value of 10% of the ex-works price of the 8418 Refrigerators, freezers and other Manufacture in which: product refrigerating or freezing equipment, - all the materials used are Manufacture in which the value of all the materials electric or other; heat pumps other classified within a heading other than that of the used does not exceed 30% of the ex-works price of than air conditioning machines of product; the product heading No 8415 - the value of all the materials used does not exceed 40% of the ex-works price of the product; 8429 Self-propelled bulldozers, angledozers, - the value of all the non-originating materials used graders, levellers, scrapers, mechanical does not exceed the value of the originating shovels, excavators, shovel loaders, materials used tamping machines and road rollers: Manufacture in which the value of all the materials used does not exceed 25% of the ex-works price of - Road rollers Manufacture in which the value of all the materials the product used does not exceed 40% of the ex-works price of the product ex 8419 Machines for wood, paper pulp and Manufacture: paperboard industries - in which the value of all the materials used does - Other Manufacture: not exceed 40% of the ex-works price of the - in which the value of all the materials used does product; not exceed 40% of the ex-works price of the - where, within the above limit, the materials product; classified within the same heading as the product - where, within the above limit, the materials are only used up to a value of 25% of the ex-works classified within heading No 8431 are only used price of the product up to a value of 10% of the ex-works price of the Manufacture in which the value of all the materials product used does not exceed 30% of the ex-works price of Manufacture in which the value of all the materials the product used does not exceed 30% of the ex-works price of the product

114 | Partnership Agreement ACP-CE 2005 revised edition | 115 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

8430 Other moving, grading, levelling, Manufacture: - where the value of all the non-originating scraping, excavating, tamping, - in which the value of all the materials used does materials used in assembling the head (without compacting, extracting or boring not exceed 40% of the ex-works price of the motor) does not exceed the value of the machinery, for earth, mine-rals or product; originating materials used; ores; pile-drivers and pile-extractors; - where, within the above limit, the value of the - the thread tension, crochet and zigzag snow-ploughs and snow-blowers materials classified within heading No 8431 are mechanisms used are already originating only used up to a value of 10% of the ex-works price of the product - Other Manufacture in which the value of all the materials Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of used does not exceed 30% of the ex-works price of the product the product 8456 to Machine-tools and machines and their Manufacture in which the value of all the materials ex 8431 Parts suitable for use solely Manufacture in which the value of all the materials 8466 parts and accessories of headings used does not exceed 40% of the ex-works price of or principally with road rollers used does not exceed 40% of the ex-works price of Nos 8456 to 8466 the product the product 8469 to 8472 Office machines (for example, Manufacture in which the value of all the materials 8439 Machinery for making pulp of fibrous Manufacture: typewriters, calculating machines, used does not exceed 40% of the ex-works price of cellulosic material or for making or - in which the value of all the materials used does automatic data processing machines, the product finishing paper or paperboard not exceed 40% of the ex-works price of the duplicating machines, stapling product; machines) - where, within the above limit, the materials classified within the same heading as the product 8480 Moulding boxes for metal foundry; Manufacture in which the value of all the materials are only used up to a value of 25% of the ex-works mould bases; moulding patterns; used does not exceed 50% of the ex-works price of price of the product moulds for metal (other than ingot the product Manufacture in which the value of all the materials moulds), metal carbides, glass, used does not exceed 30% of the ex-works price of mineral materials, rubber or plastics the product 8482 Ball or roller bearings Manufacture in which: 8441 Other machinery for making up paper Manufacture: - all the materials used are classified within a pulp, paper or paperboard, including - in which the value of all the materials used does heading other than that of the cutting machines of all kinds not exceed 40% of the ex-works price of the product; product; - the value of all the materials used does not - where, within the above limit, the materials exceed 40% of the ex-works price of the product classified within the same heading as the product Manufacture in which the value of all the materials are only used up to a value of 25% of the ex-works used does not exceed 25% of the ex-works price of price of the product the product Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of the product 8484 Gaskets and similar joints of metal Manufacture in which the value of all the materials sheeting combined with other used does not exceed 40% of the ex-works price of 8444 to 8447 Machines of these headings Manufacture in which the value of all the materials material or of two or more layers of the product for use in the textile industry used does not exceed 40% of the ex-works price of metal; sets or assortments of gaskets the product and similar joints, dissimilar in composition, put up in pouches, ex 8448 Auxiliary machinery for use with Manufacture in which the value of all the materials envelopes or similar packings; machines of headings Nos 8444 and used does not exceed 40% of the ex-works price of mechanical seals 8445 the product 8485 Machinery parts, not containing Manufacture in which the value of all the materials 8452 Sewing machines, other than book- electrical connectors, insulators, coils, used does not exceed 40% of the ex-works price of sewing machines of heading No8440; contacts or other electrical features, the product furniture, bases and covers specially not specified or included elsewhere in designed for sewing machines; this Chapter sewing machine needles:

- Sewing machines (lockstitch only) Manufacture: with heads of a weight not exceeding - in which the value of all the materials used does 16 kg without motor or 17 kg with not exceed 40% of the ex-works price of the motor product;

116 | Partnership Agreement ACP-CE 2005 revised edition | 117 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4) ex Chapter 85 Electrical machinery and equipment Manufacture in which 8520 Magnetic tape recorders and other Manufacture: and parts thereof; sound recorders - all the materials used are classified within a sound recording apparatus, whether - in which the value of all the materials used does and reproducers, television image and heading other than that of the product; or not incorporating a sound- not exceed 40% of the ex-works price of the sound recorders and reproducers, and - the value of all the materials used does not reproducing device product; parts and accessories of such articles; exceed 40% of the ex-works price of the product - where the value of all the non-originating materials except for: Manufacture in which the value of all the materials used does not exceed the value of the originating used does not exceed 30% of the ex-works price of materials used the product Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of the product 8501 Electric motors and generators Manufacture: (excluding generating sets) - in which the value of all the materials used does 8521 Video recording or reproducing Manufacture: not exceed 40% of the ex-works price of the apparatus, whether or not - in which the value of all the materials used does product; incorporating a video tuner not exceed 40% of the ex-works price of the - where, within the above limit, the materials product; classified within heading No 8503 are only used - where the value of all the non-originating materials up to a value of 10% of the ex-works price of the used does not exceed the value of the originating product materials used Manufacture in which the value of all the materials Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of used does not exceed 30% of the ex-works price of the product the product

8502 Electric generating sets and rotary Manufacture: 8522 Parts and accessories suitable Manufacture in which the value of all the materials converters - in which the value of all the materials used does for use solely or principally with used does not exceed 40% of the ex-works price of not exceed 40% of the ex-works price of the the apparatus of heading Nos 8519 the product product; to 8521 - where, within the above limit, the materials classified within heading No 8501 or 8503, taken 8523 Prepared unrecorded media for sound Manufacture in which the value of all the materials together, are only used up to a value of 10% of the recording or similar recording of other used does not exceed 40% of the ex-works price of ex-works price of the product phenomena, other than products of the product Manufacture in which the value of all the materials Chapter 37 used does not exceed 30% of the ex-works price of the product 8524 Records, tapes and other recorded media for sound or other similarly ex 8504 Power supply units for automatic Manufacture in which the value of all the materials recorded phenomena, including data-processing machines used does not exceed 40% of the ex-works price of matrices and masters for the the product production of records, but excluding ex 8518 Microphones and stands therefor; Manufacture: products of Chapter 37: loudspeakers, whether or not - in which the value of all the materials used does mounted in their enclosures; audio- not exceed 40% of the ex-works price of the - Matrices and masters Manufacture in which the value of all the materials frequency electric amplifiers; electric product; for the production of records used does not exceed 40% of the ex-works price of sound amplifier sets - where the value of all the non-originating materials the product used does not exceed the value of the originating materials used - Other Manufacture: Manufacture in which the value of all the materials - in which the value of all the materials used does used does not exceed 25% of the ex-works price of not exceed 40% of the ex-works price of the the product product; - where, within the above limit, the materials 8519 Turntables (record-decks), record Manufacture: classified within heading No 8523 are only used players, cassette- players and other - in which the value of all the materials used does up to a value of 10% of the ex-works price of the sound reproducing apparatus, not not exceed 40% of the ex-works price of the product incorporating a sound recording product; Manufacture in which the value of all the materials device - where the value of all the non-originating materials used does not exceed 30% of the ex-works price of used does not exceed the value of the originating the product materials used Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of the product

118 | Partnership Agreement ACP-CE 2005 revised edition | 119 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

8525 Transmission apparatus for radio- Manufacture: - where the value of all the non-originating telephony, radio-telegraphy, radio- - in which the value of all the materials used does materials used does not exceed the value broadcasting or television, whether or not exceed 40% of the ex-works price of the of the originating materials used not incorporating reception apparatus product; Manufacture in which the value of all the materials or sound recording or reproducing - where the value of all the non-originating materials used does not exceed 25% of the ex-works price of apparatus; television cameras; still used does not exceed the value of the originating the product image video cameras and other video materials used camera recorders Manufacture in which the value of all the materials 8535 and 8536 Electrical apparatus for switching Manufacture: used does not exceed 25% of the ex-works price of or protecting electrical circuits, - in which the value of all the materials used does the product or for making connections to not exceed 40% of the ex-works price of the or in electrical circuits product; 8526 Radar apparatus, radio navigational Manufacture: - where, within the above limit, the materials aid apparatus and radio remote - in which the value of all the materials used does classified within heading No 8538 are only used control apparatus not exceed 40% of the ex-works price of the up to a value of 10% of the ex-works price of the product; product - where the value of all the non-originating materials Manufacture in which the value of all the materials used does not exceed the value of the originating used does not exceed 30% of the ex-works price of materials used the product Manufacture in which the value of all the materials used does not exceed 25% of the ex-works price of 8537 Boards, panels, consoles, desks, Manufacture: the product cabinets and other bases, equipped - in which the value of all the materials used does with two or more apparatus of not exceed 40% of the ex-works price of the 8527 Reception apparatus for Manufacture: heading No 8535 or 8536, for electric product; radiotelephony, radiotelegraphy or - in which the value of all the materials used does control or the distribution of - where, within the above limit, the materials radio broadcasting, whether or not not exceed 40% of the ex-works price of the electricity, including those classified within heading No 8538 are only used combined, in the same housing, with product; incorporating instruments or up to a value of 10% of the ex-works price of the sound recording or reproducing - where the value of all the non-originating apparatus of Chapter 90, and product apparatus or a clock materials used does not exceed the value of the numerical control apparatus, other Manufacture in which the value of all the materials originating materials used than switching apparatus of heading used does not exceed 30% of the ex-works price of Manufacture in which the value of all the materials No 8517 the product used does not exceed 25% of the ex-works price of the product ex 8541 Diodes, transistors and similar semi- Manufacture in which: conductor devices, except wafers not - all the materials used reclassified within 8528 Reception apparatus for television, Manufacture: yet cut into chips a heading other than that of the product; whether or not incorporating - in which the value of all the materials used does - the value of all the materials used does not radiobroadcast receivers or sound not exceed 40% of the ex-works price of the exceed 40% of the ex-works price of the product or video recording or reproducing product; Manufacture in which the value of all the materials apparatus; video monitors and - where the value of all the non-originating materials used does not exceed 25% of the ex-works price of video projectors used does not exceed the value of the originating the product materials used Manufacture in which the value of all the materials 8542 Electronic integrated circuits Manufacture: used does not exceed 25% of the ex-works price of and microassemblies - in which the value of all the materials used does the product not exceed 40% of the ex-works price of the product; 8529 Parts suitable for use solely or - where, within the above limit, the materials principally with the apparatus of classified within heading No 8541 or 8542, taken heading Nos 8525 to 8528: together, are only used up to a value of 10% of the ex-works price of the product - Suitable for use solely or principally Manufacture in which the value of all the materials Manufacture in which the value of all the materials with video recording or reproducing used does not exceed 40% of the ex-works price of used does not exceed 25% of the ex-works price of apparatus the product the product

- Other Manufacture: - in which the value of all the materials used does not exceed 40% of the ex-works price of the product;

120 | Partnership Agreement ACP-CE 2005 revised edition | 121 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

8544 Insulated (including enameled or Manufacture in which the value of all the materials ex Chapter 87 Vehicles other than railway or Manufacture in which the value of all the materials anodized) wire, cable (including used does not exceed 40% of the ex-works price of tramway rolling stock, and parts used does not exceed 40% of the ex-works price of coaxial cable) and other insulated the product and accessories thereof; except for: the product electric conductors, whether or not fitted with connectors; optical fiber 8709 Works trucks, self-propelled, not fitted Manufacture in which: cables, made-up of individually with lifting or handling equipment, - all the materials used are classified within a sheathed fibers, whether or not of the type used in factories, heading other than that of the product; assembled with electric conductors warehouses, dock areas or airports - the value of all the materials used does not or fitted with connectors for short distance transport of goods; exceed 40% of the ex-works price of the product tractors of the type used on railway Manufacture in which the value of all the materials 8545 Carbon electrodes, carbon brushes, Manufacture in which the value of all the materials station platforms; parts of the used does not exceed 30% of the ex-works price of lamp carbons, battery carbons and used does not exceed 40% of the ex-works price of foregoing vehicles the product other articles of graphite or other the product carbon, with or without metal, of a 8710 Tanks and other armoured fighting Manufacture in which: kind used for electrical purposes vehicles, motorized, whether or not - all the materials used are classified within fitted with weapons, and parts of such a heading other than that of the product; 8546 Electrical insulators of any material Manufacture in which the value of all the materials vehicles - the value of all the materials used does not used does not exceed 40% of the ex-works price of exceed 40% of the ex-works price of the product the product Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of 8547 Insulating fittings for electrical Manufacture in which the value of all the materials the product machines, appliances or equipment, used does not exceed 40% of the ex-works price of being fittings wholly of insulating the product 8711 Motorcycles (including mopeds) and materials apart from any minor cycles fitted with an auxiliary motor, components of metal (for example, with or without side-cars; side-cars: threaded sockets) incorporated during moulding solely for purposes of - With reciprocating internal assembly other than insulators of combustion piston engine heading No 8546; electrical conduit of a cylinder capacity: tubing and joints therefore, of base metal lined with insulating material - Not exceeding 50 cc Manufacture: - in which the value of all the materials used does 8548 Waste and scrap of primary cells, Manufacture in which the value of all the materials not exceed 40% of the ex- works price of the primary batte-ries and electric used does not exceed 40% of the ex-works price of product; accumulators; spent primary cells, the product - where the value of all the non-originating materials spent primary batteries and spent used does not exceed the value of the originating electric accumulators; electrical materials used parts of machinery or apparatus, Manufacture in which the value of all the materials not specified or included elsewhere used does not exceed 20% of the ex-works price of in this Chapter the product ex Chapter 86 Railway or tramway locomotives, Manufacture in which thevalue of all the materials - Exceeding 50 cc Manufacture: rolling-stock and parts thereof; used does not exceed 40% of the ex-works price of - in which the value of all the materials used does railway or tramway track fixtures and the product not exceed 40% of the ex-works price of the fittings and parts thereof; mechanical product; (including electro-mechanical) traffic - where the value of all the non-originating signaling equipment of all kinds; materials used does not exceed the value of the except for: originating materials used Manufacture in which the value of all the materials 8608 Railway or tramway track fixtures and Manufacture in which: used does not exceed 25% of the ex-works price of fittings; mechanical (including electro- - all the materials used are classified within a the product mechanical) signaling, safety or traffic heading other than that of the product; control equipment for railways, - the value of all the materials used does not tramways, roads, inland waterways, exceed 40% of the ex-works price of the product parking facilities, port installations or Manufacture in which the value of all the materials airfields; parts of the foregoing used does not exceed 30% of the ex-works price of the product

122 | Partnership Agreement ACP-CE 2005 revised edition | 123 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

- Other Manufacture: Chapter 89 Ships, boats and floating structures Manufacture in which all the materials used are - in which the value of all the materials used does classified within a heading other than that of the not exceed 40% of the ex-works price of the product. However, hulls of heading No 8906 may product; not be used - where the value of all the non-originating Manufacture in which the value of all the materials materials used does not exceed the value of the used does not exceed 40% of the ex-works price of originating materials used the product Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of ex Chapter 90 Optical, photographic, Manufacture in which: the product cinematographic, measuring, - all the materials used are classified within checking, precision, medical or a heading other than that of the product; ex 8712 Bicycles without ball bearings Manufacture from materials not classified in surgical instruments and apparatus; - the value of all the materials used does not heading No 8714 parts and accessories thereof; exceed 40% of the ex-works price of the product Manufacture in which the value of all the materials except for: Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of used does not exceed 30% of the ex-works price of the product the product

8715 Baby carriages and parts thereof Manufacture in which: 9001 Optical fibers and optical fiber Manufacture in which the value of all the materials - all the materials used are classified within a bundles; optical fiber cables other used does not exceed 40% of the ex-works price of heading other than that of the product; than those of heading No 8544; the product - the value of all the materials used does not sheets and plates of polarizing exceed 40% of the ex-works price of the product material; lenses (including contact Manufacture in which the value of all the materials lenses), prisms, mirrors and other used does not exceed 30% of the ex-works price of optical elements, of any material, the product unmounted, other than such elements of glass not optically worked 8716 Trailers and semi-trailers; other Manufacture in which: vehicles, not mechanically propelled; - all the materials used are classified within a heading 9002 Lenses, prisms, mirrors and other Manufacture in which the value of all the materials parts thereof other than that of the product; optical elements, of any material, used does not exceed 40% of the ex-works price of - the value of all the materials used does not mounted, being parts of or fittings for the product exceed 40% of the ex-works price of the product instruments or apparatus, other than Manufacture in which the value of all the materials such elements of glass not optically used does not exceed 30% of the ex-works price of worked the product 9004 Spectacles, goggles and the like, Manufacture in which the value of all the materials ex Chapter 88 Aircraft, spacecraft, and parts thereof; Manufacture in which all the materials used are corrective, protective or other used does not exceed 40% of the ex-works price of except for: classified within a heading other than that of the the product product Manufacture in which the value of all the materials ex 9005 Binoculars, monoculars, other optical Manufacture in which: used does not exceed 40% of the ex-works price of telescopes, and mountings therefor, - all the materials used are classified within the product except for astronomical refracting a heading other than that of the product; telescopes and mountings therefore - the value of all the materials used does not ex 8804 Rotochutes Manufacture from materials of any heading exceed 40% including other materials of heading No 8804 of the ex-works price of the product; Manufacture in which the value of all the materials - the value of all the non-originating materials used used does not exceed 40% of the ex-works price of does not exceed the value of the originating the product materials used Manufacture in which the value of all the materials 8805 Aircraft launching gear; deck-arrestor Manufacture in which all the materials used are used does not exceed 30% of the ex-works price of or similar gear; ground flying trainers; classified within a heading other than that of the the product parts of the foregoing articles product Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of the product

124 | Partnership Agreement ACP-CE 2005 revised edition | 125 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4) ex 9006 Photographic (other than Manufacture in which: 9017 Drawing, marking-out or mathematical Manufacture in which the value of all the materials cinematographic) cameras; - all the materials used are classified within calculating instruments (for example, used does not exceed 40% of the ex-works price of photographic flashlight apparatus a heading other than that of the product; drafting machines, pantographs, the product and flashbulbs other than electrically - the value of all the materials used does not protractors, drawing sets, slide rules, ignited flashbulbs exceed 40% of the ex-works price of the product; disc calculators); instruments for - the value of all the non-originating materials used measuring length, for use in the hand does not exceed the value of the originating (for example, measuring rods and materials used tapes, micrometers, calipers), not Manufacture in which the value of all the materials specified or included elsewhere in used does not exceed 30% of the ex-works price of this Chapter the product 9018 Instruments and appliances used in 9007 Cinematographic cameras Manufacture in which: medical, surgical, dental or veterinary and projectors, whether or not - all the materials used are classified within sciences, including scintigraphic incorporating sound recording a heading other than that of the product; apparatus, other electro-medical or reproducing apparatus - the value of all the materials used does not apparatus and sight-testing exceed 40% of the ex-works price of the product; instruments: - the value of all the non-originating materials used does not exceed the value of the originating - Dentists’ chairs incorporating dental Manufacture from materials of any heading, materials used appliances or dentists’ spittoons including other materials of heading No 9018 Manufacture in which the value of all the materials Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of used does not exceed 40% of the ex-works price of the product the product

9011 Compound optical microscopes, Manufacture in which: - Other Manufacture in which: including those forphotomicrography, - all the materials used are classified within - all the materials used reclassified within a cinephotomicrography or a heading other than that of the product; heading other than that of the product; microprojection - the value of all the materials used does not - the value of all the materials used does not exceed 40% of the ex-works price of the product; exceed 40% of the ex-works price of the product - the value of all the non-originating materials used Manufacture in which the value of all the materials does not exceed the value ofthe originating used does not exceed 25% of the ex-works price of materials used the product Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of 9019 Mechano-therapy appliances; Manufacture in which: the product massage apparatus; psychological - all the materials used reclassified within aptitude-testing apparatus; ozone a heading other than that of the product; ex 9014 Other navigational instruments and Manufacture in which the value of all the materials therapy, oxygen therapy, aerosol - the value of all the materials used does not appliances used does not exceed 40% of the ex-works price of therapy, artificial respiration or other exceed 40% of the ex-works price of the product the product therapeutic respiration apparatus Manufacture in which the value of all the materials used does not exceed 25% of the ex-works price of 9015 Surveying (including Manufacture in which the value of all the materials the product photogrammetrical surveying), used does not exceed 40% of the ex-works price of hydrographic, oceanographic, the product 9020 Other breathing appliances and gas Manufacture in which: hydrological, meteorological masks, excluding protective masks - all the materials used are classified within or geophysical instruments and having neither mechanical parts nor a heading other than that of the appliances, excluding compasses; replaceable filters product; rangefinders - the value of all the materials used does not exceed 40% of the ex-works price of the product 9016 Balances of a sensitivity of 5 cg Manufacture in which the value of all the materials Manufacture in which the value of all the materials or better, with or without weights used does not exceed 40% of the ex-works price of used does not exceed 25% of the ex-works price of the product the product

9024 Machines and appliances for testing Manufacture in which the value of all the materials the hardness, strength, used does not exceed 40% of the ex-works price of compressibility, elasticity or other the product mechanical properties of materials (for example, metals, wood, textiles, paper, plastics)

126 | Partnership Agreement ACP-CE 2005 revised edition | 127 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

9025 Hydrometers and similar floating Manufacture in which the value of all the materials 9030 Oscilloscopes, spectrum analyzers Manufacture in which the value of all the materials instruments, thermometers, used does not exceed 40% of the ex-works price of and other instruments and apparatus used does not exceed 40% of the ex-works price of pyrometers, barometers, hygrometers the product for measuring or checking electrical the product and psychrometers, recording or not, quantities, excluding meters of and any combination of these heading No 9028; instruments and instruments apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or 9026 Instruments and apparatus for Manufacture in which the value of all the materials other ionizing radiations measuring or checking the flow, level, used does not exceed 40% of the ex-works price of pressure or other variables of liquids the product 9031 Measuring or checking instruments, Manufacture in which the value of all the materials or gases (for example, flow meters, appliances and machines, used does not exceed 40% of the ex-works price of level gauges, manometers, heat not specified or included elsewhere the product meters), excluding instruments and in this Chapter; profile projectors apparatus of heading No 9014, 9015, 9028 or 9032 9032 Automatic regulating or controlling Manufacture in which the value of all the materials instruments and apparatus used does not exceed 40% of the ex-works price of 9027 Instruments and apparatus for Manufacture in which the value of all the materials the product physical or chemical analysis (for used does not exceed 40% of the ex-works price of example, polarimeters, the product 9033 Parts and accessories Manufacture in which the value of all the materials refractometers, spectrometers, gas (not specified or included elsewhere used does not exceed 40% of the ex-works price of or smoke analysis apparatus); in this Chapter) for machines, the product instruments and apparatus for appliances, instruments or apparatus measuring or checking viscosity, of Chapter 90 porosity, expansion, surface tension or the like; instruments and apparatus ex Chapter 91 Clocks and watches and parts thereof; Manufacture in which the value of all the materials for measuring or checking quantities except for: used does not exceed 40% of the ex-works price of of heat, sound or light (including the product exposure meters); microtomes 9105 Other clocks Manufacture: 9028 Gas, liquid or electricity supply - in which the value of althea materials used does or production meters, including not exceed 40% of the ex-works price of the calibrating meters therefor: product; - where the value of all the non-originating - Parts and accessories Manufacture in which the value of all the materials materials used does not exceed the value used does not exceed 40% of the ex-works price of of the originating materials used the product Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of - Other Manufacture: the product - in which the value of all the materials used does not exceed 40% of the ex-works price of the 9109 Clock movements, Manufacture: product; complete and assembled - in which the value of all the materials used does - where the value of all the non-originating not exceed 40% of the ex-works price of the materials used does not exceed the value of the product; originating materials used - where the value of all the non-originating Manufacture in which the value of all the materials materials used does not exceed the value of the used does not exceed 30% of the ex-works price of originating materials used the product Manufacture in which the value of all the materials used does not exceed 30% of the ex-works price of 9029 Revolution counters, production Manufacture in which the value of all the materials the product counters, taximeters, mileometers, used does not exceed 40% of the ex-works price of pedometers and the like; speed the product indicators and tachometers, other than those of heading Nos 9014 or 9015; stroboscopes

128 | Partnership Agreement ACP-CE 2005 revised edition | 129 HS heading n° Description of product Working or processing carried out HS heading n° Description of product Working or processing carried out on non-originating materials on non-originating materials that confers originating status that confers originating status (1) (2) (3) or (4) (1) (2) (3) or (4)

9110 Complete watch or clock movements, Manufacture: ex 9401 and Base metal furniture, incorporating Manufacture in which all the materials used are unassembled or partly assembled - in which the value of all the materials used does ex 9403 unstuffed cotton cloth of a weight classified in a heading other than that of the (movement sets); incomplete watch not exceed 40% of the ex-works price of the of 300 g/m2 or less product or clock movements, assembled; product; or rough watch or clock movements - where, within the above limit, the materials Manufacture from cotton cloth already made up in classified within heading No 9114 are only used a form ready for use of heading No 9401 or 9403, up to a value of 10% of the ex-works price of the provided: product - its value does not exceed 25% of the ex-works Manufacture in which the value of all the materials price of the product; used does not exceed 30% of the ex-works price of - all the other materials use dare already the product originating and are classified in a heading other than heading No 9401 or 9403 9111 Watch cases and parts thereof Manufacture in which: Manufacture in which the value of all the materials - all the materials used are classified within used does not exceed 40% of the ex-works price of a heading other than that of the product; the product - the value of all the materials used does not exceed 40% of the ex-works price of the product 9405 Lamps and lighting fittings including Manufacture in which the value of all the materials Manufacture in which the value of all the materials searchlights and spotlights and parts used does not exceed 50% of the ex-works price of used does not exceed 30% of the ex-works price of thereof, not elsewhere specified or the product the product included; illuminated signs, illuminated name-plates and the like, 9112 Clock cases and cases of a similar Manufacture in which: having a permanently fixed light type for other goods of this Chapter, - all the materials used are classified within source, and parts thereof not and parts thereof a heading other than that of the product; elsewhere specified or included - the value of all the materials used does not exceed 40% of the ex-works price of the product 9406 Prefabricated buildings Manufacture in which the value of all the materials Manufacture in which the value of all the materials used does not exceed 50% of the ex-works price of used does not exceed 30% of the ex-works price of the product the product ex Chapter 95 Toys, games and sports requisites; Manufacture in which all the materials used are 9113 Watch straps, watchbands and watch parts and accessories thereof; except classified within a heading other than that of the bracelets, and parts thereof: for: product

- Of base metal, whether or not gold- Manufacture in which the value of all the materials 9503 Other toys; reduced-size("scale") Manufacture in which: or silver-plated, or of metal clad with used does not exceed 40% of the ex-works price of models and similar recreational - all the materials used are classified within a precious metal the product models, working or not; puzzles heading other than that of the product; of all kinds - the value of all the materials used does not - Other Manufacture in which the value of all the materials exceed 50% of the ex-works price of the product used does not exceed 50% of the ex-works price of the product ex 9506 Golf clubs and parts thereof Manufacture in which all the materials used are classified within a heading other than that of the Chapter 92 Musical instruments; parts and Manufacture in which the value of all the materials product. accessories of such articles used does not exceed 40% of the ex-works price of However, roughly shaped blocks for making golf the product club heads may be used

Chapter 93 Arms and ammunition; parts and Manufacture in which the value of all the materials ex Chapter 96 Miscellaneous manufactured articles; Manufacture in which all the materials used are accessories thereof used does not exceed 50% of the ex-works price of except for: classified within a heading other than that of the the product product ex Chapter 94 Furniture; bedding, mattresses, Manufacture in which all the materials used are ex 9601 and Articles of animal, vegetable or Manufacture from "worked” carving materials mattress supports, cushions and classified within a heading other than that of the ex 9602 mineral carving materials of the same heading similar stuffed furnishings; lamps and product lighting fittings, not elsewhere Manufacture in which the value of all the materials ex 9603 Brooms and brushes (except for Manufacture in which the value of all the materials specified or included; illuminated used does not exceed 40% of the ex works price of besoms and the like and brushes used does not exceed 50% of the ex-works price signs, illuminated nameplates and the the product made from marten or squirrel hair), of the product like; prefabricated buildings; except hand-operated mechanical floor for: sweepers, not motorized, paint pads and rollers, squeegees and mops

130 | Partnership Agreement ACP-CE 2005 revised edition | 131 HS heading n° Description of product Working or processing carried out on non-originating materials that confers originating status (1) (2) (3) or (4)

9605 Travel sets for personal toilet, sewing Each item in the set must satisfy the rule, which or shoe or clothes cleaning would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided their total value does not exceed 15% of the ex-works price of the set

9606 Buttons, press-fasteners, snap- Manufacture in which: fasteners and press-studs, button - all the materials used are classified within moulds and other parts of these a heading other than that of the product; articles; button blanks - the value of all the materials used does not exceed 50% of the ex-works price of the product

9608 Ball-point pens; felt-tipped and other Manufacture in which all the materials used are porous-tipped pens and markers; classified within a heading other than that of the fountain pens, stylograph pens and product. other pens; duplicating stylos; However, nibs or nib-points classified within the propelling or sliding pencils; same heading may be used penholders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading No 9609

9612 Typewriter or similar ribbons, Manufacture in which: inked or otherwise prepared forgiving - all the materials used are classified within a impressions, whether or not on spools heading other than that of the product; or in cartridges; ink-pads, whether or - the value of all the materials used does not not inked, with or without boxes exceed 50% of the ex-works price of the product ex 9613 Lighters with piezo-igniter Manufacture in which the value of all the materials of heading No 9613 used does not exceed 30% of the ex-works price of the product ex 9614 Smoking pipes and pipe bowls Manufacture from roughly shaped blocks

Chapter 97 Works of art, collectors’ pieces Manufacture in which all the materials used are and antiques classified within a heading other than that of the product

132 | Partnership Agreement ACP-CE ANNEXE III ANNEXE IV TO PROTOCOL 1 TO PROTOCOL 1 Overseas Countries Form for and Territories movement certificate

Within the meaning of this Protocol "over- 1. Movement certificates EUR.1 shall be seas countries and territories" shall mean made out on the form of which a speci- the countries and territories referred to in men appears in this Annexe. This form Part Four of the Treaty establishing the shall be printed in one or more of the European Community listed below: languages in which the Agreement is drawn up. Certificates shall be made (This list does not prejudge the status of out in one of these languages and in these countries and territories, or future accordance with the provisions of the changes in their status.) domestic law of the exporting State if they are handwritten, they shall be com- 1. Country having special relations with pleted in ink and in capital letters. the Kingdom of Denmark: - Greenland. 2. Each certificate shall measure 210 x 2. Overseas territories of the French 297 mm, a tolerance of up to plus 8 mm Republic: or minus 5 mm in the length may be - New Caledonia, allowed. The paper used must be white, - French Polynesia, sized for writing, not containing - French Southern and Antarctic mechanical pulp and weighing not less Territories, than 25g/m2. It shall have a printed - Wallis and Futuna Islands. green guilloche pattern background 3. Territorial collectivities of the French making any falsification by mechanical Republic: or chemical means apparent to the eye. - Mayotte, - Saint Pierre and Miquelon. 3. The exporting States may reserve the 4. Overseas countries of the Kingdom of right to print the certificates themselves the Netherlands: or may have them printed by approved - Aruba, printers. In the latter case each - Netherlands Antilles: certificate must include a reference to - Bonaire, such approval. Each certificate must - Curaçao, bear the name and address of the printer - Saba, or a mark by which the printer can be - Sint Eustatius, identified. It shall also bear a serial - Sint Maarten. number, either printed or not, by which it 5. British overseas countries and territories : can be identified. - Anguilla, - Cayman Islands, - Falkland Islands, - South Georgia and South Sandwich Islands, - Montserrat, - Pitcairn, - Saint Helena, Ascension Island, Tristan da Cunha - British Antarctic Territory, - British Indian Ocean Territory, - Turks and Caicos Islands, - British Virgin Islands.

2005 revised edition | 133 MOVEMENT CERTIFICATE 13. Request for verification, to: 14. Result of verification 1. Exporter (name, full address, country) * EUR.1 No A 000.000 Verification carried out shows that this certificate ( ) See notes overleaf before completing this form 2. Certificate used in preferential trade between was issued by the customs office indicated and that the information contained therein is accurate.

3. Consignee (name, full address, country) (Optional) and does not meet the requirements as to authenticity and accuracy (see remarks appended).

(insert appropriate countries, groups of countries or territories) Verification of the authenticity and accurancy of this certificate is requested 4. Country, group of 5. Country, group of countries or territory in countries or territory of which the products are destination considered as originating ...... (Place and date) ...... (Place and date) 6. Transport details (Optional) 7. Remarks ...... Stamp ...... Stamp

...... (Signature) ...... 8. Item number; Marks and numbers; Number and kind of package (1); Description of goods 9. Gross mass (kg) 10.Invoices ...... (Signature) or other measure (Optional) ______(litres,m3,etc.) (*) Insert X in the appropriate box.

NOTES 1. Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the customs authorities of the issuing country or territory.

2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to 11. CUSTOMS ENDORSEMENT 12. DECLARATION BY THE EXPORTER Declaration certified make any later additions impossible. 2 I, the undersigned, declare that the goods Export document ( ) described above meet the conditions required Form...... No...... for the issue of this certificate. Customs office...... Issuing country or territory 3. Goods must be described in accordance with commercial practice and with sufficient ...... Date...... Stamp Place and date...... detail to enable them to be identified...... (Signature) ...... (Signature)

(1) If goods are not packed, indicate number of articles or state "In bulk" as appropriate (2) Complete only where the regulations of the exporting country or territory require

134 | Partnership Agreement ACP-EC 2005 revised edition | 135 APPLICATION FOR A MOVEMENT CERTIFICATE DECLARATION BY THE EXPORTER

I, the undersigned, exporter of the goods described overleaf, 1. Exporter (name, full address, country) (Optional) EUR.1 No A 000.000 See notes overleaf before completing this form 2. Application for a certificate to be used in preferential trade between DECLARE that the goods meet the conditions required for the issue of the attached certificate; 3. Consignee (name, full address, country) (Optional) and SPECIFY as follows the circumstances which have enabled these goods to meet the (insert appropriate countries or groups of countries or territories) 4. Country, group of 5. Country, group of above conditions: countries or territory in countries or territory of which the products are destination considered as originating ......

6. Transport details (Optional) 7. Remarks ......

8. Item number; Marks and numbers; Number and kind of packages (*); Description of goods 9. Gross mass (kg) 10.Invoices or other measure (Optional) (litres,m3,etc.) SUBMIT the following supporting documents(1): ......

UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;

REQUEST the issue of the attached certificate for these goods. (1) If goods are not packed, indicate number of articles or state "In bulk" as appropriate

......

(Place and date) ......

(Signature)

(1) For example, import documents, movement certificates, manufacturer’s declarations, etc. referring to the products used in manufacture or to the goods re-exported in the same state. 136 | Partnership Agreement ACP-EC 2005 revised edition | 137 ANNEXE V Greek version Portuguese version .. TO PROTOCOL 1 Ο εξαγωγεας των προιοντων που O abaixo assinado, exportador dos produ- Invoice declaration καλυπτονται απο το παρον εγγραϕο tos cobertos pelo presente documento (αδεια τελωνειου υπ αριθ. ...(1)) (autorização aduaneira n° ...(1)), declara δηλωνει οτι εκτος εαν δηλωνεται que, salvo expressamente indicado em The invoice declaration, the text of which .. σαϕως αλλως, τα προιοντα αυτα ειναι contrário, estes produtos são de origem is given below, must be made out in ac- προτιμησιακης καταγωγης ...(2). preferencial ...(2). cordance with the footnotes. However, the footnotes do not have to be reproduced. French version Finnish version English version L’exportateur des produits couverts par le Tässä asiakirjassa mainittujen tuotteiden présent document (autorisation doua- viejä (tullin lupan:o ...(1)) ilmoittaa, että The exporter of the products covered by nière n° ...(1)), déclare que, sauf indication nämä tuotteet ovat, ellei toisin ole selvästi this document (customs authorization claire du contraire, ces produits ont l’ori- merkitty, etuuskohteluun oikeutettuja ... No...(1)) declares that, except where other- gine préférentielle ...(2). alkuperätuotteita(2). wise clearly indicated, these products are of... preferential origin (2). Italian version Swedish version Spanish version L’esportatore delle merci contemplate nel Exportören av de varor som omfattas av presente documento (autorizzazione detta dokument (tullmyndighetens tills- El exportador de los productos incluidos doganale n. ... (1)) dichiara che, salvo indi- tånd nr. ...(1)) försäkrar att dessa varor, om en el presente documento (autorización cazione contraria, le merci sono di origine inte annat tydligt markerats, har förmåns- aduanera n° ... (1)) declara que, salvo indi- preferenziale ...(2). berättigande ... ursprung(2). cación en sentido contrario, estos productos gozan de un origen preferencial ... (2). Dutch version Danish version De exporteur van de goederen waarop dit document van toepassing is (douanever- Eksportøren af varer, der er omfattet af gunning nr. ...(1)) verklaart dat, behoudens nærværende dokument, (toldmyndighe- uitdrukkelijke andersluidende vermel- dernes tilladelse nr. ... (1)), erklærer, at ding, deze goederen van preferentiële varerne, medmindre andet tydeligt er ... oorsprong zijn(2). angivet, har præferenceoprindelse i ... (2)...... (3)

(Place and date) German version ...... (4) Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. ... (1), der Waren, auf die (Signature of the exporter; in sich dieses Handelspapier bezieht, addition the name of the person erklärt, dass diese Waren, soweit nicht signing the declaration has to be anders angegeben, präferenzbegünstigte indicated in clear script) ... Ursprungswaren sind (2) (1) When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorization number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank. (2) Origin of products to be indicated. When the invoice declaration relates in whole or in part, to (3) These indications may be omitted if the information products originating in Ceuta and Melilla within the is contained on the document itself. meaning of Article 39 of the Protocol, the exporter (4) See Article 19(5) of the Protocol. In cases where the must clearly indicate them in the document on exporter is not required to sign, the exemption of which the declaration is made out by means of the signature also implies the exemption of the name of symbol "CM". the signatory. 138 | Partnership Agreement ACP-EC 2005 revised edition | 139 ANNEXE VI A ANNEXE VI B TO PROTOCOL 1 TO PROTOCOL 1 Supplier declaration for products Supplier declaration for products having preferential origin status not having preferential original status

I, the undersigned, declare that the goods listed on this invoice I, the undersigned, declare that the goods listed on this invoice ...... (1) ...... (1) 1) were produced in ...... (2) were produced in ...... (2) and satisfy the rules of origin and incorporate the following components or materials which do not have ACP, OCT governing preferential trade between the ACP States and the European Community. or Community origin for preferential trade: I undertake to make available to the customs authorities, if required, evidence in ...... (3) ...... (4) support of this declaration...... (5) ...... (3) ...... (4) ...... (5) ...... (6)

I undertake to make available to the customs authorities, if required, evidence in support of this declaration...... (7) ...... (8) ...... (9)

Note

The abovementioned text, suitably completed in conformity with the footnotes below, constitutes a supplier’s declaration. The footnotes do not have to be reproduced. Note (1) If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows:"...... listed on this invoice and marked ...... were produced ...... ". If a document other than an invoice or an annexe to the invoice is The abovementioned text, suitably completed in conformity with the footnotes below, used (see Article 26(3)), the name of the document concerned shall be mentioned instead of the word "invoice". constitutes a supplier’s declaration. The footnotes do not have to be reproduced. (2) The Community, Member State, ACP State, OCT or South Africa. (3) Description is to be given in all cases. The description must be adequate and should be sufficiently detailed to allow (1) If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this the tariff classification of the goods concerned to be determined. marking entered on the declaration as follows:"...... listed on this invoice and marked ...... were produced ...... " . If a document other than an invoice or an annexe to the invoice (4) Customs values to be given only if required. is used (see Article 26(3)), the name of the document concerned shall be mentioned instead of the word "invoice". (5) Country of origin to be given only if required. The origin to be given must be a preferential origin, all other origins (2) The Community, Member State, ACP State or OCT. Where an ACP State or an OCT is given, a reference must also be to be given as "third country". made to the Community customs office holding any EUR.1 (s) concerned, giving the No of the certificate(s) (6) "and have undergone the following processing in [ the Community] [Member State] [ACP State] [OCT] [South Africa] concerned and, if possible, the relevant customs entry No involved...... , to be added with a description of the processing carried out if this informat ion is required. (3) Place and date. (7) Place and date. (4) Name and function in company. (8) Name and function in company. (5) Signature. (9) Signature.

140 | Partnership Agreement ACP-EC 2005 revised edition | 141 ANNEXE VII TO PROTOCOL 1 Information Certificate

1. The form of information certificate given in this Annexe shall be used and be printed in one or more of the official languages in which the Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting State. Information certificates shall be completed in one of those languages; if they are handwritten, they shall be completed in ink in capital letters. They shall bear a serial number, whether or not printed, by which they can be identified.

2. The information certificate shall measure 210 x 297mm, a tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper must be white, sized for writing, not containing mechanical pulp and weighing not less than 25g/m2.

3. The national administrators may reserve the right to print the forms themselves or may have them printed by printers approved by them. In the latter case, each form must include a reference to such approval. The forms shall bear the name and address of the printer or a mark by which the printer can be identified.

European Communities

1. Supplier(,) INFORMATION CERTIFICATE to facilitate the issue of a

MOVEMENT CERTIFICATE REQUEST FOR VERIFICATION RESULT OF VERIFICATION for preferential trade between the The undersigned customs official requests verification of the authenticity Verification carried out by the undersigned customs official shows that this

2. Consignee (1) and accuracy of this information certificate. information certificate: EUROPEAN a) was issued by the customs office indicated and that the information contained therein is accurate (*) COMMUNITY and b) does not meet the requirements as to authenticity and accuracy (see notes THE ACP STATES appended) (*)

3. Processor (1) 4. State in which the working or processing has been carried out ------(Place and date) (Place and date)

6. Customs office of importation (1) 5. For official use

7. Import document (2) Official Official Form ...... No ...... Series………………………….………………………………………… stamp stamp Date ------GOODS SENT TO THE MEMBER STATES OF DESTINATION ------(Official’s signature) (Official’s signature) 8. Marks, numbers, quantity 9. Harmonised Commodity Description and Coding System 10. Quantity (1) and kind of package heading/subheading number (HS code) (*) 11. Value (4) Delete where not applicable

IMPORTED GOODS USED 12. Harmonised Commodity Description and Coding System 13. Country of 14. Quantity (3) 15. Value (2)(5) heading/subheading number (HS code) origin

16. Nature of the working or processing carried out

17. Remarks

18. CUSTOMS ENDORSEMENT 19. DECLARATION BY THE SUPPLIER Declaration certified: 1, the undersigned, declare that the information CROSS REFERENCES on this certificate is accurate. Document ……………………... Form ...... No……... ------Customs office ………………...... (Place) (Date) (1) Name of individual or business and full address. Date: (2) Optional information.

Official (3) Kg, hl, m3 or other measure. Stamp (4) Packaging shall be considered as forming a whole with the goods contained therein. However, this provision shall ------...... not apply to packaging which is not of the normal type for the article packed, and which has a lasting utility value (Signature) (Signature) of its own, apart from its function as packaging. (1)(2)(3)(4)(5) See footnotes on verso (5) The value must be indicated in accordance with the provisions on rules of origin.

142 | Partnership Agreement ACP-EC 2005 revised edition | 143 ANNEXE VIII TO PROTOCOL 1 NOTES Boxes 3, 4, 5, 7: "Third country" means any country which Form for application for a derogation 1. If the boxes in the form are not suffi- is not an ACP or Community State or OCT. cient to contain all relevant information, additional pages may be attached to Box 12: the form. In this case, the mention "see annexe" shall be entered in the box If third country materials have been ANNEX VIII TO PROTOCOL 1 concerned. Form for application for a derogation worked or processed in the Community or in the OCT without obtaining origin, 2. If possible, samples or other illustrative before being further processed in the ACP 1. Commercial description of the finished product 2. Anticipated annual quantity of exports to the Community material (pictures, designs, catalogues, (weight, No of pieces, meters or State requesting the derogation, indicate 1.1 Customs classification (H.S. code) etc) of the final product and of the the working or processing carried out in other unit) materials should accompany the form. 3. Commercial description of third country materials 4. Anticipated annual quantity of third country materials to be the Community or OCT. used Customs classification (H. S. code) 3. A form shall be completed for each Box 13: 6. Value of finished products 5. Value of third country materials product covered by the request.

7. Origin of third country materials 8. Reasons why the rule of origin for the finished product can The dates to be indicated are the initial be fulfilled and final one for the period in which EUR 1 certificates may be issued under the 9. Commercial description of materials originating in 10. Anticipated annual quantity of ACP, EC or derogation. the ACP States, EC or OCT to be used OCT materials to be used

11. Value of ACP, EC or OCT materials 12. Working or processing carried out in the EC Box 18: or OCT on third country materials without obtaining origin Indicate either the percentage of added 13. Duration requested for derogation value in respect of the ex-works price of from...... to...... the product or the monetary amount of added-value for unit of product. 15. Capital structure of the firm concerned 14. Detailed description of working and processing in the ACP States: Box 19 16. Amount of investments made/foreseen If alternative sources of material exist, 17. Staff employed/expected indicate here what they are and, if possible, the reasons of cost or other reasons 18. Value added by the working or 20. Possible developments to overcome the need why they are not used. processing in the ACP States: for a derogation Box 20: 18.1 Labour: 18.2 Overheads: 18.3 Others: Indicate possible further investments or

19. Other possible sources of supply for materials 21. Observations suppliers’ differentiation which make the derogation necessary for only a limited period of time.

144 | Partnership Agreement ACP-EC 2005 revised edition | 145 CN Code Description of product Working or processing carried out on ANNEXE IX TO PROTOCOL 1 non-originating materials that confers the status List of working or processing conferring the character of ACP origin of originating products (1) (2) (3) on a product obtained when working or processing is carried out on - other Manufacture from: textile materials originating in developing countries referred to in - natural fibres not carded or combed or otherwise Article 6(11) of this Protocol processed for spinning, - grege silk or silk waste - chemical materials or textile pulp, or man-made staple fibres, filament tow or waste of fibres, not carded or combed or otherwise prepared for spinning

Textiles and textile articles falling within Section XI Woven fabrics, other than fabrics of paper yarn:

- printed or dyed Manufacture from yarn or Printing

dyeing of unbleached or prebleached fabrics, accompanied by preparatory or finishing operations (1) (2) CN Code Description of product Working or processing carried out on non-originating materials that confers the status - other Manufacture from yarn of originating products (1) (2) (3) 5601 Wadding of textile materials and articles therof; Manufacture from fibres textile fibres not exceeding 5 mm in length (flock), ex 5101 Wool, not carded or combed textile dust and mill neps

- degreased, not carbonized Manufacture from greasy, including piece-wasted 5602 Felt, whether or not impregnated, coated, covered wool, the value of which does not exceed 50% of or laminated: the ex-works price of the product - printed or dyed Manufacture from fibres - carbonized Manufacture from degreased wool, not carbonized the value of which does not or exceed 50% of the ex-works price of the product Printing or dyeing of unbleached or prebleached ex 5103 Waste of wool or of fine or coarse animal hair, Manufacture from non-carbonized waste, fabrics, accompanied by preparatory or finishing carbonized the value of which does not exceed 50% operations (1) (2) of the ex-works price of the product - impregnated, coated, covered or laminated Impregnation, coating, covering or laminating of ex 5201 Cotton, not carded or combed, bleached Manufacture from raw cotton, the value of which non-wovens, unbleached (3) does not exceed 50% of the ex-works price of the product - other Manufacture from fibres

5501 to 5507 Man-made staple fibres 5603 Non-wovens, whether or not impregnated, coated, covered or laminated - not carded or combed or otherwise processed Manufacture from chemical materials or textile pulp for spinning - Printed or dyed Manufacture from fibres - carded or combed or other, Manufacture from chemical materials or textile pulp or waste falling within CN code 5505 or

ex Chapter 50 Yarn monofilament and thread, Manufacture from: Printing or dyeing of unbleached or prebleached to Chapter 55 other than paper yarn: - natural fibres not carded or combed fabrics, accompanied by preparatory or finishing or otherwise processed for spinning, operations (1) (2) - chemical materials or textile pulp, or - paper making materials - impregnated, coated, covered or laminated Impregnation, coating, covering or laminating of non-wovens, unbleached (3) - printed or dyed Manufacture from: - natural fibres not carded or combed - other Manufacture from fibres or otherwise processed for spinning, - grege silk or silk waste 5604 Rubber thread and cord, textile covered; textile - chemical materials or textile pulp, or man- yarn, and strip and the like of heading No 5404 or made staple fibres, filament tow or waste of 5405, impregnated, coated, covered or sheathed fibres, not carded or combed or otherwise pre- with rubber or plastics: pared for spinning - Rubber thread and cord, textile covered Manufacture from rubber thread or cord, or not textile covered

Printing or dyeing of yarn or monofilaments, - other Impregnation, coating, covering or sheathing of unbleached or prebleached (1), accompanied textile yarn and strip and the like, unbleached by preparatory or finishing operations, twisting or texturizing not being considered as such, 5607 Twine cordage, rope and cables, whether Manufacture from fibres, coir yarn, synthetic the value of the non-originating material or not plaited or braided and whether or or artificial filament yarn or monofilament (including yarn), not exceeding 48% of not impregnated, coated, covered or sheathed the ex-works price of the product with rubber or plastics

146 | Partnership Agreement ACP-CE 2005 revised edition | 147 CN Code Description of product Working or processing carried out on CN Code Description of product Ouvraison ou transformation appliquée à non-originating materials that confers the status des matières non originaires confère le caractère of originating products de produit originaire (1) (2) (3) (1) (2) (3)

5609 Articles of yarn, strip or the like falling with Manufacture from fibres, coir yarn, synthetic or 5904 Linoleum, whether or not cut to shape; floor cov- Manufacture from unbleached fabrics, CN codes 5404 or 5405, twine, cordage, rope artificial filament yarn or monofilament erings consisting of a coating or covering applied felt or non-wovens or cables, not elsewhere specified or included on a textile backing, whether or not cut to shape

5704 Carpets and other textile floor coverings: Manufacture from fibres 5905 Textile wall coverings Manufacture from unbleached fabrics

or ex Chaptre 58 Special woven fabrics; tufted textile fabrics; Printing or dyeing of unbleached or prebleached lace; tapestries; trimmings; embroidery; fabrics, accompanied by preparatory or finishing operations (1) (2) - embroidery in the piece, in strips or in motifs Manufacture in which the value of the materials (CN code 5810) used does not exceed 50% of the ex-works price of the product 5906 Rubberized textile fabrics, other than those Manufacture from bleached knitted or crocheted of heading No 5902: fabrics, or from other unbleached fabrics - printed or dyed Manufacture from yarn 5907 Textile fabrics otherwise impregnated, coated or Manufacture from unbleached fabrics or covered; painted canvas, being theatrical scenery, studio backcloths or the like Printing or dyeing of unbleached or prebleached or fabrics, accompanied by preparatory or finishing operations (1) (2) Printing or dyeing of unbleached or prebleached fabrics, accompanied by preparatory or finishing - impregnated, coated or covered Manufacture from unbleached fabrics, felt or non- operations (1) (2) wovens

- other Manufacture from yarn 5908 Textile wicks, woven, plaited or knitted, for lamps, Manufacture from yarn stoves, lighters, candles and the like; incandes- 5901 Textile fabrics coated with gum or amylaceous Manufacture from unbleached fabrics cent gas mantles and tubular knitted gas mantle substances, of a kind used for the outer covers of fabric therefor, whether or not, impregnated books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations 5909 Textile hosepiping and similar textile tubing with Manufacture from yarn or fibres or without lining, amour or accessories or other 5902 Tyre cord fabric of high tenacity yarn of nylon Manufacture from yarn materials or other polyamides, polyesters or viscose rayon: 5910 Transmission or conveyor belts or belting, of tex- Manufacture from yarn or fibres 5903 Textile fabrics impregnated, coated, covered or Manufacture from unbleached fabrics tile material, whether or not reinforced with metal laminated with plastics, other than those falling or other materials within CN code 5902 or 5911 Textile products and articles, for technical uses, specified in Note 7 to Chapter 59 of the combined nomenclature: Printing or dyeing of unbleached or prebleached fabrics, accompanied by preparatory or finishing - polishing discs or rings other than of felt Manufacture from yarn, waste fabrics operations (1) (2) or rags falling within CN code 6310

- other Manufacture from yarn or fibres

148 | Partnership Agreement ACP-CE 2005 revised edition | 149 CN Code Description of product Working or processing carried out on CN Code Description of product Working or processing carried out on non-originating materials that confers the status non-originating materials that confers the status of originating products of originating products (1) (2) (3) (1) (2) (3)

Chaptre 60* Knitted or crocheted fabrics 6301 to ex Blankets and travelling rugs, bed linen, table 6306 linen, toilet linen and kitchen linen; curtains - printed or dyed Manufacture from yarn (including drapes) and interior blinds; curtain and bed valances; other furnishing articles (excluding or those falling within CN code 9494); sacks and bags of a kind used for the packing of goods; Printing or dyeing of unbleached or prebleached tarpaulins, awnings, and camping goods; fabrics, accompanied by preparatory or finishing operations (1) (2) - Of felt, of non-wovens:

- other Manufacture from yarn - not impregnated, coated, covered or laminated Manufacture from fibres

- impregnated, coated, covered or laminated Impregnation, coating, covering or laminating Chaptre 61 Articles of apparel and clothing accessories, Complete making up (4) of felt or non-wovens, unbleached (3) knitted or crocheted: - other

- obtained by sewing together or otherwise - knitted or crocheted assembling, two or more pieces of knitted or crocheted fabric which have been either - unembroidered Complete making up (4) cut to form or obtained directly to form - embroidered Complete making up (4) - Other Manufacture from yarn or

ex Chaptre 62* Articles of apparel and clothing accessories, Manufacture from yarn* Manufacture from unembroidered knitted not knitted or crocheted; except those falling or crocheted fabric provided the value of the within CN codes 6213 and 6214 for which the unembroidered knitted or crocheted fabric used rules are set out below: does not exceed 40% of the ex-works price of - not knitted or crocheted the product - finished or complete Complete making up (4) - unembroidered Manufacture from yarn - unfinished or incomplete Manufacture from yarn - embroidered Manufacture from yarn 6213 and 6214 Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like: or

-embroidered Manufacture from yarn Manufacture from unembroidered fabric provided the value of the unembroidered fabric used or does not exceed 40% of the ex-works price of the product Manufacture from unembroidered fabric provided the value of the unembroidered 6307 Other made-up textile articles, (including dress fabric used does not exceed 40% of the patterns), except for fans and hand screens, non- ex-works price of the product* mechanical, frames and handles therefor and parts of such frames and handles -Other Manufacture from yarn - floor cloths, dish cloths, dusters and the like Manufacture from yarn

- other Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of the product

6308 Sets consisting of woven fabric and yarn, whether Incorporation in a set in which the total value of or not with accessories, for making up into rugs, all the non-originating articles incorporated does tapestries, embroidered table cloths or serviettes not exceed 25% of the ex-works price of the set or similar textile articles, put up in packings for retail sale

(1) The term "prebleached", used in the list in Annexe IX to characterize the level of manufacture required when certain non- originating materials are used, applies to certain yarns, woven fabrics and knitted or crocheted fabrics which have only been washed after the spinning or weaving operation. (2) However, to be regarded as a working or processing conferring origin, thermoprinting has to be accompanied by printing of the transfer paper. (3) The term "Impregnation, coating, covering or laminating" does not cover those operations designed to bind fabrics together. (4) The term "complete making-up" used in the list in Annexe IX means that all the operations following cutting of the fabric or knitting or crocheting of the fabric directly to shape have to be performed.

* see also the products excluded from the derogation procedure listed in ANNEXE X.

150 | Partnership Agreement ACP-CE 2005 revised edition | 151 However, making-up shall not necessarily be considered as incomplete where one or more efinishing operations have not been carried out. ANNEXE X TO PROTOCOL 1 Textile products excluded from the cumulation procedure The following is a list of examples of finishing operations: with certain developing countries referred to - fitting of buttons and/or other types of fastenings, in Article 6(11) of this Protocol

- making of button-holes, 6101 10 90 Jerseys, pullovers, slip-overs, waistcoats, twinsets, cardigans, - finishing off the ends of trouser legs and sleeves or 6101 20 90 bed-jackets and jumpers (other than jackets and blazers), anoraks, the bottom hemming of skirts anddresses, 6101 30 90 windcheaters, waister jackets and the like, knitted or crocheted - fitting of trimmings and accessories such as pockets, labels, badges, etc, 6102 10 90 6102 20 90 - ironing and other preparations of garments for sale "ready made". 6102 30 90 Remarks concerning finishing operations – Special cases 6110 10 10 6110 10 31 It is possible that in particular manufacturing operations, the accomplishment of finishing 6110 10 35 operations, especially in the case of a combination of operations, is of such importance 6110 10 38 that these operations must be considered as going beyond simple finishing. In these 6110 10 91 particular cases, the non-accomplishing of finishing operations will deprive the making- 6110 10 95 up of its complete nature. 6110 10 98 6110 20 91 6110 20 99 6110 30 91 6110 30 99

6203 41 10 Men’s or boys’woven breeches, shorts other than swimwear and trousers 6203 41 90 (including slacks); women’s or girls’woven trousers and slacks, of 6203 42 31 wool, of cotton or of man-made fibres, lower parts of tracksuits with 6203 42 33 lining, other than category 16 or 29, of cotton or of man-made fibres 6203 42 35 6203 42 90 6203 43 19 6203 43 90 6203 49 19 6203 49 50

6204 61 10 6204 62 31 6204 62 33 6204 62 39 6204 63 18 6204 69 18

6211 32 42 6211 33 42 6211 42 42 6211 43 42

152 | Partnership Agreement ACP-CE 2005 revised edition | 153 ANNEXE XI TO PROTOCOL 1 29034100 29054100 29152100 29034200 29054200 29152200 Products for which the cumulation provisions 29034300 29054910 29152300 with South Africa referred to in Article 6(3) apply after 3 years 29034410 29054951 29152400 29034490 29054959 29152900 from the provisional application of the Agreement on Trade, 29034510 29054990 29153100 Development and Cooperation between 29034515 29055010 29153200 29034520 29055030 29153300 the European Community and the Republic of South Africa 29034525 29055099 29153400 29034530 29153500 29034535 Phenols; phenol-alcohols: 29153910 29071100 Industrial Products Titanium oxides: Radioactive chemical 29034540 29153930 29071500 28230000 elements: 29034545 29153950 29072210 Salt (including table salt 28443011 29034550 29153990 29034555 29154000 and denatured salt): Hydrazine and 28443019 Ethers, ether-alcohols, 25010051 hydroxylamine: 28443051 29034590 29155000 29034610 ether-phenols: 29156010 25010091 28258000 29091100 25010099 29034620 29156090 Isotopes other than those 29034690 29091900 29157015 Chlorides, chloride oxides 29092000 Alkali or alkaline-earth of heading No 2844: 29034700 29157020 and chloride hydroxides: 29093031 metals; rare-earth metals: 28451000 29034910 29157025 28271000 29093039 28051100 28459010 29034920 29157030 29093090 28051900 29034990 29157080 Sulphides; polysulphides: Carbides, whether or not 29094100 28052100 29035190 29159010 28301000 chemically defined: 29094200 28052200 29035910 29159020 28492000 29094300 28053010 29035930 29159080 Phosphinates 28499030 29094400 28053090 29035990 (hypophosphites), 29094910 28054010 29036100 Unsaturated acyclic phosphonates: Hydrides, nitrides, azides, 29036200 29094990 monocarboxylic acids: 28351000 Ammonia, anhydrous or in silicides and borides: 29036910 29095010 29161210 28352200 aqueous solution: 28500070 29036990 29095090 29161220 28141000 28352300 29096000 29161290 28352400 28142000 Acyclic alcohols and their 29161410 Cyclic hydrocarbons: Epoxides, epoxyalcohols, 28352510 halogenated, sulphonated 29161490 29025000 epoxyphenols and Sodium hydroxide (caustic 28352590 derivatives: epoxyethols: Polycarboxylic acids, their soda): 28352610 29051100 29102000 anhydrides, halides: 28151100 28352690 Halogenated derivatives 29051200 28151200 28352910 29171100 of hydrocarbons: 29051300 Aldehydes, whether or not 28352990 29031100 29171400 Zinc oxide; zinc peroxide: 29051410 with other oxygen 28353100 29031200 29173500 28170000 29051490 functions: 28353910 29031300 29173600 29051500 29124100 28353930 29031400 29173700 Artificial corundum: 29051610 29126000 28353970 28181000 29031500 29051690 Carboxylic acids with 28182000 29031600 29051700 Ketones and quinones, additional oxygen function: Carbonates; 28183000 29031910 29051910 whether or not with other 29181400 peroxocarbonates 29031990 29051990 oxygen fonctions: 29181500 (percarbonates): Chromium oxides and 29032100 29052210 29141100 29182200 28362000 29052290 hydroxides: 29032300 29142100 29189000 28191000 28364000 29032900 29052910 28199000 28366000 29033010 29052990 Saturated acyclic Amine-function compounds: 29033031 29053100 monocarboxylic acids: 29211110 Manganese oxides: Salts of oxometallic or 29033033 29053200 29151100 29211190 28201000 peroxometallic acids: 29033038 29053910 29151200 29211200 28209000 28416100 29033090 29053990 29151300 29211910 154 | Partnership Agreement ACP-EC 2005 revised edition | 155 29211930 Heterocyclic compounds Other colouring matter: 39012000 39203000 40132000 29211990 with oxygen hetero- 32061100 39013000 39204111 40139010 29212100 atom(s): 32061900 39019000 39204119 40139090 29212200 29321200 32062000 39204191 29212900 29321300 32063000 Polymers of propylene or 39204199 Leather of bovine 29213010 29322100 32064100 of other olefins: 39204211 or equine animals, 29213090 32064200 39021000 39204219 without hair: Heterocyclic compounds 39022000 29214100 32064300 39204291 41041091 with nitrogen hetero- 39023000 29214210 32064990 39204299 41041095 atom(s): 39029000 29214290 32065000 39205100 41041099 29336100 29214310 Polymers of styrene, in 39205900 41042100 29214390 Sulphonamides: Activated carbon; primary forms: 39206100 41042290 29214400 29350000 activated natural 39031100 39206210 41042900 29214500 mineral products: 39031900 39206290 41043111 29214910 Mineral or chemical 38021000 39032000 39206300 41043119 29214990 fertilizers, nitrogenous: 38029000 39033000 39206900 41043130 29215110 31021010 39039000 39207111 41043190 29215190 31021090 Insecticides, rodenticides, 39207119 41043910 29215900 31022100 fungicides, herbicides: Polymers of vinyl 39207190 41043990 31022900 38081020 chloride: 39207200 Oxygen-function 31023010 38081030 39041000 39207310 Sheep or amino-compounds: 31023090 38083011 39042100 39207350 lamb skin leather, 29221100 31024010 38083013 39042200 39207390 without wool on: 29221200 31024090 38083015 39043000 39207900 41052000 29221300 31025090 38083017 39044000 39209100 29221900 31026000 38083021 39045000 39209200 Leather of other animals, 29222100 31027090 38083023 39046190 39209300 without hair on: 29222200 31028000 38083027 39046900 39209400 41071010 29222900 31029000 38083030 39049000 39209911 41072910 29223000 38083090 39209919 41079010 Mineral or chemical Polymers of vinyl acetate: 39209950 29224210 41079090 29224300 fertilizers, phosphatic: Prepared rubber 39051200 39209990 29224980 31031010 accelerators; compound Polyacetals, other Chamois (including 31031090 plasticiser: Other plates, sheets, film, 29225000 polyethers and epoxide combination chamois) 38123020 foil and strip: Mineral or chemical resins: leather: Carboxyamide-function 39219019 compounds: fertilizers: Organic composite 39072019 41080010 29242110 31051000 solvents and thinners: 39072090 41080090 Articles for the 31052010 38140090 39076090 Patent leather 29242190 conveyance or packing of 29242930 31052090 39079110 and patent 31053010 Mixed alkylbenzenes and 39079190 goods: laminated leather: Nitrile-function compounds: 31053090 mixed alkylnaphthalenes: 39079910 39232100 41090000 29261000 31054010 38171010 39079990 29269090 31054090 38171050 Retreaded or used Composition leather 31055100 38171080 Other plates, sheets, film, pneumatic tyres of rubber: with a basis of leather Organo-sulphur 31055900 38172000 foil and strip: 40121030 or leather: compounds: 31056010 39201022 40121050 41110000 29302000 31056090 Prepared binders for 39201028 40121080 29309012 31059091 foundry moulds or cores: 39201040 40122090 Articles of apparel and 29309014 31059099 38249090 39201080 40129010 clothing accessories: 29309016 39202021 40129090 42031000 Tanning extracts of Polymers of ethylene, in 39202029 42032100 Other organo-inorganic vegetable origin: primary forms: 39202071 Inner tubes, of rubber: 42032910 compounds : 32012000 39011010 39202079 40131010 42032991 29310040 32019020 39011090 39202090 40131090 42032999 156 | Partnership Agreement ACP-EC 2005 revised edition | 157 42033000 Wood marquetry and inlaid Silk yarn (other than yarn Yarn of fine animal hair 51123090 52061590 42034000 wood; caskets and cases: spun from silk waste): (carded or combed), 51129010 52062100 44209011 50040010 not put up for retail sale: 51129091 52062200 Particle board and 44209019 50040090 51081010 51129093 52062300 similar board of wood: 51081090 51129099 52062400 44101100 Articles of natural cork: Yarn spun from silk waste, 51082010 52062510 44101910 45031010 not put up for retail sale: 51082090 Woven fabrics of coarse 52062590 44101930 45031090 50050010 animal hair or of 52063100 44101950 45039000 50050090 Yarn of wool or of fine horsehair: 52063200 44101990 animal hair, put up for 51130000 52063300 Silk yarn and yarn spun 44109000 Plaits and similar retail sale: 52063400 from silk waste, put up products of plaiting 51091010 Cotton sewing thread, 52063510 for retail sale: Fibreboard of wood or materials: 51091090 whether or not put up 52063590 50060010 other ligneous materials: 46019910 51099010 for retail sale: 52064100 44111100 50060090 51099090 52041100 52064200 44111900 52041900 52064300 Basketwork, wickerwork Woven fabrics of silk 44112100 Yarn of coarse animal hair 52042000 52064400 and other articles: or of silk waste: 44112900 or of horsehair: 52064510 46029010 50071000 44113100 51100000 Cotton yarn (other than 52064590 50072011 44113900 Registers, account books, sewing thread): 50072019 44119100 note books, order books: Woven fabrics of carded 52051100 Cotton yarn (other than 50072021 44119900 48201030 wool or of carded fine 52051200 sewing thread) put up 50072031 animal hair: 52051300 for retail sale: 50072039 Plywood, veneered panels Children’s picture, 51111111 52051400 52071000 50072041 and similar laminated drawing or colouring 51111119 52051510 52079000 50072051 wood: books: 51111191 52051590 50072059 44121311 49030000 51111199 52052100 Flax yarn: 44121319 50072061 51111911 52052200 53061011 50072069 44121390 Maps and hydrographic or 51111919 52052300 530610191 44121400 50072071 51111931 similar charts of all kinds: 52052400 53061031 44121900 50079010 51111939 49051000 52052600 53061039 44122210 50079030 51111991 52052700 53061050 44122291 50079050 51111999 52052800 Transfers 53061090 44122299 50079090 51112000 52053100 53062011 (decalcomanias): 44122300 51113010 52053200 53062019 49081000 Yarn of carded wool, 44122920 51113030 52053300 53062090 49089000 not put up for retail sale: 44122980 51113090 52053400 51061010 44129210 51119010 52053510 Yarn of other vegetable Printed or illustrated 51061090 44129291 51119091 52053590 textile fibres; paper yarn: 51062011 44129299 postcards; printed cards: 51119093 52054100 53082010 51062019 44129300 49090010 51119099 52054200 53082090 51062091 44129920 49090090 52054300 53083000 51062099 44129980 Woven fabrics of combed 52054400 53089011 Calendars of any kind, wool or of combed fine 52054600 53089013 Builders’ joinery and printed, including Yarn of combed wool, animal hair: 52054700 53089019 carpentry of wood: calendars: not put up for retail sale: 51121110 52054800 53089090 44181010 49100000 51071010 51121190 44181050 51071090 51121911 Cotton yarn (other than Woven fabrics of flax: 44181090 Other printed matter, 51072010 51121919 sewing thread): 53091111 44182010 including printed pictures: 51072030 51121991 52061100 53091119 44182050 49111010 51072051 51121999 52061200 53091190 44182080 49111090 51072059 51122000 52061300 53091910 44183010 49119180 51072091 51123010 52061400 53091990 44189010 49119900 51072099 51123030 52061510 53092110 158 | Partnership Agreement ACP-EC 2005 revised edition | 159 53092190 54026190 54076110 Artificial staple fibres, 55094290 Non-wovens, whether 53092910 54026210 54076130 not carded, combed or 55095100 or not impregnated: 53092990 54026290 54076150 otherwise: 55095210 56031110 54026910 54076190 55041000 55095290 56031190 Woven fabrics of jute or of 54026990 54076910 55049000 55095300 56031210 other textile bast fibres: 54076990 55095900 56031290 53101010 Artificial filament yarn 54077100 Waste (including noils, 55096110 56031310 53101090 (other than sewing 54077200 yarn waste): 55096190 56031390 53109000 thread): 54077300 55051010 55096200 56031410 54031000 54077400 55051030 55096900 56031490 Woven fabrics of other 54032010 54078100 55099110 56039110 vegetable textile fibres: 55051050 54032090 54078200 55051070 55099190 56039190 53110010 54033100 54078300 55099200 56039210 53110090 55051090 54033200 54078400 55052000 55099900 56039290 54033310 54079100 56039310 Sewing thread of Yarn (other than sewing 54033390 54079200 56039390 man-made filaments: Synthetic staple fibres, thread) of artificial staple 54033900 54079300 56039410 54011011 carded, combed or fibres: 54034100 54079400 56039490 54011019 55101100 54034200 otherwise: 54011090 55101200 54034900 Woven fabrics of artificial 55061000 Rubber thread and cord, 54012010 55102000 filament yarn: 55062000 textile covered: 54012090 55103000 Synthetic monofilament 54081000 55063000 56041000 55069010 55109000 Synthetic filament yarn of 67 decitex or more: 54082100 56042000 55069091 (other than sewing 54041010 54082210 Yarn (other than sewing 56049000 55069099 thread): 54041090 54082290 thread) of man-made staple 54021010 54049011 54082310 fibres: Metallised yarn, Artificial staple fibres, 54021090 54049019 54082390 55111000 whether or not gimped: carded, combed or 54022000 54049090 54082400 55112000 56050000 otherwise: 54023110 54083100 55113000 55070000 54023130 Artificial monofilament 54083200 Gimped yarn, and strip: Wadding of textile 54023190 of 67 decitex or more: 54083300 56060010 Sewing thread of materials and articles 54023200 54050000 54083400 56060091 man-made staple fibres: thereof: 54023310 56060099 55081011 56011010 54023390 Man-made filament yarn Synthetic filament tow: 55081019 56011090 54023910 (other than sewing 55011000 Articles of yarn, strip: 55081090 56012110 54023990 thread): 55012000 56090000 55082010 56012190 54024110 54061000 55013000 55082090 56012210 54024130 54062000 55019000 Carpets and other textile 56012291 54024190 Yarn (other than sewing floor coverings: 56012299 54024200 Woven fabrics of synthetic Artificial filament tow: thread) of synthetic staple 57011010 56012900 54024310 filament yarn: 55020010 fibres: 57011091 56013000 54024390 54071000 55020090 55091100 57011093 54024910 54072011 55091200 Felt, whether or not 57011099 54024991 54072019 Synthetic staple fibres, 55092110 impregnated: 57019010 54024999 54072090 not carded, combed or 55092190 56021011 57019090 54025110 54073000 otherwise: 55092210 56021019 54025130 54074100 55031011 55092290 56021031 Woven pile fabrics 54025190 54074200 55031019 55093110 56021035 and chenille fabrics: 54025210 54074300 55031090 55093190 56021039 58011000 54025290 54074400 55032000 55093210 56021090 58012100 54025910 54075100 55033000 55093290 56022100 58012200 54025990 54075200 55034000 55094110 56022910 58012300 54026110 54075300 55039010 55094190 56022990 58012400 54026130 54075400 55039090 55094210 56029000 58012500 160 | Partnership Agreement ACP-EC 2005 revised edition | 161 58012600 Labels, badges and 59039010 59114000 61034991 T-shirts, singlets 58013100 similar articles of textile 59039091 59119010 61034999 and other vests, 58013200 matter: 59039099 59119090 knitted or crocheted: 58013300 58071010 Women’s or girls’ suits, 61091000 58013400 58071090 Linoleum, whether Pile fabrics, including ensembles, jackets, 61099010 58013500 58079010 or not cut to shape: "long pile" fabrics: blazers: 61099030 58013600 58079090 59041000 60011000 61045100 58019010 59049110 60012100 61045200 Track suits, ski suits 58019090 Braids in the piece; 59049190 60012200 61045300 and swimwear, knitted 60012910 61045900 ornamental trimmings: 59049200 or crocheted: 60012990 61046110 Terry towelling and 58081000 61121100 similar woven terry 60019110 61046190 58089000 Textile wall coverings: 61121200 fabrics: 59050010 60019130 61046210 61121900 58021100 59050031 60019150 61046290 Woven fabrics of metal 61122000 58021900 59050039 60019190 61046310 thread and woven fabrics: 61123110 58022000 59050050 60019210 61046390 58090000 61123190 58023000 59050070 60019230 61046910 61123910 59050090 60019250 61046991 Embroidery in the piece, 61123990 Gauze, other than 60019290 61046999 in strips or in motifs: 61124110 narrow fabrics: Rubberized textile fabrics: 60019910 61124190 58101010 58031000 59061010 60019990 Men’s or boys’ 61124910 58101090 58039010 59061090 underpants, briefs, 61124990 58109110 58039030 59069100 Men’s or boys’ overcoats, nightshirts, pyjamas: 58109190 59069910 car-coats, capes, cloaks: 61071100 58039050 Garments, made up 58109210 59069990 61011010 61071200 58039090 of knitted or crocheted 58109290 61011090 61071900 fabrics: 58109910 Textile fabrics otherwise 61012010 61072100 Tulles and other net 61130010 58109990 impregnated, coated or 61012090 61072200 fabrics, not including 61130090 woven: covered: 61013010 61072900 Quilted textile products 58041011 59070010 61013090 61079110 58041019 in the piece: 59070090 61019010 61079190 Other garments, knitted 58041090 58110000 61019090 61079200 or crocheted: 58042110 Textile wicks, woven, 61079900 61141000 58042190 Textile fabrics coated with plaited or knitted: Women’s or girls’ overcoats, 61142000 58042910 gum: 59080000 car-coats, capes, cloaks: Women’s or girls’ slips, 61143000 58042990 59011000 61021010 petticoats, briefs, panties: 61149000 58043000 59019000 Textile hosepiping and 61021090 61081110 similar textile tubing: 61022010 61081190 Panty hose, tights, Tyre cord fabric of high Hand-woven tapestries 59090010 61022090 61081910 stockings, socks and tenacity yarn of nylon: of the type Gobelins: 59090090 61023010 61081990 other hosiery: 59021010 58050000 61023090 61082100 61151100 59021090 Transmission or conveyor 61029010 61082200 61151200 59022010 belts or belting: 61029090 61082900 61151910 Narrow woven fabrics: 59022090 59100000 61083110 61151990 58061000 59029010 Men’s or boys’ suits, 61083190 61152011 58062000 59029090 Textile products and ensembles, jackets, 61083211 61152019 58063110 articles, for technical uses: blazers: 61083219 61152090 58063190 Textile fabrics 59111000 61034110 61083290 61159100 58063210 impregnated, coated, 59112000 61034190 61083900 61159200 58063290 covered: 59113111 61034210 61089110 61159310 58063900 59031010 59113119 61034290 61089190 61159330 58064000 59031090 59113190 61034310 61089200 61159391 59032010 59113210 61034390 61089910 61159399 59032090 59113290 61034910 61089990 61159900 162 | Partnership Agreement ACP-EC 2005 revised edition | 163 Gloves, mittens 62034231 Men’s or boys’ singlets Other made up clothing Sets consisting of 64035939 and mitts, knitted 62034233 and other vests, accessories: woven fabric and yarn: 64035950 or crocheted: 62034235 underpants: 62171000 63080000 64035991 61161020 62034251 62071100 62179000 64035995 61161080 62034259 62071900 Worn clothing and 64035999 61169100 62034290 62072100 Blankets and travelling rugs: other worn articles: 64039111 61169200 62034311 62072200 63011000 63090000 64039113 61169300 62034319 62072900 63012010 64039116 61169900 62034331 62079110 63012091 Waterproof footwear with 64039118 62034339 62079190 63012099 outer soles and uppers of 64039191 Other made up clothing 62034390 62079200 63013010 rubber: 64039193 accessories, knitted or 62034911 62079900 63013090 64011010 64039196 64011090 crocheted: 62034919 63014010 64039198 64019110 61171000 62034931 Women’s or girls’ singlets 63014090 64039911 64019190 61172000 62034939 and other vests, slips: 63019010 64039931 64019210 61178010 62034950 62081100 63019090 64039933 64019290 61178090 62034990 62081910 64039936 Sacks and bags: 64019910 61179000 62081990 64039938 63051010 64019990 Women’s or girls’ suits, 62082100 64039950 Men’s or boys’ ensembles, jackets, 62082200 63051090 Other footwear with 64039991 overcoats, car-coats, blazers: 62082900 63052000 outer soles and uppers 64039993 capes, cloaks: 62089111 63053211 62045100 of rubber: 64039996 62011100 62089119 63053281 62045200 64021210 64039998 62011210 62089190 63053289 62045300 64021290 62011290 62089210 63053290 Footwear with outer 62045910 64021900 62011310 62089290 63053310 soles of rubber, plastics, 62045990 64022000 62011390 62089900 63053391 leather: 62046110 64023000 62011900 62046180 63053399 64041100 Brassières, girdles, corsets, 64029100 62019100 62046190 63053900 64041910 braces, suspenders: 64029910 62019200 62046211 63059000 64041990 62121000 64029931 62019300 62046231 64042010 62122000 Tarpaulins, awnings and 64029939 62019900 62046233 64042090 62123000 sunblinds; tents; sails: 64029950 62046239 63061100 64029991 Other footwear: Women’s or girls’ 62129000 62046251 63061200 64029993 64051010 overcoats, car-coats, 62046259 Handkerchiefs: 63061900 64029996 64051090 capes, cloaks: 62046290 62131000 63062100 64029998 64052010 62021100 62046311 62132000 63062200 64052091 62021210 62046318 62139000 63062900 Footwear with outer 64052099 62021290 62046331 63063100 soles of rubber, plastics, 64059010 62021310 Shawls, scarves, mufflers, 62046339 63063900 leather: 64059090 62021390 mantillas, veils: 62046390 63064100 64031200 62021900 62141000 62046911 63064900 64031900 Parts of footwear 62029100 62142000 62046918 63069100 64032000 (including uppers): 62029200 62143000 62046931 63069900 64033000 64061011 62029300 62046939 62144000 64034000 64061019 62029900 62046950 62149010 Other made up articles, 64035111 64061090 62046990 62149090 including dress patterns: 64035115 64062010 63071010 64062090 Men’s or boys’ suits, Ties, bow ties and cravats: 64035119 Men’s or boys’ shirts: 63071030 64069100 ensembles, jackets, 62151000 64035191 62051000 63071090 64069910 blazers: 62152000 64035195 62034110 62052000 63072000 64069930 62159000 64035199 62034130 62053000 63079010 64035911 64069950 62034190 62059010 Gloves, mittens and mitts: 63079091 64035931 64069960 62034211 62059090 62160000 63079099 64035935 64069980 164 | Partnership Agreement ACP-EC 2005 revised edition | 165 Unglazed ceramic flags 70132959 74072290 Nails, tacks, Aluminium foil: Other articles and paving, hearth 70132991 74072900 drawing pins, staples: 76071110 of aluminium: or wall tiles: 70132999 74151000 76071190 76161000 Copper wire: 69071000 70133110 74152100 76071910 76169100 74081100 69079010 70133190 74152900 76071991 76169910 74081910 69079091 70133200 74153100 76071999 76169990 74081990 69079093 70133910 74153200 76072010 74082100 69079099 70133991 74153900 76072091 Unwrought lead: 74082200 70133999 76072099 78011000 74082900 Glazed ceramic flags 70139110 Copper springs: 78019100 and paving, hearth 70139190 Copper plates, 74160000 Aluminium tubes 78019991 or wall tiles: 70139910 sheets and strip: and pipes: 78019999 69081010 70139990 74091100 Cooking or 76081090 69081090 74091900 heating apparatus: 76082030 Tungsten (wolfram) 69089011 Glass fibres 74092100 74170000 76082091 and articles thereof, 69089021 (including glass wool): 74092900 76082099 including waste: 69089029 70191100 74093100 Table, kitchen or other 81011000 69089031 70191200 74093900 household articles: Aluminium tube 81019110 69089051 70191910 74094010 74181100 or pipe fittings: 69089091 70191990 74094090 74181900 76090000 Molybdenum and articles 69089093 70193100 74099010 74182000 thereof, including waste: 69089099 70193200 74099090 Aluminium structures: 81021000 70193910 Other articles of copper: 76101000 81029110 Copper foil, 76109010 Tableware, kitchenware, 70193990 74191000 81029300 other household articles: 70194000 whether or not printed 74199100 76109090 or backed with: 69111000 70195110 74199900 Magnesium and articles 74101100 69119000 70195190 Aluminium reservoirs, thereof, including waste: 74101200 70195200 Aluminium bars, tanks, vats: 81041100 74102100 Ceramic tableware, 70195910 rods and profiles: 76110000 81041900 kitchenware, other 70195990 74102200 76041010 household articles: 70199010 Copper tubes and pipes: 76041090 Aluminium casks, Cadmium and articles 69120010 76042100 70199030 74111011 drums, cans, boxes: thereof, including waste: 69120030 76042910 70199091 74111019 76121000 81071010 69120050 70199099 74111090 76042990 76129010 69120090 74112110 76129020 Titanium and articles Aluminium wire: Other articles 74112190 76129091 thereof, including waste: Statuettes and other 76051100 of precious metal: 74112200 76129098 81081010 ornamental ceramic 76051900 71159010 74112910 81081090 articles: 76052100 71159090 74112990 Aluminium containers for 81089030 69131000 76052900 compressed or liquefied: 81089050 69139010 Copper tube Ferro-alloys: 76130000 81089070 69139091 or pipe fittings: Aluminium plates, 72025000 81089090 69139093 72027000 74121000 sheets and strip: Stranded wire, 69139099 72029100 74122000 76061110 cables, plaited bands 76061191 Zirconium and articles 72029200 Stranded wire, and the like: Glassware of a kind used 76061193 thereof, including waste: 72029930 cables, plaited bands 76141000 for table, kitchen: 76061199 81091010 72029980 and the like: 76149000 70131000 76061210 81099000 74130091 70132111 Copper bars, 76061250 74130099 Table, kitchen or other 70132119 rods and profiles: 76061291 household articles: Antimony and articles 70132191 74071000 Cloth (including endless 76061293 76151100 thereof, including waste: 70132199 74072110 bands), grill and netting: 76061299 76151910 81100011 70132910 74072190 74142000 76069100 76151990 81100019 70132951 74072210 74149000 76069200 76152000 166 | Partnership Agreement ACP-EC 2005 revised edition | 167 Beryllium, chromium, 84143099 Electric instantaneous Prepared unrecorded 85281266 85407100 germanium, vanadium, 84144010 or storage water heaters: media for sound 85281272 85407200 gallium: 84144090 85162991 recording: 85281276 85407900 81122031 84145190 85163110 85233000 85281281 85408100 81123020 84145930 85163190 85281289 85408911 81123090 84145950 85164010 Records, tapes and 85281291 85408919 81129110 84145990 85164090 other recorded media: 85281298 85408990 81129131 84146000 85165000 85241000 85281300 85409100 81129930 84148021 85166070 85243200 85282114 85409900 84148029 85167100 85243900 85282116 Electronic integrated Cermets and articles 84148031 85167200 85245100 85282118 circuits and thereof, including waste: 84148039 85167980 85245200 85282190 microassemblies: 81130020 84148041 85245300 85282200 Turntables (record-decks), 85421425 81130040 84148049 85246000 85283010 84148060 record-players, 85249900 85283090 cassette-players: Insulated (including Nuclear reactors; fuel 84148071 enamelled or anodised) 84148079 85191000 Reception apparatus Parts suitable for use elements (cartridges): 85192100 wire: 84011000 84148090 for radio-telephony: solely or principally with: 85441110 84149090 85192900 85271210 85291020 84013000 85193100 85441190 84014010 85271290 85291031 85441910 85193900 85271310 85291039 84014090 Fork-lift trucks; 85441990 85194000 85271391 85291040 other works trucks: 85442000 85199331 85271399 85291050 Hydraulic turbines, water 84271010 85443090 85199339 85272120 85291070 wheels, and regulators: 84271090 85444110 85199381 85272152 85291090 84101100 84272011 85444190 85199389 85272159 85299051 84101200 84272019 85444920 85199912 85272170 85299059 84101300 84272090 85444980 85199918 85272192 85299070 84109010 84279000 85445100 85199990 85272198 85299081 84109090 85445910 85272900 Magnetic tape recorders 85299089 85445920 85273111 Sewing machines, and other sound 85445980 Turbo-jets, 85273119 Electric sound or visual other than book-sewing recording: 85446010 turbo-propellers and 85273191 signalling apparatus: machines: 85201000 85446090 other gas turbines: 85273193 85311020 84521011 85203219 85447000 84111190 85273198 85311030 84521019 85203250 84111290 85273290 85311080 84521090 85203291 Motor vehicles for the 84112190 85273910 85318090 84522100 85203299 transport of ten or more 84112290 85273991 85319090 84522900 85203319 persons: 84118190 85273999 84523010 87021091 84118291 85203390 85279091 Thermionic, cold cathode 84523090 87021099 84118293 85203910 85279099 or photocathode valves: 84524000 87029031 84118299 85203990 85401111 84529000 85209090 87029039 84119190 Reception apparatus 85401113 87029090 84119990 Video recording or for television: 85401115 Electro-mechanical reproducing apparatus: 85281214 85401119 Motor vehicles for the Air or vacuum pumps, air domestic appliances: 85211030 85281216 85401191 transport of goods: or other gas compressors: 85091010 85211080 85281218 85401199 87041011 84141030 85091090 85219000 85281222 85401200 87041019 84141050 85092000 85281228 85402010 87041090 84141090 85093000 Parts and accessories: 85281252 85402030 87042110 84142091 85094000 85221000 85281254 85402090 87042191 84142099 85098000 85229030 85281256 85404000 87042199 84143030 85099010 85229091 85281258 85405000 87042210 84143091 85099090 85229098 85281262 85406000 87042310 168 | Partnership Agreement ACP-EC 2005 revised edition | 169 87043110 90132000 Other firearms Mattress supports; 95031090 02064191 87043191 90138011 and similar devices: articles of bedding: 95032010 02068091 87043199 90138019 93031000 94041000 95032090 02069091 87043210 90138030 93032030 94042110 95033010 87049000 90138090 94042190 95033030 Meat and edible offal: 93032080 90139010 94042910 95033090 02071391 93033000 Special purpose 90139090 94042990 95034100 02071491 motor vehicles: 93039000 94043010 95034910 02072691 87051000 Wrist-watches, 94043090 95034930 02072791 87052000 pocket-watches Other arms (for example, 94049010 95034990 02073591 87053000 and other watches: spring, air or gas guns): 94049090 95035000 02073689 87054000 91011100 95036010 93040000 Other meat and edible 87059010 91011200 Lamps and lighting 95036090 meat offal, fresh, chilled: 87059030 91011900 fittings including 95037000 Parts and accessories 02081011 87059090 91012100 searchlights: 95038010 of articles 02081019 91012900 94051021 95038090 Works trucks, self- 91019100 of heading Nos 9…: 94051029 95039010 02089010 propelled, not fitted with 91019900 93051000 94051030 95039032 02089050 lift: 93052100 94051050 95039034 02089060 87091110 Wrist-watches, pocket- 93052910 94051091 95039035 02089080 87091190 watches and other 94051099 95039037 87091910 93052930 Meat and edible meat watches: 94052011 95039051 87091990 93052980 offal, salted, in brine, 91021100 94052019 95039055 87099010 93059090 dried: 91021200 94052030 95039099 87099090 02109010 91021900 94052050 Bombs, grenades, 02109060 Motor-cycles 91022100 94052091 Brooms, brushes: torpedoes, mines, 02109079 (including mopeds): 91022900 94052099 96031000 02109080 87111000 91029100 missiles: 94053000 96032100 93061000 94054010 96032910 87112010 91029900 Birds’ eggs, in shell, fresh, 93062100 94054031 96032930 87112091 preserved or cooked: Clocks with 94054035 96032990 87112093 93062940 04070090 87112098 watch movements: 93062970 94054039 96033010 91031000 96033090 87113010 93063010 94054091 Edible products of animal 91039000 94054095 96034010 87113090 93063091 origin, not elsewhere sp: 87114000 94054099 96034090 Other clocks: 93063093 04100000 87115000 94055000 96035000 91051100 93063098 87119000 94056091 96039010 Bulbs, tubers, tuberous 91051900 93069090 94056099 96039091 roots, corms, crowns: Bicycles and other cycles: 91052100 96039099 94059111 06012030 87120010 91052900 Seats (other than those 94059119 87120030 91059100 06012090 of heading No 9402): 94059190 Agricultural Products 87120080 91059910 94012000 94059290 Other live plants 91059990 Photocopying apparatus: 94019010 94059990 Live horses, asses, (including their roots), mules and hinnies: 90091100 Pianos, including 94019030 cutting: 01011990 90091200 automatic pianos; Prefabricated buildings: 06022090 94019080 01012090 90092100 harpsichords: 94060010 06023000 90092210 92011010 Other furniture 94060031 Other live animals: 06024010 90092290 94060039 06024090 92011090 and parts thereof: 01060020 90093000 94060090 06029010 92012000 94034010 90099010 92019000 Edible offal of bovine 06029030 90099090 94034090 Other toys; reduced-size animals, swine, sheep, 06029041 Revolvers and pistols: 94039010 ("scale") models: goat: 06029045 Liquid crystal devices: 93020010 94039030 95031010 02063021 06029049 90131000 93020090 94039090 170 | Partnership Agreement ACP-EC 2005 revised edition | 171 06029051 Grapes, fresh or dried: Locust beans, seaweeds Animal or vegetable Other vegetables Yeasts (active or inactive): 06029059 08062091 and other algae, fats and oils: prepared or preserved 21023000 06029070 08062092 sugar beet: 15161010 otherwise: 06029091 08062098 12129200 15161090 20049030 Sauces and preparations 06029099 15162091 therefor: Apricots, cherries, Pig fat (including lard) 15162096 Other vegetables peaches (including 21031000 Foliage, branches and and poultry fat: 15162098 prepared or preserved nectarines): 21033090 other parts of plants: 15010090 otherwise: 08094010 (12) 21039090 06049121 Margarine; 20057010 08094090 06049129 Lard stearin, lard oil, edible mixtures: 20057090 06049149 oleostearin, oleo-oil: Soups and broths and Other fruit, fresh: 15171090 20059010 06049990 15030090 preparations therefor: 08104050 15179091 20059030 21041010 15179099 20059050 21041090 Potatoes, fresh or chilled: Fruit and nuts, uncooked Ground-nut oil and its 20059060 07019059 fractions, whether or 21042000 or cooked by steaming: Animal or vegetable 20059070 07019090 not refined: 08112019 fats and oils: 20059075 15081090 Food preparations not 08112051 15180010 20059080 Onions, shallots, garlic, 15089090 elsewhere specified: 08112090 15180091 leeks: 08119031 21069092 Palm oil and its fractions, 15180099 Vegetables, fruit, nuts, 07032000 08119050 whether or not refined: fruit-peel and other parts: 08119085 Waters, including mineral Sausages and similar 20060091 Other vegetables, fresh 15119011 waters and aerated water: products, of meat, meat or chilled: Fruit and nuts, 15119019 22021000 offal: Fruit, nuts and other 07091040 provisionally preserved: 15119099 22029010 07095130 08129040 16010010 edible parts of plants: 07095200 Coconut (copra), palm 20081110 Other fermented 07096099 Fruit, dried: kernel or babassu oil: Extracts and juices of meat, 20081192 beverages (for example, 07099031 08131000 15131191 fish or crustaceans: 20081196 cider): 07099071 08133000 15131199 16030010 20081911 07099073 08134030 15131911 20081913 22060031 22060039 08134095 15131919 Molasses: 20081951 Vegetables (uncooked 15131991 20081993 22060051 Coffee, whether or not 17031000 or cooked by steaming 15131999 20083071 22060059 roasted or decaffeinated: 17039000 or boiling: 15132130 20089100 22060081 09011200 07108059 15132190 20089212 22060089 09012100 Cocoa paste, 15132911 20089214 09012200 whether or not defatted: Vegetables provisionally 15132919 20089232 Undenatured ethyl 09019090 18031000 preserved: 15132950 18032000 20089234 alcohol of an alcoholic 20089236 07119010 Cloves (whole fruit, 15132991 strength: 20089238 cloves and stems): 15132999 Cocoa butter, fat and oil: 22085011 20089911 Dried vegetables, whole, 09070000 18040000 22085019 cut, sliced, broken: Other fixed vegetable 20089919 22085091 07129005 Ginger, saffron, turmeric fats and oils: Cocoa powder, 20089938 22085099 (curcuma), thyme, bay leaf: 15151990 not containing 20089940 22086011 20089947 Other nuts, fresh or dried, 09104013 15152190 added sugar or other: 22086091 whether or not shelled: 09104019 15152990 18050000 22086099 08021290 09104090 15155019 Fruit juices 22087010 09109190 15155099 Vegetables, fruit, nuts (including grape must): 22087090 Dates, figs, pineapples, 09109999 15159029 and other edible parts: 20098036 22089011 avocados, guavas, mangoes: 15159039 20019060 20098038 22089019 08041000 Seeds, fruit and spores, 15159051 20019070 20098088 22089057 of a kind used for sowing: 15159059 20019075 20098089 22089069 Citrus fruit, fresh or dried: 12091100 15159091 20019085 20098095 22089074 08054095 12091900 15159099 20019091 20098096 22089078 172 | Partnership Agreement ACP-EC 2005 revised edition | 173 Preparations of a kind used in animal feeding: ANNEXE XII TO PROTOCOL 1 23091090 23099091 Products for which the cumulation provisions with South Africa 23099093 23099098 referred to in Article 6(3) apply after 6 years from the provisional application of the Agreement on Trade, Unmanufactured tobacco; Development and Co-operation between tobacco refuse: 24011030 the European Community and the Republic of South Africa 24011050 24011070 Industrial Products (1) 52085100 52105100 24011080 52085210 52105200 24011090 Woven fabrics of cotton, 52085290 52105900 24012030 containing 85% or more: 52085300 24012049 52081110 52085900 Woven fabrics of cotton, 24012050 52081190 containing less than 85%: 24012080 52081211 Woven fabrics of cotton, 52111100 24012090 52081213 containing 85% or more: 52111200 24013000 52081215 52091100 52111900 52081219 52091200 52112100 Cigars, cheroots, 52081291 52091900 52112200 cigarillos and cigarettes: 52081293 52092100 52112900 24021000 52081295 52092200 52113100 24022010 52081299 52092900 52113200 24022090 52081300 52093100 52113900 24029000 52081900 52093200 52114100 52082110 52093900 52114200 Other manufactured 52082190 52094100 52114300 tobacco and manufactured 52082211 52094200 52114910 tobacco: 52082213 52094300 52114990 24031010 52082215 52094910 52115100 24031090 52082219 52094990 52115200 24039100 52082291 52095100 52115900 24039910 52082293 52095200 24039990 52082295 52095900 Other woven fabrics of cotton: 52082299 52121110 Casein, caseinates and 52082300 Woven fabrics of cotton, 52121190 other casein derivatives: 52082900 containing less than 85%: 52121210 35011090 52083100 52101110 52121290 35019010 52083211 52101190 52121310 35019090 52083213 52101200 52121390 52083215 52101900 52121410 Albumins: 52083219 52102110 52121490 35029070 52083291 52102190 52121510 52083293 52102200 52121590 Industrial monocarboxylic 52083295 52102900 52122110 fatty acids; acid oils: 52083299 52103110 52122190 38231200 52083300 52103190 52122210 52083900 52103200 52122290 52084100 52103900 52122310 52084200 52104100 52122390 52084300 52104200 52122410 52084900 52104900 52122490 174 | Partnership Agreement ACP-EC 2005 revised edition | 175 52122510 55143900 55163300 57024210 60024250 61043100 52122590 55144100 55163400 57024290 60024290 61043200 55144200 55164100 57024910 60024311 61043300 Woven fabrics 55144300 55164200 57024990 60024319 61043900 of synthetic staple fibres: 55144900 55164300 57025100 60024331 61044100 55121100 55164400 57025200 60024333 61044200 Other woven fabrics of 55169100 57025900 60024335 61044300 55121910 synthetic staple fibres: 55169200 57029100 60024339 61044400 55121990 55151110 55169300 57029200 60024350 61044900 55122100 55151130 55169400 57029900 60024391 55122910 55151190 60024393 Men’s or boys’ shirts, 55122990 55151210 Twine, cordage, Carpets and other textile 60024395 knitted or crocheted: 55129100 55151230 ropes and cables: floor coverings, tufted: 60024399 61051000 55151290 55129910 56071000 57031010 60024900 61052010 55151311 55129990 56072100 57031090 60029100 61052090 55151319 56072910 570320111 60029210 61059010 Woven fabrics 55151391 56072990 57032019 60029230 61059090 55151399 of synthetic staple fibres: 56073000 57032091 60029250 55151910 55131110 56074100 57032099 60029290 Women’s or girls’ blouses, 55151930 55131130 56074911 57033011 60029310 shirts and shirt-blouses: 55151990 55131190 56074919 57033019 60029331 61061000 55152110 55131200 56074990 57033051 60029333 61062000 55152130 55131300 56075011 57033059 60029335 61069010 55152190 56075019 57033091 60029339 61069030 55131900 55152211 56075030 57033099 60029391 61069050 55132110 55152219 56075090 57039010 60029399 61069090 55132130 55152291 56079000 57039090 60029900 55132190 55152299 T-shirts, singlets 55132200 55152910 Knotted netting of twine, Carpets and other textile and other vests, Men’s or boys’ suits, 55132300 55152930 cordage or rope: floor coverings, of felt: knitted or crocheted: ensembles, jackets, 55132900 55152990 56081111 57041000 61099090 blazers: 55159110 56081119 57049000 55133100 61031100 55159130 56081191 Jerseys, pullovers, 55133200 61031200 55159190 56081199 Other carpets and other cardigans, waistcoats 55133300 61031900 55159211 56081911 textile floor coverings: and similar: 55133900 61032100 55159219 56081919 57050010 61101010 55134100 61032200 55159291 56081931 57050031 61101031 55134200 61032300 55159299 56081939 57050039 61101035 61032900 55134300 55159910 56081991 57050090 611010381 61033100 55134900 55159930 56081999 61101091 Other knitted 61033200 55159990 56089000 61101095 Woven fabrics or crocheted fabrics: 61033300 61101098 of synthetic staple fibres: Woven fabrics Carpets and other textile 60021010 61033900 61102010 55141100 of artificial staple fibres: floor coverings, woven: 60021090 61102091 55141200 55161100 57021000 60022010 Women’s or girls’ suits, 61102099 55141300 55161200 57022000 60022031 ensembles, jackets, 61103010 55161300 57023110 60022039 blazers: 55141900 61103091 55161400 57023130 60022050 61041100 55142100 61103099 55162100 57023190 60022070 61041200 55142200 61109010 55162200 57023210 60022090 61041300 61109090 55142300 55162310 57023290 60023010 61041900 55142900 55162390 57023910 60023090 61042100 Babies’ garments and 55143100 55162400 57023990 60024100 61042200 clothing accessories, 55143200 55163100 57024110 60024210 61042300 knitted: 55143300 55163200 57024190 60024230 61042900 61111010 176 | Partnership Agreement ACP-EC 2005 revised edition | 177 61111090 62043919 62114100 63039910 Ferrous waste and scrap; 72085490 61112010 62043990 62114210 63039990 remelting scrap ingots: 72089010 61112090 62044100 62114231 72045090 Other furnishing articles: 61113010 62044200 62114241 Flat-rolled products of 63041100 61113090 62044300 62114242 Iron and non-alloy steel 63041910 iron or non-alloy steel: 61119000 62044400 62114290 in ingots or other: 63041930 72091500 62044910 62114310 72061000 72091610 Men’s or boys’ suits, 63041990 62044990 62114331 72069000 72091690 ensembles, jackets, 63049100 62114341 72091710 blazers: 63049200 Women’s or girls’ blouses, 62114342 Semi-finished products of 72091790 62031100 63049300 shirts and shirt-blouses: 62114390 iron or non-alloy steel: 72091810 62031200 63049900 62061000 62114900 72071111 72091891 62031910 62062000 72071114 72091899 62031930 Industrial Products (2) 62063000 Bed linen, table linen, 72071116 72092500 62031990 62064000 72071210 toilet linen and kitchen 72092610 62032100 62069010 Hydrogen, rare gases 72071911 linen: 72092690 62032210 62069090 and other non-metals: 72071914 63021010 72092710 62032280 28046900 72071916 63021090 72092790 62032310 Babies’ garments and 72071931 63022100 Colloidal precious metals; 72092810 62032380 clothing accessories: 72072011 63022210 inorganic or organic: 72092890 62032911 62091000 72072015 63022290 28431090 72099010 62032918 62092000 63022910 72072017 62032990 62093000 28433000 72072032 63022990 Flat-rolled products of 62033100 62099000 28439090 72072051 63023110 iron or non-alloy steel: 62033210 Oxygen-function 72072055 63023190 72101110 62033290 Garments, amino-compounds: 72072057 63023210 72101211 62033310 made up of fabrics of 29224100 72072071 63023290 72101219 62033390 heading No 5602, 5: 63023910 Pig iron and spiegeleisen 72102010 62033911 62101010 63023930 Flat-rolled products of in pigs, blocks or other: 72103010 62033919 62101091 63023990 iron or non-alloy steel: 72011011 72104110 62033990 62101099 63024000 72081000 72011019 72104910 62102000 63025110 72082500 Women’s or girls’ suits, 72011030 72105010 62103000 63025190 72082600 ensembles, jackets, 72012000 72106110 62104000 63025200 72082700 blazers: 72015090 72106910 62105000 63025310 72083600 62041100 72107031 63025390 72083710 62041200 Ferro-alloys: 72107039 Track suits, ski suits 63025900 72083790 62041300 72021120 72109031 and swimwear; 63026000 72083810 62041910 72021180 72109033 other garments: 63029110 72083890 62041990 72021900 72109038 62111100 63029190 72083910 62042100 72022110 62111200 63029200 72083990 62042210 72022190 Flat-rolled products of 62112000 63029310 72084010 62042280 72022900 iron or non-alloy steel: 62113100 63029390 72084090 62042310 72023000 72111300 62113210 63029900 72085110 62042380 62113231 72024110 72085130 72111410 62042911 62113241 Curtains (including 72024191 72085150 72111490 62042918 62113242 drapes) and interior 72024199 72085191 72111920 62042990 62113290 blinds: 72024910 72085199 72111990 62043100 62113310 63031100 72024950 72085210 72112310 62043210 62113331 63031200 72024990 72085291 72112351 62043290 62113341 63031900 72085299 72112920 62043310 62113342 63039100 Ferrous products obtained 72085310 72119011 62043390 62113390 63039210 by direct reduction: 72085390 62043911 62113900 63039290 72039000 72085410 178 | Partnership Agreement ACP-EC 2005 revised edition | 179 Flat-rolled products of 72163219 Bars and rods, hot-rolled: Bars and rods, hot-rolled: 73072310 Barbed wire of iron or non-alloy steel: 72163291 72210010 72271000 73072390 iron or steel: 72121010 72163299 72210090 72272000 73072910 73130000 72121091 72163310 72279010 73072930 72122011 72163390 Other bars and rods of 72279050 73072990 Chain and parts thereof, 72123011 72164010 stainless steel: 72279095 73079100 of iron or steel: 72124010 72164090 72221111 73079210 73151110 72124091 72165010 72221119 Other bars and rods 73079290 73151190 72221121 73151200 72125031 72165091 of other alloy steel: 73079311 72221129 73151900 72125051 72165099 72281010 73079319 72221191 73152000 72126011 72169910 72281030 73079391 72126091 72221199 72282011 73079399 73158100 72221910 73158210 Stainless steel in ingots 72282019 73079910 Bars and rods, hot-rolled: 72221990 73158290 or other primary forms: 72282030 73079930 72131000 72223010 73158900 72181000 72283020 73079990 72132000 72224010 73159000 72189111 72283041 72139110 72224030 Reservoirs, tanks, vats 72189119 72283049 Screws, bolts, nuts, coach 72139120 72283061 and similar containers: 72139141 72189911 Other alloy steel in ingots 73090010 screws, screw hooks: 72189920 or other primary forms: 72283069 73181100 72139149 72283070 73090030 72139170 72241000 73090051 73181210 Flat-rolled products 72283089 72139190 72249001 73090059 73181290 of stainless steel: 72249005 72286010 73181300 72139910 72287010 73090090 72139990 72191100 72249008 73181410 72191210 72249015 72287031 Tanks, casks, drums, 73181491 Other bars and rods of 72191290 72249031 72288010 cans, boxes and similar 73181499 iron or non-alloy steel: 72191310 72249039 72288090 containers: 73181510 72142000 72191390 73101000 73181520 72143000 72191410 Flat-rolled products Sheet piling of iron 73102110 73181530 or steel: 72149110 72191490 of other alloy steel: 73102191 73181541 73011000 72149190 72192110 72251100 73102199 73181549 72251910 73181551 72149910 72192190 Railway or tramway track 73102910 72251990 73181559 72149931 72192210 construction material: 73102990 72252020 73181561 72149939 72192290 73021031 72253000 Containers for 73181569 72149950 72192300 73021039 72254020 compressed or 73181570 72149961 72192400 73021090 72254050 liquefied gas: 73181581 72149969 72193100 73022000 72254080 73110010 73181589 72149980 72193210 73024010 72255000 73110091 73181590 72149990 72193290 73029010 72259110 73110099 73181610 72193310 Other bars and rods of 72259210 73181630 72193390 Tubes, pipes and hollow iron or non-alloy steel: 72259910 Stranded wire, ropes, 73181650 72193410 profiles, of cast iron: 72159010 cables, plaited bands: 73181691 73030010 72193490 Flat-rolled products 73121030 73181699 Angles, shapes and 72193510 of other alloy steel: 73030090 73121051 73181900 sections of iron or 72193590 72261110 73121059 73182100 non-alloy steel: 72199010 72261910 Tube or pipe fittings 73121071 73182200 72161000 72261930 (for example couplings): 73121075 73182300 Flat-rolled products 72162100 72262020 73071110 73121079 73182400 of stainless steel: 72162200 72269110 73071190 73121082 73182900 72163111 72201100 72269190 73071910 73121084 72163119 72201200 72269210 73071990 73121086 Sewing needles, knitting 72163191 72202010 72269320 73072100 73121088 needles, bodkins, crochets: 72163199 72209011 72269420 73072210 73121099 73191000 72163211 72209031 72269920 73072290 73129090 73192000 180 | Partnership Agreement ACP-EC 2005 revised edition | 181 73193000 73249090 Motor vehicles for ANNEXE XIII TO PROTOCOL 1 73199000 the transport of goods: Other cast articles 87042131 Products to which Article 6(3) shall not be applicable Springs and leaves for of iron or steel: 87042139 springs, of iron or steel: 73251020 87042291 73201011 73251050 87042299 73201019 73251091 87042391 Industrial Products (1) 87082990 Agricultural Products (1) 73201090 73251099 87042399 87083110 73202020 73259100 87043131 Motor cars and 87083191 Live horses, asses, 73202081 73259910 87043139 other motor vehicles: 87083199 mules and hinnies: 73202085 73259991 87043291 87031010 87083910 01012010 73202089 73259999 87031090 87083990 73209010 87032110 87084010 Milk and cream, 87032190 87084090 not concentrated: 73209030 Other articles 73209090 87032211 87085010 04011010 of iron or steel: 87032219 87085090 04011090 73261100 87032290 87086010 04012011 Stoves, ranges, 73261910 87032311 87086091 04012019 grates, cookers: 73261990 73211110 87032319 87086099 04012091 73262030 73211190 87032390 87087010 04012099 73262050 73211200 87032410 87087050 04013011 73262090 73211300 87032490 87087091 04013019 73269010 73218110 87033110 87087099 04013031 73269030 73218190 87033190 87088010 04013039 73269040 73218210 87033211 87088090 04013091 73269050 73218290 87033219 87089110 04013099 73218300 73269060 87033290 87089190 73219000 73269070 87033311 87089210 Buttermilk, curdled milk 73269080 87033319 87089290 and cream, yogurt, kephir: 73269091 87033390 87089310 Radiators for 04031011 87039010 87089390 central heating: 73269093 04031013 87039090 87089410 73221100 73269095 04031019 87089490 73221900 73269097 04031031 Chassis fitted 87089910 73229090 04031033 Unwrought zinc: with engines: 87089930 04031039 87060011 87089950 Table, kitchen or other 79011100 79011210 87060019 87089992 Potatoes, fresh or chilled: household articles: 87060091 87089998 79011230 07019051 73231000 87060099 79011290 73239100 Industrial Products (2) Leguminous vegetables, 79012000 73239200 Bodies (including cabs), shelled or unshelled, 73239310 for the motor vehicles: Unwrought aluminium: fresh or chilled: Zinc dust, 73239390 87071010 76011000 07081020 73239410 powders and flakes: 87071090 76012010 07081095 73239490 79031000 87079010 76012091 73239910 79039000 87079090 76012099 Other vegetables, 73239991 fresh or chilled: 73239999 Motor vehicles for Parts and accessories Aluminium powders 07095190 the transport of of the motor vehicles: and flakes: 07096010 Sanitary ware and parts ten or more persons: 87081010 76031000 thereof, of iron or steel: 87021011 87081090 76032000 Vegetables (uncooked 73241090 87021019 87082110 or cooked by steaming 73242100 87029011 87082190 or boiled): 73242900 87029019 87082910 07108095 182 | Partnership Agreement ACP-EC 2005 revised edition | 183 Vegetables provisionally Pepper of the genus Piper; Agricultural Products (2) 07093000 Bananas, including plantains, 08112039 preserved: dried or crushed: 07094000 fresh or dried: 08112059 07111000 09042010 Cut flowers 07095110 08030011 08119011 07113000 and flower buds: 07095150 08030090 08119019 07119060 Soya-bean oil 06031055 07097000 08119039 07119070 and its fractions: 06031061 07099010 Dates, figs, pineapples, 08119075 15071010 06031069 (11) 07099020 avocados, guavas, 08119080 Dates, figs, pineapples, 15071090 07099040 mangoes: 08119095 avocados, guavas, 15079010 Onions, shallots, 07099050 08042010 mangoes: 15079090 garlic, leeks: 07099090 Fruit and nuts, 08042090 07031011 Citrus fruit, fresh or dried: provisionally preserved: 08052021 (1) (12) 08043000 Sunflower-seed, safflower 07031019 Vegetables (uncooked 08129010 08052023 (1) (12) 08044020 or cotton-seed oil: 07031090 or cooked by steaming 08129020 08052025 (1) (12) 08044090 15121110 07039000 or boiled): 08052027 (1) (12) 08044095 15121191 07101000 Fruit, dried: 08052029 (1) (12) 15121199 Cabbages, cauliflowers, 07102100 08132000 Grapes, fresh or dried: 08053090 15121910 kohlrabi, kale and similar: 07102200 08061029 (3) (12) 08059000 15121991 07041005 07102900 Wheat and meslin: 08062011 07103000 15121999 07041010 Grapes, fresh or dried: 10019010 08062012 07108010 15122110 07041080 08061095 08062018 07108051 15122190 07042000 08061097 Buckwheat, 07049010 07108061 millet and canary seed; Melons (including 15122910 07049090 07108069 other cereals: watermelons) and papaws 15122990 Apples, pears 07108070 10081000 (papayas): and quinces, fresh: Lettuce (Lactuca sativa) 07108080 12 10082000 08071100 Rape, colza or mustard oil 08081010 ( ) and chicory: 07108085 12 10089090 08071900 and fractions thereof: 08082010 ( ) 07109000 15141010 07051105 08082090 07051110 Flour, meal, powder, Apricots, cherries, 15141090 Vegetables provisionally 07051180 Apricots, cherries, flakes, granules and peaches (including 15149010 preserved: 07051900 peaches (including pellets: nectarines): 15149090 07112010 08093011 (5) (12) 07052100 nectarines): 11051000 07114000 12 08093051 (6) (12) Fruit, nuts and other 07052900 08091010 ( ) 11052000 07119040 12 edible parts of plants: 08091050 ( ) 07119090 12 Other fruit, fresh: 20081959 Carrots, turnips, salad 08092019 ( ) Flour, meal and powder 08109040 beetroot, salsify, celeriac: 08092029 (12) of the dried leguminous Dried vegetables, 7 12 08109085 Fruit juices (including 07061000 08093011 ( ) ( ) vegetables: whole, cut, sliced, broken: 12 grape must): 07069005 08093019 ( ) 11061000 07122000 8 12 Fruit and nuts, 20092099 07069011 08093051 ( ) ( ) 11063010 07123000 12 provisionally preserved: 20094099 07069017 08093059 ( ) 11063090 07129030 08094040 (12) 08121000 20098099 07069030 08122000 07069090 07129050 Fats and oils and 07129090 08129050 Unmanufactured tobacco; Other fruit, fresh: their fractions, of fish: 08101005 08129060 tobacco refuse: Leguminous vegetables, 15043011 08129070 Manioc, arrowroot, salep, 08102090 24011010 shelled or unshelled, 08129095 Jerusalem artichokes: 08103010 Other prepared 24011020 fresh or chilled: 07081090 07149011 08103030 or preserved meat, 24011041 Fruit, dried: 07082020 07149019 08103090 meat offal: 24011049 08134010 07082090 08104090 16022011 24011060 08135015 07082095 Other nuts, fresh or dried, 08105000 16022019 24012010 08135019 07089000 whether or not shelled: 16023111 08135039 24012020 08021190 Fruit and nuts, uncooked 16023119 08135091 24012041 Other vegetables, 08022100 or cooked by steaming: 16023130 08135099 24012060 fresh or chilled: 08022200 08112011 16023190 24012070 07091030 (12) 08024000 08112031 16023219 184 | Partnership Agreement ACP-EC 2005 revised edition | 185 16023230 Jams, fruit jellies, 20089953 Other fermented 02032913 02071460 16023290 marmalades, 20089955 beverages (for example, 02032915 02071470 16023929 fruit or nut puree: 20089961 cider): 02032955 02071499 16023940 20071091 20089962 22060010 02032959 02072410 16023980 20079993 20089968 02072490 16024190 20089972 Wine lees; argol: Meat of sheep or goats, 02072510 16024290 Fruit, nuts and other 20089974 23070019 fresh, chilled or frozen: 02072590 16029031 edible parts of plants: 20089979 02041000 02072610 16029072 20081194 20089999 Vegetable materials 02042100 02072620 16029076 20081198 and vegetable waste: 02042210 02072630 20081919 Fruit juices 23089019 02042230 02072640 Vegetables, fruit, nuts 20081995 (including grape must): 02042250 02072650 and other edible parts: 20081999 20091119 Agricultural Products (3) 02042290 02072660 20011000 20082051 20091191 02042300 02072670 20012000 20082059 20091919 Live swine: 02043000 02072680 20019050 20082071 20091991 01039110 02044100 02072699 20019065 20082079 20091999 01039211 02044210 02072710 20019096 20082091 20092019 01039219 02044230 02072720 20082099 20092091 02044250 02072730 Mushrooms and truffles, 20083011 20093019 Live sheep and goats: 02044290 02072740 prepared or preserved: 20083039 20093031 01041030 02044310 02072750 20031020 20083051 20093039 01041080 02044390 02072760 20031030 20083059 20093051 01042090 02045011 02072770 20031080 20084011 20093055 02045013 02072780 20032000 20084021 20093091 Live poultry, that is to say, 02045015 02072799 20084029 20093095 fowls of the species: 02045019 02073211 Other vegetables 20084039 20093099 01051111 02045031 02073215 prepared or preserved 20086011 20094019 01051119 02045039 02073219 otherwise: 20086031 20094091 01051191 02045051 02073251 20041010 20086039 20098019 01051199 02045053 02073259 20041099 20086059 20098050 01051200 02045055 02073290 20049050 20086069 20098061 01051920 02045059 02073311 20049091 20086079 20098063 01051990 02045071 02073319 20049098 20086099 20098073 01059200 02045079 02073351 20087011 20098079 01059300 02073359 Other vegetables 20087031 20098083 01059910 Meat and edible offal: 02073390 prepared or preserved 20087039 20098084 01059920 02071110 02073511 otherwise: 20087059 20098086 01059930 02071130 02073515 20051000 20088011 20098097 01059950 02071190 02073521 20052020 20088031 20099019 02071210 02073523 20052080 20088039 20099029 Meat of swine, fresh, 02071290 02073525 20054000 20088050 20099039 chilled or frozen: 02071310 02073531 20055100 20088070 20099041 02031110 02071320 02073541 20055900 20088091 20099051 02031211 02071330 02073551 20088099 20099059 02031219 02071340 02073553 Vegetables, fruit, 20089923 20099073 02031911 02071350 02073561 nuts, fruit-peel: 20089925 20099079 02031913 02071360 02073563 20060031 20089926 20099092 02031915 02071370 02073571 20060035 20089928 20099094 02031955 02071399 02073579 20060038 20089936 20099095 02031959 02071410 02073599 20060099 20089945 20099096 02032110 02071420 02073611 20089946 20099097 02032211 02071430 02073615 20089949 20099098 02032219 02071440 02073621 02032911 02071450 02073623 186 | Partnership Agreement ACP-EC 2005 revised edition | 187 02073625 04029199 Birds’ eggs, in shell, Dried vegetables, whole, 08092041 (12) 11029030 02073631 04029911 fresh, preserved or cut, sliced, broken: 08092049 (12) 11029090 02073641 cooked: 07129019 12 04029919 08092051 ( ) Cereal groats, 02073651 04070011 12 04029931 08092059 ( ) meal and pellets: Manioc, arrowroot, salep, 12 02073653 04029939 04070019 08092061 ( ) 11031110 Jerusalem artichokes: 12 02073661 04029991 04070030 08092069 ( ) 11031190 07141010 12 02073663 04029999 08092071 ( ) 11031200 Birds’ eggs, not in shell, 07141091 12 02073671 08092079 ( ) 11031910 Buttermilk, curdled milk and egg yolks, fresh: 07141099 12 02073679 08093021 ( ) 11031930 and cream, yogurt, kephir: 04081180 07142090 12 02073690 08093029 ( ) 11031990 04039051 04081981 08093031 (12) Pig fat, free of lean meat, Citrus fruit, fresh or dried: 11032100 04039053 04081989 08093039 (12) and poultry fat: 08051037 (2) (12) 11032910 04039059 04089180 08093041 (12) 02090011 08051038 (2) (12) 11032920 04039061 04089980 08093049 (12) 02090019 08051039 (2) (12) 11032930 04039063 08094020 (12) 02090030 Natural honey: 08051042 (2) (12) 11032990 04039069 08094030 (12) 02090090 04090000 08051046 (2) (12) Cereal grains Whey, whether or not 08051082 Other fruit, fresh: otherwise worked: Meat and edible meat Tomatoes, fresh or chilled: concentrated: 08051084 08101010 11041110 offal, salted, in brine: 12 04041048 07020015 ( ) 08051086 08101080 12 11041190 02101111 07020020 ( ) 12 04041052 08052011 ( ) 08102010 11041210 12 02101119 07020025 ( ) 12 04041054 08052013 ( ) 11041290 02101131 12 04041056 07020030 ( ) 08052015 (12) Fruit and nuts, uncooked 11041910 02101139 12 04041058 07020035 ( ) 08052017 (12) or cooked by steaming: 11041930 12 02101190 07020040 ( ) 12 04041062 08052019 ( ) 08111011 11041999 12 02101211 07020045 ( ) 10 12 04041072 08052021 ( ) ( ) 08111019 11042110 12 02101219 07020050 ( ) 10 12 04041074 08052023 ( ) ( ) 11042130 02101290 Wheat and meslin: 04041076 08052025 (10) (12) 11042150 02101910 Cucumbers and gherkins, 10 12 10011000 04041078 08052027 ( ) ( ) 11042190 02101920 10019091 fresh or chilled: 08052029 (10) (12) 11042199 04041082 12 02101930 07070010 ( ) 12 10019099 04041084 08052031 ( ) 11042220 02101940 12 07070015 ( ) 08052033 (12) 11042230 02101951 12 Rye: 07070020 ( ) 08052035 (12) 11042250 Cheese and curd: 12 02101959 07070025 ( ) 12 10020000 11 08052037 ( ) 11042290 04061020 ( ) 12 02101960 07070030 ( ) 12 04061080 (11) 08052039 ( ) 11042292 02101970 07070035 (12) Barley: 04062090 (11) 11042299 02101981 07070040 (12) Grapes, fresh or dried: 10030010 04063010 (11) 11042911 02101989 07070090 08061021 (12) 10030090 04063031 (11) 11042915 02101990 08061029 (4) (12) 04063039 (11) Oats: 11042919 02109011 Other vegetables, 08061030 (12) 04063090 (11) 10040000 11042931 02109019 fresh or chilled: 08061050 (12) 11 11042935 02109021 04064090 ( ) 07091010 (12) 08061061 (12) 11 Buckwheat, 11042939 02109029 04069001 ( ) 07091020 (12) 08061069 (12) 11 millet and canary seed; 11042951 02109031 04069021 ( ) 07092000 08061093 11 other cereals: 11042955 02109039 04069050 ( ) 07099039 11 10089010 11042959 04069069 ( ) 07099075 (12) Apricots, cherries, 11 11042981 Milk and cream, 04069078 ( ) 07099077 (12) peaches (including Wheat or meslin flour: 11 11042985 concentrated: 04069086 ( ) 07099079 (12) nectarines): 11010011 12 11042989 04029111 04069087 (11) 08091020 ( ) 11010015 12 11043010 04029119 04069088 (11) Vegetables provisionally 08091030 ( ) 11010090 04029131 04069093 (11) preserved: 08091040 (12) Flour, meal and powder 04029139 04069099 (11) 07112090 08092011 (12) Cereal flours other than of of the dried leguminous 04029151 08092021 (12) wheat or meslin: vegetables: 04029159 08092031 (12) 11021000 11062010 04029191 08092039 (12) 11029010 11062090 188 | Partnership Agreement ACP-EC 2005 revised edition | 189 Malt, whether 16025039 20089921 Bran, sharps Butter and other fats and 18069031 or not roasted: 16025080 20089932 and other residues: oils derived from milk: 18069039 11071011 16029010 20089933 23023010 04052010 18069050 11071019 16029041 20089934 23023090 04052030 18069060 11071091 16029051 20089937 23024010 18069070 Vegetable saps 11071099 16029069 23024090 18069090 20089943 and extracts; 11072000 16029074 Oil-cake and other solid pectic substances: Malt extract; food 16029078 Fruit juices Locust beans, residues: 13022010 preparations of flour, 16029098 (including grape must): seaweeds and other 23069019 13022090 meal: algae, sugar beet: 20091111 19011000 Other sugars, including Preparations of a kind Margarine: 12129120 20091911 19012000 chemically pure lactose: used in animal feeding: 15171010 12129180 20092011 19019011 17021100 23091013 15179010 20093011 19019019 Pig fat (including lard) 17021900 23091015 20093059 19019099 and poultry fat: 23091019 Other sugars, including Pasta, whether 20094011 15010019 23091033 chemically pure lactose: or not cooked or stuffed: 20095010 Pasta, whether 23091039 17025000 19022030 20095090 or not cooked or stuffed: Olive oil and its fractions, 23091051 17029010 20098011 19021100 whether or not refined: 23091053 Jams, fruit jellies, 20098032 19021910 15091010 23091059 Sugar confectionery 15091090 marmalades, 20098033 (including white 19021990 fruit or nut puree: 23091070 19022091 15099000 20098035 23099033 chocolate): 20071099 20099011 17041011 19022099 Other oils 23099035 19023010 20079190 20099021 17041019 and their fractions: 23099039 19023090 20079991 20099031 17041091 15100010 23099043 20079998 17041099 19024010 15100090 23099049 19024090 Food preparations not 23099051 17049010 Fruit, nuts and other 17049030 Degras: elsewhere specified: 23099053 edible parts of plants: 17049051 Tapioca and substitutes: 15220031 21069051 23099059 20082011 17049055 19030000 15220039 23099070 20082031 Wine of fresh grapes, 17049061 20083019 Prepared foods: Sausages and similar including fortified wines: Albumins: 17049065 20083031 19041010 products, of meat, 22041019 (11) 35021190 17049071 20083079 19041030 meat offal: 22041099 (11) 35021990 17049075 20083091 19041090 16010091 22042110 35022091 17049081 20083099 19042010 16010099 22042181 35022099 17049099 20084019 19042091 22042182 Agricultural Products (4) Other prepared 20084031 Chocolate and 19042095 22042198 or preserved meat, 20085011 other food preparations: 19042099 22042199 Buttermilk, curdled milk meat offal: 20085019 18061015 19049010 22042910 and cream, yogurt, kephir: 16021000 20085031 18061020 19049090 22042958 04031051 16022090 20085039 04031053 18061030 20085051 22042975 Bread, pastry, cakes, 16023211 04031059 18061090 20085059 22042998 18062010 biscuits: 16023921 04031091 20086019 22042999 18062030 19051000 16024110 04031093 20086051 22043010 18062050 19052010 16024210 04031099 20086061 22043092 (12) 18062070 19052030 16024911 04039071 20086071 12 18062080 19052090 16024913 22043094 ( ) 04039073 20086091 12 18062095 19053011 16024915 22043096 ( ) 04039079 20087019 12 18063100 19053019 16024919 22043098 ( ) 04039091 20087051 18063210 19053030 16024930 04039093 20088019 Undenatured ethyl 18063290 19053051 16024950 04039099 16024990 20089216 alcohol: 18069011 19053059 16025031 20089218 22082040 18069019 19053091 190 | Partnership Agreement ACP-EC 2005 revised edition | 191 19053099 Ice cream and 38246091 Wine of fresh grapes, 02109049 04051050 19054010 other edible ice: 38246099 including fortified wines: 02109090 04051090 19054090 21050010 22042179 (11) 04052090 19059010 21050091 Agricultural Products (5) 22042180 (11) Milk and cream, 04059010 19059020 21050099 22042183 (11) concentrated: 04059090 19059030 Cut flowers 22042184 (11) 04021011 Food preparations 19059040 and flower buds: 04021019 Cut flowers 11 not elsewhere specified 6 19059045 06031015 ( ) Agricultural Products ( ) 04021091 and flower buds: or included: 11 19059055 06031029 ( ) 04021099 06031011 21061020 06031051 (11) 06031013 19059060 Live bovine animals: 04022111 21061080 06031065 (11) 06031021 19059090 01029005 04022117 21069010 06039000 (11) 06031025 01029021 04022119 21069020 06031053 Vegetables, fruit, nuts: 01029029 04022191 21069098 Fruit and nuts, uncooked 20019040 01029041 or cooked by steaming: 04022199 Other vegetables, 11 01029049 04022911 Waters, including mineral 08111090 ( ) fresh or chilled: Other vegetables: 01029051 04022915 waters and aerated water: 07099060 20041091 Fruit, nuts and other 01029059 04022919 22029091 edible parts of plants: 01029061 04022991 Vegetables (uncooked 22029095 20084051 (11) 01029069 Other vegetables: 04022999 or cooked by steaming 22029099 20084059 (11) 01029071 20052010 or boiling): 20084071 (11) 01029079 Buttermilk, curdled milk 07104000 Vinegar and substitutes 11 Fruit, nuts and other 20084079 ( ) and cream, yogurt, kephir: for vinegar: 11 04039011 edible parts of plants: 20084091 ( ) Meat of bovine animals, Vegetables provisionally 22090011 11 04039013 20089985 20084099 ( ) fresh or chilled: preserved: 22090019 11 20089991 20085061 ( ) 02011000 04039019 07119030 22090091 20085069 (11) 02012020 04039031 22090099 11 Fruit juices (including 20085071 ( ) 02012030 04039033 Bananas, including 11 grape must): 20085079 ( ) 02012050 04039039 plantains, fresh or dried: Acyclic alcohols and their 11 20098069 20085092 ( ) 02012090 08030019 halogenated derivatives: 20085094 (11) 02013000 Whey, whether Extracts, essences and 29054300 20085099 (11) or not concentrated: Citrus fruit, fresh or dried: concentrates, of coffee: 29054411 20087061 (11) Meat of bovine animals, 04041002 08051001 (12) 21011111 29054419 20087069 (11) frozen: 04041004 08051005 (12) 21011119 29054491 20087071 (11) 02021000 04041006 08051009 (12) 21011292 29054499 20087079 (11) 02022010 04041012 08051011 (12) 21011298 29054500 20087092 (11) 02022030 04041014 08051015 (2) 21012098 20087094 (11) 02022050 04041016 08051019 (2) 11 2 21013011 Mixtures of odoriferous 20087099 ( ) 02022090 04041026 08051021 ( ) substances and mixtures: 11 12 21013019 20089259 ( ) 02023010 04041028 08051025 ( ) 33021010 11 12 21013091 20089272 ( ) 02023050 04041032 08051029 ( ) 33021021 11 12 21013099 20089274 ( ) 02023090 04041034 08051031 ( ) 33021029 20089278 (11) 04041036 08051033 (12) Yeasts (active or inactive): 20089298 (11) Edible offal of bovine 04041038 08051035 (12) 21021010 Finishing agents, animals, swine, sheep, 04049021 08051037 (9) (12) 21021031 dye carriers: Fruit juices goats: 04049023 08051038 (9) (12) 21021039 38091010 (including grape must): 02061095 04049029 08051039 (9) (12) 21021090 38091030 20091199 (11) 02062991 04049081 08051042 (9) (12) 21022011 38091050 20094030 (11) 02062999 04049083 08051044 (12) 38091090 20097011 (11) 04049089 08051046 (9) (12) Sauces and preparations 20097019 (11) Meat and edible meat 08051051 (2) therefor; mixed Prepared binders for 20097030 (11) offal, salted, in brine: Butter and other fats and 08051055 (2) condiments: foundry moulds or cores: 20097091 (11) 02102010 oils derived from milk: 08051059 (2) 21032000 38246011 20097093 (11) 02102090 04051011 08051061 (2) 38246019 20097099 (11) 02109041 04051030 08051065 (2) 192 | Partnership Agreement ACP-EC 2005 revised edition | 193 08051069 (2) 10063025 Other prepared Other vegetables 21069055 Agricultural Products (7) 08053020 (2) 10063027 or preserved meat, prepared or preserved: 21069059 08053030 (2) 10063042 meat offal: 20049010 Cheese and curd: 08053040 (2) 10063044 16025010 Wine of fresh grapes, 04062010 Other vegetables 10063046 16029061 including fortified wines: 04064010 Grapes, fresh or dried: 10063048 prepared or preserved: 22042194 04064050 12 20056000 08061040 ( ) 10063061 Cane or beet sugar and 22042962 04069002 20058000 22042964 04069003 10063063 chemically pure sucrose: Apples, pears 10063065 22042965 04069004 17011110 Jams, fruit jellies, and quinces, fresh: 10063067 22042983 04069005 12 17011190 marmalades, 08081051 ( ) 10063092 22042984 04069006 12 17011210 fruit or nut puree: 08081053 ( ) 10063094 22042994 04069007 12 17011290 20071010 08081059 ( ) 10063096 04069008 12 17019100 20079110 08081061 ( ) 10063098 Vermouth and other 04069009 12 17019910 20079130 08081063 ( ) 10064000 wine of fresh grapes: 04069012 08081069 (12) 17019990 20079910 22051010 04069014 08081071 (12) Grain sorghum: 20079920 22051090 04069016 08081073 (12) 10070010 Other sugars, including 20079931 22059010 04069018 08081079 (12) 10070090 chemically pure lactose: 20079933 22059090 04069019 08081092 (12) 17022010 20079935 04069023 Cereal flours other than 08081094 (12) 17022090 20079939 Undenatured ethyl 04069025 of wheat or meslin: 08081098 (12) 17023010 20079951 alcohol: 04069027 11022010 08082031 (12) 17023051 20079955 22071000 04069029 11022090 08082037 (12) 17023059 20079958 22072000 04069031 11023000 08082041 (12) 04069033 17023091 Fruit, nuts and other 08082047 (12) Undenatured ethyl 04069035 Cereal groats, 17023099 edible parts of plants: 08082051 (12) alcohol: 04069037 meal and pellets: 17024010 20083055 08082057 (12) 22084010 04069039 11031310 17024090 20083075 08082067 (12) 22084090 04069061 11031390 17026010 20089251 22089091 04069063 11031400 17026090 20089276 Maize (corn): 22089099 04069073 11032940 17029030 20089292 10051090 04069075 11032950 17029050 20089293 Bran, sharps 10059000 04069076 17029060 20089294 and other residues: Cereal grains otherwise 04069079 17029071 20089296 23021010 Rice: worked: 04069081 17029075 20089297 23021090 10061010 11041950 04069082 17029079 23022010 10061021 11041991 04069084 17029080 Fruit juices 23022090 10061023 11042310 (including grape must): 04069085 11042330 17029099 10061025 20094093 Residues of starch 11042390 10061027 20096011 (12) manufacture and similar Wine of fresh grapes, 11042399 Vegetables, fruit, nuts 10061092 20096019 (12) residues: including fortified wines: 11043090 and other edible parts: 10061094 20096051 (12) 22041011 20019030 23031011 10061096 12 Starches; inulin: 20096059 ( ) 22041091 10061098 20096071 (12) Dextrins and other 22042111 11081100 Tomatoes prepared 10062011 20096079 (12) modified starches: 22042112 11081200 or preserved: 10062013 20096090 (12) 35051010 22042113 11081300 20021010 10062015 11081400 20098071 35051090 22042117 20021090 10062017 11081910 20099049 35052010 22042118 20029011 10062092 11081990 20099071 35052030 22042119 20029019 10062094 11082000 35052050 22042122 10062096 20029031 Food preparations not 35052090 22042124 10062098 Wheat gluten, whether 20029039 elsewhere specified or 22042126 10063021 or not dried: 20029091 included: 22042127 10063023 11090000 20029099 21069030 22042128 194 | Partnership Agreement ACP-EC 2005 revised edition | 195 22042132 Undenatured ANNEXE XIV TO PROTOCOL 1 22042134 ethyl alcohol: 22042136 22082012 Fishery products to which Article 6(3) 22042137 22082014 shall temporarily not be applicable 22042138 22082026 22042142 22082027 22042143 22082062 22042144 22082064 Fish Products (1) 03042013 03037300 22042146 22082086 03037520 22042147 22082087 Live fish: Pasta, whether 03037550 22042148 22083011 03011090 or not cooked or stuffed: 03037590 22042162 22083019 03019200 19022010 03037911 22042166 22083032 03019911 03037919 Fish Products (2) 22042167 22083038 03037935 Fish, fresh or chilled, 22042168 22083052 03037937 excluding fish fillets: Live fish: 22042169 22083058 03037945 03021200 03019110 22042171 22083072 03037951 03023110 03019300 22042174 03037960 22083078 03023210 03019919 22042176 03037962 22089041 03023310 22042177 Fish, fresh or chilled, 03037983 22089045 03023911 22042178 excluding fish fillets: 03037985 22089052 03023919 22042187 03021110 03026600 03037987 22042188 03021900 03026921 03037992 22042189 03022110 03037993 22042191 Fish, frozen, 03022130 03037994 22042192 excluding fish fillets: 03022200 03037996 22042193 03031000 03026200 03038000 22042195 03032200 03026300 22042196 03034111 03026520 Fish fillets and 22042197 03034113 03026550 other fish meat: 22042912 03034119 03026590 03041019 22042913 03034212 03026911 03041091 (1) (16/5-15/9) 22042917 03034218 03026919 03042019 (2) (1/6-15/10) 22042918 03034232 03026931 03042021 (3) (1/1-31/5) 03034238 22042942 Excluding Emperor variety 03026933 03042029 03034252 22042943 (4) Emperor variety or (1/6-31/12) 03026941 03042031 03034258 22042944 (5) (1/1-31/3) 03026945 03042033 03034311 22042946 (6) (1/10-31/12) 03026951 03042035 03034313 22042947 (7) (1/4-31/12) 03026985 03042037 03034319 22042948 (8) (1/1-30/9) 03026986 03042041 03034921 22042971 (9) (16/10-31/5) 03026992 03042043 03034923 22042972 (10) (16/9-15/5) 03026999 03042061 03034929 22042981 (11) Under the Agreement on Trade, 03027000 03042069 03034941 22042982 Development and Co-operation 03042071 between the European 03034943 22042987 Fish, frozen, 03042073 Community and the Republic of 03034949 22042988 South Africa, the annual growth excluding fish fillets: 03042087 factor (agf) will be applied 03037600 22042989 03032110 03042091 annually to the relevant basic 03037921 22042991 quantities. 03032900 03049010 03037923 22042992 (12) Under the Agreement on Trade, 03033110 03049031 03037929 22042993 Development and Co-operation 03033130 between the European 03049039 22042995 Community and the Republic Fish fillets and 03033300 03049041 22042996 of South Africa, the full specific other fish meat: 03033910 03049045 duty is payable if the respective 22042997 Entry Price is not reached. 03041013 03037200 03049057 196 | Partnership Agreement ACP-EC 2005 revised edition | 197 03049059 03074931 Fish Products (3) 03026935 03042053 Prepared or preserved 03049097 03074933 03026955 03042075 fish; caviar and caviar 03074935 Live fish: 03026961 03042079 substitutes: Fish, dried, salted or 03074938 03019190 03026975 03042081 16041210 in brine; smoked fish: 03074951 03026987 03042085 16041291 03054200 03074959 Fish, fresh or chilled, 03026991 03042096 16041299 03055950 03074971 excluding fish fillets: 03026993 03049005 16041412 03021190 03026994 03055970 03074991 03049020 16041414 03056300 03026995 03074999 03049027 16041416 03056930 Fish, frozen, 03075100 03049035 16041418 03056950 excluding fish fillets: Fish, frozen, 16041490 03075910 03049038 03056990 03075990 03032190 excluding fish fillets: 16041931 03049051 03079100 03033190 16041939 03049055 Crustaceans, whether in 03079911 Fish fillets and 03033200 16042070 03049061 shell or not, live, fresh: 03079913 other fish meat: 03033920 03041011 03049065 03061110 03079915 03033930 Fish Products (5) 03061190 03079918 03042011 03033980 03061210 03042057 03079990 03034190 Fish, dried, salted or Fish, fresh or chilled, 03061290 03042059 03034290 in brine; smoked fish: excluding fish fillets: 03061310 03049047 Prepared or preserved 03034390 03051000 03026965 03061390 03049049 fish; caviar and caviar 03034990 03052000 03026981 03061410 substitutes: 03035005 03053011 03061430 Prepared or preserved 03035098 16041100 03053019 Fish, frozen, excluding 03061490 fish; caviar and caviar 03036011 16041390 03053030 fish fillets: 03061910 substitutes: 03036019 16041511 03053050 03037810 03061990 16041311 03036090 16041519 03053090 03037890 03062100 03037110 16041590 03054100 03037981 03062210 Fish Products (4) 03037130 16041910 03054910 03062291 03037190 16041950 Fish fillets and 03062299 Live fish: 03037198 03054920 16041991 other fish meat: 03062310 03019990 03037410 03054930 16041992 03042083 03062390 03037420 03054945 16041993 03062410 Fish, fresh or chilled, 03037490 03054950 16041994 03062430 excluding fish fillets: 03037700 03054980 Prepared or preserved 16041995 03062490 03022190 03037931 03055110 fish; caviar and caviar 03062910 16041998 03022300 03037941 03055190 substitutes: 16042005 03062990 03022910 03037955 03055911 16041319 16042010 16041600 03022990 03037965 03055919 16042030 16042040 Molluscs, whether in 03023190 03037971 03055930 16043010 16042050 shell or not, live, fresh: 03023290 03037975 03055960 16043090 16042090 03071090 03023390 03037991 03055990 03072100 03023991 03037995 03056100 03072910 Crustaceans, molluscs and 03023999 03056200 03072990 other aquatic invertebra: 03024005 Fish fillets and 03056910 03073110 16051000 03024098 other fish meat: 03056920 03073190 16052010 03025010 03041031 03073910 16052091 03025090 03041033 03073990 16052099 03026110 03041035 Crustaceans, whether in 03074110 16053000 03026130 03041038 shell or not, live, fresh: 03074191 16054000 03026190 03041094 03061330 03074199 16059011 03026198 03041096 03061930 03074901 16059019 03026405 03041098 03062331 03074911 16059030 03026498 03042045 03062339 03074918 16059090 03026925 03042051 03062930 198 | Partnership Agreement ACP-EC 2005 revised edition | 199 information between the parties, threatened to cause serious injury to ANNEXE XV PROTOCOL 2 should apply only to products, which the Community’s domestic producers of TO PROTOCOL 1 on the implementation the Community considers, insofar as it like or directly competitive products or of Article 9 is concerned, as sensitive. serious disturbances in a sector of the Joint declaration economy of the Community or difficul- The implementation of this mechanism ties which could bring about serious on cumulation 1. The Parties agree that every endeavour will be the subject of a joint agreement deterioration in the economic situation should be made to avoid recourse being on the basis of data to be furnished by of a region of the Community. The Parties agreed that, for the implemen- had to the safeguard measures provided the Community and with the help of sta- tation of Article 6(11) of Protocol 1, the fol- for under Article 8. tistical information to be communicated 6. If no other arrangement has been con- lowing definitions shall apply: by the ACP States to the Commission at cluded in the meanwhile with the ACP 2. Both Parties are guided by the conviction the latter’s request. State or States concerned, the compe- developing country: any country listed as that the implementation on Article 9(4) tent authorities of the Community may, such by the Development Aid Committee and (5) would enable them to recog- For the effective implementation of this at the end of the twenty-one day period of the OECD except the High Income nize, at an early stage, problems which mechanism it is necessary that the ACP provided for in respect of those consul- Countries (HIC) and the countries with a could arise and, taking account of all States concerned provide the tations, take the appropriate measures GNP exceeding in 1992 100 billion dollars relevant factors, avoid as far as possi- Commission, as far as possible on a for the implementation of Article 8. at current prices; ble recourse to measures which the monthly basis, with statistics relating to These measures shall be communi- Community would prefer not to adopt their exports to the Community and to cated immediately to the ACP States the expression "neighbouring developing vis-à-vis its preferential trading part- each of its Member States of products and become immediately applicable. country belonging to a coherent geograph- ners. considered by the Community to be ical entity" shall refer to the following list sensitive. 7. This procedure would apply without of countries: 3. Both Parties acknowledge the need for prejudice to measures, which could be implementation of the mechanism of b) A procedure for regular consultation. taken in the event of special factors - Africa: Algeria, Egypt, Libya, Morocco, advance information provided for under within the meaning of Article 9(3). In Tunisia; Article 9 (4), the objective of which is to The statistical surveillance mechanism this case all relevant information will be limit, in the case of sensitive products, mentioned above will enable the two supplied promptly to the ACP States. - Caribbean: Colombia, Costa Rica, Cuba, the risks of sudden or unforeseen Parties better to follow the trends in El Salvador, Guatemala, Honduras, recourse to safeguard measures. These trade likely to cause concern. On the 8. In this case, the interests of the least Nicaragua, Panama, Venezuela; arrangements will permit the mainte- basis of this information and in accord- developed, landlocked and island ACP nance of a regular flow of trade infor- ance with Article 9 (5), the Community States will receive particular attention, - Pacific: Nauru. mation and the simultaneous imple- and the ACP States will have the possi- in accordance with Article 2 of the mentation of regular consultation pro- bility of holding periodic consultations Agreement. cedures. Thus the two Parties will be in in order to ensure that the objectives of a position to follow closely the trends in that Article are fulfilled. These consult- the sensitive sectors and detect prob- ations will take place at the request of lems which could arise. either Party. 4. The following two procedures result 5. If the conditions of application of safe- from this : guard measures as provided for in a) The statistical surveillance mechanism Article 8 are fulfilled, it would be the Without prejudice to internal arrange- responsibility of the Community, in ments that the Community may apply accordance with Article 9(1) relating to to control its imports, Article 9 (4) pro- prior consultations concerning the vides for the institution of a mechanism application of safeguard measures, to intended to ensure statistical surveil- enter immediately into consultations lance of certain ACP exports to the with the ACP States concerned by pro- Community and thus facilitate the viding them with all the information examination of occurrences such as to necessary for those consultations, cause market disturbances. especially the necessary data from which to determine to what extent This mechanism, the sole objective of imports of a specific product from an which is to facilitate the exchange of ACP State or States have caused or

200 | Partnership Agreement ACP-EC 2005 revised edition | 201 PROTOCOL 3 ARTICLE 3 Article 3 (3) in respect of the period up ARTICLE 7 to 30 June 1975, which shall also be 1. If, during any delivery period, a sugar- CONTAINING THE TEXT OF 1. Quantities of cane sugar referred to in regarded as a delivery period. exporting ACP State fails to deliver its Article 1, expressed in metric tons of white PROTOCOL 3 ON ACP SUGAR agreed quantity in full for reasons of sugar, hereinafter referred to as "agreed 2. The quantities to be delivered up to quantities", for delivery in each 12-month 30 June 1975, referred to in Article 3 (3), force majeure the Commission shall, at appearing in the ACP-EEC Convention of period referred to in Article 4 (1), shall be shall include supply en route from port the request of the State concerned, Lomé signed on 28 February 1975 and the as follows: of shipment or, in the case of land- allow the necessary additional period corresponding declarations annexed to locked States, across frontiers. for delivery. that Convention Barbados 49 300 3. Deliveries of ACP cane sugar in the 2. If a sugar-exporting ACP State informs Fiji 163 600 period up to 30 June 1975 shall benefit Guyana 157 700 the Commission during the course of a from the guaranteed prices applicable Jamaica 118 300 delivery period that it will be unable to PROTOCOL 3 in the delivery period beginning 1 July Kenya 5 000 deliver its agreed quantity in full and 1975. Identical arrangements may be on ACP sugar Madagascar 10 000 that it does not wish to have the made for subsequent delivery periods. Malawi 20 000 additional period referred to in ARTICLE 1 paragraph 1, the shortfall shall be Mauritius 487 200 ARTICLE 5 Swaziland 116 400 reallocated by the Commission for 1. The Community undertakes for an indef- Tanzania 10 000 1. White or raw sugar shall be marketed on delivery during the delivery period in inite period to purchase and import, at Trinidad and Tobago 69 000 the Community market at prices freely question. Such reallocation shall be guaranteed prices, specific quantities of Uganda 5 000 negotiated between buyers and sellers. made by the Commission after con- cane sugar, raw or white, which originate People’s Republic sultation with the States concerned. in the ACP States and which these States of Congo 10 000 2. The Community shall not intervene if undertake to deliver to it. and when a Member State allows sell- 3. If, during any delivery period, a sugar- 2. Subject to Article 7, these quantities may ing prices within its borders to exceed exporting ACP State fails to deliver its 2. The safeguard clause in Article 10 of the not be reduced without the consent of the Community’s threshold price. agreed quantity in full for reasons other Convention shall not apply. The imple- the individual States concerned. than force majeure, that quantity shall 3. The Community undertakes to purchase, mentation of this Protocol is carried out be reduced in respect of each sub- at the guaranteed price, quantities of within the framework of the manage- 3. Nevertheless, in respect of the period sequent delivery period by the un- ment of the common organization of the up to 30 June 1975, the agreed quan- white or raw sugar, within agreed quan- delivered quantity. sugar market which, however, shall in tities, expressed in metric tons of white tities, which cannot be marketed in the no way prejudice the commitment of the sugar, shall be as follows: Community at a price equivalent to or in 4. It may be decided by the Commission Community under paragraph 1. excess of the guaranteed price. that, in respect of subsequent delivery Barbados 29 600 periods, the undelivered quantity shall 4. The guaranteed price, expressed in ARTICLE 2 Fiji 25 600 be reallocated between the other States, Guyana 29 600 units of account, shall refer to un- which are referred to in Article 3. Such Jamaica 83 800 packed sugar, cif European ports of the reallocation shall be made in consulta- 1. Without prejudice to Article 7, no change Madagascar 2 000 Community, and shall be fixed in tion with the States concerned. in this Protocol may enter into force until Mauritius 65 300 respect of standard quality sugar. It a period of five years has elapsed from Swaziland 19 700 shall be negotiated annually, within the the date on which the Convention enters ARTICLE 8 Trinidad and Tobago 54 200 price range obtaining in the Commu- into force. Thereafter, such changes as nity, taking into account all relevant 1. At the request of one or more of the may be agreed upon will come into force ARTICLE 4 economic factors, and shall be decided at a time to be agreed. at the latest by 1 May immediately pre- States supplying sugar under the terms ceding the delivery period to which it of this Protocol, or of the Community, 1. In each 12-month period from 1 July to 2. The conditions for implementing the will apply. consultations relating to all measures guarantee referred to in Article 1 shall 30 June inclusive, hereinafter referred necessary for the application of this be re-examined before the end of the to as the "delivery period", the sugar- ARTICLE 6 Protocol shall take place within an seventh year of their application. exporting ACP States undertake to appropriate institutional framework to deliver the quantities referred to in Purchase at the guaranteed price, referred be adopted by the Contracting Parties. Article 3 (1), subject to any adjustments to in Article 5 (3), shall be assured For this purpose the institutions estab- resulting from the application of Art- through the medium of the intervention lished by the Convention may be used icle 7. A similar undertaking shall apply agencies or of other agents appointed by during the period of application of the equally to the quantities referred to in the Community. Convention.

202 | Partnership Agreement ACP-EC 2005 revised edition | 203 2. In the event of the Convention ceasing to be operative, the sugar-supplying ANNEXE ANNEXE ANNEXE States referred to in paragraph 1 and TO PROTOCOL 3 TO PROTOCOL 3 TO PROTOCOL 3 the Community shall adopt the appropriate institutional provisions to ensure Declarations on Protocol 3 Exchange of Letters between Agreement the continued application of the provi- the Dominican Republic and sions of this Protocol. In the form of an exchange of letters between 1. Joint declaration concerning possible the community concerning the European Economic Community and 3. The periodical reviews provided for requests for participation in the provi- the Protocol on ACP sugar Barbados, Belize, the People’s Republic of under this Protocol shall take place sions of Protocol 3. Any request from an the Congo, Fiji, the Cooperative Republic of within the agreed institutional frame- ACP State Contracting Party to the Letter N° 1, from the Government Guyana, Jamaica, the Republic of Kenya, the work. Convention not specifically referred to in of the Dominican Republic Democratic Republic of Madagascar, the Protocol 3 to participate in the provisions Republic of Malawi, Mauritius, the Republic 1 ARTICLE 9 of that Protocol shall be examined( ). Sir, of Surinam, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Special types of sugar traditionally de- 2. Declaration by the Community concern- I have the honour to confirm that the Tobago, the Republic of Uganda, the livered to Member States by certain sugar- ing sugar originating in Belize, St-Kitts- Dominican Republic wishes neither now Republic of Zimbabwe and Saint Christopher exporting ACP States shall be included in, Nevis-Anguilla and Suriname. nor in the future, to accede to the Protocol and Nevis on the accession of the last-men- and treated on the same basis as, the on ACP sugar annexed to the ACP-EEC tioned country to Protocol 7 on ACP sugar quantities referred to in Article 3. a) The Community undertakes to adopt the Convention. The Dominican Republic annexed to the Second ACP-EEC Convention. necessary measures to ensure the same accordingly undertakes not to apply to ARTICLE 10 treatment as provided for in Protocol 3, accede to the said Protocol. It will write a for the following quantities of cane sugar, letter to this effect to the ACP Group of Letter N° 1 raw or white, originating in: States. I should be obliged if you would The provisions of this Protocol shall acknowledge receipt of this letter. Please Brussels, remain in force after the date specified in Belize 39 400 tons accept, Sir, the assurance of my highest Article 91 of the Convention. After that St-Kitts-Nevis-Anguilla 14 800 tons consideration. Sir, date the Protocol may be denounced by Suriname 4 000 tons the Community with respect to each ACP The representatives of the ACP States State and by each ACP State with respect b) Nevertheless, in respect of the period Letter N° 2, from the President of the referred to in Protocol 7 on ACP sugar to the Community, subject to two years’ up to 30 June 1975, the quantities shall Council of the European Communities annexed to the Second ACP-EEC Convention notice. be as follows: Sir, and of the Commission on behalf of the European Economic Community, have Belize 14 800 tons I have the honour to acknowledge receipt agreed on the following: St-Kitts-Nevis-Anguilla 7 900 tons(2) of your letter of today’s date which reads as follows: - Saint Christopher and Nevis is hereby 3. Declaration by the Community on included in Article 3 (1) of the said Article 10 of Protocol 3. "I have the honour to confirm that the Protocol with an agreed quantity of The Community declares that Article 10 of Dominican Republic wishes neither now 14 800 tonnes with effect from the day on Protocol 3 providing for the possibility of nor in the future, to accede to the Protocol which it accedes to the Second ACP-EEC denunciation in that Protocol, under the on ACP sugar annexed to the ACP-EEC Convention. conditions set out in that Article, is for the Convention. purposes of juridical security and does Up to this date, the provisions of Annexe not represent for the Community any The Dominican Republic accordingly IV to Council Decision 80/1186/EEC of qualification or limitation of the principles undertakes not to apply to accede to the 16 December 1980 on the association of enunciated in Article 1 of that Protocol (3). said Protocol. It will write a letter to this the overseas countries and territories with effect to the ACP Group of States." the European Economic Community shall remain applicable. The Community confirms its agreement on the content of that letter. I should be obliged if you would acknowledge receipt of this letter and confirm (1) Annexe XIII to the Final Act of the ACP – EEC Convention. (2) Annexe XXI to the Final Act of the ACP – EEC Convention. Please accept, Sir, the assurance of my that this letter and your reply constitute (3) Annexe XXII to the Final Act of the ACP – EEC Convention. highest consideration. an Agreement between the Governments

204 | Partnership Agreement ACP-EC 2005 revised edition | 205 of the above-mentioned ACP States and Letter n° 2 the Community. ANNEXE ANNEXE TO PROTOCOL 3 Sir..., TO PROTOCOL 3 Please accept, Sir, the assurance of my highest consideration. Agreement I have the honour to acknowledge receipt Agreement of your letter of today’s date which reads For the Council of the In the form of an exchange of letters as follows: In the form of an exchange of letters European Communities between the European Economic between the European Economic Community and Barbados, the People’s "The representatives of the ACP States Community and Barbados, Belize, the Letter N° 2 Republic of the Congo, Fiji, the referred to in Protocol 7 on ACP sugar People’s Republic of the Congo, Fiji, the Cooperative Republic of Guyana, Jamaica, annexed to the Second ACP-EEC Cooperative Republic of Guyana, Jamaica, Sir, the Republic of Kenya, the Democratic Convention of the Republic of Zimbabwe the Republic of Kenya, the Democratic Republic of Madagascar, the Republic of and of the Commission, on behalf of the Republic of Madagascar, the Republic of I have the honour to acknowledge receipt of Malawi, Mauritius, the Republic of European Economic Community, have Malawi, Mauritius, the Republic of your letter of today’s date which reads as Surinam, the Kingdom of Swaziland, the agreed on the following. Surinam, the Kingdom of Swaziland, the follows: United Republic of Tanzania, Trinidad and United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda and the The Republic of Zimbabwe is hereby Tobago, the Republic of Uganda, the "The representatives of the ACP States Republic of Zimbabwe on the Accession of included in Article 3 (1) of the said Republic of Zimbabwe and the Republic of the latter country to Protocol 7 on ACP referred to in Protocol 7 on ACP sugar Protocol with an agreed quantity of the Ivory Coast on the Accession of the sugar annexed to the Second ACP-EEC annexed to the Second ACP-EEC Convention 25 000 tonnes with effect from 1 July 1982, last-mentioned country to Protocol 7 on Convention. and of the Commission on behalf of the and in respect of the period up to 30 June ACP sugar annexed to the Second ACP- European Economic community, have 1982 with an agreed quantity of EEC Convention. agreed on the following: Letter n° 1 6 000 tonnes.

- Saint Christopher and Nevis is hereby Sir..., I should be obliged if you would acknow- Letter n° 1 included in Article 3 (1) of the said Protocol ledge receipt of this letter and confirm with an agreed quantity of 14 800 tonnes The representatives of the ACP States that this letter and your reply constitute Sir, with effect from the day on which it accedes referred to in Protocol 7 on ACP sugar an Agreement between the Governments to the Second ACP-EEC Convention. annexed to the Second ACP-EEC of the abovementioned ACP States and The African, Caribbean and Pacific Group Convention, of the Republic of Zimbabwe the Community." of States referred to in Protocol 7 on ACP Up to this date, the provisions of Annexe IV and of the Commission, on behalf of the sugar annexed to the Second ACP-EEC to Council Decision 80/1186/EEC of European Economic Community, have I have the honour to confirm the agree- Convention, the Republic of the Ivory 16 December 1980 on the association of the agreed on the following. ment of the Governments of the ACP Coast and the European Economic overseas countries and territories with the States referred o in this letter with the Community have agreed on the following. European Economic Community shall The Republic of Zimbabwe is hereby in- foregoing. remain applicable. cluded in Article 3(1) of the said Protocol The Republic of the Ivory Coast is hereby with an agreed quantity of 25 000 tonnes Please accept, Sir, the assurance of my included in Article 3 (1) of the said I should be obliged if you would acknow- with effect from 1 July 1982, and in respect highest consideration. Protocol with effect from 1 July 1983 with ledge receipt of this letter and confirm that of the period up to 30 June 1982 with an an immediate agreed quantity of this letter and your reply constitute an agreed quantity of 6 000 tonnes. 2 000 tonnes (white value). Agreement between the Governments of For the Governments the abovementioned ACP States and the I should be obliged if you would acknow- I should be obliged if you would acknow- Community." ledge receipt of this letter and confirm ledge receipt of this letter and confirm that this letter and your reply constitute that this letter and your reply constitute I have the honour to confirm that the an Agreement between the Government of an Agreement between the Governments Governments of the ACP States referred to the abovementioned ACP States and the of the abovementioned ACP States and in your letter are in agreement with the con- Community. the Community. tents thereof. Please accept, Sir, the assurance of my Please accept, Sir, the assurance of my Please accept, Sir, the assurance of my highest consideration. highest consideration. highest consideration. On behalf of the Council On behalf of the Council For the Governments of the European Communities of the European Communities

206 | Partnership Agreement ACP-EC 2005 revised edition | 207 Letter n° 2 and Nevis, the Kingdom of Swaziland, the Convention, the Republic of Zambia and ARTICLE 2 United Republic of Tanzania, the Republic the European Community have agreed on Sir, of Trinidad and Tobago, the Republic of the following. Without prejudice to Article 4, the reduc- Uganda, the Republic of Zambia and the tion in customs duties provided for in I have the honour to acknowledge receipt Republic of Zimbabwe on the accession of The Republic of Zambia is hereby included Article 1 shall apply to the following quan- of your letter of today’s date which reads the Republic of Zambia to Protocol No 8 in Article 3 (1) of the said Protocol with tities expressed in boneless meat per cal- as follows: on ACP Sugar annexed to the Fourth ACP- effect from 1 January 1995 with an agreed endar year and per country: "The African, Caribbean and Pacific Group EEC Convention. quantity of 0 tonnes. of States referred to in Protocol 7 on ACP Botswana 18 916 tons sugar annexed to the Second ACP-EEC A. Letter n° 1 I should be obliged if you would acknow- Kenya 142 tons Convention, the Republic of the Ivory ledge receipt of this letter and confirm Madagascar 7 579 tons Coast and the European Economic Brussels, that this letter and your reply constitute Swaziland 3 363 tons Community have agreed on the following. and Agreement between the Governments Zimbabwe 9 100 tons Sir, of the abovementioned ACP States and Namibia 13 000 tons The Republic of the Ivory Coast is hereby the European Community." included in Article 3 (1) of the said The African, Caribbean and Pacific (ACP) Protocol with effect from 1 July 1983 with States referred to in Protocol No 8 on ACP I have the honour to confirm the agree- ARTICLE 3 an immediate agreed quantity of Sugar annexed to the Fourth ACP-EEC ment of the Governments of the ACP 2 000 tonnes (white value). Convention, the Republic of Zambia and States referred to in your letter with the In the event of an actual or foreseeable the European Community have agreed on contents thereof. recession in these exports due to disas- I should be obliged if you would acknow- the following. ters such as drought, cyclones or animal ledge receipt of this letter and confirm Please accept, Sir, the assurance of my diseases, the Community is willing to con- that this letter and your reply constitute The Republic of Zambia is hereby included highest consideration sider appropriate measures to ensure that an Agreement between the Governments in Article 3 (1) of the said Protocol with quantities affected for these reasons in of the abovementioned ACP States and effect from 1 January 1995 with an agreed any year can be delivered in the following the Community." quantity of 0 tonnes. For the Governments of the ACP States year. referred to in Protocol No 8 I have the honour to confirm the agree- I should be obliged if you would acknow- and of the Republic of Zambia ment of the Governments of the ACP ledge receipt of this letter confirm that States referred to in your letter with the this letter and your reply constitute an ARTICLE 4 contents thereof. Agreement between the Governments of the abovementioned ACP States and the PROTOCOL 4 If, in the course of a given year, one of the Please accept, Sir, the assurance of my European Community. ACP States referred to in Article 2 is not in highest consideration. on beef and veal a position to supply the total quantity Please accept, Sir, the assurance of my fixed and does not wish to benefit from For the Governments The Community and the ACP States agree highest consideration. the measures referred to in Article 3, the to take the special measures set out Commission may share out the amount to below to enable ACP States which are be made up among the other ACP States traditional exporters of beef and veal to On behalf of the Council concerned. In such a case, the ACP States maintain their position on the Community ANNEXE of the European Union concerned shall put forward a proposal market, thus guaranteeing a certain level to the Commission, not later than TO PROTOCOL 3 of income for their producers. B. Letter n° 2 1 September of that year, naming the ACP Agreement State or States which will be in a position Brussels, ARTICLE 1 to supply the new additional quantity, at In the form of an Exchange of Letters the same time indicating to it the ACP between the European Community and Sir, State which is not in a position to supply Barbados, Belize, the Republic of the Within the limits referred to in Article 2, the full amount allocated to it, on the Congo, Fiji, the Cooperative Republic of I have the honour to acknowledge receipt customs duties other than ad valorem understanding that this new temporary Guyana, the Republic of Côte d’Ivoire, of your letter of today which reads as fol- duties applicable to beef and veal origin- allocation will not affect the initial Jamaica, the Republic of Kenya, the lows: ating in the ACP States shall be reduced quantities. Republic of Madagascar, the Republic of "The African, Caribbean and Pacific (ACP) by 92%. Malawi, the Republic of Mauritius, the States referred to in Protocol No 8 on ACP The Commission shall ensure that a deci- Republic of Suriname, Saint Christopher Sugar annexed to the Fourth ACP-EEC sion is taken by 15 November at the latest.

208 | Partnership Agreement ACP-EC 2005 revised edition | 209 ARTICLE 5 more competitive. Measures will be imple- ARTICLE 3 mented at all stages from production to ANNEXE VI This Protocol shall be implemented in consumption and will cover the following LIST OF THE LEAST DEVELOPED, The landlocked ACP States are: accordance with the common market fields in particular: organization in the beef and veal sector, LANDLOCKED AND ISLAND ACP Botswana Mali which, however, shall not affect the obli- - Improvement of conditions of production STATES (LDLICS) Burkina Faso Niger gations entered into by the Community and enhancement of quality through Burundi Rwanda under this Protocol. action in the areas of research, harvest- The following lists comprise ACP least- Central African Republic Swaziland ing, packaging and handling, developed, landlocked and Island States Chad Uganda ARTICLE 6 - Transport and storage, LEAST-DEVELOPED ACP STATES Ethiopia Zambia - Marketing and trade promotion. Lesotho Zimbabwe Should the safeguard clause in Article 8(1) ARTICLE 1 Malawi of the Annexe be applied in the beef and ARTICLE 3 veal sector, the Community will take the Under this Agreement, the following coun- ISLAND ACP STATES necessary measures to maintain the vol- For the purposes of attaining these objec- tries shall be considered least-developed ume of exports from the ACP States to the tives, the two Parties hereby agree to con- ACP States: ARTICLE 4 Community at a level compatible with its fer in a permanent joint group, assisted by Specific measures and provisions have obligations under this Protocol. a group of experts, whose task shall be to Angola Lesotho been made to support island ACP States in keep under continuous review any specif- Benin Liberia their efforts to overcome the natural and ic problems brought to its attention. Burkina Faso Malawi Burundi Mali geographical difficulties and the other Republic of Mauritania obstacles hampering their development PROTOCOL 5 ARTICLE 4 Cape Verde Madagascar so as to enable them to speed up their Central African Mozambique respective rates of growth. Should the banana-producing ACP States The Second Banana Protocol Republic Niger decide to set up a joint organisation for Chad Rwanda ARTICLE 5 the purpose of attaining the objectives, ARTICLE 1 Comoro Islands Samoa the Community shall support such an Democratic SâoTome List of island ACP States: organisation and shall give consideration The Parties recognise the overwhelming Republic and Principe to any requests it may receive for support economic importance to the ACP banana of Congo Sierra Leone Antigua and Papua New Guinea for the organisation’s activities which fall suppliers of their exports to the Djibouti Solomon Barbuda Saint Kitts and within the scope of regional schemes Community market. The Community Ethiopia Islands Bahamas Nevis under the heading of development Barbados Saint Lucia agrees to examine and where necessary Eritrea Somalia finance co-operation. Cape Verde Saint Vincent and take measures aimed at ensuring the con- Gambia Sudan the Comoros Grenadines tinued viability of their banana export Guinea Tanzania Dominica Samoa industries and the continuing outlet for Guinea (Bissau) Tuvalu Dominican SâoTome and their bananas on the Community market. Guinea Togo Republic Principe (Equatorial) Uganda Fiji Seychelles ARTICLE 2 Haïti Vanuatu Grenada Solomon Islands Kiribati Zambia Haiti Tonga Each of the ACP States concerned and the Jamaica Trinidad and Community shall confer in order to deter- Kiribati Tobago mine the measures to be implemented so LANDLOCKED ACP STATES Madagascar Tuvalu as to improve the conditions for the pro- Mauritius Vanuatu duction and marketing of bananas. This ARTICLE 2 aim shall be pursued through all the means available under the arrangements of the Specific measures and provisions have Convention for financial, technical, agricul- been made to support landlocked ACP tural, industrial and regional co-operation. States in their efforts to overcome the The measures in question shall be geographical difficulties and the other designed to enable the ACP States, part- obstacles hampering their development icularly Somalia, account being taken of so as to enable them to speed up their their individual circumstance, to become respective rates of growth.

210 | Partnership Agreement ACP-EC 2005 revised edition | 211 ACP State concerned. Benchmarks are During the consultation process, the ANNEXE VII mechanisms for reaching targets through Parties should agree flexible time- POLITICAL DIALOGUE AS the setting of intermediate objectives frames, whilst acknowledging that cases REGARDS HUMAN RIGHTS, and timeframes for compliance. of special urgency, as defined in Article 96(2)(b) of the Agreement and Article DEMOCRATIC PRINCIPLES 3. The political dialogue set out in para- 2(4) of this Annex, may require an AND THE RULE OF LAW graphs 1 and 2 shall be systematic and immediate reaction. formal and shall exhaust all possible options prior to consultations under 4. The Parties acknowledge the role of the ARTICLE 1 Article 96 of the Agreement. ACP Group in political dialogue based on modalities to be determined by the Objectives 4. Except for cases of special urgency as ACP Group and communicated to the defined in Article 96(2)(b) of the Agree- European Community and its Member 1. The consultations envisaged in Article ment, consultations under Article 96 States. 96(2)(a) will take place, except in cases may also go ahead without preceding of special urgency, after exhaustive intensified political dialogue, when 5. The Parties acknowledge the need for political dialogue as envisaged in Article there is persistent lack of compliance structured and continuous consultations 8 and Article 9(4) of the Agreement. with commitments taken by one of the under Article 96 of the Agreement. The Parties during an earlier dialogue, or by Council of Ministers may develop further 2. Both Parties should conduct such a failure to engage in dialogue in good modalities to this end. political dialogue in the spirit of the faith. Agreement and bearing in mind the Guidelines for ACP-EC Political Dialogue 5. Political dialogue under Article 8 of the established by the Council of Ministers. Agreement shall also be utilized between the Parties to assist countries 3. Political Dialogue is a process which subject to appropriate measures under should foster the strengthening of ACP-EC Article 96 of the Agreement, to relations and contribute towards achiev- normalise the relationship. ing the objectives of the Partnership. ARTICLE 3 ARTICLE 2 Additional rules on consultation under Intensified Political Dialogue preceding Article 96 of the Agreement. consultations under Article 96 of the Agreement. 1. The Parties shall strive to promote equality in the level of representation 1. Political dialogue concerning respect for during consultations under Article 96 of human rights, democratic principles and the Agreement. the rule of law shall be conducted pursuant to Article 8 and Article 9(4) of 2. The Parties are committed to trans- the Agreement and within the parameters parent interaction before, during and of internationally recognised standards after the formal consultations, bearing in and norms. In the framework of this mind the specific benchmarks and dialogue the Parties may agree on joint targets referred to in Article 2(2) of this agendas and priorities. Annex.

2. The Parties may jointly develop and 3. The Parties shall use the 30-day agree specific benchmarks or targets notification period as provided for in with regard to human rights, democratic Article 96(2) of the Agreement for principles and the rule of law within the effective preparation by the Parties, as parameters of internationally agreed well as for deeper consultations within standards and norms, taking into the ACP Group and among the account special circumstances of the Community and its Member States.

212 | Partnership Agreement ACP-EC 2005 revised edition | 213 the Parties shall deposit advances as social operators shall be paid directly PROTOCOLS determined by an order of the arbitrators. to the Economic and Social Committee. PROTOCOL 2 on privileges and 3. The ACP States shall set up a Fund, The ACP Secretariat, the Council of immunities which will be managed by their General Ministers and the Joint Parliamentary Secretariat, for the purpose of Assembly may, in agreement with the PROTOCOL 1 contributing to the financing of the Commission, delegate the organisation THE PARTIES , on the operating expenditure expenses incurred by ACP participants of consultation meetings of ACP civil at meetings of the Joint Parliamentary society to representative organisations DESIRING, by the conclusion of a Protocol of the joint institutions Assembly and the Council of Ministers. approved by the Parties. on privileges and immunities, to facilitate the smooth functioning of the Agreement, The ACP States shall contribute to this the preparation of its work and implemen- 1. The Member States and the Community, Fund. With the aim of encouraging the tation of the measures adopted for its on the one hand, and the ACP States, on active participation of all ACP States in application; the other, shall be responsible for such the dialogue conducted within the ACP- expenditure as they shall incur by rea- EC institutions, the Community shall WHEREAS it is therefore necessary to son of their participation in the meetings make a contribution to this Fund as specify the privileges and immunities of the Council of Ministers and its provided for in the Financial Protocol which may be claimed by persons partici- dependent bodies, both with regard to (EUR 4 million according to the First pating in work relating to the application staff, travel and subsistence expenditure Financial Protocol). of the Agreement and to the arrange- and to postal and telecommunications ments applicable to official communica- expenses. To be eligible for the Fund expenses tions connected with such work, without must comply with the following Expenditure in connection with inter- prejudice to the provisions of the Protocol conditions as well as those laid down in preting at meetings, translation and on the privileges and immunities of the paragraph 1: reproduction of documents, and the European Communities, signed in Brussels on 8 April 1965; practical arrangements for meetings - They must be incurred by parliamen- (such as premises, equipment and mes- tarians or, in their absence, other such WHEREAS it is also necessary to lay down sengers) of the joint institutions of the ACP representatives travelling from the the treatment to be accorded to the prop- present Agreement shall be borne by country they represent in order to take erty, funds and assets of the Council of the Community or by one of the ACP part in sessions of the Joint Parliamen- ACP Ministers, and its staff; States, according to whether the meet- tary Assembly, meetings of working ings take place in the territory of a parties or missions under their aegis, WHEREAS the Georgetown Agreement of Member State or in that of an ACP State. or as a result of the participation of these 6 June 1975 constituted the ACP Group of same representatives and representa- States and instituted a Council of ACP 2. The arbitrators appointed in accord- tives of ACP civil society and economic Ministers, and a Committee of Ambassadors; ance with Article 98 of the Agreement and social operators in consultation whereas the organs of the ACP Group of shall be entitled to a refund of their meetings held under Articles 15 and 17 States are to be serviced by the Secretariat of travel and subsistence expenditure. of the Agreement. The latter shall be determined by the the ACP States; Council of Ministers. - Decisions on the nature, organisation, frequency and location of meetings, HAVE AGREED upon the following provi- One half of travel and subsistence missions and working groups must be sions, which shall be annexed to the expenditure incurred by the arbitrators taken in accordance with the rules of Agreement : shall be borne by the Community and procedure of the Council of Ministers the other half by the ACP States. and the Joint Parliamentary Assembly. Expenditure relating to any registry set up by the arbitrators, to preparatory 4. Consultation meetings and meetings of inquiries into disputes, and to the organ- ACP-EC economic and social operators isation of hearings (such as premises, shall be0 organised by the Economic personnel and interpreting) shall be and Social Committee of the European borne by the Community. Expenditure Union. In this specific instance, the relating to special inquiries shall be set- Community’s contribution to cover the tled together with the other costs and participation of ACP economic and

214 | Partnership Agreement ACP-EC 2005 revised edition | 215 CHAPTER 1 Except when required for the purposes of CHAPTER 3 allowances paid to them by the ACP PERSONS TAKING PART IN THE investigating an accident caused by a OFFICIAL COMMUNICATIONS States from the day on which such motor vehicle belonging to the said income becomes subject to tax levied WORK OF THE AGREEMENT Council or being used on its account, or in for the benefit of the ACP States. the event of an infringement of road traffic ARTICLE 1 regulations or of an accident caused by ARTICLE 6 The above provision shall not apply either such a vehicle, the property and assets of to pensions paid the ACP Secretariat to its The representatives of the Governments the Council of ACP Ministers shall not be For their official communications and the former staff members or their depend- of the Member States and of the ACP the subject of any administrative or legal transmission of all their documents, the ants, or to salaries, emoluments or States and the Representatives of the measures of constraints without the European Community, the institutions of allowances paid to its local staff. Institutions of the European Communities, authorisation of the Council of Ministers the Agreement and the coordinating bodies and also their advisers and experts and set up under the Agreement. shall enjoy in the territory of the States The State in which the Council of ACP the members of the staff of the Secretariat party to the Agreement the treatment Ministers is established shall grant of the ACP States taking part, in the terri- accorded to international organisations. immunity from legal proceedings to per- tory of the Member States or of the ACP ARTICLE 3 manent members of the staff of the States, in the work either of the institu- Official correspondence and other official Secretariat of the ACP States, apart from tions of the Agreement or of the coord- The archives of the Council of ACP communications of the European Commu- those referred to in paragraph 1 of Art- inating bodies, or in work connected with Ministers shall be inviolable. nity, the joint institutions of the Agreement icle 7, only in respect of acts done by them the application of the Agreement, shall and the coordinating bodies shall not be in the performance of their official duties. enjoy the customary privileges, immun- subject to censorship. ARTICLE 4 Such immunity shall not, however, apply ities and facilities while carrying out their to infringements of road traffic regulations duties and while travelling to or from the by a permanent member of the staff of the The Council of ACP Ministers, its assets, place at which they are required to carry Secretariat of the ACP States or to damage income and other property shall be CHAPTER 4 out such duties. caused by a motor vehicle belonging to, or exempt from all direct taxes. STAFF OF THE SECRETARIAT OF driven by, him or her. The preceding paragraph shall also apply THE ACP STATES to members of the Joint Parliamentary The host State shall, wherever possible, Assembly of the Agreement, to the arbitra- take the appropriate measures to remit or ARTICLE 8 refund the amount of indirect taxes or tors who may be appointed under the ARTICLE 7 Agreement, to members of the consulta- sales taxes included in the price of mov- The State in which the Council of ACP tive bodies of the economic and social able or immovable property, where the Ministers is established shall grant 1. The Secretary or Secretaries and Deputy sectors which may be set up, to the offi- Council of ACP Ministers makes, strictly immunity from legal proceedings to per- Secretary or Deputy Secretaries of the cials and employees of these institutions, for its official use, substantial purchases, manent members of the staff of the Council of ACP Ministers and the other and also to the members of the agencies the price of which includes taxes of this Secretariat of the ACP States, apart from permanent members of the staff of se- of the European Investment Bank and its kind. those referred to in paragraph 1 of Art- nior rank as designated by the ACP staff, and to the staff of the Centre for the icle 7, only in respect of acts done by them States, of the Council of ACP Ministers Development of Enterprise and the Centre No exemption shall be granted in respect in the performance of their official duties. shall enjoy, in the State in which the for the Development of Agriculture. of taxes, charges, duties or fees which Council of ACP Ministers is established, represent charges for services rendered. Such immunity shall not, however, apply under the responsibility of the Chairman- to infringements of road traffic regulations in-Office of the Committee of ACP Ambas- by a permanent member of the staff of the CHAPTER 2 sadors, the advantages accorded to the ARTICLE 5 Secretariat of the ACP States or to damage diplomatic staff of diplomatic missions. PROPERTY, FUNDS AND ASSETS caused by a motor vehicle belonging to, or The Council of ACP Ministers shall be Their spouses and their children under OF THE COUNCIL OF ACP driven by, him or her. exempt from all customs duties, prohib- age living in their household shall be MINISTERS itions and restrictions on imports in entitled, under the same conditions, to respect of articles intended for its official the advantages accorded to the spouses ARTICLE 9 ARTICLE 2 use; articles so imported may not be sold and children under age of such diplo- or otherwise disposed of, whether or not matic staff. The names, positions and addresses of The premises and buildings occupied by in return for payment, in the territory of the Chairman-in-Office of the Committee the Council of ACP Ministers for official the country into which they have been 2. Permanent ACP staff members not of ACP Ambassadors, the Secretary or purposes shall be inviolable. They shall be imported, except under conditions referred to in paragraph 1 shall be Secretaries and Deputy Secretary or exempt from search, requisition, confisca- approved by the Government or that exempted by their host country from Deputy Secretaries of the Council of ACP tion or expropriation. country. any taxes on salaries, emoluments or Ministers and of the permanent members

216 | Partnership Agreement ACP-EC 2005 revised edition | 217 of the staff of the Secretariat of the ACP PROTOCOL 3 2. However, in derogation from this prin- ARTICLE 8 States shall be communicated periodically ciple, South Africa shall have the right Applicability by the President of the Council of ACP ON SOUTH AFRICA to participate in the areas of ACP-EC Ministers to the Government of the State development finance cooperation listed Without prejudice to the previous Articles, in whose territory the Council of ACP ARTICLE 1 in Article 8 below, on the understanding the table hereunder sets out those Ministers is established. that South Africa’s participation will be Qualified Status Articles of the Agreement and its Annexes fully financed from the resources pro- which shall apply to South Africa and vided for under Title VII of the TDCA. 1. The participation of South Africa in this those which shall not apply. CHAPTER 5 Where resources from the TDCA are Agreement is subject to the qualifica- COMMISSION DELEGATIONS deployed for participation in operations tions set out in this Protocol. IN THE ACP STATES in the framework of ACP- EC financial cooperation, South Africa will enjoy the 2. The provisions of the bilateral right to participate fully in the decision- ARTICLE 10 Agreement on Trade, Development and making procedures governing imple- Cooperation between the European mentation of such aid. 1. The Commission Head of Delegation Community, its Member States and and staff appointed to the Delegation, South Africa signed in Pretoria on 3. South African natural or legal persons the Delegations, to the exception of 11 October 1999, hereinafter referred as shall be eligible for award of contracts locally recruited staff, shall be exempt- the "TDCA", shall take precedence over financed from the financial resources ed from any direct taxes in the ACP the provisions of this Agreement. provided for under this Agreement. In State where they are in post. this respect, South African natural or ARTICLE 2 legal persons shall, however, not enjoy 2. Article 31(2)(g) of Annexe IV, chapter 4 General Provisions, Political Dialogue the preferences accorded to natural shall also apply to the staff referred to and Joint Institutions and legal persons from ACP States. in paragraph 1. 1. The general, institutional and final pro- ARTICLE 5 CHAPTER 6 visions of this Agreement shall apply to Trade Cooperation South Africa. GENERAL PROVISIONS 1. The provisions of this Agreement on 2. South Africa shall be fully associated in economic and trade cooperation shall ARTICLE 11 the overall political dialogue and par- not apply to South Africa. ticipate in the joint institutions and The privileges, immunities and facilities bodies set out under this Agreement. 2. Nonetheless, South Africa shall be provided for in this Protocol shall be However, in respect of decisions to be associated as an observer in the dia- accorded to those concerned solely in the taken in relation to provisions that do logue between the Parties pursuant to interests of the proper execution of their not apply to South Africa under this Articles 34 to 40 of this Agreement. official duties. Protocol, South Africa shall not take part in the decision-making process. ARTICLE 6 Each institution or body referred to in this Applicability of Protocols and Protocol shall be required to waive ARTICLE 3 Declarations immunity wherever its consider that the Cooperation Strategies waiver of such immunity is not contrary to The protocols and declarations annexed its own interests. The provisions on cooperation strategies to this Agreement that relate to parts of of this Agreement shall apply to cooper- the Agreement that are not applicable to ARTICLE 12 ation between the Community and South South Africa, shall not apply to South Africa. Africa. All other declarations and proto- Article 98 of the Agreement shall apply to cols shall apply. disputes relating to this Protocol. ARTICLE 4 Financial Resources ARTICLE 7 The Council of ACP Ministers and the Revision Clause This European Investment Bank may be party 1. The provisions of this Agreement on to proceedings during an arbitration pro- development finance cooperation shall Protocol may be revised by decision of the cedure. not apply to South Africa. Council of Ministers.

218 | Partnership Agreement ACP-EC 2005 revised edition | 219 Applicable Remarks Not applicable Part 5, General Provisions for the Least Developed, Preamble Landlocked and Island ACP Part I, Title I, Chapter 1: States, Articles 84 to 90 "Objectives, principles and Part 6, Final Provisions, actors" (Articles 1 to 7) Articles 91 to 100 Part I, Title II, "The political Annex I (Financial Protocol) dimension"; Articles 8 to 13 Annex II, Terms and In accordance with Article 4 Annex II, Terms and conditions of Part 2, "Institutional In accordance with Article 1 of conditions of Financing, above, South Africa shall have the Financing, Chapters 1, 2, 3 and 4 provisions"; Articles 14 to 17 this protocol, South Africa shall Chapter 5 (link to Article 78 / right to participate in certain not have voting rights in any of investment protection) areas of development finance the joint institutions or bodies in cooperation on the understanding areas of the Agreement which are that South Africa’s participation not applicable to South Africa. will be fully financed from the Part 3, Title I, "Development resources provided for under Title strategies". VII of the TDCA. In accordance with Article 5 Part 3, Title II, Economic and Annex III Institutional In accordance with Article 4 above, South Africa shall be Trade Cooperation. Support (CDE and CTA) above, South Africa shall have the associated as an observer in the right to participate in certain dialogue between the Parties areas of development finance pursuant to Articles 34 to 40. cooperation on the understanding Article 75(i) (Investment In accordance with Article 4 Part 4, Development Finance that South Africa’s participation promotion, support for the above, South Africa shall have the Cooperation will be fully financed from the ACP-EU private sector right to participate in certain resources provided for under dialogue on regional level), areas of development finance Title VII of the TDCA. Article 78 (Investment cooperation on the understanding Annex IV, Implementation In accordance with Article 4 Annex IV, Articles 1 to 5 protection) that such participation will be and Management Procedures: above, where resources from the (national programming); 15 to 19 fully financed from the resources Articles 6 to 14, (Regional TDCA are deployed for (provisions relating to the project provided for under Title VII of the cooperation) participation activities in the cycle), 27 (preference to ACP TDCA. Articles 20 to 32 (Competition framework of ACP-EC financial contractors) and 34 to 38 In accordance with Article 2 and preference) cooperation, South Africa will (Executing agents) above, South Africa may enjoy the right to fully participate participate in the ACP-EC in the decision-making Development Finance procedures governing Cooperation Committee provided implementation of such aid. for in Article 83, without enjoying South African natural and legal voting rights in relation to persons will moreover be eligible provisions that do not apply to for participation in tenders for South Africa. contracts financed from the financial resources of the Agreement. In this context, South African tenderers will not enjoy the preferences provided for tenderers from the ACP States. Annex V / trade regime during the preparatory period. Annex VI; List of Least Developed, island and landlocked ACP States.

220 | Partnership Agreement ACP-EC 2005 revised edition | 221 222 | Partnership Agreement ACP-EC FINAL ACT

2005 revised edition | 1 The Plenipotentiaries of: THE PRESIDENT OF THE PORTUGUESE THE PRESIDENT OF THE REPUBLIC THE PRESIDENT OF THE REPUBLIC REPUBLIC, OF CAMEROON, OF GUINEA,

HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC THE PRESIDENT OF THE REPUBLIC SLOVENIA, OF CAPE VERDE, OF GUINEA-BISSAU, THE PRESIDENT OF THE CZECH REPUBLIC, THE PRESIDENT OF THE SLOVAK THE PRESIDENT OF THE CENTRAL THE PRESIDENT OF THE REPUBLIC HER MAJESTY THE QUEEN OF DENMARK, REPUBLIC, AFRICAN REPUBLIC, OF EQUATORIAL GUINEA,

THE PRESIDENT OF THE FEDERAL THE PRESIDENT OF THE REPUBLIC THE PRESIDENT OF THE ISLAMIC THE PRESIDENT OF THE REPUBLIC REPUBLIC OF GERMANY, OF FINLAND, FEDERAL REPUBLIC OF THE COMOROS, OF GUYANA,

THE PRESIDENT OF THE REPUBLIC OF THE GOVERNMENT OF THE KINGDOM THE PRESIDENT OF THE THE PRESIDENT OF THE REPUBLIC ESTONIA, OF SWEDEN, DEMOCRATIC REPUBLIC OF CONGO, OF HAITI,

THE PRESIDENT OF THE HELLENIC HER MAJESTY THE QUEEN OF THE PRESIDENT OF THE REPUBLIC THE HEAD OF STATE OF JAMAICA, REPUBLIC, THE UNITED KINGDOM OF GREAT OF CONGO, BRITAIN AND NORTHERN IRELAND, THE PRESIDENT OF THE REPUBLIC HIS MAJESTY THE KING OF SPAIN, THE GOVERNMENT OF THE COOK OF KENYA, Contracting Parties to the Treaty ISLANDS, THE PRESIDENT OF establishing the European Community, THE PRESIDENT OF THE REPUBLIC THE FRENCH REPUBLIC, hereinafter referred to as THE PRESIDENT OF THE REPUBLIC OF KIRIBATI, "the Community", the States of the OF CÔTE D’IVOIRE, THE PRESIDENT OF IRELAND, Community being hereinafter referred HIS MAJESTY THE KING to as "Member States",and of THE PRESIDENT OF THE REPUBLIC OF THE KINGDOM THE PRESIDENT OF THE ITALIAN OF DJIBOUTI, OF LESOTHO, REPUBLIC, THE EUROPEAN COMMUNITY, THE GOVERNMENT OF THE THE PRESIDENT OF THE PRESIDENT OF THE REPUBLIC of the one part, and COMMONWEALTH OF DOMINICA, THE REPUBLIC OF LIBERIA, OF CYPRUS, LTHE PRESIDENT OF THE REPUBLIC THE PRESIDENT OF THE DOMINICAN THE PRESIDENT OF THE REPUBLIC THE PRESIDENT OF THE REPUBLIC OF ANGOLA, REPUBLIC, OF MADAGASCAR, OF LATVIA, HER MAJESTY THE QUEEN OF ANTIGUA THE PRESIDENT OF THE STATE THE PRESIDENT OF THE REPUBLIC THE PRESIDENT OF THE REPUBLIC AND BARBUDA, OF ERITREA, OF MALAWI, OF LITHUANIA, THE HEAD OF STATE OF THE THE PRESIDENT OF THE FEDERAL THE PRESIDENT OF THE REPUBLIC HIS ROYAL HIGHNESS THE GRAND DUKE COMMONWEALTH OF THE BAHAMAS, DEMOCRATIC REPUBLIC OF ETHIOPIA, OF MALI, OF LUXEMBOURG, THE HEAD OF STATE OF BARBADOS, THE PRESIDENT OF THE SOVEREIGN THE GOVERNMENT OF THE REPUBLIC THE PRESIDENT OF THE REPUBLIC DEMOCRATIC REPUBLIC OF FIJI, OF THE MARSHALL ISLANDS, OF HUNGARY, HER MAJESTY THE QUEEN OF BELIZE, THE PRESIDENT OF THE GABONESE THE PRESIDENT OF THE ISLAMIC THE PRESIDENT OF MALTA, THE PRESIDENT OF THE REPUBLIC REPUBLIC, REPUBLIC OF MAURITANIA, OF BENIN, HER MAJESTY THE QUEEN THE PRESIDENT AND HEAD OF STATE THE PRESIDENT OF THE REPUBLIC OF THE NETHERLANDS, THE PRESIDENT OF THE REPUBLIC OF THE REPUBLIC OF THE GAMBIA, OF MAURITIUS, OF BOTSWANA, THE FEDERAL PRESIDENT THE PRESIDENT OF THE REPUBLIC THE GOVERNMENT OF THE OF THE REPUBLIC OF AUSTRIA, THE PRESIDENT OF BURKINA FASO, OF GHANA, FEDERATED STATES OF MICRONESIA,

THE PRESIDENT OF THE REPUBLIC OF THE PRESIDENT OF THE REPUBLIC HER MAJESTY THE QUEEN THE PRESIDENT OF THE REPUBLIC POLAND, OF BURUNDI, OF GRENADA, OF MOZAMBIQUE,

2 | Partnership Agreement ACP-EC 2005 revised edition | 3 THE PRESIDENT OF THE PRESIDENT OF Annexe I Declaration IV THE REPUBLIC OF NAMIBIA, THE REPUBLIC OF THE SUDAN, Financial Protocol Community Declaration on Annexe Ia the financing of the ACP Secretariat THE GOVERNMENT OF THE PRESIDENT OF Multi-annual financial framework of Declaration V THE REPUBLIC OF NAURU, THE REPUBLIC OF SURINAME, cooperation under this Agreement Community Declaration on ANNEXE Ib the financing of the joint institutions THE PRESIDENT OF HIS MAJESTY THE KING Multi-annual financial framework Declaration VI THE REPUBLIC OF NIGER, OF THE KINGDOM OF SWAZILAND, of the period 2008 to 2013 Community Declaration relating to the Annexe II Protocol on privileges and immunities THE PRESIDENT OF THE PRESIDENT OF Terms and Conditions of Financing Declaration VII THE FEDERAL REPUBLIC OF NIGERIA, THE UNITED REPUBLIC OF TANZANIA, Annexe III Declaration by the Member States Institutional Support – CDE and CTA relating to the Protocol on privileges THE GOVERNMENT OF NIUE, THE PRESIDENT OF THE REPUBLIC OF CHAD, Annexe IV and immunities Implemenzation and management Declaration VIII THE GOVERNMENT OF THE GOVERNMENT OF THE DEMOCRATIC procedures Joint Declaration relating to THE REPUBLIC OF PALAU, REPUBLIC OF TIMOR-LESTE, Annexe V the Protocol on privileges and immunities Trade regime applicable during Declaration IX HER MAJESTY THE QUEEN OF THE PRESIDENT OF the preparatory period referred to Joint Declaration on Article 49(2) THE INDEPENDENT STATE OF THE TOGOLESE REPUBLIC, in Article 37(1) on trade and environment PAPUA NEW GUINEA, Annexe VI Declaration X HIS MAJESTY KING TAUFA’AHAU List of the least developed, landlocked ACP Declaration on trade THE PRESIDENT TUPOU IV OF TONGA, and island ACP States and environment OF THE RWANDESE REPUBLIC, Annexe VII Declaration XI THE PRESIDENT OF THE REPUBLIC Political dialogue as regards human Joint Declaration on HER MAJESTY THE QUEEN OF TRINIDAD AND TOBAGO, rights, democratic principles and the ACP cultural heritage OF SAINT KITTS AND NEVIS, the rule of law Declaration XII HER MAJESTY THE QUEEN OF TUVALU, Protocol 1 Declaration by the ACP States on return HER MAJESTY THE QUEEN on operating expenditure or restitution of cultural property OF SAINT LUCIA, THE PRESIDENT OF of the joint institutions Declaration XIII THE REPUBLIC OF UGANDA, Protocol 2 Joint Declaration on copyright HER MAJESTY THE QUEEN on privileges and immunities Declaration XIV OF SAINT VINCENT AND THE GOVERNMENT OF Protocol 3 Joint Declaration on regional cooperation THE GRENADINES, THE REPUBLIC OF VANUATU, on South Africa and the outermost regions (Article 28) Declaration XV THE PRESIDENT OF THE REP. OF ZAMBIA, THE HEAD OF STATE OF The plenipotentiaries of the Member Joint Declaration on accession THE INDEPENDENT STATE OF SAMOA, THE GOVERNMENT OF States and of the Community and the Declaration XVI THE REPUBLIC OF ZIMBABWE, plenipotentiaries of the ACP States have Joint Declaration on accession of THE PRESIDENT OF THE DEMOCRATIC adopted the texts of the declarations the overseas countries and territories REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE, whose States are hereinafter referred to listed below annexed to this Final Act: referred to in Part Four of the EC Treaty as "ACP States", Declaration XVII Cotonou, 23 June 2000 THE PRESIDENT OF of the other part, Joint Declaration on Article 66 (debt O.J. L 317, 15 December 2000 THE REPUBLIC OF SENEGAL, meeting in Benin on the twenty-third day relief) of the Agreement of June in the year two thousand for the Declaration XVIII Declaration I THE PRESIDENT OF signature of the ACP EC Partnership EU Declaration on the Financial Protocol Joint Declaration on the actors THE REPUBLIC OF SEYCHELLES, Agreement and in Luxembourg on the Declaration XIX of the Partnership (Article 6) twenty-fifth day of June in the year two Declaration by the Council and the Declaration II THE PRESIDENT OF thousand and five for the signature of the Commission on the Programming Process Declaration of the Commission and the THE REPUBLIC OF SIERRA LEONE, Agreement amending the ACP-EC Declaration XX Council of the European Union on the clause Partnership Agreement have adopted the Joint Declaration on the impact of Export concerning the return and readmission of HER MAJESTY THE QUEEN following texts: Revenue Fluctuations on Vulnerable OF SOLOMON ISLANDS, illegal immigrants (Article 13(5)) Small, Island and Landlocked ACP States Declaration III The Agreement amending the ACP EC Declaration XXI Joint Declaration on participation in the THE PRESIDENT OF Partnership Agreement, and the following Community Declaration on Article 3 Joint Parliamentary Assembly (Article 17(1)) THE REPUBLIC OF SOUTH AFRICA, Annexes and Protocols: of Annexe IV 4 | Partnership Agreement ACP-EC 2005 revised edition | 5 Declaration XXII Declaration XXXIX Declaration XIII DECLARATION I Joint Declaration concerning agricultural ACP Declaration relating to Protocol 1 Community Declaration on Article 11b(2) Joint Declaration on products referred to in Article 1(2)(a) of of Annexe V on the origin of fishery of the Cotonou Agreement the actors of the partnership (Article 6) Annexe V products Declaration XIV Declaration XXIII Declaration XL Community Declaration on Articles 28, The Parties agree that the definition of civil Joint Declaration on market access Joint Declaration on the application of the 29, 30 and 58 of the Cotonou Agreement society may differ significantly according to in the EC ACP Partnership value tolerance rule in the tuna sector and on Article 6 of Annexe IV the socio economic and cultural conditions Declaration XXIV Declaration XLI Declaration XV of each ACP country. However, they believe Joint Declaration on rice Joint Declaration on Article 6(11) European Union Declaration on Annexe Ia that this definition may include inter alia Declaration XXV of Protocol 1 of Annexe V Declaration XVI the following organisations: human rights Joint Declaration on rum Declaration XLII Community Declaration on Articles 4(3), groups and agencies, grassroots organi- Declaration XXVI Joint Declaration on rules of origin: 5(7), 16(5) and (6) and 17(2) of Annexe IV sations, women’s associations, youth orga- Joint Declaration on beef and veal cumulation with South Africa Declaration XVII nisations, child-protection organisations, Declaration XXVII Declaration XLIII Community Declaration on Article 4(5) environmental movements, farmers’ Joint Declaration on the arrangements Joint Declaration on Annexe 2 to of Annexe IV organisations, consumers’ associations, governing access to the markets of Protocol 1 of Annexe V Declaration XVIII religious organisations, development sup- the French overseas departments for Community Declaration on Article 20 port structures (NGOs, teaching and research products originating in the ACP States of Annexe IV establishments), cultural associations and referred to in Article 1(2) of Annexe V Luxembourg, 25 June 2005 Declaration XIX the media. Declaration XXVIII O.J. L 287, 28 October 2005 Community Declaration on Articles 34, Joint Declaration on cooperation between 35 and 36 of Annexe IV ACP States and the neighbouring Declaration I Declaration XX overseas countries and territories Joint Declaration on Article 8 Community Declaration on Article 3 DECLARATION II and French overseas departments of the Cotonou Agreement of Annexe VII Declaration of the Commission Declaration XXIX Declaration II and the Council of the European Union Joint Declaration on products covered Joint Declaration on Article 68 on the clause concerning the return by the common agricultural policy of the Cotonou Agreement Port Moresby, 1 and 2 June 2006 and readmission of illegal immigrants Declaration XXX Declaration III O.J. L 247, 09 September 2006 (Article 13(5)) ACP Declaration on Article 1 of Annexe V Joint Declaration on Annexe Ia Declaration XXXI Declaration IV 1. EPAs: EU Declaration: Article 13(5) shall be without prejudice to Community Declaration on Article 5(2)(a) Joint Declaration on Article 3(5) of Annexe IV 2. Decommitted funds: the internal division of powers between the of Annexe V Declaration V Community Declaration Community and its Member States for the Declaration XXXII Joint Declaration on Article 9(2) of Annexe IV 3. Interest subsidies: conclusion of readmission agreements. Joint Declaration on non-discrimination Declaration VI Community Declaration Declaration XXXIII Joint Declaration on Article 12(2) Community Declaration on Article 8(3) of Annexe IV DECLARATION III of Annexe V Declaration VII Joint Declaration on participation in Declaration XXXIV Joint Declaration on Article 13 the Joint Parliamentary Assembly Joint Declaration on Article 12 of Annexe IV (Article 17(1)) of Annexe V Declaration VIII Declaration XXXV Joint Declaration on Article 19a The Parties reaffirm the role of the Joint Joint Declaration relating to of Annexe IV Parliamentary Assembly in promoting and Protocol 1 on Article 7 of Annexe V Declaration IX defending democratic processes through Declaration XXXVI Joint Declaration on Article 24(3) dialogue between members of parliament, Joint Declaration relating to of Annexe IV and agree that the participation of repre- Protocol 1 of Annexe V Declaration X sentatives who are not members of a par- Declaration XXXVII Joint Declaration on Article 2 liament, as set out in Article 17, shall be Joint Declaration relating to of Annexe VII allowed only in exceptional circumstances. Protocol 1 of Annexe V on the origin Declaration XI Such participation shall be subject to the of fishery products Community Declaration on Articles 4 approval of the Joint Parliamentary Declaration XXXVIII and 58(2) of the Cotonou Agreement Assembly before each session. Community Declaration relating to Declaration XII Protocol 1 of Annexe V on the extent Community Declaration on Article 11a of of territorial waters the Cotonou Agreement

6 | Partnership Agreement ACP-EC 2005 revised edition | 7 DECLARATION IV enjoyed by the ACP Secretariat, the CDE, them under the Agreement in a satisfac- to a State party to the Fourth ACP EEC Community Declaration on the CTA and their staff: tory and effective manner. Convention which is not a member of the the financing of the ACP Secretariat Community, taking account, however, of 1) Show understanding as regards the Article 14. The Community ensures that The Community shall contribute to the cost interpretation of the expression "staff DECLARATION IX Article 11 of Directive 92/3/Euratom will of running the ACP Secretariat from intra of senior rank", such an interpretation Joint Declaration on Article 49 (2) be revised to cover all Parties of this ACP cooperation resources. to be arrived at by mutual agreement; on trade and environment Agreement which are not members of the Community. Until then, the Community 2) Recognise the powers delegated by the Keenly aware of the specific risks attach- will act, as if the abovementioned parties DECLARATION V President of the Council of ACP ing to radioactive waste, the Parties will would already be covered. Ministers to the Chairman of the ACP EC Community Declaration on refrain from any practice of discharging Committee of Ambassadors, in order to The Parties shall make every effort to sign the financing of the joint institutions such waste which would encroach upon simplify implementation of Article 9 of the sovereignty of States or threaten the and ratify as quickly as possible the Basle the Protocol; Convention on the Control of Trans- The Community, being aware that expend- environment or public health in other boundary Movements of Hazardous iture in connection with interpreting at countries. They attach the greatest im- 3) Agree to grant certain facilities to the Wastes and their Disposal, as well as the meetings and the translation of documents portance to developing international staff of the ACP Secretariat, the CDE 1995 amendment to the Convention, as is expenditure incurred essentially for its cooperation to protect the environment and the CTA to facilitate initial installa- laid down in Decision III/1. own requirements, is prepared to continue and public health against such risks. They tion in the host country; past practice and meet this expenditure accordingly affirm their determination to both for meetings of the institutions of the play an active part in the work being done 4) Examine in an appropriate way tax DECLARATION X Agreement which take place in the territory in the IAEA to produce an internationally related questions concerning the ACP of a Member State and those which take approved code of good practice. ACP Declaration on trade and environment Secretariat, the CDE and the CTA and place in the territory of an ACP State. their staff. Council Directive 92/3/Euratom of The ACP States are seriously concerned 3 February 1992 on the supervision and about environmental problems in general DECLARATION VI DECLARATION VII control of shipments of radioactive waste and the transboundary movement of haz- Community Declaration relating to the Declaration by the Member States between Member States and into and out ardous, nuclear and other radioactive Protocol on privileges and immunities relating to the Protocol on privileges of the Community defines the term wastes in particular. and immunities "radioactive waste" as any material, The Protocol on privileges and immunities which contains or is contaminated by In interpreting and implementing the pro- is a multilateral act from the point of view The Member States shall strive, in the radio nuclides and for which no use is visions of Article 32(1)(d) of the of international law. However, any specific context of their respective regulations, to foreseen. The Directive is applicable to Agreement, the ACP States have problems that may arise in the host State facilitate throughout their respective terri- shipments of radioactive waste between expressed their determination to be regarding the application of this Protocol tories, the movement in pursuit of their Member States and into and out of the guided by the principles and the provi- should be settled by bilateral agreement official duties of ACP diplomats accredited Community whenever the quantities and sions of the OAU Resolution on the with that State. to the Community, members of the ACP concentration exceed the levels laid down Control of Transboundary Movements of Secretariat referred to in Article 7 of in Article 3(2)(a) and (b) of the Council Hazardous Wastes and their Disposal in The Community has noted the ACP States’ Protocol 2, whose names and positions Directive 96/29/Euratom of 13 May 1996. Africa as contained in AHG 182 (XXV). requests that certain provisions of Protocol shall be communicated in accordance The defined levels ensure basic safety 2 be modified, notably as regards the sta- with Article 9 of that Protocol, and the ACP standards for the protection of health of tus of the staff of the ACP Secretariat, the executives of the CDE and the CTA. workers and the general public against DECLARATION XI Centre for the Development of Enterprise the dangers arising from ionising radiation. Joint Declaration on the ACP (CDE) and the Centre for the Development cultural heritage of Agriculture (CTA). DECLARATION VIII Shipments of radioactive waste are sub- Joint Declaration relating to the Protocol ject to a system of prior authorisation as 1. The Parties express their common will The Community is willing to seek jointly on privileges and immunities defined in Directive 92/3/Euratom of to promote the preservation and appropriate solutions in respect of the 3 February 1992 on the supervision and enhancement of the cultural heritage of ACP States’ requests with a view to estab- Within the context of their respective control of shipments of radioactive waste each ACP country, at the international, lishing a separate legal instrument as regulations, the ACP States shall grant between Member States and into and out bilateral and private level and in the referred to above. Commission delegations privileges and of the Community. Article 11(1)b of the context of this Agreement. immunities similar to those granted to Directive stipulates that the competent 2. The Parties acknowledge the need to In this context, the host country will, with- diplomatic missions so that they are able authorities of Member States shall not facilitate the access of ACP historians out derogating from the present benefits to carry out the functions incumbent on authorise shipments of radioactive waste and researchers to archives with a view

8 | Partnership Agreement ACP-EC 2005 revised edition | 9 to promoting the development of seek to promote and foster respect for DECLARATION XVII In this context, the Community and its exchange of information on the cul- copyright and related rights. Joint Declaration on Article 66 Member States regard a properly imple- tural heritage of ACP States. (debt relief) of the Agreement mented review mechanism as the most In this context, and in accordance with the important tool for successful program- 3. They acknowledge the usefulness of rules and procedures laid down by the The Parties agree on the following prin- ming. The review process that has been providing assistance for the appropri- Agreement, the Community may offer ciples: agreed for governing the implementation ate activities conducted especially in financial and technical support for dis- of the 9th EDF will ensure continuity in the the area of training, for the preserva- seminating copyright information, train- a) In the longer term, the Parties will seek programming process while allowing for tion, protection and exhibition of cul- ing economic operators in the protection an improvement of the Heavily regular adjustments of the Country tural properties, monuments and of such rights and drafting national legis- Indebted Poor Countries initiative and Support Strategy to reflect developments objects, including the promulgation lation for their better protection. promote a deepening, broadening and in needs and performance of the ACP and implementation of appropriate speeding up debt relief to ACP State concerned. legislation. Countries; DECLARATION XIV In order to reap the full benefits of the 4. They underpin the importance of under- Joint Declaration on regional b) The Parties will also seek the mobilisa- reform and ensure the efficiency of the taking common cultural activ-ities, cooperation and the outermost regions tion and establishment of support programming process, the Community and facilitating the mobility of ACP and (Article 28) mechanisms for debt reduction in its Member States reaffirm the political European artists, as well as the favour of ACP countries who are not yet commitment to the following principles: exchanges of cultural objects which are The reference to the outermost regions eligible for the HIPC initiative. The reviews must as far as possible be symbolic of their cultures and civilisa- concerns the Spanish autonomous com- carried out in the ACP State concerned. tions with a view to enhancing mutual munity of the Canary Islands, the four Localising the reviews shall not imply that understanding and solidarity between French overseas departments, namely DECLARATION XVIII the Member States or the Commission their respective populations. Guadeloupe, Guyana, Martinique and EU Declaration on the Financial Protocol Headquarters shall be prevented from fol- Réunion, and the Portuguese autono- lowing and being involved in the program- mous regions of the Azores and Madeira. Within the overall amount of EUR 13 500 ming process as appropriate. DECLARATION XII million of the 9th EDF, EUR 12 500 million Declaration by the ACP States on return shall be made available immediately The time frames that have been set for or restitution of cultural property DECLARATION XV upon the entry into force of the Financial completion of the reviews shall be Protocol. The remaining EUR 1 000 million Joint Declaration on accession respected. The ACP States urge the Community and shall be released on the basis of the per- its Member States, insofar as they acknow- Any accession of a third State to this formance review referred to in para- The reviews must not be an isolated event ledge the legitimate right of the ACP Agreement shall be made in compliance graph 7 of the Financial Protocol that shall in the programming process. The reviews States to cultural identity, to promote the with the provisions of Article 1 and the be undertaken in 2004. shall be regarded as management tools, return or restitution of cultural prop-erty objectives of Article 2 laid down by the which synthesise the results of the regular taken from ACP States and now to be ACP Group in the Georgetown Agreement In evaluating the need for new resources, (monthly) dialogue between the National found in Member States. as amended in November 1992. full account shall be taken of this perform- Authorising Officer and the Commission’s ance review as well as of a date beyond Head of Delegation. DECLARATION XVI which the funds of the 9th EDF will not be DECLARATION XIII committed. Joint Declaration on accession of the The reviews must not increase the admin- Joint Declaration on copyright overseas countries and territories istrative burden of either of the Parties referred to in Part Four of the EC Treaty concerned. The procedures and reporting The Parties acknowledge that promotion requirements surrounding the program- of copyright protection is an integral part DECLARATION XIX The Community and the ACP States are Declaration by the Council ming process must therefore be managed of cultural cooperation, the aim of which prepared to allow the overseas countries and the Commission on in a disciplined manner. To this end, the is to enhance all forms of human expres- and territories referred to in Part Four of the Programming Process respective roles of the Member States and sion. Furthermore, such protection is a the Treaty which have become independ- the Commission in the decision making prerequisite for nurturing and developing ent to accede to this Agreement, if they The Community and its Member States process will be reviewed and adapted. production, dissemination and publishing wish to continue their relations with the reaffirm their attachment to the agree- activities. Community in this form. ment on a reform of the programming process for implementation of assistance Consequently, the two Parties shall, in the financed from the 9th EDF. context of ACP EC cultural cooperation,

10 | Partnership Agreement ACP-EC 2005 revised edition | 11 DECLARATION XX agricultural regulations are adopted in Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Joint Declaration on the Impact of good time and that, wherever possible, 01 LIVE ANIMALS Export Revenue Fluctuations they come into force at the same time as the interim arrangements which will on Vulnerable Small, Island 0101 LIVE HORSES, ASSES, MULES AND HINNIES and Landlocked ACP States be introduced after the signing of the 0101 exemption successor Agreement to the Fourth ACP The Parties note the concern of ACP States EC Convention signed in Lomé on 0102 LIVE BOVINE ANIMALS that the modalities of the mechanism for 15 December 1989. 01029005 reduction 100% ad valorem customs duties 01029021 reduction 100% ad valorem customs duties additional support to countries suffering 01029029 reduction 100% ad valorem customs duties from fluctuation of export revenues may 01029041 reduction 100% ad valorem customs duties not provide sufficient support to vulner- 01029049 reduction 100% ad valorem customs duties able small, island and landlocked States 01029051 reduction 100% ad valorem customs duties subject to volatile export revenues. 01029059 reduction 100% ad valorem customs duties 01029061 reduction 100% ad valorem customs duties 01029069 reduction 100% ad valorem customs duties From the second year of operation of the 01029071 reduction 100% ad valorem customs duties mechanism, and on request of one or 01029079 reduction 100% ad valorem customs duties more ACP States who have met with difficulties, the Parties agree to re examine 0103 LIVE SWINE the modalities of the mechanism on the 01039110 reduction 16% basis of a proposal from the Commission, 01039211 reduction 16% 01039219 reduction 16% with a view, where necessary, to remedy the effects of such fluctuations. 0104 LIVE SHEEP AND GOATS 01041030 reduction 100% customs duties within the limit of the quota (ctg 1) 01041080 reduction 100% customs duties within the limit of the quota (ctg 1) DECLARATION XXI 01042010 exemption 01042090 reduction 100% customs duties within the limit of the quota (ctg 1) Community Declaration on Article 3 of Annexe IV 0105 LIVE POULTRY, FOWLS OF THE SPECIES GALLUS DOMESTICUS, DUCKS, GEESE, TURKEYS AND GUINEA FOWLS The notification of the indicative amount 0105 reduction 16% referred to in Article 3 of Annexe IV, will not 0106 LIVE ANIMALS (EXCL. HORSES, ASSES, MULES, HINNIES, BOVINE apply to the ACP States with whom the ANIMALS, SWINE, SHEEP, GOATS, POULTRY, FISH, CRUSTACEANS, Community has suspended its cooper-ation. MOLLUSCS AND OTHER AQUATIC INVERTEBRATES, AND MICRO ORGANIC CULTURES, ETC.) 0106 exemption DECLARATION XXII 02 MEAT AND EDIBLE MEAT OFFAL

Joint Declaration concerning agricultural 0201 MEAT OF BOVINE ANIMALS, FRESH OR CHILLED products referred to in Article 1(2)(a) 0201 reduction 100% ad valorem customs duties (1) of Annexe V 0202 MEAT OF BOVINE ANIMALS, FROZEN 0202 reduction 100% ad valorem customs duties (1) The Parties have taken note that the Community intends to take the measures 0203 EAT OF SWINE, FRESH, CHILLED OR FROZEN mentioned in the Annexe, and which are 02031110 within the limit of the quota (ctg 7) reduction 50% laid down at the date of signing of the 02031190 exemption Agreement, with a view to granting ACP 02031211 within the limit of the quota (ctg 7) reduction 50% States the preferential treatment provided 02031219 within the limit of the quota (ctg 7) reduction 50% 02031290 exemption for in Article 1(2)(a), for certain agricul- 02031911 within the limit of the quota (ctg 7) reduction 50% tural and processed products. 02031913 within the limit of the quota (ctg 7) reduction 50% 02031915 within the limit of the quota (ctg 7) reduction 50% They have taken note that the Community ex 02031955 within the limit of the quota (ctg 7) reduction 50% declares that it will take all the measures (excluding tenderloin presented separately) required to ensure that the corresponding 02031959 within the limit of the quota (ctg 7) reduction 50% 02031990 exemption

12 | Partnership Agreement ACP-EC 2005 revised edition | 13 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

02032110 within the limit of the quota (ctg 7) reduction 50% 0210 MEAT AND EDIBLE OFFAL, SALTED, IN BRINE, DRIED OR SMOKED; 02032190 exemption EDIBLE FLOURS AND MEALS OF MEAT OR MEAT OFFAL 02032211 within the limit of the quota (ctg 7) reduction 50% 02101111 within the limit of the quota (ctg 7) reduction 50% 02032219 within the limit of the quota (ctg 7) reduction 50% 02101119 within the limit of the quota (ctg 7) reduction 50% 02032290 exemption 02101131 within the limit of the quota (ctg 7) reduction 50% 02032911 within the limit of the quota (ctg 7) reduction 50% 02101139 within the limit of the quota (ctg 7) reduction 50% 02032913 within the limit of the quota (ctg 7) reduction 50% 02101190 exemption 02032915 within the limit of the quota (ctg 7) reduction 50% 02101211 within the limit of the quota (ctg 7) reduction 50% ex 02032955 within the limit of the quota (ctg 7) reduction 50% 02101219 within the limit of the quota (ctg 7) reduction 50% (excluding the tenderloin in one piece) 02101290 exemption 02032959 within the limit of the quota (ctg 7) reduction 50% 02101910 within the limit of the quota (ctg 7) reduction 50% 02032990 exemption 02101920 within the limit of the quota (ctg 7) reduction 50% 02101930 within the limit of the quota (ctg 7) reduction 50% 0204 MEAT OF SHEEP OR GOATS, FRESH, CHILLED OR FROZEN 02101940 within the limit of the quota (ctg 7) reduction 50% 0204 reduction 100% ad valorem customs duties; domestic sheep: 02101951 within the limit of the quota (ctg 7) reduction 50% within the limit of the quota (quota 2) reduction 65% specific 02101959 within the limit of the quota (ctg 7) reduction 50% duties; other species: within the limit of the quota (quota 1) 02101960 within the limit of the quota (ctg 7) reduction 50% reduction 100% specific duties 02101970 within the limit of the quota (ctg 7) reduction 50% 02101981 within the limit of the quota (ctg 7) reduction 50% 0205 MEAT OF HORSES, ASSES, MULES OR HINNIES, FRESH, 02101989 within the limit of the quota (ctg 7) reduction 50% CHILLED OR FROZEN 02101990 exemption 0205 exemption 021020 reduction 100% ad valorem customs duties 02109010 exemption 0206 EDIBLE OFFAL OF BOVINE ANIMALS, SWINE, SHEEP, GOATS, 02109011 reduction 100% ad valorem customs duties; domestic sheep: HORSES, ASSES, MULES OR HINNIES, FRESH, CHILLED OR FROZEN within the limit of the quota (quota 2) reduction 65% specific 02061091 exemption duties; other species: within the limit of the quota (quota 1) 02061095 reduction 100% ad valorem customs duties (1) reduction 100% specific duties 02061099 exemption 02109019 reduction 100% ad valorem customs duties; domestic sheep: 020621 exemption within the limit of the quota (quota 2) reduction 65% specific 020622 exemption duties; other species: within the limit of the quota (quota 1) 02062991 reduction 100% ad valorem customs duties (1) reduction 100% specific duties 02062999 exemption 02109021 exemption 02063021 within the limit of the quota (ctg 7) reduction 50% 02109029 exemption 02063031 within the limit of the quota (ctg 7) reduction 50% 02109031 within the limit of the quota (ctg 7) reduction 50% 02063090 exemption 02109039 within the limit of the quota (ctg 7) reduction 50% 02064191 within the limit of the quota (ctg 7) reduction 50% 02109041 reduction 100% ad valorem customs duties 02064199 exemption 02109049 exemption 02064991 within the limit of the quota (ctg 7) reduction 50% 02109060 exemption 02064999 exemption 02109071 reduction 16% 020680 exemption 02109079 reduction 16% 020690 exemption 02109080 exemption 02109090 reduction 100% ad valorem customs duties 0207 MEAT AND EDIBLE OFFAL OF FOWLS OF THE SPECIES GALLUS DOMESTICUS, DUCKS, GEESE, TURKEYS AND GUINEA FOWLS, FRESH, CHILLED OR FROZEN 03 FISH AND CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES 0207 within the limit of the quota (ctg 3) reduction 65% 03 exemption 0208 MEAT AND EDIBLE OFFAL OF RABBITS, HARES, PIGEONS AND OTHER ANIMALS NOT ELSEWHERE SPECIFIED OR INCLUDED, FRESH, CHILLED OR FROZEN 04 DAIRY PRODUCE; BIRDS’ EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMAL 0208 exemption ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED

0209 PIG FAT, FREE OF LEAN MEAT AND POULTRY FAT NOT RENDERED, 0401 MILK AND CREAM, NOT CONCENTRATED NOR CONTAINING ADDED FRESH, CHILLED, FROZEN, SALTED, IN BRINE, DRIED OR SMOKED SUGAR OR OTHER SWEETENING MATTER 02090011 within the limit of the quota (ctg 7) reduction 50% 0401 reduction 16% 02090019 within the limit of the quota (ctg 7) reduction 50% 02090030 within the limit of the quota (ctg 7) reduction 50% 0402 MILK AND CREAM, CONCENTRATED OR CONTAINING ADDED 02090090 reduction 16% SUGAR OR OTHER SWEETENING MATTER 0402 within the limit of the quota (ctg 5) reduction 65%

14 | Partnership Agreement ACP-EC 2005 revised edition | 15 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

0403 BUTTERMILK, CURDLED MILK AND CREAM, YOGURT, KEPHIR AND 04081989 reduction 16% OTHER FERMENTED OR ACIDIFIED MILK AND CREAM, WHETHER 04089180 reduction 16% OR NOT CONCENTRATED OR FLAVOURED OR CONTAINING ADDED 04089980 reduction 16% SUGAR OR OTHER SWEETENING MATTER, FRUITS, NUTS OR COCOA 0409 NATURAL HONEY 04031011 reduction 16% 0409 exemption 04031013 reduction 16% 04031019 reduction 16% 0410 TURTLES’ EGGS, BIRDS’ NESTS AND OTHER EDIBLE PRODUCTS 04031031 reduction 16% OF ANIMAL ORIGIN NOT ELSEWHERE SPECIFIED OR INCLUDED 04031033 reduction 16% 0410 exemption 04031039 reduction 16% 04031051 reduction 100% ad valorem customs duties 04031053 reduction 100% ad valorem customs duties 05 PRODUCTS OF ANIMAL ORIGIN NOT ELSEWHERE SPECIFIED OR INCLUDED 04031059 reduction 100% ad valorem customs duties 04031091 reduction 100% ad valorem customs duties 05 exemption 04031093 reduction 100% ad valorem customs duties 04031099 reduction 100% ad valorem customs duties 06 LIVE TREES AND OTHER PLANTS; BULBS, ROOTS AND THE LIKE; 04039011 reduction 16% CUT FLOWERS AND ORNAMENTAL FOLIAGE 04039013 reduction 16% 04039019 reduction 16% 06 exemption 04039031 reduction 16% 04039033 reduction 16% 07 EDIBLE VEGETABLES AND CERTAIN ROOTS AND TUBERS 04039039 reduction 16% 04039051 reduction 16% 0701 POTATOES, FRESH OR CHILLED 04039053 reduction 16% 0701 exemption 04039059 reduction 16% 04039061 reduction 16% 0702 TOMATOES, FRESH OR CHILLED 04039063 reduction 16% 0702 tomatoes other than cherry tomatoes 15/11-30/4: reduction 60% 04039069 reduction 16% ad valorem customs duties within the limit of the quota 04039071 reduction 100% ad valorem customs duties (quota 13a); cherry tomatoes 15/11-30/4: reduction 100% ad 04039073 reduction 100% ad valorem customs duties valorem customs duties within the limit of the quota (quota 13b) 04039079 reduction 100% ad valorem customs duties 04039091 reduction 100% ad valorem customs duties 0703 ONIONS, SHALLOTS, GARLIC, LEEKS AND 04039093 reduction 100% ad valorem customs duties OTHER ALLIACEOUS VEGETABLES, FRESH OR CHILLED 04039099 reduction 100% ad valorem customs duties 07031019 reduction 15% from 16/5-31/1, exemption 1/2-15/5 07031090 reduction 16% 0404 WHEY, WHETHER OR NOT CONCENTRATED OR CONTAINING ADDED 070320 reduction 15% from 1/6-31/1, exemption 1/2-31/5 SUGAR OR OTHER SWEETENING MATTER; PRODUCTS CONSISTING 070390 reduction 16% OF NATURAL MILK CONSTITUENTS, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER, NOT ELSEWHERE 0704 CABBAGES, CAULIFLOWERS, KOHLRABI, SPECIFIED OR INCLUDED KALE AND SIMILAR EDIBLE BRASSICAS, FRESH OR CHILLED 0404 reduction 16% 070410 reduction 16% 070420 reduction 16% 0405 BUTTER AND OTHER FATS AND OILS DERIVED FROM MILK 07049010 reduction 16% 0405 reduction 16% 07049090 Chinese cabbage: reduction 15% 1/1-30/10, exemption 1/11-31/12; other cabbages: reduction 16% 0406 CHEESE AND CURD 0406 within the limit of the quota (ctg 6) reduction 65% 0705 LETTUCE "LACTUCA SATIVA" AND CHICORY "CICHORIUM SPP", FRESH OR CHILLED 0407 BIRDS’ EGGS, IN SHELL, FRESH, PRESERVED OR COOKED 070511 Iceberg salad: reduction 15% 1/11-30/6, exemption 1/7-31/10; 04070011 reduction 16% other salads: reduction 16% 04070019 reduction 16% 070519 reduction 16% 04070030 reduction 16% 070521 reduction 16% 04070090 exemption 070529 reduction 16%

0408 BIRDS’ EGGS, NOT IN SHELL, AND EGG YOLKS, FRESH, DRIED, 0706 CARROTS, TURNIPS, SALAD BEETROOT, SALSIFY, CELERIAC, COOKED BY STEAMING OR BY BOILING IN WATER, MOULDED, RADISHES AND SIMILAR EDIBLE ROOTS, FRESH OR CHILLED FROZEN OR OTHERWISE PRESERVED, WHETHER OR NOT CONTAIN- 070610 carrots: reduction 15% 1/4-31/12, exemption 1/1-31/3; turnips: ING ADDED SUGAR OR OTHER SWEETENING MATTER reduction 16% 04081180 reduction 16% 07069005 reduction 16% 04081981 reduction 16% 07069011 reduction 16% 16 | Partnership Agreement ACP-EC 2005 revised edition | 17 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

07069017 reduction 16% 071140 exemption 07069030 exemption 07119010 exemption ex 07069090 salad beetroot and radishes (raphanus sativus): exemption 07119030 reduction 100% ad valorem customs duties 07119040 exemption 0707 CUCUMBERS AND GHERKINS, FRESH OR CHILLED 07119060 exemption ex 07070005 small winter cucumbers 1/11-15/5: reduction 100% ad valorem 07119070 exemption customs duties; winter cucumbers other than small cucumbers: 07119090 exemption reduction 16% ad valorem customs duties 07070090 reduction 16% 0712 DRIED VEGETABLES, WHOLE, CUT, SLICED, BROKEN OR IN POWDER, BUT NOT FURTHER PREPARED 0708 LEGUMINOUS VEGETABLES, SHELLED OR UNSHELLED, 071220 exemption FRESH OR CHILLED 071230 exemption 0708 exemption 07129005 exemption 07129019 reduction 1,81 EUR/t 0709 OTHER VEGETABLES, FRESH OR CHILLED 07129030 exemption 070910 reduction 15% from 1/1-30/9, reduction 100% ad valorem customs 07129050 exemption duties 1/10-31/12 ex 07129090 exemption except olives 070920 reduction 15% from 1/2-14/8, reduction 40% from 16/1-31/1, exemption 15/8 15/1 0713 DRIED LEGUMINOUS VEGETABLES, SHELLED, WHETHER OR NOT 070930 exemption SKINNED OR SPLIT 070940 exemption 0713 exemption 07095110 reduction 16% 07095130 reduction 16% 0714 MANIOC, ARROWROOT, SALEP, JERUSALEM ARTICHOKES, SWEET 07095150 reduction 16% POTATOES AND SIMILAR ROOTS AND TUBERS WITH HIGH STARCH 07095190 exemption OR INULIN CONTENT, FRESH OR DRIED, WHETHER OR NOT SLICED 070952 reduction 16% OR IN THE FORM OF PELLETS; SAGO PITH 070960 exemption 07141010 reduction 8,38 EUR/t 070970 reduction 16% 07141091 exemption 07099010 reduction 16% 07141099 reduction 6,19 EUR/t 07099020 reduction 16% 071420 exemption 07099040 reduction 16% 07149011 exemption 07099050 reduction 16% 07149019 reduction 6,19 EUR/t; arrow-root: exemption 07099060 reduction 1,81 EUR/t 07149090 exemption 07099070 reduction 100% ad valorem customs duties 07099090 exemption 08 EDIBLE FRUIT AND NUTS; PEEL OF CITRUS FRUITS OR MELONS

0710 VEGETABLES, UNCOOKED OR COOKED BY STEAMING OR BOILING 0801 COCONUTS, BRAZIL NUTS AND CASHEW NUTS, FRESH OR DRIED, IN WATER, FROZEN WHETHER OR NOT SHELLED OR PEELED 071010 exemption 0801 exemption 071021 exemption 071022 exemption 0802 OTHER NUTS, FRESH OR DRIED, WHETHER OR NOT SHELLED 071029 exemption OR PEELED (EXCL. COCONUTS, BRAZIL NUTS AND CASHEW NUTS) 071030 exemption 08021190 reduction 16% 071040 reduction 100% ad valorem customs duties 08021290 reduction 16% 07108051 exemption 080221 reduction 16% 07108059 exemption 080222 reduction 16% 07108061 exemption 080231 exemption 07108069 exemption 080232 exemption 07108070 exemption 080240 reduction 16% 07108080 exemption 080250 exemption 07108085 exemption 080290 exemption 07108095 exemption 071090 exemption 0803 BANANAS, INCL. PLANTAINS, FRESH OR DRIED 08030011 exemption 0711 VEGETABLES PROVISIONALLY PRESERVED, E.G. BY SULPHUR 08030019 The Community import regime for bananas is presently under review. DIOXIDE GAS, IN BRINE, IN SULPHUR WATER OR IN OTHER The Parties agree to provide appropriate preferential access for ACP PRESERVATIVE SOLUTIONS, BUT UNSUITABLE IN THAT STATE bananas in the context of the Community’s future banana regime. FOR IMMEDIATE CONSUMPTION 08030090 exemption 071110 exemption 071130 exemption

18 | Partnership Agreement ACP-EC 2005 revised edition | 19 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

0804 DATES, FIGS, PINEAPPLES, AVOCADOS, GUAVAS, 0811 FRUIT AND NUTS, UNCOOKED OR COOKED BY STEAMING MANGOES AND MANGOSTEENS, FRESH OR DRIED OR BOILING IN WATER, FROZEN, WHETHER OR NOT CONTAINING 080410 exemption ADDED SUGAR OR OTHER SWEETENING MATTER 08042010 exemption from 1/11-30/4 within the limit of the ceiling (ceiling 3) 08111011 reduction 100% ad valorem customs duties 08042090 exemption 08111019 exemption 080430 exemption 08111090 exemption 080440 exemption 08112011 reduction 100% ad valorem customs duties 080450 exemption 08112019 exemption 08112031 exemption 0805 CITRUS FRUIT, FRESH OR DRIED 08112039 exemption 080510 reduction 80% ad valorem customs duties; within the framework of 08112051 exemption the reference quantity (rq 1) 15/5-30/9 reduction 100% ad valorem 08112059 exemption customs duties (4) 08112090 exemption 080520 reduction 80% ad valorem customs duties; within the framework of 08119011 reduction 100% ad valorem customs duties the reference quantity (rq 2) 15/5-30/9 reduction 100% ad valorem 08119019 reduction 100% ad valorem customs duties customs duties (4) 08119031 exemption 08053090 exemption 08119039 exemption 080540 exemption 08119050 exemption 080590 exemption 08119070 exemption 08119075 exemption 0806 GRAPES, FRESH OR DRIED 08119080 exemption ex 08061010 seedless table grapes: within the limit of the quota (quota 14) 08119085 exemption 1/12-31/1 exemption; within the framework of the reference quantity 08119095 exemption (rq 3) 1/2-31/3 exemption (4) 080620 exemption 0812 FRUIT AND NUTS, PROVISIONALLY PRESERVED, E.G. BY SULPHUR DIOXIDE GAS, IN BRINE, IN SULPHUR WATER OR IN OTHER 0807 MELONS, INCL, WATERMELONS, AND PAPAWS "PAPAYAS", FRESH PRESERVATIVE SOLUTIONS, BUT UNSUITABLE IN THAT STATE 0807 exemption FOR IMMEDIATE CONSUMPTION 081210 exemption 0808 APPLES, PEARS AND QUINCES, FRESH 081220 exemption 080810 within the limit of the quota (ctg 15) reduction 50% ad valorem 08129010 exemption customs duties 08129020 exemption 08082010 within the limit of the quota (ctg 16) reduction 65% ad valorem 08129030 exemption customs duties 08129040 exemption 08082050 within the limit of the quota (ctg 16) reduction 65% ad valorem 08129050 exemption customs duties 08129060 exemption 08082090 reduction 16% 08129070 exemption 08129095 exemption 0809 APRICOTS, CHERRIES, PEACHES INCL. NECTARINES, 0813 APRICOTS, PRUNES, APPLES, PEACHES, PEARS, PAWPAWS, PLUMS AND SLOES, FRESH TAMARINDS AND OTHER DRIED FRUIT NOT ELSEWHERE SPECIFIED 080910 from 1/5-31/8 reduction 15% ad valorem customs duties, OR INCLUDED; MIXTURES OF EDIBLE NUTS OR DRIED FRUITS 1/9-30/4 exemption 0813 exemption 08092005 from 1/11-31/3: exemption 080930 from 1/4-30/11 reduction 15% ad valorem customs duties, 0814 PEEL OF CITRUS FRUIT OR MELONS, INCL. WATERMELONS, FRESH, 1/12-31/3 exemption FROZEN, DRIED OR PROVISIONALLY PRESERVED IN BRINE, OR IN 08094005 from 1/4-14/12 reduction 15% ad valorem customs duties, WATER WITH OTHER ADDITIVES 15/12-31/3 exemption 0814 exemption 08094090 exemption 0814 exemption

0810 STRAWBERRIES, RASPBERRIES, BLACKBERRIES, BLACK, WHITE OR 09 COFFEE, TEA, MATE AND SPICES RED CURRANTS, GOOSEBERRIES AND OTHER EDIBLE FRUIT, NOT ELSEWHERE SPECIFIED OR INCLUDED, FRESH 09 exemption 08101005 within the limit of the quota (ctg 17) from 1/11-29/2 exemption 08101080 within the limit of the quota (ctg 17) from 1/11-29/2 exemption 10 CEREALS 081020 reduction 16% 081030 reduction 16% 1001 WHEAT AND MESLIN 08104030 exemption 100110 within the limit of the quota (ctg 10) reduction 50% 08104050 duty = 3% 10019010 exemption 08104090 duty = 5% 10019091 within the limit of the quota (ctg 10) reduction 50% 081090 exemption 10019099 within the limit of the quota (ctg 10) reduction 50%

20 | Partnership Agreement ACP-EC 2005 revised edition | 21 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

1002 RYE 11031990 reduction 3,6 EUR/t 1002 within the limit of the quota (ctg 10) reduction 50% 110321 reduction 7,3 EUR/t 11032910 reduction 7,3 EUR/t 1003 BARLEY 11032920 reduction 7,3 EUR/t 1003 within the limit of the quota (ctg 10) reduction 50% 11032930 reduction 7,3 EUR/t 11032940 reduction 7,3 EUR/t 1004 OATS 11032950 reduction 3,6 EUR/t 1004 within the limit of the quota (ctg 10) reduction 50% 11032990 reduction 3,6 EUR/t

1005 MAIZE OR CORN 1104 CEREAL GRAINS OTHERWISE WORKED, E.G. HULLED, ROLLED, 10051090 reduction 1,81 EUR/t FLAKED, PEARLED, SLICED OR KEBBLED; GERM OF CEREALS, 100590 reduction 1,81 EUR/t WHOLE, ROLLED, FLAKED OR GROUND (EXCL. CEREAL FLOURS, AND HUSKED AND SEMI OR WHOLLY MILLED RICE AND BROKEN RICE) 1006 RICE 11041110 reduction 3,6 EUR/t 10061010 exemption 11041190 reduction 7,3 EUR/t 10061021 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2) 11041210 reduction 3,6 EUR/t 10061023 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2) 11041290 reduction 7,3 EUR/t 10061025 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2) 110419 reduction 7,3 EUR/t 10061027 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2) 11042110 reduction 3,6 EUR/t 10061092 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2) 11042130 reduction 3,6 EUR/t 10061094 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2) 11042150 reduction 7,3 EUR/t 10061096 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2) 11042190 reduction 3,6 EUR/t 10061098 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2) 11042199 reduction 3,6 EUR/t 100620 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2) 110422 reduction 3,6 EUR/t 100630 within the limit of the quota (ctg 11) reduction of 16,78 EUR/t, 110423 reduction 3,6 EUR/t then reduced by 65% and 6,52 EUR/t(2) 110429 reduction 3,6 EUR/t 100640 within the limit of the quota (ctg 12) reduction 65% and 3,62 EUR/t(2) 110430 reduction 7,3 EUR/t

1007 GRAIN SORGHUM 1105 FLOUR, MEAL, FLAKES, GRANULES AND PELLETS OF POTATOES 1007 reduction 60% within the limit of the ceiling (ceiling 3) (3) 1105 exemption

1008 BUCKWHEAT, MILLET, CANARY SEED AND OTHER CEREALS 1106 FLOUR, MEAL AND POWDER OF THE DRIED LEGUMINOUS (EXCL. WHEAT AND MESLIN, RYE, BARLEY, OATS, MAIZE, VEGE-TABLES OF HEADING 0713, OF SAGO OR OF ROOTS AND RICE AND GRAIN SORGHUM) TUBERS OF HEADING 0714 OR OF THE PRODUCTS OF CHAPTER 8 100810 within the limit of the quota (ctg 10) reduction 50% 110610 exemption 100820 reduction 100% within the limit of the ceiling (ceiling 2) (3) 11062010 reduction 7,98 EUR/t; arrow root: exemption 100890 within the limit of the quota (ctg 10) reduction 50% 11062090 reduction 29,18 EUR/t; arrow root: exemption 110630 exemption 11 PRODUCTS OF THE MILLING INDUSTRY; MALT; STARCHES; INULIN; WHEAT GLUTEN 1108 STARCHES; INULIN 1101 WHEAT OR MESLIN FLOUR 110811 reduction 24,8 EUR/t 1101 reduction 16% 110812 reduction 24,8 EUR/t 110813 reduction 24,8 EUR/t 1102 CEREAL FLOURS (EXCL. WHEAT OR MESLIN) 110814 reduction 50% + reduction 24,8 EUR/t 110210 reduction 16% 11081910 reduction 37,2 EUR/t 11022010 reduction 7,3 EUR/t 11081990 reduction 50% + reduction 24,8 EUR/t; arrow root: exemption 11022090 reduction 3,6 EUR/t 110820 exemption 110230 reduction 3,6 EUR/t 11029010 reduction 7,3 EUR/t 1109 WHEAT GLUTEN, WHETHER OR NOT DRIED 11029030 reduction 7,3 EUR/t 1109 reduction 219 EUR/t 11029090 reduction 3,6 EUR/t 12 OIL SEEDS AND OLEAGINOUS FRUITS; MISCELLANEOUS GRAINS, 1103 CEREAL GROATS, MEAL AND PELLETS SEEDS AND FRUIT; INDUSTRIAL OR MEDICAL PLANTS; STRAW 110311 reduction 16% AND FODDER 110312 reduction 7,3 EUR/t 11031310 reduction 7,3 EUR/t 1208 FLOURS AND MEALS OF OIL SEEDS OR OLEAGINOUS FRUITS 11031390 reduction 3,6 EUR/t (EXCL. MUSTARD) 110314 reduction 3,6 EUR/t 120810 exemption 11031910 reduction 7,3 EUR/t 11031930 reduction 7,3 EUR/t

22 | Partnership Agreement ACP-EC 2005 revised edition | 23 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

1209 SEEDS, FRUITS AND SPORES, FOR SOWING (EXCL. LEGUMINOUS 1506 OTHER ANIMAL FATS AND OILS AND THEIR FRACTIONS, WHETHTER VEGETABLES AND SWEETCORN, COFFEE, TEA, MATE AND SPICES, OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED (EXCL. PIG FAT, CEREALS, OIL SEEDS AND OLEAGINOUS FRUITS, AND SEEDS AND POULTRY FAT, FATS OF BOVINE ANIMALS, SHEEP AND GOATS, FATS FRUIT USED PRIMARILY IN PERFUMERY OF FISH AND OTHER MARINE ANIMALS, LARD STEARIN, 1209 exemption 1506 exemption

1210 HOP CONES, FRESH OR DRIED, WHETHER OR NOT GROUND, 1507 SOYA BEAN OIL AND ITS FRACTIONS, WHETHER OR NOT REFINED POWDERED OR IN THE FORM OF PELLETS; LUPULIN (EXCL. CHEMICALLY MODIFIED) 1210 exemption 1507 exemption

1211 PLANTS AND PARTS OF PLANTS, INCL, SEEDS AND FRUITS, 1508 GROUND NUT OIL AND ITS FRACTIONS, WHETHER OF A KIND USED PRIMARILY IN PERFUMERY, MEDICAMENTS OR OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED FOR INSECTICIDAL, FUNGICIDAL OR SIMILAR PURPOSES, FRESH 1508 exemption OR DRIED, WHETHER OR NOT CUT, CRUSHED OR POWDERED 1211 exemption 1511 PALM OIL AND ITS FRACTIONS, WHETHER OR NOT REFINED (EXCL. CHEMICALLY MODIFIED) 1212 LOCUST BEANS, SEAWEEDS AND OTHER ALGAE, SUGAR BEET 1511 exemption AND SUGAR CANE, FRESH OR DRIED, WHETHER OR NOT GROUND; FRUIT STONES AND KERNELS AND OTHER VEGETABLE PRODUCTS, 1512 SUNFLOWER-SEED, SAFFLOWER OR COTTON-SEED OIL INCL, UNROASTED CHICORY ROOTS OF THE VARIETY CICHORIUM AND FRACTIONS THEREOF, WHETHER OR NOT REFINED, INTYBU BUT NOT CHEMICALLY MODIFIED 121210 exemption 1512 exemption 121230 exemption 121291 reduction 16% (5) 1513 COCONUT "COPRA", PALM KERNEL OR BABASSU OIL 121292 reduction 16% (5) AND FRACTIONS THEREOF, WHETHER OR NOT REFINED, 12129910 exemption BUT NOT CHEMICALLY MODIFIED 1513 exemption 1214 SWEDES, MANGOLDS, FODDER ROOTS, HAY, ALFALFA, CLOVER, SAINFOIN, FORAGE KALE, LUPINES, VETCHES AND SIMILAR 1514 RAPE, COLZA OR MUSTARD OIL AND FRACTIONS THEREOF, FORAGE PRODUCTS, WHETHER OR NOT IN THE FORM OF PELLETS WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED 12149010 exemption 1514 exemption

13 LACS; GUMS, RESINS AND OTHER VEGETABLE SAPS AND EXTRACTS 1515 OTHER FIXED VEGETABLE FATS AND OILS, INCL. JOJOBA OIL, AND THEIR FRACTIONS, WHETHER OR NOT REFINED, 13 exemption BUT NOT CHEMICALLY MODIFIED 1515 exemption 15 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PROD- UCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES 1516 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR FRACTIONS, PARTLY OR WHOLLY HYDROGENATED, INTER ESTERIFIED, 1501 LARD; OTHER PIG FAT AND POULTRY FAT, RENDERED, WHETHER OR RE-ESTERIFIED OR ELAIDINISED, WHETHER OR NOT REFINED, NOT PRESSED OR SOLVENT EXTRACTED BUT NOT FURTHER PREPARED 1501 reduction 16% 1516 exemption

1502 FATS OF BOVINE ANIMALS, SHEEP OR GOATS, RAW OR RENDERED, 1517 MARGARINE, OTHER EDIBLE MIXTURES OR PREPARATIONS WHETHER OR NOT PRESSED OR SOLVENT EXTRACTED OF ANIMAL OR VEGETABLE FATS OR OILS AND EDIBLE FRACTIONS 1502 exemption OF DIFFERENT FATS OR OILS 15171010 reduction 100% ad valorem customs duties 1503 LARD STEARIN, LARD OIL, OLEOSTEARIN, OLEO OIL AND TALLOW 15171090 exemption OIL (EXCL. EMULSIFIED, MIXED OR OTHERWISE PREPARED) 15179010 reduction 100% ad valorem customs duties 1503 exemption 15179091 exemption 15179093 exemption 1504 FATS AND OILS AND THEIR FRACTIONS OF FISH OR MARINE MAM- 15179099 exemption MALS, WHETHER OR NOT REFINED (EXCL. CHEMICALLY MODIFIED) 1504 exemption 1518 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR FRACTIONS, BOILED, OXIDISED, DEHYDRATED, SULPHURISED, BLOWN, 1505 WOOL GREASE AND FATTY SUBSTANCES DERIVED THEREFROM, POLYMERISED BY HEAT IN VACUUM OR IN INERT GAS OR INCL. LANOLIN OTHERWISE CHEMICALLY MODIFIED; INEDIBLE MIXTURES 1505 exemption OR PREPARATIONS OF ANIMAL OR VEGETABLE FATS OR OILS OR FRACTIONS OF DIFFERENT FATS OR OILS, NOT ELSEWHERE SPECIFIED OR INCLUDED 1518 exemption 24 | Partnership Agreement ACP-EC 2005 revised edition | 25 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

1520 GLYCEROL "GLYCERINE", WHETHER OR NOT PURE; 17 SUGARS AND SUGAR CONFECTIONERY GLYCEROL WATERS AND GLYCEROL LYES 1520 exemption 1702 OTHER SUGARS, INCL, CHEMICALLY PURE LACTOSE, MALTOSE, GLUCOSE AND FRUCTOSE, IN SOLID FORM; SUGAR SYRUPS 1521 VEGETABLE WAXES, BEESWAX, OTHER INSECT WAXES NOT CONTAINING ADDED FLAVOURING OR COLOURING MATTER; AND SPERMACETI, WHETHER OR NOT REFINED OR COLOURED ARTIFICIAL HONEY, WHETHER OR NOT MIXED WITH NATURAL (EXCL. TRIGLY-CERIDES) HONEY; CARAMEL 1521 exemption 170211 reduction 16% 170219 reduction 16% 1522 DEGRAS; RESIDUES RESULTING FROM THE TREATMENT 170220 reduction 16% (5) OF FATTY SUBSTANCES OR ANIMAL OR VEGETABLE WAXES 17023010 reduction 16% (5) 15220010 exemption 17023051 reduction 117 EUR/t 15220091 exemption 17023059 reduction 81 EUR/t 15220099 exemption 17023091 reduction 117 EUR/t 17023099 reduction 81 EUR/t 16 PREPARATIONS OF MEAT, FISH OR CRUSTACEANS, 17024010 reduction 16% (5) MOLLUSCS OR OTHER AQUATIC INVERTEBRATES 17024090 reduction 81 EUR/t 170250 exemption 1601 SAUSAGES AND SIMILAR PRODUCTS, OF MEAT, OFFAL 170260 reduction 16% (5) OR BLOOD; FOOD PREPARATIONS BASED ON THESE PRODUCTS 17029010 exemption 1601 within the limit of the quota (ctg 8) reduction 65% 17029030 reduction 16% (5) 17029050 reduction 81 EUR/t 1602 PREPARED OR PRESERVED MEAT, OFFAL OR BLOOD (EXCL. SAUSAGES 17029060 reduction 16% (5) AND SIMILAR PRODUCTS, AND MEAT EXTRACTS AND JUICES) 17029071 reduction 16% (5) 160210 reduction 16% 17029075 reduction 117 EUR/t 16022011 exemption 17029079 reduction 81 EUR/t 16022019 exemption 17029080 reduction 16% (5) 16022090 reduction 16% 17029099 reduction 16% (5) 160231 within the limit of the quota (ctg 4) reduction 65% 160232 within the limit of the quota (ctg 4) reduction 65% 1703 MOLASSES RESULTING FROM THE EXTRACTION 160239 within the limit of the quota (ctg 4) reduction 65% OR REFINING OF SUGAR 16024110 reduction 16% 1703 within the limit of the quota (ctg 9) reduction 100% 16024190 exemption 16024210 reduction 16% 1704 SUGAR CONFECTIONERY NOT CONTAINING COCOA, 16024290 exemption INCL. WHITE CHOCOLATE 160249 reduction 16% 170410 reduction 100% ad valorem customs duties 16025031 exemption 17049010 exemption 16025039 exemption 17049030 exemption 16025080 exemption 17049051 reduction 100% ad valorem customs duties 16029010 reduction 16% 17049055 reduction 100% ad valorem customs duties 16029031 exemption 17049061 reduction 100% ad valorem customs duties 16029041 exemption 17049065 reduction 100% ad valorem customs duties 16029051 reduction 16% 17049071 reduction 100% ad valorem customs duties 16029069 exemption 17049075 reduction 100% ad valorem customs duties 16029072 exemption 17049081 reduction 100% ad valorem customs duties 16029074 exemption 17049099 reduction 100% ad valorem customs duties 16029076 exemption 16029078 exemption 18 COCOA AND COCOA PREPARATIONS 16029098 exemption 1801 COCOA BEANS, WHOLE OR BROKEN, RAW OR ROASTED 1603 EXTRACTS AND JUICES OF MEAT, FISH OR CRUSTACEANS, 1801 exemption MOLLUSCS AND OTHER AQUATIC INVERTEBRATES 1603 exemption 1802 COCOA SHELLS, HUSKS, SKINS AND OTHER COCOA WASTE 1802 exemption 1604 PREPARED OR PRESERVED FISH; CAVIAR AND CAVIAR SUBSTITUTES PREPARED FROM FISH EGGS 1803 COCOA PASTE, WHETHER OR NOT DEFATTED 1604 exemption 1803 exemption

1605 CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES, 1804 COCOA BUTTER, FAT AND OIL PREPARED OR PRESERVED 1804 exemption 1605 exemption 26 | Partnership Agreement ACP-EC 2005 revised edition | 27 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

1805 COCOA POWDER, NOT CONTAINING ADDED SUGAR 1904 PREPARED FOODS OBTAINED BY THE SWELLING OR ROASTING OR OTHER SWEETENING MATTER OF CEREALS OR CEREAL PRODUCTS, E.G. CORN FLAKES; CEREALS, 1805 exemption OTHER THAN MAIZE "CORN", IN GRAIN FORM, PRE COOKED OR OTHERWISE PREPARED 1806 CHOCOLATE AND OTHER FOOD PREPARATIONS 1904 reduction 100% ad valorem customs duties CONTAINING COCOA 18061015 exemption 1905 BREAD, PASTRY, CAKES, BISCUITS AND OTHER BAKERS’ WARES, 18061020 reduction 100% ad valorem customs duties WHETHER OR NOT CONTAINING COCOA; COMMUNION WAFERS, 18061030 reduction 100% ad valorem customs duties EMPTY CACHETS OF A KIND SUITABLE FOR PHARMACEUTICAL USE, 18061090 reduction 100% ad valorem customs duties SEALING WAFERS, RICE PAPER AND SIMILAR PRODUCTS 180620 exemption 190510 reduction 100% ad valorem customs duties 180631 exemption 190520 reduction 100% ad valorem customs duties 180632 exemption 19053011 reduction 100% ad valorem customs duties; biscuits: exemption 18069011 exemption 19053019 reduction 100% ad valorem customs duties; biscuits: exemption 18069019 exemption 19053030 reduction 100% ad valorem customs duties 18069031 exemption 19053051 reduction 100% ad valorem customs duties 18069039 exemption 19053059 reduction 100% ad valorem customs duties 18069050 exemption 19053091 reduction 100% ad valorem customs duties 18069060 reduction 100% ad valorem customs duties 19053099 reduction 100% ad valorem customs duties 18069070 reduction 100% ad valorem customs duties 190540 reduction 100% ad valorem customs duties 18069090 reduction 100% ad valorem customs duties 190590 reduction 100% ad valorem customs duties

19 PREPARATIONS OF CEREALS, FLOUR, STARCH OR MILK; PASTRYCOOKS’ PRODUCTS 20 PREPARATIONS OF VEGETABLES, FRUIT, NUTS OR OTHER PARTS OF PLANTS

1901 MALT EXTRACT; FOOD PREPARATIONS OF FLOUR, MEAL, STARCH 2001 VEGETABLES, FRUIT, NUTS AND OTHER EDIBLE PARTS OF PLANTS, OR MALT EXTRACT, NOT CONTAINING COCOA POWDER OR CON- PREPARED OR PRESERVED BY VINEGAR OR ACETIC ACID TAINING COCOA POWDER IN A PROPORTION BY WEIGHT 200110 exemption OF < 40% NOT ELSEWHERE SPECIFIED OR INCLUDED; 200120 exemption FOOD PREPARATIONS OF GOODS OF HEADINGS 04 01 TO 04 04 20019020 exemption 190110 reduction 100% ad valorem customs duties; 20019030 reduction 100% ad valorem customs duties exemption EA under the condition (c1) 20019040 reduction 100% ad valorem customs duties 190120 reduction 100% ad valorem customs duties; 20019050 exemption exemption EA under the condition (c1) 20019060 exemption 19019011 reduction 100% ad valorem customs duties 20019065 exemption 19019019 reduction 100% ad valorem customs duties 20019070 exemption 19019091 exemption 20019075 exemption 19019099 reduction 100% ad valorem customs duties; exemption EA under 20019085 exemption the condition (c1) 20019091 exemption ex 20019096 exemption except vine leaves 1902 PASTA, WHETHER OR NOT COOKED OR STUFFED WITH MEAT OR OTHER SUBSTANCES OR OTHERWISE PREPARED, SUCH AS 2002 TOMATOES, PREPARED OR PRESERVED OTHERWISE SPAGHETTI, MACARONI, NOODLES, LASAGNE, GNOCCHI, RAVIOLI, THAN BY VINEGAR OR ACETIC ACID CANNELLONI; COUSCOUS, WHETHER OR NOT PREPARED 2002 exemption 190211 reduction 100% ad valorem customs duties 190219 reduction 100% ad valorem customs duties 2003 MUSHROOMS AND TRUFFLES, PREPARED OR 19022010 exemption PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID 19022030 reduction 16% 2003 exemption 19022091 reduction 100% ad valorem customs duties 19022099 reduction 100% ad valorem customs duties 2004 OTHER VEGETABLES PREPARED OR PRESERVED OTHERWISE 190230 reduction 100% ad valorem customs duties THAN BY VINEGAR OR ACETIC ACID, FROZEN (EXCL. TOMATOES, 190240 reduction 100% ad valorem customs duties MUSHROOMS AND TRUFFLES) 20041010 exemption 1903 TAPIOCA AND SUBSTITUTES THEREFOR PREPARED FROM STARCH, 20041091 reduction 100% ad valorem customs duties IN THE FORM OF FLAKES, GRAINS, PEARLS, SIFTINGS OR SIMILAR 20041099 exemption FORMS 20049010 reduction 100% ad valorem customs duties 1903 exemption ex 20049030 exemption except olives 20049050 exemption 20049091 exemption 20049098 exemption

28 | Partnership Agreement ACP-EC 2005 revised edition | 29 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

2005 OTHER VEGETABLES PREPARED OR PRESERVED OTHERWISE 20083071 exemption THAN BY VINEGAR OR ACETIC ACID (EXCL. FROZEN, 20083075 exemption AND TOMATOES, MUSHROOMS AND TRUFFLES) 20083079 exemption 200510 exemption 20083091 exemption 20052010 reduction 100% ad valorem customs duties 20083099 exemption 20052020 reduction 16% 200840 exemption 20052080 reduction 16% 20085011 exemption 200540 exemption 20085019 reduction 100% ad valorem customs duties 200551 exemption 20085031 exemption 200559 exemption 20085039 exemption 200560 exemption 20085051 reduction 100% ad valorem customs duties 200570 exemption 20085059 exemption 200580 reduction 100% ad valorem customs duties 20085061 exemption 200590 exemption 20085069 exemption 20085071 exemption 2006 FRUIT, NUTS, FRUIT PEEL AND OTHER PARTS OF PLANTS, 20085079 exemption PRESERVED BY SUGAR, DRAINED, GLACE OR CRYSTALLIZED 20085092 exemption 20060031 reduction 100% ad valorem customs duties 20085094 exemption 20060035 reduction 100% ad valorem customs duties 20085099 exemption 20060038 reduction 100% ad valorem customs duties 20086011 exemption 20060091 exemption 20086019 reduction 100% ad valorem customs duties 20060099 exemption 20086031 exemption 20086039 exemption 2007 JAMS, FRUIT JELLIES, MARMALADES, FRUIT OR NUT PUREE 20086051 exemption AND FRUIT OR NUT PASTES, BEING COOKED PREPARATIONS, 20086059 exemption WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER 20086061 exemption SWEETENING MATTER 20086069 exemption 20071010 exemption 20086071 exemption 20071091 exemption 20086079 exemption 20071099 exemption 20086091 exemption 20079110 reduction 100% ad valorem customs duties 20086099 exemption 20079130 reduction 100% ad valorem customs duties 20087011 exemption 20079190 exemption 20087019 reduction 100% ad valorem customs duties 20079910 exemption 20087031 exemption 20079920 exemption 20087039 exemption 20079931 exemption 20087051 reduction 100% ad valorem customs duties 20079933 exemption 20087059 exemption 20079935 exemption 20087061 exemption 20079939 exemption 20087069 exemption 20079951 exemption 20087071 exemption 20079955 exemption 20087079 exemption 20079958 exemption 20087092 exemption 20079991 exemption 20087094 exemption 20079993 exemption 20087099 exemption 20079998 exemption 200880 exemption 200891 exemption 2008 FRUITS, NUTS AND OTHER EDIBLE PARTS OF PLANTS, PREPARED 20089212 exemption OR PRESERVED, WHETHER OR NOT CONTAINING ADDED SUGAR 20089214 exemption OR OTHER SWEETENING MATTER OR SPIRIT, NOT ELSEWHERE 20089216 exemption SPECIFIED OR INCLUDED 20089218 exemption 200811 exemption 20089232 exemption 200819 exemption 20089234 exemption 200820 exemption 20089236 exemption 20083011 exemption 20089238 exemption 20083019 reduction 100% ad valorem customs duties; grapefruit: exemption 20089251 exemption 20083031 exemption 20089259 exemption 20083039 exemption 20089272 exemption 20083051 exemption 20089274 exemption 20083055 exemption 20089276 exemption 20083059 exemption 20089278 exemption

30 | Partnership Agreement ACP-EC 2005 revised edition | 31 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

20089292 exemption 200950 exemption 20089293 exemption 200960 exemption 20089294 exemption 20097011 reduction 100% ad valorem customs duties 20089296 exemption 20097019 exemption 20089297 exemption 20097030 exemption 20089298 exemption 20097091 reduction 100% ad valorem customs duties 20089911 exemption 20097093 exemption 20089919 exemption 20097099 exemption 20089921 exemption 20098011 reduction 100% ad valorem customs duties 20089923 exemption 20098019 exemption 20089925 exemption 20098032 exemption 20089926 exemption 20098033 reduction 100% ad valorem customs duties 20089928 exemption 20098035 reduction 100% ad valorem customs duties 20089932 exemption 20098036 exemption 20089933 reduction 100% ad valorem customs duties 20098038 exemption 20089934 reduction 100% ad valorem customs duties 20098050 exemption 20089936 exemption 20098061 reduction 100% ad valorem customs duties 20089937 exemption 20098063 exemption 20089938 exemption 20098069 exemption 20089940 exemption 20098071 exemption 20089943 exemption 20098073 exemption 20089945 exemption 20098079 exemption 20089946 exemption 20098083 exemption 20089947 exemption 20098084 reduction 100% ad valorem customs duties 20089949 exemption 20098086 reduction 100% ad valorem customs duties 20089953 exemption 20098088 exemption 20089955 exemption 20098089 exemption 20089961 exemption 20098095 exemption 20089962 exemption 20098096 exemption 20089968 exemption 20098097 exemption 20089972 exemption 20098099 exemption 20089974 exemption 20099011 reduction 100% ad valorem customs duties 20089979 exemption 20099019 exemption ex 20089985 exemption except sweet corn 20099021 reduction 100% ad valorem customs duties 20089991 reduction 100% ad valorem customs duties 20099029 exemption ex 20089999 exemption except vine leaves 20099031 reduction 100% ad valorem customs duties 20099039 exemption 2009 FRUIT JUICES, INCL, GRAPE MUST, AND VEGETABLE JUICES, 20099041 exemption UNFERMENTED, NOT CONTAINING ADDED SPIRIT, WHETHER OR 20099049 exemption NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER 20099051 exemption 20091111 reduction 100% ad valorem customs duties 20099059 exemption 20091119 exemption 20099071 reduction 100% ad valorem customs duties 20091191 reduction 100% ad valorem customs duties 20099073 exemption 20091199 exemption 20099079 exemption 20091911 reduction 100% ad valorem customs duties 20099092 exemption 20091919 exemption 20099094 reduction 100% ad valorem customs duties 20091991 reduction 100% ad valorem customs duties 20099095 exemption 20091999 exemption 20099096 exemption 200920 exemption 20099097 exemption 20093011 reduction 100% ad valorem customs duties 20099098 exemption 20093019 exemption 20093031 exemption 21 MISCELLANEOUS EDIBLE PREPARATIONS 20093039 exemption 20093051 reduction 100% ad valorem customs duties 2101 EXTRACTS, ESSENCES AND CONCENTRATES, OF COFFEE, 20093055 exemption TEA OR MATE AND PREPARATIONS WITH A BASIS OF THESE 20093059 exemption PRODUCTS OR WITH A BASIS OF COFFEE, TEA OR MATE; 20093091 reduction 100% ad valorem customs duties ROASTED CHICORY AND OTHER ROASTED COFFEE SUBSTITUTES, 20093095 exemption AND EXTRACTS, ESSENCE 20093099 exemption 210111 exemption 200940 exemption 210112 exemption

32 | Partnership Agreement ACP-EC 2005 revised edition | 33 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

210120 exemption 2204 WINE OF FRESH GRAPES, INCL, FORTIFIED WINES; GRAPE MUST, 21013011 exemption PARTLY FERMENTED, OF ACTUAL ALCOHOLIC STRENGTH 21013019 reduction 100% ad valorem customs duties OF > 0,5% VOL, WHETHER OR NOT WITH ADDED ALCOHOL 21013091 exemption 22043092 exemption 21013099 reduction 100% ad valorem customs duties 22043094 exemption 22043096 exemption 2102 YEASTS, ACTIVE OR INACTIVE, OTHER DEAD SINGLE-CELL MICRO 22043098 exemption ORGANISMS, PREPARED BAKING POWDERS (EXCL. SINGLE CELL MICRO ORGANISMS PACKAGED AS MEDICAMENTS) 2205 VERMOUTH AND OTHER WINE OF FRESH GRAPES, 21021010 exemption FLAVOURED WITH PLANTS OR AROMATIC SUBSTANCES 21021031 reduction 100% ad valorem customs duties 2205 exemption 21021039 reduction 100% ad valorem customs duties 21021090 exemption 2206 OTHER FERMENTED BEVERAGES AND MIXTURES OF FERMENTED 210220 exemption BEVERAGES (CIDER, PERRY, MEAD); MIXTURES OF FERMENTED 210230 exemption BEVERAGES AND NON ALCOHOLIC BEVERAGES, NOT ELSEWHERE SPECIFIED OR INCLUDED. 2103 SAUCE AND PREPARATIONS THEREFOR; MIXED CONDIMENTS AND 22060031 exemption MIXED SEASONINGS; MUSTARD FLOUR AND MEAL, WHETHER OR 22060039 exemption NOT PREPARED, AND MUSTARD 22060051 exemption 2103 exemption 22060059 exemption 22060081 exemption 2104 SOUPS AND BROTHS AND PREPARATIONS THEREFOR; FOOD 22060089 exemption PREPARATIONS CONSISTING OF FINELY HOMOGENIZED MIXTURES OF TWO OR MORE BASIC INGREDIENTS, SUCH AS MEAT, FISH, 2207 UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH BY VEGETABLES OR FRUIT, PUT UP FOR RETAIL SALE AS INFANT FOOD VOLUME OF >= 80%; ETHYL ALCOHOL AND OTHER SPIRITS, 2104 exemption DENATURED, OF ANY STRENGTH 2207 exemption 2105 ICE CREAM AND OTHER EDIBLE ICE, WHETHER OR NOT CONTAINING COCOA 2208 UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH BY 2105 reduction 100% ad valorem customs duties VOLUME OF < 80%; SPIRITS, LIQUEURS AND OTHER SPIRITUOUS BEVERAGES; COMPOUND ALCOHOLIC PREPARATIONS OF A KIND 2106 FOOD PREPARATIONS NOT ELSEWHERE SPECIFIED OR INCLUDED USED FOR THE MANUFACTURE OF BEVERAGES 2208 exemption 210610 reduction 100% ad valorem customs duties 21069020 exemption 2209 VINEGAR AND SUBSTITUTES FOR VINEGAR 21069030 reduction 16% (5) OBTAINED FROM ACETIC ACID 21069051 reduction 16% 22090091 exemption 21069055 reduction 81 EUR/t 22090099 exemption 21069059 reduction 16% (5) 21069092 exemption 23 RESIDUES AND WASTE FROM THE FOOD INDUSTRIES; PREPARED ANIMAL FODDER 21069098 reduction 100% ad valorem customs duties 2302 BRAN, SHARPS AND OTHER RESIDUES, WHETHER OR NOT IN 22 BEVERAGES, SPIRITS AND VINEGAR THE FORM OF PELLETS, DERIVED FROM THE SIFTING, MILLING OR OTHER WORKING OF CEREALS OR OF LEGUMINOUS PLANTS 2201 WATERS, INCL. NATURAL OR ARTIFICIAL MINERAL WATERS 230210 reduction 7,2 EUR/t AND AERATED WATERS, NOT CONTAINING ADDED SUGAR, 230220 reduction 7,2 EUR/t OTHER SWEETENING MATTER OR FLAVOURED; ICE AND SNOW 230230 reduction 7,2 EUR/t 2201 exemption 230240 reduction 7,2 EUR/t 230250 exemption 2202 WATERS, INCL. MINERAL WATERS AND AERATED WATERS, CON- TAINING ADDED SUGAR OR OTHER SWEETENING MATTER OR 2303 RESIDUES OF STARCH MANUFACTURE AND SIMILAR RESIDUES, FLAVOURED, AND OTHER NON-ALCOHOLIC BEVERAGES (EXCLUD- BEET PULP, BAGASSE AND OTHER WASTE OF SUGAR MANUFACTURE, ING FRUIT OR VEGETABLE JUICES AND MILK) BREWING OR DISTILLING DREGS AND WASTE, WHETHER 220210 exemption OR NOT IN THE FORM OF PELLETS 22029010 exemption 23031011 reduction 219 EUR/t 22029091 reduction 100% ad valorem customs duties 22029095 reduction 100% ad valorem customs duties 22029099 reduction 100% ad valorem customs duties

2203 BEER MADE FROM MALT 2203 exemption 34 | Partnership Agreement ACP-EC 2005 revised edition | 35 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

2308 ACORNS, HORSE-CHESTNUTS, MARC AND OTHER VEGETABLE MATER- 3502 ALBUMINS, INCL, CONCENTRATES OF TWO OR MORE WHEY IALS AND VEGETABLE WASTE, VEGETABLE RESIDUES AND BY PROD- PROTEINS CONTAINING BY WEIGHT > 80% WHEY PROTEINS, UCTS OF A KIND USED IN ANIMAL FEEDING, WHETHER OR NOT IN CALCULATED ON THE DRY MATTER, ALBUMINATES AND OTHER THE FORM OF PELLETS, NOT ELSEWHERE SPECIFIED OR INCLUDED ALBUMIN DERIVATIVES 23089090 exemption 35021190 reduction 100% ad valorem customs duties 35021990 reduction 100% ad valorem customs duties 2309 PREPARATIONS OF A KIND USED IN ANIMAL FEEDING 35022091 reduction 100% ad valorem customs duties 23091013 reduction 10,9 EUR/t 35022099 reduction 100% ad valorem customs duties 23091015 reduction 16% 23091019 reduction 16% 3503 GELATIN, WHETHER OR NOT IN SQUARE OR RECTANGULAR 23091033 reduction 10,9 EUR/t SHEETS, WHETHER OR NOT SURFACE WORKED OR COLOURED, 23091039 reduction 16% AND GELATIN DERIVATIVES; ISINGLASS; OTHER GLUES OF ANIMAL 23091051 reduction 10,9 EUR/t ORIGIN (EXCL. CASEIN GLUES OF HEADING No 3501) 23091053 reduction 10,9 EUR/t 3503 exemption 23091059 reduction 16% 23091070 reduction 16% 3504 PEPTONES AND THEIR DERIVATIVES; OTHER ALBUMINOUS SUB- 23091090 exemption STANCES AND THEIR DERIVATIVES NOT ELSEWHERE SPECIFIED 23099010 exemption OR INCLUDED; HIDE POWDER, WHETHER OR NOT CHROMED 23099031 reduction 10,9 EUR/t 3504 exemption 23099033 reduction 10,9 EUR/t 23099035 reduction 16% 3505 DEXTRINS AND OTHER MODIFIED STARCHES, E.G. PRE 23099039 reduction 16% GELATINISED OR ESTERIFIED STARCHES; GLUES BASED ON 23099041 reduction 10,9 EUR/t STARCHES, DEXTRINS OR OTHER MODIFIED STARCHES 23099043 reduction 10,9 EUR/t (EXCL. THOSE PUT UP FOR RETAIL SALE AND WEIGHING =< 1 KG) 23099049 reduction 16% 35051010 reduction 100% ad valorem customs duties 23099051 reduction 10,9 EUR/t 35051050 exemption 23099053 reduction 10,9 EUR/t 35051090 reduction 100% ad valorem customs duties 23099059 reduction 16% 350520 reduction 100% ad valorem customs duties 23099070 reduction 16% 23099091 exemption 38 MISCELLANEOUS CHEMICAL PRODUCTS

24 TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES 3809 FINISHING AGENTS, DYE CARRIERS TO ACCELERATE THE DYEING OR FIXING OF DYES AND OTHER PRODUCTS AND PREPARATIONS 24 exemption (6) SUCH AS DRESSINGS AND MORDANTS OF A KIND USED IN THE TEXTILE, PAPER, LEATHER OR LIKE INDUSTRIES NOT ELSEWHERE 29 ORGANIC CHEMICALS SPECIFIED OR INCLUDED 380910 reduction 100% ad valorem customs duties 2905 ACYCLIC ALCOHOLS AND THEIR HALOGENATED, SULPHONATED, NITRATED OR NITROSATED DERIVATIVES 3824 PREPARED BINDERS FOR FOUNDRY MOULDS OR CORES; 2905 reduction 100% ad valorem customs duties CHEMICAL PRODUCTS AND PREPARATIONS FOR THE CHEMICAL OR ALLIED INDUSTRIES, INCL, MIXTURES OF NATURAL PRODUCTS NOT 33 ESSENTIAL OILS AND RESINOIDS; PERFUMERY, COSMETIC OR TOILET PREPARATIONS ELSEWHERE SPECIFIED OR INCLUDED; RESIDUAL PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES 3301 ESSENTIAL OILS, WHETHER OR NOT TERPENELESS, INCL, 382460 reduction 100% ad valorem customs duties CONCRETES AND ABSOLUTES; RESINOIDS; CONCENTRATES OF ESSENTIAL OILS IN FATS, FIXED OILS, WAXES OR THE LIKE, 50 SILK OBTAINED BY ENFLEURAGE OR MACERATION; TERPENIC BY PRODUCTS 3301 exemption 50 exemption

3302 MIXTURES OF ODORIFEROUS SUBSTANCES AND MIXTURES, INCL, 52 COTTON ALCOHOLIC SOLUTIONS, BASED ON ONE OR MORE OF THESE SUBSTANCES, OF A KIND USED AS RAW MATERIALS IN INDUSTRY 52 exemption 33021029 exemption

35 ALBUMINOUS SUBSTANCES; MODIFIED STARCHES; GLUES; ENZYMES

3501 CASEIN, CASEINATES AND OTHER CASEIN DERIVATIVES; CASEIN GLUES (EXCL. THOSE PACKAGED AS GLUE FOR RETAIL SALE AND WEIGHING =< 1 KG) 3501 exemption

36 | Partnership Agreement ACP-EC 2005 revised edition | 37 Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States Preferential treatment applicable to agricultural products and foodstuffs originating in the ACP States

Provisions for the French overseas departments References

quota 1 100 tons Live sheep and goats 1. Customs duties shall not be levied on imports into the French overseas departments of the quota 2 500 tons Meat of sheep or goats following products originating in the ACP States or the overseas countries and territories: quota 3 400 tons Poultrymeat quota 4 500 tons Prepared poultrymeat CN code Description quota 5 1000 tons Milk and cream 0102 Live bovine animals of domesticated species other quota 6 1000 tons Cheese and curd than pure-bred breeding animals 0102 90 quota 7 500 tons Pigmeat 0102 90 05 quota 8 500 tons Prepared pigmeat 0102 90 21 quota 9 600 000 tons Molasses 0102 90 29 0102 90 41 quota 10 15 000 tons Wheat and meslin 0102 90 49 quota 11 125 000 tons Husked rice 0102 90 51 quota 12 20 000 tons Broken rice 0102 90 59 0102 90 61 quota 13a 2 000 tons Tomatoes other than cherry tomatoes 0102 90 69 quota 13b 2 000 tons Cherry tomatoes 0102 90 71 quota 14 800 tons Seedless table grapes 0102 90 79 quota 15 1 000 tons Apples 0201 Meat of bovine animals, fresh, chilled or frozen quota 16 2 000 tons Pears 0202 quota 17 1 600 tons Strawberries 0206 10 95 ceiling 1 100 000 tons Sorghum 0206 29091 ceiling 2 60 000 tons Millet 0709 90 60 Sweet corn ceiling 3 200 tons Fresh figs 0712 10 90 rq 1 25 000 tons Oranges 1005 90 00 rq 2 4 000 tons Mandarins 0714 10 91 - Manioc roots, including yams rq 3 100 tons Seedless table grapes 0714 90 11

(1) Where, in the course of a year, imports into the Community of products falling within CN codes 0201, 0206 10 95, 0206 29 91, 1602 50 10 or 1602 90 61, originating in an ACP State exceed a quantity equivalent to imports into the 2. The customs duty shall not be levied on direct imports of rice falling within CN heading 1006, Community during whichever year between 1969 and 1974 Community imports of products of that origin were highest, plus an annual growth rate of 7%, exemption from customs duties on the products of that origin shall be excluding rice for sowing of CN heading 1006 10 10 imported into Réunion. partially or totally suspended. In that event the Community shall determine the arrangements to be applied to the imports in question. 3. If imports into the French overseas departments of sweet corn originating in the ACP States (2) The reduction shall apply only to imports for which the importer provides proof that an export charge of an amount or the overseas countries and territories exceed 25 000 tonnes within a given year, and if equivalent to the reduction has been collected by the exporting country. these imports threaten to seriously disturb these markets, the Commission shall take the (3) If, in the course of a year, the ceiling is reached, the Community may, by means of a Regulation, reintroduce the application of normal customs duties until the end of the period of validity; the duties applicable shall be reduced necessary measures. by 50%. (4) If imports of a product exceed the reference quantity, a decision may be taken to make it subject to a ceiling equal 4. Within the limit of an annual quota of 2000 tonnes, no customs duties shall be levied on to the reference quantity, having regard to the annual balance of trade in the product. products falling within CN codes 0714 10 91 and 0714 90 11. (5) This reduction shall not be applied when the Community, in accordance with its Uruguay Round commitments, applies additional duties. (6) If serious disturbances occur as a result of a large increase in duty free imports of products falling within CN code 2401, originating in the ACP States, or if these imports create difficulties which bring about a deterioration in the economic situation of a region of the Community, the Community may take measures to counteract any deflection of trade. (c1) Whether or not containing less than 1,5% by weight of milk fat, with a starch or flour content of 50% or over but of less than 75% by weight.

38 | Partnership Agreement ACP-EC 2005 revised edition | 39 DECLARATION XXIII The Council of the European Union, for its - assisting ACP rice producers to meet acknowledge that rum is a value added Joint Declaration on market access in part, underlines its obligation to take into environmental and waste manage- agro industrial ACP product capable, if the ACP EC Partnership account the effect of any agreement or ment standards and other norms in the appropriate efforts are undertaken, of other measures to be taken by the EC on international markets, including the competing in a global economy. They The Parties accept the fact that both sides ACP EC trade. It requests the Commission Community; therefore acknowledge the need to take expect to take part in the negotiations and to carry out the necessary impact assess- - marketing and trade promotion; all measures that might be necessary to implementation of agreements leading to ments on a systematic basis. - programmes designed to develop overcome the competitive disadvantage, further multilateral and bilateral trade value added by products. which ACP producers are presently facing. liberalisation. The measures will relate to the prepara- In this context they also note the under- tory period and will take due account of This package of measures will be taking contained in the Council and The Parties note the Community’s commit- the Community’s common agricultural financed in ACP rice exporting nations Commission Declaration of 24 March 1997 ment to provide least developed countries policy. on a national basis, by agreement of to fully take into account in any future with free market access for essentially all both Parties, through specific sectoral negotiations and arrangements related to The Joint Ministerial Trade Committee products by 2005. programmes in accordance with pro- the rum sector, the impact of the EC US shall monitor the implementation of this gramming rules and methods and in the agreement to eliminate the duty on cer- Declaration and make appropriate reports At the same time they recognise, with short term through unallocated EDF tain spirituous beverages of the same to the Council of Ministers. respect to ACP preferential access to the resources after a decision of the date. They also recognise the urgent need Community market, that this wider Council of Ministers. for ACP producers to become less depend- process of liberalisation could lead to a DECLARATION XXIV ent on the commodity rum market. deterioration in the relative competitive Joint Declaration on rice 4. The Parties reiterate their commitment position of the ACP States which would to cooperate closely in order to ensure The Parties therefore agree on the need threaten their development efforts, which 1. The Parties recognise the importance of that the ACP States can benefit fully for the rapid development of the ACP rum the Community is concerned to support. rice for the economic development of a from the Community trade preferences industry so as to allow exporters of ACP number of ACP countries in terms of for rice. They agree on the importance rum to compete on the Community and The Parties therefore agree to examine all employment, foreign exchange and of effective and transparent implemen- the international spirits markets. To this necessary measures in order to maintain the social and political stability. tation of all rice exports to the end, they agree to implement the follow- competitive position of the ACP States on Community of ACP origin. ing measures: the Community market during the prepara- 2. They further recognise the importance 1) Rum, arak and tafia originating in the tory period. This examination may include, of the Community market for rice. The 5. The Community will examine after the ACP countries or regions falling under inter alia, calendar requirements, rules of Community reaffirms its commitment to entry into force of the agreement the HS Code 22 08 40 shall be imported origin, sanitary and phytosanitary measures enhance the competitiveness and effi- position of the ACP rice sector in the under this Agreement and any succes- and implementation of specific measures ciency of the ACP rice sector in order to light of future changes occurring on the sor agreement to this Agreement, duty addressing supply side constraints in the maintain a viable and sustainable Community’s rice market. To this end, free and without quantitative limita- ACP countries. The objective will be to offer industry and thereby contribute to the the Parties agree to create with the ACP tions. ACP countries possibilities to exploit their smooth integration of ACP countries and representatives of the sector concerned, a joint working party, which existing and potential comparative advan- into the world economy. 2) The Community undertakes to ensure shall meet annually. The Community tage on the Community market. Bearing in fair competition in the Community mar- 3. The Community is prepared to provide further undertakes to consult the ACP mind their commitment to cooperation in ket and that ACP rum is not disadvan- sufficient funds to finance during the States on any bilateral or multilateral the WTO, the Parties agree that this exam- taged or discriminated against in the preparatory period, in consultation with decisions which may have an impact on ination will also take into account any exten- EU market, in relation to third country the ACP sector concerned, an integrated the competitive position of the ACP rice sion within the WTO of the trade advantages rum producers. which may be offered by member countries sector-specific programme for the industry in the Community market. to developing countries. development of ACP exporters of rice 3) The Community will, when considering which could in particular include the fol- any request for derogation to the provi- To this end, the Joint Ministerial Trade lowing measures: DECLARATION XXV sions of Article 1.4(1) and (2) of Council Committee should make recommenda- Joint Declaration on rum - improvement of conditions of prod- Regulation (EC) No 1576/1989 of 29 tions on the basis of an initial review to be uction and enhancement of quality March 1989 consult with and take prepared by the Commission and the ACP The Parties recognise the importance of through action in the areas of research, account of the particular interests of Secretariat. The EC Council will examine the rum sector for the economic and harvesting and handling; ACP countries. these recommendations on the basis of a social development of several ACP coun- proposal from the Commission, with a - transport and storage; tries and regions and its major contribu- 4) The Community is prepared to provide view to preserving the benefits of the ACP - enhancing the competitiveness of tion in providing employment, export sufficient funds to finance during the EC trade arrangement. existing exporters of rice; earnings and Government revenues. They preparatory period, in consultation

40 | Partnership Agreement ACP-EC 2005 revised edition | 41 with the ACP sector concerned, an inte- DECLARATION XXVI originating in the ACP States referred to in follow specific rules and regulations, in grated sector specific programme for Joint Declaration on beef and veal Article 1(2) of Annexe V. particular with regard to safeguard meas- the development of ACP exporters of ures. The provisions of the Agreement rum, which could in particular include 1. The Community undertakes to ensure When examining the possible application concerning the safeguard clause may be the following measures: that the ACP States, beneficiaries of the of this right, the Community will take into applied to these products only insofar as - enhancing the competitiveness of Protocol on beef and veal, derive full consideration the direct trade between they are consistent with the specific existing exporters of rum; benefits therefrom. To this end, it com- the ACP States and the French overseas nature of these rules and regulations. - assist in creation of rum marques or mits itself to give effect to the provi- departments. Information and consult- brands by ACP region or country; sions of this protocol by enacting in a ation procedures shall apply between the DECLARATION XXX timely fashion appropriate rules and - enabling marketing campaigns to be parties concerned in accordance with ACP Declaration on Article 1 of Annexe V designed and implemented; procedures. Article 12 of Annexe V. - assist ACP rum producers to meet Conscious of the imbalance and the dis- 2. The Community further undertakes to environmental and waste manage- DECLARATION XXVIII criminatory effect resulting from the most implement the protocol so that ACP ment standards and other norms in the Joint Declaration on cooperation between favoured nation treatment applicable to States can market their beef and veal international markets including the ACP States and the neighbouring products originating in the ACP States on throughout the year without undue Community market; overseas countries and territories the Community market under Article restrictions. In addition, the EC will - assist the ACP rum industry to move and French overseas departments 1(2)(a) of Annexe V, the ACP States reaffirm assist the ACP beef and veal exporters out of bulk commodity production into their understanding that the consultations to improve their competitiveness higher value branded rum products. The Parties shall encourage greater provided for under this Article shall ensure through, inter alia, addressing supply regional cooperation in the Caribbean, the that the ACP States’ main exportable side constraints, in accordance with This package of measures will be financed Pacific and the Indian Ocean involving ACP products benefit from treatment at least the development strategies set out in on a national and regional basis, by agree- States and the neighbouring overseas as favourable as that granted by the this Agreement and within the context ment of both parties, through specific sec- countries and territories and French over- Community to countries enjoying the most of National and Regional Indicative toral programmes in accordance with pro- seas departments. favoured third state treatment. gramming rules and methods and, in the Programmes. short term, through unallocated EDF The Parties call upon interested Parties to In addition similar consultations shall 3. The Community will examine the resources after a decision of the Council consult each other on the procedure for take place in cases where: of Ministers. requests of ACP Least Developed promoting such cooperation and, in this Countries to export their beef and veal context, to take measures, in line with a) one or more ACP States show poten- 5) The Community commits itself to exam- under preferential conditions in the their respective policies and their specific tialities for one or more specific prod- ine the impact on the ACP industry of context of the actions it intends to take situation in the region, which will permit ucts for which preferential third states the indexation of the price point incor- under the WTO’s Integrated Framework initiatives in the economic field, including enjoy more favourable treatment; porated in the Memorandum of for Least Developed Countries. the development of trade, as well as in the Understanding on rum in the agree- social and cultural fields. b) one or more ACP States envisage export- ment on white spirits of March 1997 at DECLARATION XXVII ing to the Community one or more spe- which duties on non ACP rum are Joint Declaration on the arrangements Where there are trade agreements involv- cific products for which preferential third applied. In this light it will take, where governing access to the markets ing French overseas departments, such states enjoy more favourable treatment. necessary, appropriate measures. of the French overseas departments agreements may provide for specific for products originating measures in favour of products from those DECLARATION XXXI 6) The Community undertakes to conduct in the ACP States referred to departments. Community Declaration on appropriate consultations with the ACP in Article 1(2) of Annexe V Article 5(2)(a) of Annexe V through a joint working party, which Issues relating to cooperation in these dif- shall meet regularly, on specific issues The Parties reaffirm that the provisions of ferent areas shall be brought to the atten- While agreeing to the reproduction of the arising from these undertakings. The Annexe V apply to the relations between tion of the Council of Ministers, so that it text of Article 9(2)(a) of the Second ACP Community further undertakes to con- the French overseas departments and the can be duly informed of the progress EEC Convention in Article 5(2)(a) of Annexe sult the ACP States on any bilateral or ACP States. achieved. V, the Community reaffirms the interpreta- multilateral decisions, including tariff tion of that text, namely that the ACP States reductions and the enlargement of the The Community shall have the right during DECLARATION XXIX shall grant to the Community treatment no Community, which may impact on the the life of the Agreement to amend, in the Joint Declaration on products covered by less favourable than that which they grant competitive pos-ition of the ACP rum light of the economic development require- the common agricultural policy to developed States under trade agree- industry in the Community market. ments of the French overseas departments where those States do not grant the ments, the arrangements governing The Parties recognise that products ACP States greater preferences than those access to the latter’s markets for products covered by the common agricultural policy granted by the Community.

42 | Partnership Agreement ACP-EC 2005 revised edition | 43 DECLARATION XXXII iii) if the conclusion arrived at is not mutu- 4. In order to help ACP enterprises in their For the time being, as regards the pro- Joint Declaration on non discrimination ally acceptable, the matter shall be efforts to find new sources of supply cessing of fishery products in the ACP referred to the Council of Ministers, with a view to benefiting to the max- States, the Community declares that it is The Parties agree that notwithstanding imum extent from the provisions of the willing to examine with an open mind specific provisions of Annexe V to this iv) in the event that no mutually accept- Protocol as regards cumulation of ori- requests for derogations from the rules of Agreement, the Community shall not dis- able solution is adopted by the Council gin, steps will be taken to ensure that origin for processed products in this pro- criminate between ACP States in the trade of Ministers, the Council will decide the Centre for the Development of duction sector based on the existence of regime provided for in the framework of what other steps should be taken in Enterprise provides assistance to ACP compulsory landing requirements provid- that Annexe, taking account however of order to resolve the differences identi- operators in the establishment of ed for in fishery agreements with third the provisions of this Agreement and of fied in the consultations. appropriate contacts with suppliers in countries. The examination the Community specific autonomous initiatives in the the ACP States, the Community and the is to make will take into account in par- multilateral context, such as that in favour DECLARATION XXXV countries and territories, as well as to ticular the fact that the third countries con- of the least developed countries pursued Joint Declaration relating to Protocol 1 promote relations in the field of indus- cerned should ensure the normal market by the Community. of Annexe V trial cooperation among the operators for such productions, following process- concerned. ing, insofar as the latter are not intended DECLARATION XXXIII If special tariff treatment were to be for national or regional consumption. applied by the ACP States to imports of DECLARATION XXXVII Community Declaration on Article 8(3) products originating in the Community, of Annexe V Joint Declaration relating to DECLARATION XXXVIII including Ceuta and Melilla, the provisions Protocol 1of Annexe V Community Declaration relating of Protocol 1 would apply mutatis mutandis. on the origin of fishery products to Protocol 1 of Annexe V Were the Community to adopt the strictly In all other cases where the treatment on the extent of territorial waters necessary measures referred to in this applied to imports by the ACP States The Community acknowledges the right of Article, it would endeavour to seek those necessitates the provision of proof of ori- the coastal ACP States to the development The Community, recalling that the relevant which, by reason of their geographical scope gin, those States shall accept certificates and rational exploitation of the fishery acknowledged principles of international or the types of products concerned, would of origin drawn up in accordance with the resources in all waters within their juris- law restrict the maximum extent of terri- least disturb the exports of the ACP States. relevant international agreements. diction. torial waters to 12 nautical miles, declares that it will take account of this limit in DECLARATION XXXIV DECLARATION XXXVI The Parties agree that the existing rules of applying the provisions of the Protocol origin have to be examined in order to wherever the latter refers to this concept. Joint Declaration on Article 12 Joint Declaration relating to Protocol 1 determine what possible changes may of Annexe V of Annexe V have to be made in the light of the first DECLARATION XXXIX The Parties agree that the consultations 1. For the purposes of applying Article paragraph. ACP Declaration relating to Protocol 1 referred to in Article 12 of Annexe V should 12(2)(c) of the Protocol, the shipping of Annexe V on the origin of fishery take place in accordance with the follow- certificate, issued in the first port of Conscious of their respective concerns and products ing procedures: embarkation for the Community, shall interests, the ACP States and the be equivalent to the through bill of lad- Community agree to continue examining The ACP States reaffirm the point of view i) the two Parties will provide all neces- ing for products covered by movement the problem posed by the entry, onto they expressed throughout the negotia- sary and relevant information on the certificates issued in landlocked ACP Community markets, of fishery products tions on the rules of origin in respect of specific issue(s) in good time to enable States. from catches made in zones within the fishery products and consequently main- an early initiation of the discussions, national jurisdiction of the ACP States, tain that following the exercise of their and in any event not later than one 2. Products exported from landlocked ACP with a view to arriving at a solution satis- sovereign rights over fishery resources in month after the request for consult- States which are warehoused else- factory to both sides. This examination will the waters within their national jurisdic- ation is received, where than in the ACP States or the take place in the Customs Cooperation tion, including the exclusive economic countries and territories referred to in Committee, assisted, when necessary, by zone, as defined in the United Nations ii) the three month consultation period will Annexe III to the Protocol may be the the appropriate experts, after entry into Convention on the Law of the Sea, all start from the date of receipt of this subject of movement certificates issued force of the Agreement. The results of this catches effected in those waters and information. Within these three months, under the circumstances referred to in examination shall be submitted, within the obligatorily landed in ports of the ACP technical examination of such informa- Article 16 thereof. first year of application of the Agreement, States for processing should enjoy origin- tion shall be completed within one to the Committee of Ambassadors and, at ating status. month, and joint consultations at the 3. For the purposes of Article 15(4) of the the latest during the second year, to the level of the Committee of Ambassadors Protocol, certificates EUR.1 issued by a Council of Ministers for their consideration shall be completed within two further competent authority and endorsed by the with a view to arriving at a solution satis- months, customs authorities will be accepted. factory to both sides.

44 | Partnership Agreement ACP-EC 2005 revised edition | 45 DECLARATION XL DECLARATION XLIII of the other part, DECLARATION IV Joint Declaration on the application Joint Declaration on Annexe 2 meeting in Luxembourg on the twenty- Joint declaration of the value tolerance rule to Protocol 1 of Annexe V fifth day of June in the year two thousand on article 3(5)of annexe IV in the tuna sector and five for the signature of the If in the application of the rules contained Agreement amending the Partnership For the purposes of Article 3(5) of Annexe The European Community undertakes to in Annexe II, ACP States’ exports are Agreement between the members of the IV, ’special needs’ are needs resulting from implement adequate provisions to give adversely affected, the Community will African, Caribbean and Pacific Group of exceptional or unforeseen circumstances, full effect to the application in the tuna examine and, where necessary, adopt States, of the one part, and the European such as post-crisis situations; ’exceptional sector of the value tolerance rule, provided appropriate corrective measures to reme- Community and its Member States, of the performance’ means a situation in which, for in Article 4(2) of Protocol 1 of Annexe V. dy the situation with a view to re estab- other part, signed in Cotonou on 23 June outside the mid-term and end-of-term To this end, the Community will submit by lishing the ex ante situation (Decision 2000, have at the time of signature of this reviews, a country’s allocation is totally the date of signature of this Agreement 2/97 of the Council of Ministers). Agreement adopted the following committed and additional funding from the conditions under which the 15% non declarations attached to this Final Act: the national indicative programme can be originating tuna may be used pursuant to The Community has noted the requests absorbed against a background of this Article. made by ACP States on rules of origin DECLARATION I effective poverty-reduction policies and in the context of the negotiations. The Joint declaration on sound financial management. The Community proposal will specify how Community agrees to consider any sub- article 8 of the Cotonou agreement the method of calculation shall be based stantiated requests for improvement of DECLARATION V on the EUR. 1 movement certificate. the rules of origin contained in Annexe II In relation to dialogue at national and Joint declaration on article 9(2) in the light of Article 40 of Protocol 1 and regional levels, for the purposes of Article 8 of annexe IV The two Parties agree, if difficulties arise on a case by case basis. of the Cotonou Agreement, the ’ACP Group’ in achieving the flexibility aimed at by the shall be taken to mean the Troika of the For the purposes of Article 9(2) of Annexe application of this method, to undertake a ACP Committee of Ambassadors (CoA) and IV, ’new needs’ are needs resulting from revision of the method after two years of the Chairperson of the ACP Sub-committee exceptional or unforeseen circumstances, its application. on Political, Social, Humanitarian and such as post-crisis situations; ’exceptional Cultural Affairs (PSHCA); the Joint DECLARATION XLI performance’ means a situation in which, Parliamentary Assembly (JPA) shall be outside the mid-term and end-of-term Joint Declaration on Article 6(11) interpreted as the Co-Presidents of the JPA, reviews, a region’s allocation is totally of Protocol 1 of Annexe V or their designated nominees. committed and additional funding from the regional indicative programme can be The Community agrees to consider, in the DECLARATION II absorbed against a background of effective light of Article 40 of Protocol 1, and on a Joint declaration on regional integration policies and sound case by case basis, any substantiated article 68 of the Cotonou agreement financial management. requests presented after the signing of the Agreement regarding textile products The ACP-EC Council of Ministers will DECLARATION VI excluded from cumulation with neigh- examine, in application of the provisions bouring developing countries (Article 6(11) Joint declaration on contained in Article 100 of the Cotonou of Protocol 1). article 12(2) of annexe VI Agreement, the proposals of the ACP side DECLARATION XLII concerning Annexe II thereof on short- For the purposes of Article 12(2) of term fluctuations in export earnings Annexe VI, ’new needs’ are needs which Joint Declaration on rules of origin: (FLEX). may arise from exceptional or unforeseen cumulation with South Africa circumstances, such as those arising DECLARATION III from new commitments to international The ACP-EC Customs Cooperation Com- initiatives or to address challenges which mittee is prepared to examine as soon as Joint declaration on annexe Ia are common to ACP countries. possible any requests for cumulation of working and processing under Article 6(10) Should the Agreement amending the of Protocol 1 of Annexe V coming from Cotonou Agreement not have entered into regional bodies representing a high level force by 1 January 2008, cooperation shall th of regional economic integration. be financed from the balances of the 9 EDF and from the previous EDFs.

46 | Partnership Agreement ACP-EC 2005 revised edition | 47 DECLARATION VII DECLARATION XII 2. The minimum aid effort referred to in DECLARATION XIX Joint declaration on article 13 Community declaration on article 11a paragraph 2 of Annexe Ia is guaranteed, Community declaration on of annexe IV of the Cotonou agreement without prejudice to the eligibility of the articles 34, 35 and 36 of annexe IV ACP countries for additional resources In view of the particular geographic Financial and technical assistance in the under other financial instruments which The detailed respective responsibilities of situation of the Caribbean and Pacific area of cooperation in the fight against already exist or, potentially, may be management and executing agents of regions, the ACP Council of Ministers or terrorism will be financed by resources created in support of actions in areas Fund resources are included in a manual the ACP Committee of Ambassadors may, other than those intended for the such as emergency humanitarian aid, on procedures upon which ACP States will notwithstanding Article 13(2)(a) of Annexe financing of ACP-EC development food security, poverty-related diseases, be consulted in accordance with Article 12 IV, present a specific funding request for cooperation. support for the implementation of the of the Cotonou Agreement. The manual one or the other of these regions. Economic Partnership Agreements, will be made available to ACP States from support for the measures envisaged the entry into force of the Agreement DECLARATION VIII DECLARATION XIII following the reform of the sugar amending the Cotonou Agreement. Any market, and relating to peace and amendments to the manual will be subject Joint declaration on article 19a Community declaration on article 11b(2) stability. to the same procedure. of annexe IV of the Cotonou agreement 3. The deadline for the commitment of In accordance with Article 100 of the It is understood that the measures set out DECLARATION XX funds of the 9th EDF, fixed at Cotonou Agreement, the Council of in Article 11b(2) of the Cotonou Agreement Community declaration on 31 December 2007, could be reviewed Ministers will examine the provisions of will be undertaken within an adapted article 3 of annexe VII if necessary. Annexe IV concerning the awarding and timeframe that takes into account each performance of contracts with a view to country specific constraints. As regards the modalities foreseen in adopting them before the Agreement Article 3 of Annexe VII, the position to be amending the Cotonou Agreement enters DECLARATION XVI taken by the Council of the European into force. DECLARATION XIV Community declaration on articles 4(3), Union within the Council of Ministers will be based on a proposal by the Community declaration on articles 28, 5(7), 16(5) and (6) and 17(2) of annexe IV DECLARATION IX Commission. 29, 30 and 58 of the Cotonou agreement Joint declaration on article 24(3) and on article 6 of Annexe IV These provisions are without prejudice to of annexe IV the role of the Member States in the The implementation of the provisions decision making process. The ACP States will be consulted, a priori, regarding regional cooperation where on any amendments to the Community non-ACP countries are involved will be rules referred to in Article 24(3) of subject to the implementation of DECLARATION XVII Annexe IV. equivalent provisions in the framework of Community declaration the Community’s financial instruments on on article 4(5) of annexe IV DECLARATION X cooperation with other countries and Joint declaration on article 2 regions of the world. The Community will Article 4(5) of Annexe IV and the return to of annexe VII inform the ACP Group upon the entry into the standard management arrangements force of these equivalent provisions. will be implemented by means of a The internationally recognised standards Council decision based on a Commission and norms are those of the instruments proposal. This decision will be duly referred to in the Preamble of the Cotonou DECLARATION XV notified to the ACP Group. Agreement. European union declaration on annexe Ia DECLARATION XI Community declaration on articles 4 and 1. The European Union undertakes to DECLARATION XVIII 58(2) of the Cotonou agreement propose at the earliest opportunity, if at Community declaration all possible by September 2005, an on article 20 of annexe IV For the purpose of Articles 4 and 58(2), it exact amount for the multiannual is understood that the term ’local financial framework for cooperation The provisions of Article 20 of Annexe IV decentralised authorities’ covers all levels under the Agreement amending the will be implemented in accordance with of decentralisation including ’collectivités Cotonou Agreement and its period of the principle of reciprocity with other locales’. application. donors.

48 | Partnership Agreement ACP-EC 2005 revised edition | 49 Declarations concerning the 3. Interest subsidies: multi-annual financial framework for Community Declaration: the period 2008 to 2013 agreed at the 31st session of the ACP-EC Council Acknowledging the high adaptation of Ministers Port Moresby, costs to which the sugar protocol coun- Papua New Guinea, 1 and 2 June 2006 tries are confronted as a result of the EC sugar reforms, the EIB shall endeavour 1. EPAs: EU Declaration: to direct part of the resources of the investment facility and of its own The Economic Partnership Agreements, resources towards investments in the as development instruments, aim to sugar sector of the ACP sugar protocol foster smooth and gradual integration countries. An amount of up to EUR of the ACP States into the world 100 million shall be mobilised where economy, especially by making full use applicable and on the basis of the eligi- of the potential of regional integration bility criteria set out in Annexe II to the and South-South trade. Cotonou Agreement from the envelope for grants for the financing of the interest The Commission reconfirms the impor- rate subsidies foreseen in paragraph 2(c) tance of further steps towards coherent of Annexe I(b) to the Cotonou Agreement. regional integration and sectoral policy reforms, and that the gradually arising needs from the implementation of EPAs will be taken into account in the programming dialogue with the ACP on the end of term review of the 9th EDF and on the resources of the 10th EDF, covering the time period after the entry into force on 1 January 2008.

Moreover, the European Union recalls its commitments to substantially increase Aid for Trade by 2010 in addition to the EDF resources.

2. Decommitted funds: Community Declaration:

Based on the performance review in 2010 and a proposal by the Commission, the Council of the European Union will consider a decision by unanimity on the transfer of any funds decommitted from ACP projects funded out of the 9th and previous EDFs into the reserves of the 10th EDF. Given the important development objectives pursued by EPAs, the Council of the European Union will, in its consideration, also pay attention to giving further support to structural adjustment costs and other development needs in the implementation of EPAs.

50 | Partnership Agreement ACP-EC NH-72-05-063-EN-C OMMISSION C : UROPEAN Internet: http://ec.europa.eu/comm/development/ E-mail: [email protected] Fax +32 2 299 25 25 Post Address 200 Loi de la Rue B-1049 Brussels E for Development Directorate-General States with African, Caribbean and Pacific and Relations