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29 MARCH 2012. - An Act to amend the Agreement to amend, for the second time, the Partnership Agreement between the Members of the Group of African, Caribbean and Pacific States, on the one hand, and the European Community and its Member States, on the other hand, signed at Cotonou on 23 June 2000 and first amended at Luxembourg on 25 June 2005, and at the Final Act, opened for signature at Ouagadougou on 22 June 2010 and^er July to October 31, 2010 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement Amending, for the second time, the Partnership Agreement between the Members of the Group of African, Caribbean and Pacific States, on the one hand, and the European Community and its Member States, on the other hand, signed in Cotonou on 23 June 2000 and amended once in Luxembourg on 25 June 2005, and the Final Act, opened for signature in Ouagadougou on 22 June 2010 and in Brussels of 1^er July to October 31, 2010, will release their full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 March 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
Trade and European Affairs,
D. REYNDERS
Minister of Development Cooperation,
P. MAGNETTE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate.
Documents:
Bill tabled on 10 November 2011, No. 5-1314/1.
Report made on behalf of the Commission, No. 5-1314/2.
Annales parlementaire :
Discussion, meeting of January 26, 2012.
Voting, meeting of 26 January 2012.
House of Representatives.
Documents:
Project transmitted by the Senate, No. 53-2023/1.
Report made on behalf of the Commission, No. 53-2023/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2023/3.
Annales parlementaire :
Discussion, session of 1^er March 2012.
Voting, meeting of 1^er March 2012.
(2) See Decree of the Flemish Community/ Flemish Region of 1^er July 2011 (Moniteur belge du 26 juillet 2011), Decree of the French Community of 19 April 2012 (Moniteur belge du 21 juin 2012), Decree of the German-speaking Community of 19 March 2012) (Moniteur belge du 18 avril 2012 - Ed. 1), Decree of the Walloon Region of 26 April 2012 (Moniteur belge du 22 mai 2012), Ordonnance de la Région de Bruxelles-Capitale du 23 juillet 2012 (Moniteur belge, 2012)

Agreement Amending, for the second time, the Partnership Agreement between the Members of the Group of African, Caribbean and Pacific States, on the one hand, and the European Community and its Member States, on the other hand, signed in Cotonou on 23 June 2000 and amended once in Luxembourg on 25 June 2005
SA MAJEST THE ROI DES BELGES,
THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
THE PRESIDENT OF THE TECH REPUBLIC,
I've got it.
THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE HELLEN REPUBLIC,
I'm sorry.
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF CHYPRE,
THE PRESIDENT OF THE REPUBLIC OF LETTONIA,
THE PRESIDENT OF THE REPUBLIC OF LITUANIA,
SON ALTESSE ROYALE LE GRAND-DUC DE LUXEMBOURG,
THE PRESIDENT OF THE REPUBLIC OF HUNGARY,
THE PRESIDENT OF MALTE,
SA MAJESTE LA REINE DES PAYS-BAS,
THE CHAIRMAN FEDERAL DE LA REPUBLIQUE D'AUTRICHE,
THE PRESIDENT OF THE POLAND REPUBLIC,
THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
THE PRESIDENT OF THE SECURITY COUNCIL
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
THE PRESIDENT OF THE SLOVATIC REPUBLIC,
THE PRESIDENT OF THE FINLAND REPUBLIC,
THE GOVERNMENT OF THE SUEDE ROYAUME,
SA MAJESTE LA REINE DU ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD,
(contracting parties to the Treaty on the European Union and the Treaty on the Functioning of the European Union, below referred to as "Member States")
and
the EUROPEAN UNION, below referred to as the "Union" or "EU",
on the one hand, and
THE PRESIDENT OF THE REPUBLIC OF ANGOLA,
BARBUDA,
THE HOUSE OF THE COMMONWEALTH OF BAHAMAS,
THE BARBADE CHECK,
BELIZE,
THE PRESIDENT OF THE REPUBLIC OF BENIN
THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,
THE PRESIDENT OF THE SECURITY COUNCIL
THE PRESIDENT OF THE REPUBLIC OF BURUNDI,
THE PRESIDENT OF THE REPUBLIC OF CAMEROUN,
THE PRESIDENT OF THE REPUBLIC OF CAP-VERT,
THE PRESIDENT OF THE CENTRAFRICAN REPUBLIC,
THE PRESIDENT OF THE MEETING OF COMORES,
THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF CONGO,
THE PRESIDENT OF THE REPUBLIC OF CONGO,
THE GOVERNMENT OF THE COOK ILES,
THE PRESIDENT OF THE COTE REPUBLIC I'd love to.
THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI,
THE GOVERNMENT OF THE COMMONWEALTH OF DOMINIQUE,
THE PRESIDENT OF THE SECURITY COUNCIL
THE PRESIDENT OF THE EYTHREE TEST,
THE PRESIDENT OF THE DEMOCRACY REPUBLIC AND EFDERAL OF ETHIOPIA,
THE PRESIDENT OF THE REPUBLIC OF ILES FIDJI
THE PRESIDENT OF THE REPUBLIC GABONAISE,
THE PRESIDENT AND THE CHEF OF THE GAMBIA REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF GHANA
I'm the one who's got it.
THE PRESIDENT OF THE REPUBLIC OF GUINEA
THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU,
THE PRESIDENT OF THE COOPERATIVE REPUBLIC OF GUYANA,
THE PRESIDENT OF THE REPUBLIC OF HITI,
THE STORY CHECK,
THE PRESIDENT OF THE REPUBLIC OF KENYA
THE PRESIDENT OF THE REPUBLIC OF KIRIBATI,
I'm the one who's the one who's the one who's the one who's the other.
THE PRESIDENT OF THE REPUBLIC OF LIBERIA,
THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,
THE PRESIDENT OF THE REPUBLIC OF MALAWI,
THE PRESIDENT OF THE REPUBLIC OF MALI,
THE GOVERNMENT OF THE REPUBLIC OF MARSHALL ILES,
THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA
THE PRESIDENT OF THE REPUBLIC OF THE ILE MAURICE,
THE GOVERNMENT OF MICRONESIAN FEDERS,
THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,
THE PRESIDENT OF THE NAMIBIA REPUBLIC,
THE GOVERNMENT OF THE NAURU REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF NIGER,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,
THE GOVERNMENT OF NIUE,
THE GOVERNMENT OF THE PALAU REPUBLIC,
I'm the one who's been the one who's got to be the one who's got to be the one who's got to be the one who's got to be the one.
THE PRESIDENT OF THE REPUBLIC OF RWANDA
I've got it.
SA MAJEST THE REINE OF SAINTE-LUCIE,
I'm not sure.
THE STATE OF THE INDEPENDENT STATE OF SAMOA,
THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF SAO TOME AND PRINCIPLE,
THE PRESIDENT OF THE REPUBLIC OF SENEGAL,
THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,
THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE,
I'm the one who's the one who's got it.
THE PRESIDENT OF THE REPUBLIC D'AFRIQUE DU SUD,
THE PRESIDENT OF THE REPUBLIC OF SURINAME,
SA MAJESTE THE ROI DU ROYAUME DE SWAZILAND,
THE PRESIDENT OF THE REPUBLIC OF TANZANIA,
THE PRESIDENT OF THE REPUBLIC OF TCHAD,
THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF TIMOR-ORIENTAL,
THE PRESIDENT OF THE
I'm the one who's the one who's got it.
THE PRESIDENT OF THE REPUBLIC OF TRINITY AND TOBAGO,
I don't know.
THE PRESIDENT OF THE REPUBLIC OF THE OGANDA,
THE GOVERNMENT OF THE VANUATU REPUBLIC,
THE PRESIDENT OF THE ZAMBIA REPUBLIC,
THE GOVERNMENT OF THE ZIMBABWE REPUBLIC,
of which States are referred to as "ACP States",
on the other hand,
VU the Treaty on the Functioning of the European Union, on the one hand, and the agreement of Georgetown establishing the group of African, Caribbean and Pacific States (ACP), on the other hand;
VU the partnership agreement between the members of the group of African, Caribbean and Pacific States, on the one hand, and the European Community and its member States, on the other hand, signed in Cotonou on 23 June 2000 and amended for the first time in Luxembourg on 25 June 2005 (hereinafter referred to as "Cotonou Agreement");
CONSIDERANT que l'article 95, paragraphe 1^er, of the Cotonou agreement sets the duration of the agreement to twenty years from 1^er March 2000;
CONSIDERING that the agreement amending the Cotonou agreement for the first time was signed in Luxembourg on 25 June 2005 and that it entered into force on 1^er July 2008;
ONT DECIDE to sign this Agreement Amending the Cotonou Agreement for the second time and have designated for this purpose as Plenipotentiaries:
FOR HIS MAJEST THE ROI OF BELGES,
Adrien THEATRE
Ambassador to Burkina Faso
FOR THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
Milen LIOUTSKANOV
Deputy Minister for Foreign Affairs
FOR THE CHAIRMAN OF THE TECH REPUBLIC,
Miloslav MACHALEK
Ambassador to Burkina Faso
I'm sorry.
Ulla NAESBY TAWIAH
Chargée d'affaires a.i. au Burkina Faso
FOR THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
Ulrich HOCHSCHILD
Ambassador to Burkina Faso
FOR THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
Raul MÄLK
Ambassador, Permanent Representative to the European Union
FOR THE IRELAND CHAIRMAN,
Kyle O'SULLIVAN
Ambassador to Nigeria
FOR THE CHAIRMAN OF THE HELLEN REPUBLIC,
Theodoros N. SOTIROPOULOS
Ambassador, Permanent Representative to the European Union,
FOR HIS MAJEST THE SPANISH ROI,
Soraya RODRIGUEZ RAMOS
Secretary of State for International Cooperation
FOR THE PRESIDENT OF THE FRENCH REPUBLIC,
François GOLDBLATT
Ambassador to Burkina Faso
FOR THE CHAIRMAN OF THE ITALIAN REPUBLIC,
Giancarlo IZZO
Ambassador to Côte d'Ivoire, Burkina Faso, Liberia, Niger and Sierra Leone
FOR THE PRESIDENT OF THE REPUBLIC OF CHYPRE,
Charalambos HADJISAVVAS
Ambassador to Libya
FOR THE PRESIDENT OF THE LETTONIA REPUBLIC,
Normunds POPENS
Ambassador, Permanent Representative to the European Union
FOR THE PRESIDENT OF THE REPUBLIC OF LITUANIA,
Rytis MARTIKONIS
Ambassador, Permanent Representative to the European Union
FOR SON ALTESSE ROYALE LE GRAND-DUC DE LUXEMBOURG,
Christian BRAUN
Ambassador, Permanent Representative to the European Union
FOR THE CHAIRMAN OF THE HUNGARY REPUBLIC,
Gàbor IVAN
Ambassador, Permanent Representative to the European Union
FOR THE CHAIRMAN OF MALTE,
Joseph CASSAR
Ambassador to Portugal
FOR ITS MAJEST THE REINE OF COUNTRIES-BAS,
Gerard DUIJFJES
Ambassador to Burkina Faso
FOR THE FEDERAL CHAIRMAN OF THE REPUBLIC OF AUTRICHE,
Gerhard DOUJAK
Ambassador to Senegal
FOR THE CHAIRMAN OF THE POLAND REPUBLIC,
Jan TOMBINSKI
Ambassador, Permanent Representative to the European Union
FOR THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
Maria Inês DE CARVALHO ROSA
Vice President of the Portuguese Institute for Development Support (IPAD)
FOR THE PRESIDENT OF THE
Mihnea MOTOC
Ambassador, Permanent Representative to the European Union
FOR THE PRESIDENT OF THE SLOVENIA REPUBLIC,
Igor SENEAR
Ambassador, Permanent Representative to the European Union
FOR THE PRESIDENT OF THE SLOVATIC REPUBLIC,
Ivan KOREOK
Ambassador, Permanent Representative to the European Union
FOR THE PRESIDENT OF THE FINLAND REPUBLIC,
Claus-Jerker LINDROOS
Counsellor
FOR THE GOVERNMENT OF THE SUEDE ROYAUME,
Klas MARKENSTEN
Director for Burkina Faso of the Swedish Agency for International Development Cooperation (SIDA)
FOR HIS MAJEST OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Nicolas WESTCOTT
High Commissioner for Accra
FOR EUROPEAN UNION,
Soraya RODRIGUEZ RAMOS
Secretary of State for International Cooperation of the Kingdom of Spain,
Chairman-in-Office of the Council of the European Union
Andris PIEBALGS
Member of the European Commission for Development
FOR THE PRESIDENT OF THE REPUBLIC OF ANGOLA,
Ana AFONSO DIAS LOURENÇO
Minister of Planning
FOR ITS MAJEST OF ANIGUA AND BARBUDA,
Carl B.W. ROBERTS
High Commissioner
FOR THE HOUSE OF THE COMMONWEALTH OF BAHAMAS,
Paul FARQUHARSON
High Commissioner
FOR THE BARBADE TEAM,
Maxine McCLEAN
Minister for Foreign Affairs and Trade
I'm sorry.
Audrey Joy GRANT
Ambassador
FOR THE CHAIRMAN OF THE BENIN REPUBLIC,
Christine A. I. Nougbodé OUINSAVI
Minister of Trade
FOR THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,
Phandu Tombola Chaha SKELEMANI
Minister for Foreign Affairs and International Cooperation
FOR THE PRESIDENT OF THE SECURITY COUNCIL
Lucien Marie Noël BEMBAMBA
Minister of Economy and Finance
FOR THE PRESIDENT OF THE REPUBLIC OF BURUNDI,
Joseph NDAYIKEZA
Chief of Staff, Ministry of Finance
FOR THE CHAIRMAN OF THE CAMEROON REPUBLIC,
Luc Magloire MBARGA ATANGANA
Minister of Trade
FOR THE PRESIDENT OF THE REPUBLIC OF CAP-VERT,
Maria de Jesus Veiga Miranda MASCARENHAS
Ambassador
FOR THE PRESIDENT OF THE CENTRAL REPUBLIC,
Abel SABONO
Chargé d'affaires
FOR THE PRESIDENT OF THE MEETING OF COMORES,
Sultan CHOUZOUR
Ambassador
FOR THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF CONGO,
Joas MBITSO NGEDZA
Deputy Minister of Finance
FOR THE PRESIDENT OF THE REPUBLIC OF CONGO,
Pierre MOUSSA
Minister of State, Economic Co-ordinator, Minister of Economy, Plan, Land Management and Integration
FOR THE GOVERNMENT OF COOK ILES,
Wilkie RASMUSSEN
Minister of Finance and Economic Management
FOR THE PRESIDENT OF THE COTE REPUBLIC I'd love to.
Jean-Marie KACOU GERVAIS
Minister for Foreign Affairs and African Integration
FOR THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI
Mohamed MOUSSA CHEHEM
Ambassador
FOR THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA,
Shirley SKERRITT-ANDREW
Ambassador
FOR THE CHAIRMAN OF THE DOMINICAN REPUBLIC,
Domingo JIMENEZ
State Secretary and National Order of the FED
FOR THE ERYTHREE TEST CHAIR,
Girma Asmerom TESFAY
Ambassador
FOR THE PRESIDENT OF THE DEMOCRACY REPUBLIC AND EFDERAL OF ETHIOPIA,
Ahmed SHIDE
Minister of State for Finance and Economic Development
FOR THE CHAIRMAN OF THE REPUBLIC OF ILES FIDJI
Peceli Vuniwaqa VOCEA
Ambassador
FOR THE PRESIDENT OF THE GABONAISE REPUBLIC
Paul BUNDUKU-LATHA
Minister Delegate to the Minister of Economy, Trade, Industry and Tourism
FOR THE CHAIRMAN AND CHEF OF THE GAMBIA REPUBLIC,
Mamour A. JAGNE
Ambassador
FOR THE CHAIRMAN OF THE GHANA REPUBLIC,
Kwabena DUFFUOR
Minister of Finance and Economic Planning
FOR HIS MAJEST OF GRENADE,
Stephen FLETCHER
Ambassador
FOR THE PRESIDENT OF THE REPUBLIC OF GUINEA
Bakary FOFANA
Minister of State for Foreign Affairs, African Integration and the Francophonie
FOR THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU,
Adelino MANO QUETA
Minister for Foreign Affairs
FOR THE PRESIDENT OF THE COOPERATIVE REPUBLIC OF GUYANA,
Carolyn RODRIGUES-BIRKETT
Minister for Foreign Affairs
FOR THE PRESIDENT OF THE REPUBLIC OF HITI,
Price PADY
FED National Ordinance
FOR THE CHILD OF THE JAMAICA,
Marcia Yvette GILBERT-ROBERTS
Ambassador
FOR THE PRESIDENT OF THE REPUBLIC OF KENYA
Wycliffe AMBETSA OPARANYA
Minister of State, Minister of Planning, National Development and Vision 2030
FOR THE PRESIDENT OF THE KIRIBATI REPUBLIC
Karl KOCH
Honorary Consul
FOR HIS MAJEST OF THE ROYAL OF THE LESOTHO,
Mamoruti A. TIHELI
Ambassador
FOR THE PRESIDENT OF THE REPUBLIC OF LIBERIA,
Comfort SWENGBE
Chargée d'affaires
FOR THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,
Solofo Andrianjatovo RAZAFITRIMO
Secretary-General, Ministry of Foreign Affairs
FOR THE PRESIDENT OF THE REPUBLIC OF MALAWI,
Brave Rona NDISALE
Ambassador
FOR THE CHAIRMAN OF THE MALI REPUBLIC,
Moctar OUANE
Minister for Foreign Affairs and International Cooperation
FOR THE GOVERNMENT OF THE REPUBLIC OF MARSHALL ILES,
Fabian S. NIMEA
Director of the Office of Statistics, Budget, Overseas Development, and Compact Management (Office of Statistics, Budget, Overseas Development and Management of the Free Association Agreement), Federated States of Micronesia
FOR THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,
Mohamed Abdellahi Ould OUDA
Minister of Industry and Mines
FOR THE PRESIDENT OF THE REPUBLIC OF THE IL MAURICE,
Arvin BOOLELL
Minister for Foreign Affairs
FOR THE GOVERNMENT OF MICRONESIAN FEDERS,
Fabian S. NIMEA
Director of the Office of Statistics, Budget, Overseas Development, and Compact Management (Office of Statistics, Budget, Overseas Development and Management of the Free Association Agreement), Federated States of Micronesia
FOR THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,
Henrique BANZE
Deputy Minister for Foreign Affairs and Cooperation
FOR THE PRESIDENT OF THE NAMIBIA REPUBLIC,
Hanno Burkhard RUMPF
Ambassador
FOR THE GOVERNMENT OF THE NAURU REPUBLIC,
Karl KOCH
Honorary Consul
FOR THE PRESIDENT OF THE NIGER REPUBLIC
MALAM ANNOU
Minister of Economy and Finance
FOR THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA
Sylvester MONYE
Executive Secretary of the National Planning Commission
FOR THE GOVERNMENT OF NIUE,
Fabian S. NIMEA
Director of the Office of Statistics, Budget, Overseas Development, and Compact Management (Office of Statistics, Budget, Overseas Development and Management of the Free Association Agreement), Federated States of Micronesia
FOR THE GOVERNMENT OF THE PALAU REPUBLIC,
Faustina REHUHER-MARUGG
Minister of Community and Cultural Affairs
FOR ITS MAJEST OF THE INDEPENDENT STATE OF GUINEA,
Peter Pulkiye MAGIND
Ambassador
FOR THE PRESIDENT OF THE REPUBLIC OF RWANDA
Gérard NTWARI
Ambassador
I'm sorry.
Shirley SKERRITT-ANDREW
Ambassador
I'm sorry.
Shirley SKERRITT-ANDREW
Ambassador
AND GRENADINES,
Shirley SKERRITT-ANDREW
Ambassador
FOR THE SAT OF THE INDEPENDENT SAT,
Hans Joachim KEIL
Associate Minister of Trade, Industry and Labour
FOR THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF SAO TOME AND PRINCIPLE,
Carlos Gustavo DOS ANJOS
Ambassador
FOR THE CHAIRMAN OF THE SENEGAL REPUBLIC,
Abdoulaye DIOP
Minister of State, Minister of Economy and Finance
FOR THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,
Vivianne FOCK TAVE
Ambassador
FOR THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE,
Richard KONTEH
Deputy Minister of Finance and Economic Development
I'm sorry.
Steve WILLIAMS ABANA
Minister of Plan and Coordination of Assistance
FOR THE CHAIRMAN OF THE REPUBLIC D'AFRIQUE DU SUD,
Maite NKOANA-MASHABANE
Minister of International Relations and Cooperation
FOR THE PRESIDENT OF THE REPUBLIC OF SURINAME,
Gerhard Otmar HIWAT
Ambassador
FOR HIS MAJEST THE ROI OF SWAZILAND
Joel M. NHLEKO
Ambassador
FOR THE PRESIDENT OF THE REPUBLIC OF TANZANIA
Simon Uforosia MLAY
Ambassador
FOR THE CHAIRMAN OF THE TCHAD REPUBLIC,
Ahmat Awad SAKINE
Ambassador
FOR THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF TIMOR-ORIENTAL,
Zacarias Albano da COSTA
Minister for Foreign Affairs
FOR THE CHAIRMAN OF THE TOGOLAISE REPUBLIC,
Dédé AHOEFA EKOUE
Minister to the President of the Republic, responsible for planning, development and land development
FOR ITS MAJEST THE ROI OF TONGA,
Sione Ngongo KIOA
Ambassador
FOR THE PRESIDENT OF THE REPUBLIC OF TRINITY AND TOBAGO,
Margaret KING-ROUSSEAU
Ambassador
TUVALU REINE,
Lotoala METIA
Minister of Finance, Economic Planning and Industry
FOR THE PRESIDENT OF THE REPUBLIC OF THE OGANDA,
Fred Jocham OMACH
Minister of State of Finance
FOR THE GOVERNMENT OF THE REPUBLIC OF VANUATU,
Joe NATUMAN
Minister for Foreign Affairs, Trade and Telecommunications
FOR THE PRESIDENT OF THE ZAMBIA REPUBLIC,
Lwipa PUMA
Vice-Minister of Trade, Trade and Industry
FOR THE GOVERNMENT OF THE ZIMBABWE REPUBLIC,
Michael C. BIMHA
Deputy Minister of Industry and Trade
LESQUELS, after having exchanged their full powers recognized in due form,
AGAINST WHO ITS:
UNIQUE
In accordance with the procedure referred to in Article 95, the Cotonou Agreement is amended to read:
A. PREAMBULE
1. The eleventh considering the words of Libreville and Santo Domingo... is replaced by the following text:
"REASING the declarations of the successive summits of the heads of state and government of the ACP States; "
2. The twelfth consideration, beginning with "WHERE that the Millennium Development Goals...", is replaced by the following text:
"WARE that the Millennium Development Goals, derived from the Millennium Declaration adopted by the United Nations General Assembly in 2000, such as the eradication of extreme poverty and hunger, as well as the development goals and principles agreed at the United Nations conferences, provide a clear vision and must underpin ACP-EU cooperation within the framework of this Agreement; Acknowledging the need for the EU and ACPs to combine their efforts to accelerate progress towards achieving the Millennium Development Goals; "
3. After the Twelfth Considering, beginning with "WARE that the Millennium Development Goals...", it is inserted the following consideration:
"SUBCRIVING the aid effectiveness targets set out in Rome, confirmed in Paris and deepened in Accra's action plan; "
4. The thirteenth considering, beginning with "AGREING special attention to commitments...", is replaced by the following text:
"CALLING special attention to the commitments and objectives agreed at major United Nations conferences and other international conferences, and recognizing the need to continue efforts to achieve the objectives and to implement the programmes of action that have been defined in these forums; "
5. After the thirteenth considering, beginning with “AGREING special attention to commitments...”, it is inserted the following consideration:
"Aware of the magnitude of the global environmental challenges posed by climate change, and deeply concerned about the situation of the most vulnerable populations living in developing countries, in particular in the least developed countries and small island ACP States where livelihoods and sustainable development are threatened by climate phenomena such as sea level rise, coastal erosion, drought and flooding, and "
B. TEXT OF ARTICLES OF THE COTONOU ACCORD
1. Article 1^er is amended to read:
(a) the third preambular paragraph shall be replaced by the following:
"These objectives, as well as the international commitments of the parties, including the Millennium Development Goals, inspire all development strategies and are addressed in an integrated approach that simultaneously takes into account the political, economic, social, cultural and environmental components of development. The partnership provides a coherent framework to support the development strategies defined by each ACP State. »;
(b) the fourth paragraph shall be replaced by the following:
"Sustained economic growth, private sector development, increased employment and improved access to productive resources are part of this framework. Respect for human rights and the satisfaction of essential needs, the promotion of social development and the conditions for equitable distribution of the fruits of growth are favoured. Regional and subregional integration processes that facilitate the integration of ACP countries into the global economy in commercial and private investment are encouraged and supported. The development of the capacities of development actors and the improvement of the institutional framework necessary for social cohesion, the functioning of a democratic society and a market economy and the emergence of an active and organized civil society are an integral part of this approach. The situation of women and issues of equality between men and women are systematically taken into account in all areas, political, economic or social. The principles of sustainable management of natural resources and the environment, including climate change, are applied and integrated at all levels of the partnership. "
2. Section 2 is replaced by the following text:
“Article 2
Fundamental principles
ACP-EC cooperation, based on a rule of law and the existence of joint institutions, is guided by the action plan on the effectiveness of internationally agreed aid on appropriation, alignment, harmonization, results-based management in development and mutual accountability. It operates on the basis of the following fundamental principles:
- the equality of partners and the appropriation of development strategies: in order to achieve the objectives of the partnership, the ACP States shall, in all sovereignty, determine the strategies for the development of their economies and their societies in accordance with the essential and fundamental elements described in Article 9; the partnership encourages the appropriation of development strategies by the countries and populations concerned; EU development partners align their programmes with these strategies;
- participation: in addition to the State as the main partner, the partnership is open to ACP parliaments, local authorities of ACP States and various types of other actors, with a view to promoting the participation of all sectors of society, the private sector and civil society organizations in political, economic and social life;
- the central role of dialogue, respect for mutual commitments and accountability: the commitments made by the parties in their dialogue are at the centre of partnership and cooperation relations; Parties are working closely to identify and implement the processes necessary to align and harmonize the donor side, so as to ensure that ACP States are central to these processes;
- differentiation and regionalization: the modalities and priorities of cooperation vary according to the level of development of the partner, its needs, its performance and its long-term development strategy. Particular treatment was given to the least developed countries and the vulnerability of landlocked and island countries was taken into account. Particular emphasis is placed on regional integration, including at the continental level. "
3. Section 4 is replaced by the following text:
“Article 4
General approach
ACP States determine, in all sovereignty, the principles and strategies for development, and the models of their economies and societies. They establish, with the Community, the programmes of cooperation under this Agreement. However, the parties recognize the complementary role and potential contribution of non-State actors, ACP parliaments and decentralized local authorities to the development process, including at the national and regional levels. To this end, in accordance with the conditions laid down in this Agreement, non-State actors, ACP parliaments and decentralized local authorities, as appropriate:
- are kept informed and involved in the consultation on cooperation policies and strategies, on the priorities of cooperation, in particular in areas affecting or affecting them directly, as well as on political dialogue;
- receive capacity-building assistance in critical areas to strengthen the capacities of these actors, particularly in terms of organization and representation, as well as the establishment of consultation mechanisms, including communication and dialogue channels, and to promote strategic alliances.
Non-State actors and decentralized local authorities, as appropriate:
- receive financial resources, under the conditions set out in this Agreement, to support local development processes;
- are involved in the implementation of cooperation projects and programmes in areas affecting them or those in which they have a comparative advantage. "
4. Section 6 is amended to read:
(a) Paragraph 1^er is replaced by the following:
“1. Cooperation actors include:
(a) public authorities (local, regional and national), including ACP parliaments;
(b) ACP regional organizations and the African Union; in the context of this Agreement, the concept of regional or regional organization includes subregional organizations or the subregional level;
(c) Non-State actors:
- the private sector;
- economic and social partners, including trade union organizations;
- civil society in all its forms according to national characteristics. »;
(b) in paragraph 2, the words "non-governmental actors" are replaced by the words "non-State actors".
5. Section 8 is replaced by the following text:
“Article 8
Political dialogue
1. The parties regularly conduct a comprehensive, balanced and in-depth political dialogue leading to mutual commitments.
2. The objective of this dialogue is to exchange information, encourage mutual understanding, and facilitate the definition of common priorities and principles, in particular by recognizing the links between the different aspects of relations between the parties and between the various areas of cooperation provided for in this Agreement. Dialogue must facilitate consultations and strengthen cooperation among parties within international forums, as well as promote and support an effective system of multilateralism. The purpose of the dialogue is also to prevent situations in which a party might consider it necessary to use the consultation procedures provided for in articles 96 and 97.
3. The dialogue covers all of the objectives and purposes set out in this Agreement as well as all matters of general or regional common interest, including issues related to regional or continental integration. Through dialogue, the parties contribute to peace, security and stability and the promotion of a stable and democratic political environment. The dialogue includes cooperation strategies, including the aid effectiveness action plan, as well as general and sectoral policies, including the environment, climate change, gender equality, migration and cultural heritage issues. It will also cover the general and sectoral policies of both parties that could affect the achievement of development cooperation objectives.
4. The dialogue focuses, among other things, on specific political themes of mutual or general interest in relation to the objectives set out in this Agreement, in particular in areas such as arms trade, excessive military spending, drugs, organized crime, child labour, or discrimination for any reason: race, skin colour, sex, language, religion, political or other opinion, country of origin or social origin, property, birth or any other status. It also includes a regular assessment of developments in respect of human rights, democratic principles and the rule of law, as well as good governance.
5. General policies aimed at promoting peace and preventing, managing and resolving violent conflicts have an important role in this dialogue, as well as the need to take fully into account the goal of peace and democratic stability in defining priority areas of cooperation. In this context, relevant regional organizations ACP and the African Union, where appropriate, are fully associated with this dialogue.
6. The dialogue is conducted with all the necessary flexibility. It may, as appropriate, be formal or informal, take place within and outside the institutional framework, including the ACP group and the Joint Parliamentary Assembly, in the most appropriate form and level, including at the national, regional, continental or all-ACP level.
7. Regional organizations and representatives of civil society organizations are associated with this dialogue, as well as, where appropriate, national ACP parliaments.
8. Where applicable, and in order to prevent situations in which a party might consider it necessary to use the consultation procedure provided for in Article 96, the dialogue on essential elements must be systematic and formalized in accordance with the terms set out in Annex VII. "
6. Section 9 is amended to read:
(a) in paragraph 3, the second paragraph shall be replaced by the following:
"Good governance, based on the ACP-EU partnership, inspires the internal and international policies of the parties and is a fundamental element of this agreement. The parties agree that serious cases of corruption, whether active or passive, referred to in section 97 constitute a violation of that element. »;
(b) in paragraph 4, the following paragraph is added:
"The principles underlying the essential and fundamental elements defined in this article apply equally to ACP States, on the one hand, and to the European Union and its Member States, on the other. "
7. Section 10 is amended to read:
(a) in paragraph 1^er, the second dash is replaced by the following:
" - increased participation of ACP national parliaments, decentralized local authorities and, where appropriate, active and organized civil society and the private sector. »;
(b) in paragraph 2, the words "market economy" are replaced by the words "social market economy".
8. Section 11 is replaced by the following text:
“Article 11
Policies for peace, conflict prevention and resolution, response to fragile situations
1. The parties recognize that without development or poverty reduction, there can be no lasting peace or security and that without peace or security, there can be no sustainable development. The parties are implementing an active, comprehensive and integrated peace-building, conflict prevention and resolution and human security policy, and face fragility situations within the framework of the partnership. This policy is based on the principle of ownership and focuses, inter alia, on the development of national, regional and continental capacities, and on the prevention of violent conflicts at an early stage by acting directly on their root causes, including poverty, and by appropriately combining all available instruments.
The parties recognize the need to address the security, new and growing threats posed by organized crime, piracy and trafficking, including human beings, drugs and weapons. The impact of global challenges such as shocks in international financial markets, climate change and pandemics must also be taken into account.
The parties underline the important role of regional organizations in peacebuilding, conflict prevention and resolution, as well as in the fight against new and growing security threats, in particular the key role played by the African Union in this area in Africa.
2. The interdependence between security and development is taken into account in peacebuilding, conflict prevention and resolution activities, based on a combination of short- and long-term approaches beyond just crisis management. Activities aimed at addressing security, new or accentuated threats support, inter alia, the application of the law, including cooperation in the field of border control through improved security of the international supply chain and improved protection measures for air, sea and land transport.
Activities in the area of peacebuilding, conflict prevention and resolution include a balance of the political, economic, social and cultural opportunities offered to all segments of society, a strengthening of democratic legitimacy and the effectiveness of public affairs management, an effective mechanism for peaceful conciliation of the interests of the various groups, an active participation of women, a bridge between the different segments of society and an active and organized society. In this regard, special attention is given to the establishment of early warning and peacebuilding mechanisms to facilitate conflict prevention.
3. These activities also include, inter alia, support for mediation, negotiation and reconciliation efforts, effective regional management of rare common natural resources, demobilization and social reintegration of former combatants, efforts to address the problem of child soldiers and violence against women and children. Relevant provisions are made to limit military expenditures and arms trade to a reasonable level, including through support for the promotion and application of standards and codes of conduct, as well as to combat activities that can fuel conflict.
3a. Particular emphasis is placed on the fight against anti-personnel mines and other explosive remnants of war, the illicit manufacture, transfer, circulation and accumulation of small arms and light weapons, as well as their ammunition, including stocks and depositions that are insufficiently secured or mismanaged and uncontrolled.
The parties agree to coordinate, respect and fully implement their respective obligations under the relevant international conventions and instruments and, to this end, undertake to cooperate at the national, regional and continental levels.
3b. The parties also undertake to cooperate in the prevention of mercenary activities in accordance with their obligations under all international conventions and instruments, as well as their respective laws and regulations.
4. In order to address fragility situations through a strategic and effective approach, the parties exchange information and facilitate the adoption of preventive measures, consistently combining diplomatic, security and development cooperation tools. They agree on the best ways to strengthen the capacities of States to play their central role and to instill greater political will to undertake reforms, while respecting the principle of appropriation. In fragile situations, political dialogue is of particular importance and must therefore be intensified and strengthened.
5. In violent conflict situations, parties shall take all appropriate measures to prevent increased violence, limit its spread and facilitate a peaceful settlement of existing disputes. Particular attention is paid to ensure that the financial resources of cooperation are used in accordance with the principles and objectives of the partnership, and to prevent the diversion of funds for warlike purposes.
6. In post-conflict situations, parties take all appropriate measures to stabilize the situation during the transition period, so as to facilitate the return to a sustainable situation of non-violence, stability and democracy. They ensure the necessary links between emergency measures, rehabilitation and development cooperation.
7. By promoting the strengthening of international peace and justice, the parties reaffirm their commitment to:
- share experiences regarding the adoption of legal amendments necessary to allow the ratification and implementation of the Rome Statute of the International Criminal Court, and
- Combat international crime in accordance with international law, with due regard to the Rome Statute.
The parties endeavour to take measures to ratify and implement the Rome Statute and related instruments. "
9. Section 12 is replaced by the following text:
“Article 12
Coherence of community policies and impact on the implementation of this Agreement
The parties are committed to addressing the issue of policy coherence for development in a targeted, strategic and partnership-based manner, including by strengthening dialogue on issues related to development. The Union recognizes that Union C policies other than Development C policies can support the development priorities of ACP States in accordance with the objectives of this Agreement. On this basis, the Union will strengthen the coherence of these policies with a view to achieving these objectives.
Without prejudice to Article 96, where the Community considers, within its competence, to take a measure that could affect the interests of ACP States, provided that the objectives of this Agreement are concerned, it shall inform the ACP Group in due course. To that end, the Commission regularly informs the Secretariat of the ACP group of proposals and simultaneously communicates its proposal on such measures. In case of need, a request for information may also be introduced at the initiative of ACP States.
At the request of these, consultations are held at a short time so that they may be taken into account their concerns about the impact of these measures before a final decision is taken.
After these consultations, ACP States and ACP Group may, in addition, communicate their concerns in writing to the Community as soon as possible and make suggestions for amendments indicating how to address their concerns.
If the Community does not follow up on the observations of ACP States, it shall inform them as soon as possible by indicating its reasons.
The ACP Group also receives, if possible in advance, adequate information on the entry into force of these decisions. "
10. Section 14 is replaced by the following text:
“Article 14
Common institutions
1. The common institutions of this Agreement are the Council of Ministers, the Committee of Ambassadors and the Parliamentary Assembly.
2. Common institutions and institutions created under economic partnership agreements must, without prejudice to the relevant provisions of existing or future economic partnership agreements, ensure coordination, coherence and complementarity, as well as an effective and mutual flow of information. "
11. The following item is inserted:
“Article 14 a
Meetings of Heads of State or Government
The parties meet at the level of Heads of State or Government, in common agreement and in an appropriate composition. "
12. Section 15 is amended to read:
(a) in paragraph 1^erthe third paragraph shall be replaced by the following:
"The Council of Ministers meets, in principle, once a year at the initiative of its President, and whenever it appears necessary, in a form and geographical composition appropriate to the themes to be addressed. These meetings provide high-level consultations on topics of specific interest to the parties, in addition to the work done by the Joint Ministerial Committee (Article 38) and the ACP-EC Committee for Cooperation in Financing for Development (Article 83), which will contribute to the regular annual meetings of the Council of Ministers. »;
(b) in paragraph 3, the second paragraph shall be replaced by the following:
"It may make decisions that are mandatory for the parties, formulate resolutions, recommendations and advice at its regular annual meeting or by written procedure. It reports annually to the Joint Parliamentary Assembly on the implementation of this Agreement. It examines and takes into account the resolutions and recommendations adopted by the Parliamentary Assembly. "
13. Section 17 is amended to read:
(a) Paragraph 2 is amended to read:
(i) the third and fourth dashes are replaced by the following:
" - examine issues related to development and ACP-EU partnership, including economic partnership agreements, other trade agreements, the European Development Fund and national and regional strategy papers. To this end, the European Commission transmits, for information, all strategy documents to the Parliamentary Assembly of Parliament;
- review the annual report of the Council of Ministers on the implementation of this Agreement, and adopt resolutions and make recommendations to the Council of Ministers for the achievement of the objectives set out in this Agreement; »;
(ii) the following dash is added:
" - promote the institutional development and capacity-building of national parliaments in accordance with Article 33, paragraph 1^erof this agreement. »;
(b) Paragraph 3 is replaced by the following:
“3. The Joint Parliamentary Assembly meets twice a year in plenary session, alternately in the European Union and in an ACP State. In order to strengthen regional integration and encourage cooperation among national parliaments, meetings between EU parliamentarians and ACP parliamentarians are organized at the regional level.
These regional meetings will be organized in accordance with the objectives set out in Article 14, paragraph 2, of this Agreement. "
14. Section 19, paragraph 2, is replaced by the following text:
“2. Cooperation refers to the conclusions of the United Nations conferences and the internationally agreed goals and programmes of action as well as their follow-up as a basis for the principles of development. Cooperation also refers to the international objectives of development cooperation and pays particular attention to the development of qualitative and quantitative indicators of progress. The parties will work together to accelerate progress towards achieving the Millennium Development Goals. "
15. Section 20 is amended to read:
(a) Paragraph 1^er is amended to read:
(i) the introductory language is replaced by the following:
“1. The objectives of ACP-EC development cooperation are pursued in line with integrated strategies that combine the economic, social, cultural, environmental and institutional components of development that need to be appropriate at the local level. Co-operation thus provides a coherent framework for supporting the development strategies of ACP countries, ensuring complementarity and interaction between the various components, especially at the national and regional levels, and between them. In this context and within the framework of development policies and reforms implemented by ACP States, ACP-EC cooperation strategies at the national level and, if appropriate, at the regional level aim to: ";
(ii) item (a) is replaced by the following:
"(a) achieve economic, rapid, sustained and job-creating growth, develop the private sector, increase employment and improve access to productive resources and economic activities; »;
(iii) the following point shall be inserted:
"(aa) promote regional cooperation and integration; »;
(b) Paragraph 2 is replaced by the following:
“2. With a view to their integration into all areas of cooperation, systematic consideration will be given to the following thematic or cross-cutting issues: human rights, gender equality, democracy, good governance, environmental conservation, climate change, communicable and non-communicable diseases, institutional development and capacity-building. These areas can also benefit from the assistance of the Community. "
16. Section 21 is amended to read:
(a) in the chapeau of paragraph 1, the words "private investment" are replaced by the word "investment";
(b) in paragraph 3, item (c), an amendment is made in the English version without effect on the French version;
(c) Paragraph 5 is replaced by the following:
« 5. Support for private sector investment and development incorporates actions and initiatives at the macro, meso and microeconomic levels, and aims to promote the search for innovative financing mechanisms, including the combination and mobilization of private and public sources of financing for development. »;
(d) the following paragraph is added:
« 6. Co-operation supports investments in public sector basic infrastructure to develop the private sector, economic growth and poverty eradication. "
17. In article 22, paragraph 1, point (b), the introductory lining is replaced by the following:
"(b) implement structural policies designed to strengthen the role of the various actors, especially the private sector, and improve the environment to mobilize more domestic resources, increase the volume of business and promote investment and employment as well as to:".
18 Section 23 is replaced by the following text:
“Article 23
Sectoral economic development
Co-operation supports sustainable political and institutional reforms and the investments needed for equitable access to economic activities and productive resources, in particular:
(a) the development of training systems that contribute to increased productivity in the formal and informal sectors;
(b) capital, credit and land, in particular, with respect to property and exploitation rights;
(c) the development of rural strategies to establish a framework for decentralized planning, resource allocation and management, based on a participatory approach;
(d) the development of strategies to improve agricultural production and productivity in ACP countries, including the provision of financing for agronomic research, the provision of inputs and agricultural services, rural support infrastructure, and the reduction and management of risks. Assistance includes public and private investment in agriculture, the promotion of policies and strategies in this area, the strengthening of peasant organizations and the private sector, the management of natural resources, and the development and operation of agricultural markets. Agricultural production strategies support national and regional food security policies, as well as regional integration. In this context, cooperation supports the efforts of ACP countries to improve the competitiveness of their commodity exports and to adapt their commodity export strategies in the light of the changing trade conditions;
(e) sustainable development of water resources, based on the principles of integrated management, ensuring a sustainable and equitable distribution of common resources among different uses;
(f) sustainable development of aquaculture and fisheries, as well as marine resources in the exclusive economic zones of ACP States;
(g) economic and technological infrastructure and services, including transportation, telecommunications systems, communications services, and the development of the information society;
(h) the development of competitive industrial, mining and energy sectors, while promoting private sector participation and development;
(i) Trade development, including the promotion of equitable trade;
(j) development of the business, financial and banking sector and other services;
(k) tourism development;
(l) the development of scientific, technological and research infrastructure and services, including the strengthening, transfer and absorption of new technologies;
(m) capacity-building in productive sectors, particularly in the public and private sectors;
(n) Promoting traditional knowledge; and
(o) the development and implementation of specific adaptation strategies to address the effects of preference erosion, possibly including the activities referred to in (a) to (n) above. "
19. The following item is added:
“Article 23 a
Fishing
Recognizing the key role of fisheries and aquaculture in ACP countries, in terms of their positive contribution to job creation, income generation, food security and livelihood conservation in rural and coastal communities, and, consequently, to poverty reduction, cooperation aims to further develop the sectors of aquaculture and fisheries in ACP countries, with a view to increasing the benefits of
Programs and cooperation activities include the development and implementation of sustainable development strategies and management plans for aquaculture and fisheries in ACP countries and regions; the integration of aquaculture and fisheries into national and regional development strategies; the development of the infrastructure and technical skills required by ACPs to make the maximum sustainable use of fishing and aquaculture; building the capacities of ACP countries so that they can cope with external challenges that limit their ability to fully benefit from their fisheries resources; and the promotion and development of joint ventures capable of generating investments in the fisheries and aquaculture sectors in ACP countries. Any agreement on fisheries that could be negotiated between the Community and ACP States must be consistent with development strategies in this area.
High-level consultations, particularly at the ministerial level, can be undertaken in common with the aim of developing, improving and/or strengthening ACP-EU development cooperation in the area of sustainable aquaculture and fisheries. "
20. In section 25, paragraph 1, items (a) and (b) are replaced by the following:
"(a) improve education and training at all levels, working on the development of a system for recognition of higher education diplomas and a mechanism for guaranteeing the quality of education, including on-line education and training, or other non-conventional means, and building technical capacity and skills;
(b) improve health systems, in particular equitable access to comprehensive and quality care services and nutrition, the elimination of famine and malnutrition, and the provision of adequate food security and supplies, including the consolidation of safety nets; "
21. Section 27 is amended to read:
(a) the title is replaced by the following:
“Culture and development”;
(b) item (c) is replaced by the following:
“(c) recognize, safeguard and value cultural heritage, support capacity development in this sector; »;
(c) The following points are added:
“(e) recognize and support the role of cultural actors and cultural networks and enhance their contribution to sustainable development; and
(f) promote the cultural dimension in education and youth participation in cultural activities. "
22. Sections 28, 29 and 30 are replaced by the following text:
“Article 28
General approach
1. ACP-EU cooperation effectively contributes to the achievement of the objectives and priorities set by ACP States within the framework of regional cooperation and integration.
2. In accordance with the general objectives set out in articles 1^er and 20, ACP-EU cooperation aims to:
(a) promoting peace and stability, as well as conflict prevention and resolution;
(b) advance economic development and cooperation through the creation of wider markets, the free movement of people, goods, services, capital, labour and technology among ACP countries, the accelerated diversification of the ACP economies, the promotion and expansion of trade between ACP countries and third countries, as well as the gradual integration of ACP States into the world economy;
(c) to promote the management of sustainable development challenges in a transnational dimension through, inter alia, the coordination and harmonization of regional and subregional cooperation policies.
3. Under the conditions set out in Article 58, cooperation also supports projects at inter-regional and intra-ACP levels involving, for example:
(a) one or more ACP regional organizations, including at the continental level;
(b) European Overseas countries and territories (PTOM) and ultra-peripheral regions;
(c) non-ACP developing countries.
Rule 29
ACP-EU cooperation in support of regional cooperation and integration
1. In the areas of stability, peace and conflict prevention, cooperation aims to:
(a) promote and develop a regional political dialogue in the areas of conflict prevention and resolution, human rights and democratization, exchange, networking and the promotion of mobility among different development actors, in particular in civil society;
(b) promote regional security initiatives and policies, including arms control, anti-drug actions, organized crime, money-laundering, fraud and corruption.
2. In the area of regional economic integration, cooperation aims to:
(a) encourage and benefit from the least developed countries (LDCs) of ACP States;
(b) implement sectoral economic reform policies at the regional level;
(c) To liberalize trade and payments;
(d) stimulate cross-border investment, both foreign and national and other regional economic integration initiatives;
(e) mitigate the effects of the net transitional costs of regional integration on budgetary resources and the balance of payments; and
(f) Strengthen infrastructure, including transport and communication, as well as related security aspects and services, including the development of regional potential in the area of information and communication technologies.
3. In the area of regional sustainable development policies, cooperation aims to promote the priorities of ACP regions, in particular:
(a) the environment and sustainable management of natural resources, including water and energy, and the fight against climate change;
(b) food security and agriculture;
(c) health, education and training;
(d) Research and technological development; and
(e) regional initiatives for disaster preparedness and mitigation and post-disaster reconstruction.
Rule 30
Capacity building in support of regional cooperation and integration
To make regional policies effective and efficient, cooperation develops and builds capacity:
(a) regional integration institutions and organizations established by ACP States and those of ACP States, which promote regional cooperation and integration;
(b) national governments and parliaments in the area of regional integration; and
(c) non-State actors, including the private sector. "
23. The following item is added:
“Article 31 a
HIV/AIDS
Cooperation contributes to the efforts of ACP States to develop and strengthen all of their sectoral policies and programmes to combat the HIV/AIDS pandemic and to prevent its development. It supports the efforts of ACP States to increase and maintain universal access to prevention, treatment, care and support, in particular:
(a) To promote the development and implementation of comprehensive multisectoral strategies and plans on HIV/AIDS as a priority in national and regional development plans;
(b) To involve all relevant development sectors in national strategies to combat HIV/AIDS and to ensure broad mobilization of society at all levels;
(c) Strengthen national health systems and address the lack of human resources in this sector, in order to ensure universal access to health services and to effectively integrate HIV/AIDS prevention, treatment and care with other health services;
(d) Addressing gender inequality, violence and sexual abuse, which are the vectors of the AIDS pandemic and intensifying efforts to safeguard the rights of women and girls; develop effective HIV/AIDS programmes and services specifically for women and girls, including sexual and reproductive health and related rights and promote the full participation of women in planning and decision-making on HIV/AIDS strategies and programmes;
(e) to develop a conducive legal and policy framework and to remove repressive laws, policies and practices, as well as stigmatization and discrimination that affect human rights, increase vulnerability to HIV/AIDS and prevent access to effective prevention, treatment, care and support, including drugs, products and services for people with HIV/AIDS and the most vulnerable populations;
(f) Strengthen access to comprehensive and proven HIV/AIDS prevention, taking into account the vectors of the epidemic at the local level and the specific needs of the most vulnerable women, youth and populations; and
(g) To ensure universal and reliable access to treatment, including safe, high-quality and affordable medicines and health products, including sexual and reproductive health. "
24. The following item is added:
“Article 32 a
Climate change
The parties recognize that climate change is a major global environmental challenge and a threat to the achievement of the Millennium Development Goals, which requires adequate, predictable and timely financial support. For these reasons and in accordance with the provisions of Article 32, including paragraph 2, paragraph (a), cooperation:
(a) Recognizes the vulnerability of ACP States and, in particular, small island and low-altitude ACP States to climate phenomena such as coastal erosion, cyclones and floods and displacements of environmental-related populations, as well as the worsening of the problem of floods, drought, deforestation and desertification, which particularly affect the least developed and landlocked ACP States;
(b) Strengthens and supports policies and programmes aimed at mitigating the consequences of climate change and adapting to the risks they pose, including through institutional development and capacity-building;
(c) Strengthens the capacity of ACP States to develop and participate in the global carbon market;
(d) Emphasizes the following activities:
(i) mainstreaming climate change into development strategies and poverty reduction efforts;
(ii) strengthening the political dimension of climate change in development cooperation, including through appropriate political dialogue;
(iii) the provision of assistance to ACP States to enable them to adapt to climate change in relevant sectors such as agriculture, water management and infrastructure, including through the transfer and adoption of appropriate and sound technologies for the environment;
(iv) promoting disaster risk reduction, given that a growing proportion of disasters are related to climate change;
(v) the provision of financial and technical assistance to mitigation measures taken by ACP States that are in line with their poverty reduction and sustainable development goals, including reducing emissions from deforestation, forest degradation and reducing emissions in the agricultural sector;
(vi) improved weather and climate information and forecasts and early warning systems; and
(vii) promoting renewable energy sources and low-carbon technologies that favour sustainable development. "
25. In section 33, paragraph 3, item (c) is replaced by the following text:
"(c) improving and strengthening the management of public finances with a view to developing economic activities in ACP countries and increasing their tax revenues, while fully respecting the sovereignty of ACP States in this area.
These measures may include:
(i) capacity-building in public finance management, including effective, efficient and sustainable tax systems;
(ii) promoting participation in international tax cooperation structures and mechanisms to facilitate the effective development and implementation of international standards;
(iii) support for the implementation by the ACP countries that have committed themselves to it, tax principles of transparency and information exchange; "
26. In section 34, paragraphs 2 to 4 are replaced by the following text:
“2. The ultimate goal of economic and trade cooperation is to enable ACP States to participate fully in international trade. In this context, special consideration is given to the need for ACP States to participate actively in multilateral trade negotiations. Given the current level of development of ACP countries, economic and trade cooperation must enable them to respond to the challenges of globalization and gradually adapt to the new conditions of international trade, thus facilitating their transition to the liberalized world economy. In this context, particular attention should be paid to the vulnerability of many ACP States resulting from their reliance on commodities or some key products, including value-added agro-industrial products, as well as erosion of preferences.
3. To that end, economic and trade cooperation is aimed, through national and regional development strategies defined under I.^erto strengthen the production, supply and marketing capacities of ACP countries, as well as their ability to attract investment. Cooperation is also aimed at creating a new dynamic of trade between the parties, strengthening trade and investment policies of ACP countries, reducing their reliance on commodities, promoting more diversified economies and improving their capacity to deal with all trade issues.
4. Economic and trade cooperation is implemented in full compliance with the provisions of the agreement establishing the World Trade Organization (WTO), including special and differential treatment taking into account the mutual interests of the parties and their respective levels of development. It also aims to address the effects of preference erosion, in full compliance with multilateral commitments. "
27. Paragraphs 1^er and 2 are replaced by the following:
“1. Economic and trade cooperation must be based on a genuine, strategic and strengthened partnership. It is also based on a comprehensive approach based on the strengths and results of previous ACP-EC conventions.
2. Economic and trade cooperation is based on the regional integration initiatives of ACP States. Cooperation in support of regional cooperation and integration, as defined under I^erand economic and trade cooperation are mutually reinforcing. Economic and trade cooperation covers, in particular, the constraints of supply and demand, including measures for interconnectivity of infrastructure, economic diversification and trade development as a means of strengthening the competitiveness of ACP States. Appropriate importance is therefore given to the corresponding measures in ACP states and regional development strategies, which benefit from community support, especially through the provision of aid to trade. "
28. Sections 36 and 37 are replaced by the following:
“Article 36
Modalities
1. In the light of the objectives and principles outlined above, the parties agree to take all necessary measures to conclude new economic partnership agreements that are consistent with WTO rules, by phasing out trade barriers between them and by strengthening cooperation in all areas related to trade.
2. The development instruments of the economic partnership agreements aim to encourage the gradual and harmonious integration of all ACP States into the world economy, including by maximizing the potential of regional integration and South-South trade.
3. The parties agree that these new trade agreements will be introduced gradually.
Rule 37
Procedures
1. During the negotiations of the economic partnership agreements, capacity development is ensured, in accordance with the provisions of heading I and section 35, in the public and private sectors of the ACP countries, including by taking measures to improve competitiveness, strengthen regional organizations and support regional trade integration initiatives with, where appropriate, assistance to fiscal adjustment and tax reform, as well as to the modernization and development of infrastructure and to the promotion of infrastructure.
2. The parties will regularly review the status of negotiations, as provided for in Article 38.
3. The negotiations of the economic partnership agreements will continue with the ACP countries that feel ready to do so, at the level they consider appropriate and in accordance with the procedures agreed by the ACP group, in order to support the regional integration processes between ACP States.
4. The negotiations of the economic partnership agreements are aimed, inter alia, at establishing the time frame for the gradual removal of barriers to trade between the parties, in accordance with the WTO rules on this matter. With respect to the Community, trade liberalization is based on the acquis and will aim to improve the current access of ACP countries to the market, including through a review of the rules of origin. Negotiations take into account the level of development and the socio-economic impact of trade measures on ACP countries and their ability to adapt and adjust their economies to the liberalization process. The negotiations will therefore be as flexible as possible with respect to the setting of a transition period of sufficient duration, the final product coverage, taking into account sensitive sectors, and the degree of asymmetry in terms of the tariff dismantling schedule, while remaining in accordance with the WTO rules in force at that date.
5. The parties cooperate and work closely within the WTO to defend the trade regime, particularly with regard to the degree of flexibility available.
6. The parties discuss how to simplify and review the rules of origin, including provisions on cumulation, that apply to their exports.
7. When some ACP States have entered into an economic partnership agreement, the other ACP States that are not part of such an agreement may ask to accede to it at any time.
8. Within the framework of ACP-EU cooperation in support of ACP regional cooperation and integration, as provided for under I and in accordance with Article 35, the parties pay particular attention to the emerging needs of the implementation of the economic partnership agreements. The principles described in Article 1^er Appendix IV to this Agreement shall apply. To this end, the parties agree to use existing or new regional funding mechanisms for the delivery of resources from the multi-year cooperation financial framework and other additional resources. "
29. The following item is inserted:
“Article 37 a
Other trade agreements
1. In the context of today's trade policies that focus on increased trade liberalization, the EU and ACP States can participate in negotiations and in the implementation of agreements to further liberalize multilateral and bilateral trade. This process is likely to result in erosion of preferences granted to ACP States and jeopardize their competitive position on the EU market, as well as their development efforts that the EU is interested in supporting.
2. In accordance with the objectives of economic and trade cooperation, the EU is working to implement measures to address the potential negative effects of liberalization, in order to maintain as long as possible significant preferential access for ACP States within the framework of the multilateral trading system and to ensure that any inevitable reduction of preferences is spread over the longest possible period. "
30. In section 38, paragraph 2 is replaced by the following text:
“2. The Trade Ministerial Committee discusses trade issues that concern all ACP States and, in particular, ensures regular follow-up to negotiations and the implementation of economic partnership agreements. It pays particular attention to ongoing multilateral trade negotiations and examines the impact of broader liberalization initiatives on ACP-EC trade and the development of ACP economies. It reports and submits appropriate recommendations to the Council of Ministers, including all support measures, to improve the benefits of ACP-EC trade agreements. "
31. The following item is inserted:
“Article 38 a
Consultations
1. When new measures or measures in the reconciliation programmes of the legislative and regulatory provisions that the Community has adopted to facilitate trade may affect the interests of one or more ACP States, the Community shall inform, before their adoption, the Secretariat of the ACP Group and the ACP States concerned.
2. In order to allow the Community to take into account the interests of the ACP group, consultations shall be held at the request of the ACP group, in accordance with the provisions of Article 12 of this Agreement, with a view to reaching a satisfactory solution.
3. Where existing community regulations, adopted to facilitate trade, affect the interests of one or more ACP States or where such interests are affected by the interpretation, application or implementation of these regulations, consultations are held at the request of the ACP States concerned, in accordance with the provisions of Article 12, with a view to reaching a satisfactory solution.
4. In order to find a satisfactory solution, the parties may also refer to other difficulties in the circulation of goods within the Joint Ministerial Committee, which would result from actions taken or planned by the Member States.
5. The parties are mutually reinforcing such measures to ensure effective consultations.
6. The parties agree that the holding of consultations and the provision of information within the institutions of an economic partnership agreement on topics covered by such agreements shall be in accordance with the provisions of this Article and Article 12 of this Agreement, provided that the ACP States likely to be affected are all signatories to the economic partnership agreement under which the consultations have been held or the information has been communicated. "
32. In section 41, paragraph 5 is replaced by the following text:
« 5. The Community will support, through national and regional development strategies as defined under I^er and in accordance with Article 35, the efforts of ACP States to strengthen their service delivery capacity. Particular attention will be paid to labour-related services, to companies, distribution, finance, tourism, culture and related construction and engineering services, with a view to improving their competitiveness and thus increasing the value and volume of their trade in goods and services. "
33. In section 42, paragraph 4 is replaced by the following text:
“4. The Community will support, through national and regional development strategies as defined under I^er and in accordance with Article 35, the efforts made by ACP States to develop and promote cost-effective and efficient marine transport services in ACP States to increase the participation of ACP operators in international shipping services. "
34. In section 43, paragraph 5 is replaced by the following text:
« 5. The parties also agree to intensify their cooperation in the areas of information and communication technology and the information society. This cooperation aims, through national and regional development strategies as defined under I and in accordance with Article 35, in particular, to ensure greater complementarity and harmonization of communication systems at the national, regional and international levels, and their adaptation to new technologies. "
35. In section 44, paragraph 2 is replaced by the following text:
“2. The Community supports the efforts of ACP States through national and regional development strategies as defined under I^er and in accordance with Article 35, in order to strengthen their capacity to address all trade-related areas, including, where appropriate, by improving and supporting the institutional framework. "
36. In section 45, paragraph 3 is replaced by the following text:
“3. The parties also agree to strengthen cooperation in this area with a view to formulating and supporting effective competition policies with relevant national bodies that progressively ensure the effective application of competition rules by both private companies and State enterprises. Cooperation in this area will include, inter alia, national and regional development strategies as defined under I^er and in accordance with Article 35, assistance to the establishment of an appropriate legal framework and its administrative implementation, taking particularly into account the situation of the least developed ACP States. "
37. In section 46, paragraph 6 is replaced by the following text:
« 6. The parties also agree to strengthen their cooperation in this regard. On request, in accordance with the agreed terms and conditions and through national and regional development strategies as defined in Part I and in accordance with Article 35, cooperation will extend, inter alia, to the following areas: development of legislative and regulatory provisions to protect and enforce intellectual property rights, to prevent the abuse of these rights by their holders and the violation of these rights by competitors, to create and strengthen relevant national and regional offices and other "
38. In section 47, paragraph 2, the introductory language is replaced by the following text:
“2. Cooperation in standardization and certification through national and regional development strategies as defined under I^er and in accordance with section 35, the aim is to promote compatible systems between the parties and includes: ".
39. In section 48, paragraph 3 is replaced by the following text:
“3. The parties agree to strengthen their cooperation in this area, through national and regional development strategies as defined under I and in accordance with Article 35, with a view to developing the public and private sector capacities of ACP countries in this area. "
40. Section 49 is amended to read:
(a) Paragraph 1^er is replaced by the following:
“1. The parties reaffirm their commitment to promote the development of international trade in a manner that ensures sustainable and sound management of the environment, in accordance with the relevant international conventions and commitments and with due regard to their respective levels of development. They agree that the specific requirements and needs of ACP States should be taken into account in the design and implementation of environmental measures, including in the context of the provisions of Article 32(a).
(b) the following paragraph is added:
“3. The parties agree that environmental measures should not be used for protectionist purposes. "
41. In section 50, paragraph 3 is replaced by the following text:
“3. The parties agree that labour standards should not be used for protectionism. "
42. In section 51, paragraph 2 is replaced by the following text:
“2. cooperation will include, through national and regional development strategies as defined in heading I and in accordance with Article 35, to strengthen the institutional and technical capacity in this field, to create early warning systems and mutual information on hazardous products, to ensure exchange of information and experience with regard to the establishment and operation of systems for the monitoring of products put on the market and the safety of products, "
43. In section 56, paragraph 1^er is replaced by the following:
“1. Cooperation for development financing is implemented on the basis of the development goals, strategies and priorities agreed by ACP States at the national, regional and intra-ACP levels. It is taken into account the respective geographical, social and cultural characteristics of these States and their particular potential. Guided by the action plan on the effectiveness of internationally agreed aid, cooperation is based on appropriation, alignment, coordination and alignment between donors, management of development results and mutual accountability. In particular, cooperation:
(a) To promote local ownership at all levels of the development process;
(b) a partnership based on mutual rights and obligations;
(c) takes into account the importance of predictability and security of resource flows, carried out under very liberal conditions and on a regular basis;
(d) is flexible and adapted to the situation of each ACP State, as well as to the specific nature of the project or programme concerned; and
e) ensure effectiveness, coordination and coherence of actions. "
44. Section 58 is amended to read:
(a) in paragraph 1^er, point (b) is replaced by the following:
"(b) the regional or interstate bodies of which one or more ACP States, including the African Union or other bodies of which non-ACP States are, and which are authorized by these ACP States; »;
(b) Paragraph 2 is amended to read:
(i) item (d) is replaced by the following:
"(d) ACP or EC financial intermediaries granting, promoting and financing private or public investment in ACP States; »;
(ii) item (f) is replaced by the following:
"(f) developing countries that are not part of the ACP group, when participating in a joint initiative or regional organization with ACP States in accordance with Article 6 of Annex IV to this Agreement. "
45. Section 60 is amended to read:
(a) item (c) is replaced by the following:
"(c) mitigate the short-term negative effects of exogenous shocks, including the instability of export revenues on socio-economic reforms and policies; »;
(b) item (g) is replaced by the following text:
"(g) humanitarian and emergency assistance, including assistance to refugees and displaced persons, interventions involving short-term relief and long-term rehabilitation in crisis and post-crisis situations, and disaster preparedness. "
46. Section 61 is amended to read:
(a) Paragraph 2 is replaced by the following:
“2. Direct budgetary assistance in support of macroeconomic or sectoral reforms is granted when:
(a) well-defined national or sectoral development policies and strategies, focusing on poverty reduction, have been put in place or are being implemented;
(b) the country ' s well-defined macroeconomic stability policies and positively evaluated by its principal donors, including, where appropriate, international financial institutions, have been established or are in the process of implementation; and
(c) Public finance management is sufficiently transparent, reliable and effective.
The Community aligns itself with the systems and procedures specific to each ACP country, monitors with it its budgetary assistance and supports the efforts of partner countries to strengthen national responsibility, parliamentary oversight, audit capacity and public information. »;
(b) Paragraph 5 is replaced by the following:
« 5. As part of this Agreement, the funds allocated by the Multi-Year Financial Framework for Cooperation under this Agreement, the own resources from the European Investment Bank (hereinafter referred to as "the Bank") and, where appropriate, other resources from the European Community budget are used to finance projects, programmes and other forms of action that contribute to the achievement of the objectives of this Agreement. "
47. Paragraph 1^er is replaced by the following:
“1. In order to reduce the debt burden of ACP States and mitigate their balance of payments problems, the parties agree to use the resources provided by the multi-year financial framework for cooperation under this Agreement to contribute to internationally approved debt reduction initiatives for the benefit of ACP countries. The Community is also committed to examining how, in the longer term, other community resources could be mobilized in support of internationally agreed debt reduction initiatives. "
48. In section 67, paragraph 1^er is replaced by the following:
“1. The multi-year financial framework for cooperation under this Agreement supports macroeconomic and sectoral reforms implemented by ACP States. In this context, the parties ensure that the adjustment is economically viable and socially and politically supportive. Support is provided in the context of a joint assessment by the Community and the ACP State concerned of the reforms that are implemented or envisaged at the macroeconomic or sectoral level and aims to allow a comprehensive assessment of the reform efforts. As far as possible, the joint evaluation aligns with the specific terms and conditions of the partner country and the monitoring of aid is based on the results achieved. Rapid disbursement is one of the main features of support programs. "
49. In Part II, Part 4, the title of Chapter 3 is replaced by the following:
CHAPTER 3
Support for exogenous shocks."
50. Section 68 is replaced by the following text:
“Article 68
1. The parties recognize that macroeconomic instability following exogenous shocks can be detrimental to the development of ACP States and jeopardize the achievement of their objectives. An additional support system is established in the multi-year financial framework for cooperation under this Agreement to mitigate the short-term negative effects of exogenous shocks, including effects on export revenues.
2. The aim of this support is to preserve socio-economic reforms and policies that may be affected by a decline in income and to address the short-term negative effects of such shocks.
3. The extreme dependence of ACP economies on exports, including those of the agricultural and mining sectors, is considered in the allocation of resources. In this context, the least developed, landlocked, island and post-conflict and post-natural disaster countries benefit from more favourable treatment.
4. Additional resources are made available in accordance with the specific terms and conditions of the support system set out in Appendix II on funding modalities.
5. The Community will also support commercial insurance schemes designed for ACP States that seek to protect themselves against the short-term effects of exogenous shocks. "
51. In Part II, Part 4, the title of Chapter 6 is replaced by the following:
"Chapter 6:
Humanitarian aid, emergency assistance and post-emergency assistance."
52. Section 72 is replaced by the following text:
“Article 72
General principles
1. Humanitarian assistance, emergency assistance and post-emergency assistance are provided in crisis situations. Humanitarian aid and emergency assistance are designed to save and preserve life and to prevent and alleviate human suffering where needs are felt. Post-emergency assistance aims to rehabilitate and ensure the transition from emergency relief to long-term development programs.
2. Crisis situations, including long-term structural instability or fragility, are situations that threaten public order or the safety and security of persons, which are likely to degenerate into an armed conflict or threaten to destabilize the country. Crisis situations can also result from natural disasters or crises of human origin such as wars or other conflicts or extraordinary circumstances that have comparable effects, inter alia, related to climate change, environmental degradation, access to energy and natural resources or extreme poverty.
3. Humanitarian assistance, emergency assistance and post-emergency assistance are maintained as long as necessary to meet the needs of victims, thus ensuring the transition between emergency relief, rehabilitation and development.
4. Humanitarian assistance is exclusively given in accordance with the needs and interests of the victims of the crisis situation, in accordance with the principles of international humanitarian law and in consideration of humanity, neutrality, impartiality and independence. In particular, no distinction can be made between victims because of race, ethnic origin, religion, sex, age, nationality or political affiliation. Free access to victims and protection of victims must be guaranteed, as well as the safety of humanitarian personnel and equipment.
5. Humanitarian assistance, emergency assistance and post-emergency assistance are financed by the multi-year financial framework for cooperation under this Agreement, where such assistance cannot be financed by the Union budget. The implementation of humanitarian assistance, emergency assistance and post-emergency assistance is done in complementarity and coordination with the efforts of the Member States, according to best practices in the effectiveness of aid. "
53. The following item is inserted:
“Article 72 a
Objectives
1. Humanitarian assistance and emergency assistance are aimed at:
(a) safeguarding human lives in crisis and post-crisis situations;
(b) contribute to the financing and delivery of humanitarian assistance and to the direct access of its recipients to it, using all available logistical means;
(c) Implement short-term rehabilitation and reconstruction measures to enable affected population groups to benefit from a minimum level of socio-economic integration and to create, as soon as possible, the conditions for recovery of development on the basis of the long-term objectives set by the countries and the ACP regions concerned;
(d) meet the needs of the displacement of persons (refugees, internally displaced persons and returnees) as a result of natural or human-origin disasters, in order to meet, as long as necessary, all the needs of refugees and displaced persons (where they are located) and to facilitate action for their voluntary repatriation and reintegration in their countries of origin; and
e) assist the ACP State or the region in developing short-term prevention and preparedness mechanisms, including forecasting and early warning mechanisms, to mitigate the consequences of these disasters.
2. Assistance similar to those mentioned above may be granted to ACP States or regions hosting refugees or returnees in order to meet the urgent needs not provided by emergency assistance.
3. Post-emergency assistance is aimed at the material and social rehabilitation needed as a result of the crisis and can be implemented in order to ensure the transition between emergency relief and short-term rehabilitation with appropriate long-term development programmes funded by national, regional or intra-ACP indicative programmes. Such actions should facilitate the transition from the emergency phase to the development phase, promote the socio-economic reintegration of affected populations, eliminate, as far as possible, the causes of the crisis, as well as strengthen institutions and the appropriation by local and national actors of their role in formulating a sustainable development policy for the ACP country concerned.
4. Where appropriate, short-term preventive and preparedness mechanisms referred to in paragraph 1^er(e) are coordinated with similar existing mechanisms.
The establishment and strengthening of national, regional and all-ACP systems for disaster risk reduction and management must enable ACP States to improve their resilience to the impact of disasters. All activities in this area can be carried out in cooperation with international and regional organizations and programmes with proven experience in disaster risk reduction. "
54. Section 73 is replaced by the following text:
“Article 73
Implementation
1. Aid operations are undertaken either at the request of the ACP country or the region affected by the crisis situation, or at the initiative of the Commission or at the incentive of international organizations or non-governmental organizations.
2. The Community shall take appropriate measures to respond to immediate needs. Assistance is managed and implemented through procedures for rapid, flexible and efficient operations.
3. Given the objective of developing the assistance granted under this chapter, assistance may, on an exceptional basis, be implemented in parallel with the indicative programme at the request of the State or region concerned. "
55. Article 76, paragraph 1^er(d) is replaced by the following:
"(d) loans on the Bank's own resources and ease of investment, the terms and conditions of which are set out in Appendix II to this Agreement. Such loans can also be used to finance public investment in basic infrastructure. "
56. In section 95, paragraph 3, the first paragraph shall be replaced by the following text:
“3. No later than twelve months before the expiry of each five-year period, the Community and the Member States, on the one hand, and the ACP States, on the other hand, shall notify the other party of the provisions of this agreement, which they request revision for a possible amendment. Notwithstanding this deadline, where a party requests the revision of any provision of this Agreement, the other party shall have a period of two months to request the extension of this revision to other provisions that relate to those that have been the subject of the original application. "
57. In section 100, the second paragraph is replaced by the following text:
"This agreement in duplicate in German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic, is deposited in the archives of the General Secretariat of the Council of the European Union and the Secretariat of the States signatories "
C. ANNEXES
1. Annex II, as amended by Decision No. 1/2009 of the Council of Ministers ACP-EC of 29 May 2009 (2), is amended as follows:
(a) Article 1^er is replaced by the following:
“Article 1^er
1. Methods and conditions of financing for risk capital and loans financed by the ease of investment and the European Investment Bank on its own resources and special operations will be those defined in this chapter. These resources may be channelled to eligible businesses, either directly or indirectly through eligible investment funds and/or financial intermediaries.
2. The proposed benefits under this Schedule will be funded by the allocation of interest bonuses specified in Appendix 1b, paragraph 2 (c), of this Agreement.
3. Interest bonuses may be capitalized or used as grants. The amount of the interest bonus, expressed by its value on the date of payment of the loan, will be charged on the interest bonus allowance specified in Schedule 1b, paragraph 2 (c), and paid directly to the Bank. Up to 10% of this interest bonus allowance may also be used to support project-related technical assistance in ACP countries.
4. These terms and conditions are consistent without prejudice to the terms and conditions that may be imposed on ACP countries subject to restrictive borrowing conditions under the highly indebted poor countries ("HIPC") regime or other sustainability frameworks of the debt subject to international agreements. As a result, where these frameworks require a reduction in the interest rate of a loan of more than 3%, in accordance with the terms authorized under sections 2 and 4 of this chapter, the Bank seeks to reduce the average cost of credits through appropriate co-financing with other donors. If this was not considered possible, the interest rate of the loan may be reduced from the amount necessary to meet the level of the HIPC initiative or a new framework for the internationally approved debt sustainability. »;
(b) in Article 2, paragraphs 7 and 8 are replaced by the following text:
« 7. Regular loans in countries not subject to restrictive borrowing conditions under the HIPC regime or other international debt sustainability frameworks may be granted on liberal terms in the following cases:
(a) for infrastructure projects essential to the development of the private sector in the least developed countries or in post-conflict countries and in countries in post-natural disaster situations. In these cases, the interest rate of the loan will be reduced to 3%;
b) for projects that involve restructuring operations in the context of privatization or projects with substantial and clearly demonstrable social or environmental benefits. In these cases, loans may be matched with interest bonuses, the amount and form of which are decided according to the particularities of the project. However, the reduction in interest rates will not exceed 3%.
The final interest rate of loans under (a) or (b) is in no way less than 50% of the reference rate.
8. The funds required for these enhancements will be deducted from the interest bonus allocation specified in Appendix Ib, paragraph 2, point (c), of this Agreement. »;
(c) in section 4, paragraph 2 is replaced by the following text:
“2. The Bank's loans on its own resources include the following terms and conditions:
(a) the reference interest rate is that applied by the Bank for a loan under the same terms and conditions of currency and duration of reimbursement on the day the contract was signed or on the date of payment;
(b) However, for countries that are not subject to restrictive debt conditions under the HIPC regime or other international debt sustainability frameworks:
(i) public sector projects are, in principle, benefited from an interest bonus of up to 3%;
(ii) private sector projects under the categories specified in section 2, paragraph 7, paragraph (b), may be eligible for benefits under the terms and conditions specified therein.
The final interest rate is in no case less than 50% of the reference rate;
(c) The Bank ' s loans on its own resources are provided with time-limits based on the economic and financial characteristics of the project. These loans normally include a grace period fixed on the basis of the duration of construction of the project. "
2. Appendix III is amended to read:
(a) Article 1^er(a) and (b) are replaced by the following:
"(a) strengthen and enhance the role of the Centre for Enterprise Development (CDE) in providing the private sector with the necessary assistance to promote private sector development in ACP countries and regions; and
(b) Strengthen and consolidate the role of the Technical Centre for Agricultural and Rural Cooperation (CTA) in developing the institutional capacities of ACPs, particularly information management to improve access to technologies so as to increase agricultural productivity, marketing, food security and rural development. »;
(b) Item 2 is replaced by the following text:
“Article 2
CDE
1. The CDE promotes a business environment conducive to private sector development and supports the implementation of private sector development strategies in ACP countries by providing non-financial services, including advisory services, ACP companies and businesses, as well as joint initiatives by the Community's and ACP States' economic operators. In this regard, due consideration should be given to the needs arising from the implementation of the economic partnership agreements.
2. CDE aims to help private ACP companies increase their competitiveness in all economic sectors. Its purpose is to:
(a) facilitate and encourage business partnerships between ACP and EU companies;
(b) contribute to the development of business support services by supporting capacity-building in private sector organizations or by supporting technical, professional, commercial, management or training service providers;
(c) to support investment promotion activities, including through investment promotion agencies, the organization of investment conferences, training programmes, strategy workshops and monitoring missions to promote investment;
(d) support initiatives that contribute to the innovation and transfer of technology and know-how and the promotion of best practices in all areas of business management;
(e) inform the private sector of ACP States of the provisions contained in this Agreement; and
(f) to provide information to European companies and private sector organizations on opportunities and conditions for enterprises in ACP States.
3. The CDE also contributes to improving the business environment at the national and regional levels to encourage businesses to benefit from the progress of regional integration processes and the opening of trade. The activities of the CDE include:
(a) to assist companies in meeting new or existing standards of quality or of any type introduced by the progress of regional integration and the implementation of economic partnership agreements;
(b) To disseminate, within the local private sector in ACP States, information on the quality of products and standards required in the external markets;
(c) to promote regional and national reforms of the business environment, including by facilitating dialogue between the private sector and public institutions; and
(d) Strengthen the role and function of national and/or regional service providers.
4. CDE activities are based on the concept of coordination, complementarity and added value in any private sector development initiative undertaken by public or private entities. In particular, its activities are consistent with the national and regional development strategies defined in Part 3 of this Agreement. CDE demonstrates selectivity in the choice of its tasks and ensures its financial sustainability. It ensures an appropriate division of labour between its headquarters and regional offices.
5. The activities carried out by the CDE are subject to periodic evaluation.
6. The Committee of Ambassadors is the guardianship authority of the Centre. Following the signing of this Agreement, the Committee shall:
(a) establish the statutes of the Centre;
(b) appoint the members of the board of directors;
(c) appoint the Centre's management team, on the proposal of the Board of Directors; and
(d) monitors the implementation of the Centre's overall strategy and oversees the work of the Board of Directors.
7. In accordance with the statutes of the Centre, the Board of Directors shall:
(a) establish the financial regulations, the personnel regime and the operating rules of the centre;
(b) oversee the activities of the Centre;
(c) adopt the programme and budget of the Centre;
(d) submit periodic reports and assessments to the guardianship authority; and
(e) perform any other tasks assigned to it by the statutes of the Centre.
8. The budget of the Centre shall be financed in accordance with the rules of the present Agreement on Cooperation for Financing for Development. »;
(c) Article 3 is replaced by the following text:
“Article 3
CTA
1. The Centre's mission is to strengthen the policy and development of institutional capacity as well as the information management and communication capacities of ACP's agricultural and rural development organizations in order to help them formulate and implement policies and programmes to reduce poverty, promote sustainable food security, and preserve natural resources, and thus contribute to enhancing the autonomy of ACP States in the field of rural and agricultural development.
2. The CTA aims to:
(a) develop and provide information services and provide better access to research, training and innovations in the areas of agricultural and rural development and extension in order to promote agriculture and rural development;
(b) Developing and strengthening the capacities of ACPs in such a way as to:
(i) better formulate and manage policies and strategies for agricultural and rural development at the national and regional levels, including improved data collection, policy research, analysis and formulation capacity;
(ii) Improve information and communications management, including within their national agricultural strategy;
(iii) promote effective intra-institutional information and communications management to monitor measures, as well as consortia with regional and international partners;
(iv) promote decentralized information and communications management at the local and national levels;
(v) Strengthen initiatives through regional cooperation; and
(vi) develop methods for assessing the impact of the policy on agricultural development.
3. The Centre supports regional initiatives and networks and gradually distributes capacity development programmes with relevant ACP organizations. To this end, the Centre supports decentralized information networks existing at the regional level. These will be implemented progressively and effectively.
4. Activities carried out by the CTA are subject to periodic evaluation.
5. The Committee of Ambassadors is the guardianship authority of the Centre. Following the signing of this Agreement, the Committee shall:
(a) establish the statutes of the Centre;
(b) appoint the members of the board of directors;
(c) appoint the Centre's management team, on the proposal of the Board of Directors; and
(d) monitors the implementation of the Centre's overall strategy and oversees the work of the Board of Directors.
6. In accordance with the statutes of the Centre, the Board of Directors shall:
(a) establish the financial regulations, the personnel regime and the operating rules of the centre;
(b) oversee the activities of the Centre;
(c) adopt the programme and budget of the Centre;
(d) submit periodic reports and assessments to the guardianship authority; and
(e) perform any other tasks assigned to it by the statutes of the Centre.
7. The budget of the Centre shall be financed in accordance with the rules of the present Agreement on Cooperation for Financing for Development. "
3. Annex IV, as amended by Decision No. 3/2008 of the Council of Ministers ACP-EC of 15 December 2008 (3), is amended as follows:
(a) Articles 1^er, 2 and 3 are replaced by the following text:
“Article 1^er
Funded actions under this Agreement must be programmed at the beginning of the period covered by the multi-year financial framework for cooperation.
Programming will be based on the principles of ownership, alignment, coordination and alignment between donors, results-based management in development and mutual accountability.
For this purpose, "programming" means:
(a) the preparation and development of strategy documents (DS) by country, regional or intra-ACP based on their own medium-term development objectives and strategies, and taking into account the principles of joint programming and distribution of work among donors, which should, to the extent possible, be a partner country or a regional process;
(b) a clear indication by the Community of the indicative programmable financial envelope available to the country, region or intra-CPA during the period covered by the multi-year financial framework for cooperation under this Agreement, as well as any other useful information, including any provision for unforeseen needs;
(c) the preparation and adoption of an indicative programme to implement the strategy paper, taking into account the commitments of other donors and, in particular, those of EU member States; and
(d) a review process involving the DSP, the indicative programme and the volume of resources allocated to it.
Article 2
Country strategy paper
The country strategy document (DSP) is prepared by the concerned ACP State and the EU. It relies on preliminary consultations with a wide range of actors, including non-state actors, local authorities and, where appropriate, ACP parliaments, as well as on experience and best practices. Each DSP must be adapted to the needs and respond to the specific situation of the ACP State concerned. The DSP is an instrument that must be used to define priority actions and to strengthen the ownership of cooperation programs. Any discrepancy between the analysis of the country and that of the Community is noted. The DSP includes the following standard elements:
(a) an analysis of the political, economic, social and environmental context of the country, constraints, capacities and prospects, including an assessment of essential needs based on per capita income, the importance of the population, social indicators and vulnerability;
(b) a detailed description of the country ' s medium-term development strategy, clearly defined priorities and planned funding needs;
(c) a description of the plans and actions of other donors present in the country, including those of EU Member States as bilateral donors;
(d) response strategies, detailing the specific contribution that the EU can make, and allowing, to the extent possible, complementarity with the operations financed by the ACP State itself and other donors present in the country; and
(e) an indication of the most appropriate support and implementation mechanisms of the above-mentioned strategies.
Article 3
Resource allocation
1. The allocation of indicative resources between ACP countries is based on standard, objective and transparent needs and performance criteria. In this context:
(a) needs are assessed on the basis of per capita income criteria, population size, social indicators, debt levels and vulnerability to exogenous shocks. Special treatment is given to the least developed ACP States and the vulnerability of landlocked or island ACP countries is duly taken into account. Moreover, the special difficulties of countries emerging from conflict and natural disasters are taken into account;
(b) performance is assessed objectively and transparently on the basis of criteria for governance, the state of progress in the implementation of institutional reforms, the country's performance in resource use, the effective implementation of ongoing operations, the mitigation or reduction of poverty, progress towards the achievement of the Millennium Development Goals, sustainable development measures and performance in macroeconomic and sectoral policy.
2. The resources allocated are:
a) a programmable envelope for macroeconomic support, sectoral policies, programmes and projects in support of areas of concentration or non-community assistance. This programmable envelope facilitates the long-term programming of community assistance for the country concerned. This envelope and other potential resources of the Community are the basis for the preparation of the indicative programme of the country concerned; and
(b) an allowance to cover unforeseen needs such as those referred to in sections 66 and 68, as well as sections 72, 72 a and 73 of this Agreement and accessible to the conditions provided for in these sections, where such assistance cannot be financed from the Union budget.
3. A system will be put in place on the basis of the provision for unforeseen needs for countries that, due to exceptional circumstances, cannot have access to normal programmable resources.
4. Without prejudice to the provisions of Article 5, paragraph 7, of this Annex concerning re-examinations, the Community may increase the programmable envelope of the country concerned or its allocation for unforeseen needs, taking into account new needs or exceptional performance:
(a) new needs refer to needs that may result from exceptional circumstances, such as crisis and post-crisis situations or unforeseen needs referred to in paragraph 2, item (b);
(b) exceptional performance refers to a situation in which, apart from the mid-term and end-of-way review, a country's programmable envelope is fully engaged and additional funding from the national indicative programme can be absorbed on the basis of effective policies to combat poverty and sound financial management. »;
(b) in Article 4, paragraphs 1^er to 4 are replaced by the following text:
“1. As soon as it has received the information mentioned above, each ACP State shall prepare and submit to the Community a draft indicative programme, based on its development objectives and priorities and in accordance with them, as defined in the DSP. The draft indicative programme indicates:
(a) general budgetary support and/or a limited number of sectors or areas on which assistance should be concentrated;
(b) the most appropriate measures and actions for the achievement of objectives and targets in the areas or areas of concentration of aid;
(c) any resources reserved for a limited number of programs and projects outside the focus area(s) and/or broad lines of such actions, as well as the indication of the resources to be allocated to each of these elements;
(d) the identification of types of non-state actors eligible for funding in accordance with the criteria established by the Council of Ministers, the resources allocated to them and the type of activities to be supported, which must be of a non-profit nature;
(e) proposals for possible participation in regional programmes and projects; and
(f) a possible provision for insurance against potential claims and to cover cost overruns and unforeseen expenses.
2. The draft indicative programme includes, where appropriate, the resources allocated to the human, material and institutional capacity-building of ACP States, necessary for the preparation and implementation of national indicative programmes, the possible participation in programmes and projects financed by the regional indicative programmes, and the improvement of the management of the cycle of public investment projects of ACP States.
3. The draft indicative programme is the subject of an exchange of views between the ACP State concerned and the Community. It was adopted jointly by the Commission on behalf of the Community and the ACP State concerned. It engages both the Community and the State concerned when it is adopted. This indicative programme is attached to the DSP and includes:
(a) an indication of specific and clearly identified operations, particularly those that may be initiated prior to the next review;
(b) an indicative schedule for the implementation and review of the indicative programme, including commitments and disbursements; and
(c) results-oriented criteria for reviews.
4. The Community and the ACP State concerned shall take all necessary measures to ensure that the programming process is completed as soon as possible and, except in exceptional circumstances, within twelve months of the adoption of the multi-year financial framework for cooperation. In this context, the preparation of the DSP and the indicative program must be part of an ongoing process leading to the adoption of a single document. »;
(c) section 5 is amended to read:
(i) Paragraph 2 is replaced by the following:
“2. In exceptional circumstances referred to in Article 3, paragraph 4, an ad hoc review may be conducted at the request of either party to take into account the new needs or exceptional performance. »;
(ii) in paragraph 4, the introductory language shall be replaced by the following:
“4. The annual mid-term and end-of-range operational reviews of the indicative programme consist of a joint evaluation of the implementation of the programme and take into account the results of the related monitoring and evaluation activities. These reviews are carried out locally and must be finalized by the National Coordinator and the Commission in consultation with relevant stakeholders, including local authorities and non-state actors and, where appropriate, the ACP parliaments. They include an evaluation: ";
(iii) Paragraphs 5, 6 and 7 are replaced by the following text:
« 5. The Commission submits an annual report to the Development Financing Cooperation Committee on the findings of the annual operational review. The committee shall examine this report in the context of its competence and responsibilities under this Agreement.
6. On the basis of these annual operational reviews, the National Coordinator and the Commission may, on the occasion of mid-term and end-of-way reviews, review and adapt the DSP:
(a) where operational reviews reveal specific problems; and/or
(b) on the basis of an evolution of the situation in an ACP State.
An amendment to the DSP may also be decided in the context of the ad hoc review referred to in paragraph 2.
The final review may also provide for adaptations to the new multi-year financial framework for cooperation, with respect to both the allocation of resources and the preparation of the following programme.
7. After conducting the mid-term and end-of-way reviews, the Commission, on behalf of the Community, can increase or reduce the staffing of a country in view of the current needs and performance of the ACP State concerned.
Following an ad hoc review under paragraph 2, the Commission, on behalf of the Community, may also increase the staffing of a country in view of the new needs or exceptional performance of the ACP State concerned, as provided for in Article 3, paragraph 4. »;
(d) Article 6 is amended to read:
(i) the title is replaced by the following:
"Domain";
(ii) The following paragraphs shall be inserted:
“3. Requests for regional programme funding are presented by:
(a) a duly mandated regional organization or organization; or
(b) a duly mandated subregional organization or agency or ACP state in the region concerned at the programming stage, provided the action has been identified within the framework of the regional indicative programme (IRP).
4. The participation of other non-ACP developing countries is only considered when:
(a) The centre of gravity of projects and programmes funded by the multi-year financial framework is in a ACP country;
(b) equivalent provisions are provided by community financial instruments; and
(c) The principle of proportionality is respected. »;
(d) Articles 7, 8 and 9 are replaced by the following:
“Article 7
Regional programmes
The definition of geographical regions will be decided by the ACP States concerned. To the extent possible, regional integration programs should be consistent with the programs of a regional organization. In principle, in the event of multiple membership or overlap, the region for the purposes of the definition of the regional integration programme should correspond to the combined membership of the relevant regional organizations.
Article 8
Regional programming
1. The programming will take place at the regional level. The programming results from an exchange of views between the Commission and the relevant regional organization or organizations, duly mandated or, in the absence of such a mandate, the national ordinances of the region. Depending on the case, programming may include consultation with non-state actors represented at the regional level and, where appropriate, regional parliaments.
2. The regional strategy paper (SRD) is prepared by the Commission and the organization or regional organizations duly mandated in collaboration with the ACP States in the region concerned, on the basis of the principle of subsidiarity and complementarity, taking into account the programming of the SPD.
3. The SCA is an instrument that must give priority to certain actions and strengthen the ownership of programs supported. The SCA includes the following standard elements:
(a) an analysis of the political, economic, social and environmental context of the region;
(b) an assessment of the process and prospects for regional economic integration and integration into the global economy;
(c) a description of continued regional strategies and priorities and funding requirements;
(d) a description of the important actions of other external partners of regional cooperation;
(e) a description of the specific contribution of the EU to the achievement of the objectives of regional integration, complementing, to the extent possible, operations financed by the ACP States themselves and other external partners, including the EU member States; and
(f) an indication of the most appropriate support and implementation mechanisms of the above-mentioned strategies.
Article 9
Resource allocation
1. The allocation of indicative resources between ACP regions is based on an estimate of the standard, objective and transparent needs and on the progress and prospects of regional cooperation and integration.
2. The resources allocated consist of two elements:
(a) a programmable envelope to support regional integration, sectoral policies, programmes and projects in support of areas of concentration or non-community assistance; and
(b) an allocation for each ACP region to cover unforeseen needs such as those referred to in articles 72, 72 a and 73 of this Agreement, for which, given their nature and/or cross-border scope, support may be more effectively provided at the regional level. These funds are available under the conditions set out in Articles 72, 72 a and 73 of this Agreement when such assistance cannot be financed from the Union budget. The complementarity between the interventions provided under this allocation and possible country-level interventions is ensured.
3. The programmable envelope facilitates the long-term programming of community assistance for the region concerned. In order to achieve an appropriate dimension and to enhance efficiency, regional and national funds can be combined to fund regional actions with a separate national component.
A regional envelope for unforeseen needs can be made for the benefit of the region concerned and ACP countries outside the region where the nature of unforeseen needs requires intervention and where the centre of gravity of the projects and programmes envisaged is located in the region concerned.
4. Without prejudice to the provisions of Article 11 concerning reviews, the Community may increase the programmable envelope or envelope for the unforeseen needs of the region concerned in order to take into account new needs or exceptional performance:
(a) new requirements refer to requirements that may result from exceptional circumstances, such as crisis and post-crisis situations or the unforeseen requirements referred to in paragraph 2, item (b);
b) exceptional performance refers to a situation in which, apart from the mid-term and end-of-way review, the programmable envelope of a region is fully engaged and additional funding of the regional indicative programme can be absorbed on the basis of effective regional integration policies and sound financial management. »;
(f) in section 10, paragraph 2 is replaced by the following text:
“2. The regional indicative programmes are mutually agreed upon by the Community and the duly mandated regional organizations or, in the absence of a mandate, by the relevant ACP States. »;
(g) in Article 11, the existing paragraph is numbered and the following paragraph is inserted:
“2. In the exceptional circumstances referred to in section 9, paragraph 4, to take into account new needs or exceptional performance, the review may be conducted at the request of either party. Following an ad hoc review, an amendment to the DSP may be decided by both parties and/or the staffing may be increased by the Commission on behalf of the Community.
The final review may also provide for adaptations to the new multi-year financial framework for cooperation, with respect to both the allocation of resources and the preparation of the following programme. »;
(h) Article 12 is replaced by the following text:
“Article 12
Intra-ACP cooperation
1. Intra-ACP cooperation, as a development instrument, contributes to the achievement of the objectives of the ACP-EC partnership. Intra-ACP cooperation is supraregional cooperation. It aims to meet the common challenges faced by ACP States through operations that transcend geographical belonging and benefit many ACP States or all of them.
2. In accordance with the principles of subsidiarity and complementarity, an intra-ACP intervention is considered when action at the national and/or regional level is not possible or less effective, in order to add value to operations implemented with other instruments of cooperation.
3. When the ACP group decides to contribute on intra-ACP funds to international or interregional initiatives, the visibility of this contribution must be ensured. »;
(i) The following articles are inserted:
“Article 12 a
Intra-ACP Strategy Paper
1. The programming of intra-ACP cooperation is the result of an exchange of views between the Commission and the ACP Committee of Ambassadors. It is prepared jointly by the Commission and the ACP Secretariat, after consultation with appropriate stakeholders and stakeholders.
2. The intra-ACP strategy paper defines the priority actions of intra-ACP cooperation and the necessary measures to strengthen ownership of supported programs. It includes:
(a) an analysis of the political, economic, social and environmental context of the ACP group of States;
(b) an analysis of intra-ACP cooperation in its contribution to the achievement of the objectives of this Agreement and lessons learned from past actions;
(c) a description of the intra-CPA strategy, objectives and funding requirements;
(d) a description of the relevant activities of other external partners of cooperation; and
e) an indication of the EU's contribution to the achievement of the objectives of intra-ACP cooperation and its complementarity with operations financed at the national and regional levels and other external partners, in particular the EU member states.
Article 12 (b)
Financing requests
Requests for intra-CPA funding are presented:
(a) directly by the ACP Council of Ministers or the ACP Committee of Ambassadors; or
(b) indirectly by:
(i) at least three duly mandated regional organizations or organizations from different geographical regions, or at least two ACP States from each of these three regions;
(ii) international organizations, such as the African Union, carrying out actions that contribute to the objectives of regional cooperation and integration, subject to the prior approval of the ACP Committee of Ambassadors; or
(iii) the Caribbean or Pacific regions, taking into account their particular geographical location, subject to prior approval by the ACP Council of Ministers or the ACP Committee of Ambassadors.
Article 12 (c)
Resource allocation
The allocation of indicative resources is based on an estimation of needs and on the progress and prospects of intra-ACP cooperation. This allocation includes an unscheduled pool of funds. »;
(j) Articles 13 and 14 are replaced by the following:
“Article 13
Indicative intra-ACP programme
1. The indicative intra-ACP program includes the following main standard elements:
(a) areas and themes for concentration of community assistance;
(b) the most appropriate measures and actions to achieve the objectives set for the areas and themes of concentration; and
(c) the programmes and projects necessary to achieve the objectives identified, to the extent that they have been clearly identified, as well as an indication of the resources to be allocated to each of them and a timetable for implementation.
2. The Commission and the ACP Secretariat identify and evaluate relevant actions. On this basis, the ACP indicative programme is prepared jointly by the Commission and the ACP Secretariat and presented to the ACP-EC Committee of Ambassadors. It was adopted by the Commission on behalf of the Community and the ACP Committee of Ambassadors.
3. Without prejudice to Article 12 (b, item (iii), the ACP Ambassadors Committee submits annually a consolidated list of requests for funding of priority actions in the indicative intra-ACP programme. The Commission identifies and prepares related actions with the ACP Secretariat as well as an annual programme of action. To the extent possible and taking into account the resources allocated, requests for funding actions not included in the indicative intra-ACP program are included in the annual action programme. In exceptional cases, these requests are adopted by a special funding decision of the Commission.
Article 14
Review procedure
1. Intra-ACP cooperation must be sufficiently flexible and responsive to ensure consistency of its actions with the objectives of this Agreement and to take into account any change in the priorities and objectives of the ACP group of States.
2. The ACP Committee of Ambassadors and the Commission conduct a mid-term review and an end-of-range review of the cooperation strategy and the indicative intra-ACP programme in order to adapt them to the circumstances and ensure their proper implementation. If circumstances so require, ad hoc reviews may also be conducted to take into account new needs arising from exceptional or unforeseen situations such as those resulting from new challenges common to ACP States.
3. The ACP Committee of Ambassadors and the Commission may, on the occasion of mid-term or end-of-way reviews, or following an ad hoc review, review and adapt the strategy document for intra-ACP cooperation.
4. Following the mid-term and end-of-way reviews, or ad hoc reviews, the ACP Committee of Ambassadors and the Commission can adjust the staffing within the indicative intra-ACP programme and mobilize the unscheduled intra-APC reserve. »;
(k) section 15 is amended to read:
(i) Paragraph 1^er is replaced by the following:
“1. The programmes and projects that have been submitted by the ACP State concerned or the relevant organization or agency at the regional or intra-ACP level are subject to a joint evaluation. The guiding principles and general criteria to be followed for the instruction of programmes and projects are developed by the ACP-EC Co-operation Committee on Financing for Development. These programs and projects are generally multi-year and may include limited stock sets in a particular area. »;
(ii) Paragraph 3 shall be replaced by the following:
“3. The training of programmes and projects takes due account of national human resources constraints and ensures a strategy to enhance these resources. It also takes into account the specific characteristics and constraints of each ACP State or region. »;
(iii) in paragraph 4, the words "National Coordinator" are replaced by the words "Relevant Coordinator";
(l) in the entire wording of Article 16, the words "the ACP State concerned" are replaced by the words "the ACP State concerned or the relevant organization or agency at the regional or intra-ACP level";
(m) Item 17 is replaced by the following text:
“Article 17
Financing Convention
1. In principle, the programs and projects funded by the multi-year financial framework for cooperation give rise to a funding agreement between the Commission and the ACP State or the relevant organization or agency at the regional or intra-ACP level.
2. The funding agreement is established within sixty days of the submission of the funding decision of the Commission. The funding agreement:
(a) specify, inter alia, the Community ' s financial contribution, terms and conditions of funding, as well as the general and specific provisions relating to the programme or project concerned, including expected outputs and results; and
(b) Appropriate funding to cover cost increases, unforeseen expenditures, audits and evaluations.
3. Any linkage found at the close of programs and projects during the period of commitments of the multi-year financial framework for cooperation from which programmes and projects have been funded is to the ACP State or the relevant organization or agency at the regional or intra-ACP level. »;
(n) in the entire wording of section 18, the words "the national coordinator" are replaced by the words "the relevant coordinator";
(o) section 19 is amended to read:
(i) in paragraph 1, the words "ACP States" are replaced by the words "ACP States or the relevant organization or organization at the regional or intra-ACP level";
(ii) in paragraph 3, the words "an ACP State" are replaced by the words "an ACP State or an organization or agency relevant at the regional or intra-ACP level";
(p) in section 19 (a)^er is amended to read:
(i) the introductory language is replaced by the following:
“1. The delivery of programs and projects funded under the multi-year financial framework for cooperation under this Agreement is mainly through the following means:"
(ii) item (d) is replaced by the following:
"(d) direct disbursements in the context of budgetary support, sector-specific support for debt relief and support to mitigate the negative effects of short-term exogenous shocks, including fluctuations in export revenues. »;
(q) in Article 19 (b), the words "ACP States" are replaced by the words "ACP States or the relevant organization or organization at the regional or intra-ACP level";
(r) Items 19 (c) and 20 are replaced by the following:
« Article 19 c
Contracts, grants and contract execution
1. Subject to Article 26, contracts and grants are passed and awarded according to the Community rules and, except in the specific cases provided for by these rules, according to the standard procedures and documents defined and published by the Commission for the implementation of cooperative actions with third countries and in force at the time the procedure in question is initiated.
2. In decentralized management, where a joint assessment shows that the procedures for contracting and awarding grants in the ACP State or the beneficiary region or that the procedures approved by donors are in accordance with the principles of transparency, proportionality, equal treatment and non-discrimination and exclude any conflict of interest, the Commission uses these procedures, in accordance with the Paris Declaration and without prejudice to Article 26,
3. The ACP State or the relevant organization or agency at the regional or intra-ACP level undertakes to regularly verify that the operations financed by the multi-year financial framework for cooperation under this Agreement have been carried out correctly, to take measures to prevent irregularities and frauds and to prosecute, where appropriate, in order to recover the unduly paid funds.
4. In decentralized management, contracts are negotiated, concluded, signed and executed by ACP States or the relevant organization or agency at the regional or intra-ACP level. These States or the relevant organization or agency at the regional or intra-ACP level may nevertheless request the Commission to negotiate, conclude, sign and execute contracts on their behalf.
5. In accordance with the commitment referred to in Article 50 of this Agreement, contracts and grants financed by the resources of the multi-year financial framework for cooperation with ACP States are carried out in accordance with the internationally recognized basic standards of labour law.
6. A group of experts composed of representatives of the Secretariat of the ACP Group of States and the Commission is established to identify, at the request of either party, desirable adaptations and to suggest amendments and improvements to the rules and procedures referred to in paragraphs 1^er and 2.
In addition, this group of experts submits a periodic report to the ACP-EC Committee for Cooperation in Financing for Development to assist it in its mission to examine issues related to the implementation of development cooperation activities and to propose appropriate measures.
Rule 20
Eligibility
Except in the event of an exemption granted in accordance with Article 22 and without prejudice to the provisions of Article 26:
1. Participation in procurement or grant procedures funded under the multi-year financial framework for cooperation under this Agreement shall be open:
(a) any natural or legal person established in an ACP State, a Member State of the European Community or an official candidate country of the European Community or a Member State of the European Economic Area;
(b) any natural or legal person established in one of the least developed countries, as defined by the United Nations.
1 a. Participation in procurement or grant procedures funded under the multi-year financial framework for cooperation under this Agreement shall be open to all natural or legal persons who are nationals or established in a country other than those referred to in paragraph 1^erwhere mutual access to external assistance has been established. Reciprocal access in the least developed countries, as defined by the United Nations, is automatically granted to OECD/DAC members.
Reciprocal access is determined by a specific decision of the Commission concerning a given country or a particular regional group of countries. The decision was adopted by the Commission in agreement with ACP States and remained in force at least one year.
2. Services under a contract funded by the multi-year financial framework for cooperation under this Agreement may be provided by experts of any nationality, without prejudice to the qualitative and financial conditions set out in the Community's procurement rules.
3. All supplies and materials acquired under a resource-funded contract under the multi-year financial framework for cooperation under this Agreement shall be originated from a qualifying State within the meaning of paragraphs 1^er or 1^er a. In this context, the definition of "originating products" is evaluated in relation to international agreements in this field and it is also necessary to consider products originating from the countries, territories and overseas departments as products of the Community.
4. Participation in procurement procedures and resource-funded grants procedures under this Agreement is open to international organizations.
5. When funding covers an operation implemented through an international organization, participation in procurement procedures and grant procedures is open to any natural and legal person who is eligible under paragraphs 1 or 1 a and to any natural and legal person who is eligible under the regulations of that organization, ensuring equal treatment for all donors. The same rules apply to supplies and materials.
6. When funding covers an operation implemented under a regional initiative, participation in procurement procedures and grant procedures is open to any natural and legal person who is eligible under paragraphs 1^er or 1^er a and to any natural and legal person of a State participating in the initiative concerned. The same rules apply to supplies and materials.
7. When funding covers a co-funded operation with a third State, participation in procurement procedures and grant procedures is open to any natural and legal person eligible under paragraphs 1 or 1 a and to any natural and legal person eligible under the rules of that third State. The same rules apply to supplies and materials. »;
(s) section 21 is deleted (4);
(t) in article 22, paragraph 1^er is replaced by the following:
“1. In exceptional cases duly justified, natural or legal persons of non-eligible third countries under Article 20 may be allowed to participate in the procurement and grant procedures financed by the multi-year financial framework for cooperation under this Agreement, upon justified request of the ACP State or the relevant organization or agency at the regional or intra-ACP level. The ACP State or the relevant organization or agency at the regional or intra-ACP level shall provide the Commission, for each case, with the information necessary to make a decision on these exemptions by paying particular attention:
(a) the geographical location of the ACP State or the region concerned;
(b) the competitiveness of contractors, suppliers and consultants from member States and ACP States;
(c) the need to avoid an excessive increase in the cost of contract execution;
(d) Transport difficulties and delays due to delivery times or other similar problems;
(e) the most appropriate and appropriate technology for local conditions;
(f) Imperial emergencies;
(g) availability of products and services in the relevant markets. »;
(u) Articles 23 and 25 are deleted (5);
(v) to article 26, paragraph 1^erthe introductory language is replaced by the following:
“1. Measures to promote the widest possible participation of natural and legal persons of ACP States in the execution of markets financed by the multi-year financial framework for cooperation under this Agreement shall be taken to enable the optimal use of the physical and human resources of these States. To this end:
sections 27, 28 and 29 are deleted (6);
(x) in section 30, the introductory language is replaced by the following:
"The settlement of disputes between the authorities of an ACP State or the relevant organization or agency at the regional or intra-ACP level and a contractor, supplier or service provider during the performance of a contract funded by the multi-year financial framework for cooperation under this Agreement shall be effected:"
(y) Articles 33 and 34 are replaced by the following:
“Article 33
Modalities
1. Injury of assessments by ACP States or the relevant organization or agency at the regional or intra-ACP level or by the Commission, this work is carried out jointly by the ACP State(s) or the relevant organization or agency at the regional or intra-ACP level and the Community. The ACP-EC Development Financing Cooperation Committee ensures the joint nature of follow-up and evaluation actions. In order to facilitate the task of the ACP-EC Committee for Cooperation in Financing for Development, the Commission and the ACP Secretariat prepare and implement joint follow-up and evaluation actions and report to the committee. The committee shall, at its first meeting after the signing of the agreement, decide on the terms and conditions of operation to ensure the joint nature of the actions and approve the work programme annually.
2. Monitoring and evaluation activities include:
(a) To conduct regular and independent monitoring and evaluation of operations and activities funded under the multi-year financial framework for cooperation under this Agreement, comparing results to objectives and, consequently,
(b) allow ACP States or the relevant organization or agency at the regional or intra-ACP level, the Commission and joint institutions to draw on lessons learned to design and implement future policies and actions.
Rule 34
The Commission
1. The Commission shall ensure the financial execution of operations on the resources of the multi-year financial framework for cooperation under this Agreement, excluding the ease of investment and the enhancement of interest, according to the following key management modes:
(a) Centrally;
(b) decentralized management.
2. As a general rule, the financial performance of the multi-year financial framework for cooperation under this agreement by the Commission is carried out in decentralized management.
In this case, the execution tasks are handled by ACP States in accordance with Article 35.
3. In order to ensure the financial execution of the resources of the multi-year financial framework for cooperation under this Agreement, the Commission shall delegate its enforcement powers within its services. The Commission shall inform ACP States and the ACP-EC Committee on Cooperation for Financing for Development of that delegation. »;
(z) section 35 is amended to read:
(i) in paragraph 1, the introductory language shall be replaced by the following:
“1. The public authorities of each ACP State shall designate a national donor to represent them in all activities financed from the multi-year financial framework for cooperation under this Agreement administered by the Commission and the Bank. The National Coordinator shall designate one or more alternate national ordering officers to replace him in the event that he or she is unable to exercise that function and shall inform the Commission of that suppleance. The National Coordinator may proceed whenever the conditions of institutional capacity and good financial management are met with a delegation of its responsibilities for the implementation of the programs and projects concerned to the responsible entity within its national administration. The Committee shall inform the Committee of the delegations to which it shall proceed.
In the case of regional programs and projects, the relevant organization or agency designates a regional donor whose functions correspond mutatis mutandis to those of the national donor.
In the case of intra-ACP programs and projects, the ACP Committee of Ambassadors designates an intra-ACP sponsor, whose functions correspond mutatis mutandis to those of the national coordinator. In the event that the ACP Secretariat is not the Coordinator, the Committee of Ambassadors is informed, in accordance with the funding agreement, of the implementation of the programs and projects.
When the Commission is aware of problems in the course of the resource management procedures of the multi-year financial framework for cooperation under this Agreement, it shall contact the National Coordinator with any useful contacts to remedy the situation and shall, where appropriate, adopt all appropriate measures.
The relevant officer assumes only the financial responsibility of the execution tasks entrusted to him.
Within the framework of the decentralized management of resources of the multi-year financial framework for cooperation under this Agreement and subject to the additional powers that may be granted by the Commission, the relevant Coordinator: "
(ii) in paragraph 2 the words "National Coordinator" are replaced by the words "Relevant Coordinator";
za) section 37 is amended to read:
(i) in paragraph 2, the words "ACP States" are replaced by the words "ACP States or the relevant organization or organization at the regional or intra-ACP level";
(ii) in paragraph 4, the words "the national coordinator" are replaced by the words "the relevant coordinator";
(iii) in paragraph 6, the words "National Coordinator" are replaced by the words "Relevant Coordinator";
(iv) in paragraph 7, the words "the State or the ACP States concerned" are replaced by the words "the ACP State concerned or the relevant organization or agency at the regional or intra-ACP level".
4. Appendix V, including its protocols, is deleted.
5. In Appendix VII, section 3, paragraph 4 is replaced by the following text:
“4. The parties recognize the role of the ACP group in political dialogue, in accordance with the modalities to be defined by that group and to communicate to the European Community and its member States. The ACP Secretariat and the European Commission shall exchange all necessary information on the political dialogue process conducted prior to, during and after the consultations under articles 96 and 97 of this Agreement. "
D. PROTOCOLES
Protocol 3 on South Africa, as amended by Decision No. 4/2007 of the ACP-EC Council of Ministers of 20 December 2007 (7), is amended as follows:
1. Article 1^er, paragraph 2, the words "signed to Pretoria on October 11, 1999" are replaced by the words "as amended by the agreement signed on September 11, 2009. "
2. Section 4 is amended to read:
(a) Paragraph 2 is replaced by the following:
“2. By derogation from this principle, however, South Africa has the right to participate in the cooperation for the financing of the ACP-EC development referred to in Article 8 of this Protocol, on the basis of the principles of reciprocity and proportionality, on the understanding that its participation is financed from the resources provided for under Part VII of the CCA. When CCADC resources are used for participation in operations under ACP-EC financial cooperation, South Africa has the right to participate fully in decision-making procedures governing the implementation of this assistance. »;
(b) The following paragraph shall be inserted:
“4. For the purpose of financing the investments set out in Appendix II, Chapter 1^erof this Agreement, the investment funds and financial and non-financial intermediaries established in South Africa are eligible. "
3. In section 5, paragraph 3 is replaced by the following text:
“3. This Protocol does not preclude South Africa from negotiating and signing one of the Economic Partnership Agreements (EAAs) provided for in Part 3, Part II, of this Agreement, if the other parties to this Agreement consent to it. "
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have affixed their signature at the bottom of this Agreement.
This Agreement is open for signature at Ouagadougou on 22 June 2010 and then on 1^er July 2010 to 31 October 2010 at the General Secretariat of the Council of the European Union in Brussels.

FINAL ACT
Plenipotentiaries
THE ROI OF BELGES,
DU PRESIDENT DE LA REPUBLIQUE DE BULGARIE,
DU PRESIDENT DE LA REPUBLIQUE TCHEQUE,
I'm sorry.
THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND,
OF THE CHAIRMAN OF THE HELLEN REPUBLIC,
THE SPANISH ROI,
OF THE PRESIDENT OF THE FRENCH REPUBLIC,
OF THE PRESIDENT OF THE
DU PRESIDENT DE LA REPUBLIQUE DE CHYPRE,
DU PRESIDENT DE LA REPUBLIQUE DE LETTONIE,
OF THE PRESIDENT OF THE REPUBLIC OF LITUANIA,
THE LUXEMBOURG GRAND-DUC,
DU PRESIDENT DE LA REPUBLIQUE DE HONGRIE,
DU PRESIDENT DE MALTE,
DE SA MAJESTE LA REINE DES PAYS-BAS,
DU PRESIDENT FEDERAL DE LA REPUBLIQUE D'AUTRICHE,
DU PRESIDENT DE LA REPUBLIQUE DE POLOGNE,
OF THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
DU PRESIDENT DE LA ROUMANIE,
OF THE PRESIDENT OF THE SLOVENIA REPUBLIC
OF THE PRESIDENT OF THE SLOVATIC REPUBLIC,
OF THE CHAIRMAN OF THE FINLAND REPUBLIC,
DU GUVERNEMENT DU ROYAUME DE SUEDE,
AND IRELAND OF THE NORD,
Contracting Parties to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, below referred to as "Member States",
and the EUROPEAN UNION, below referred to as "the Union" or "the EU",
on the one hand, and
Plenipotentiaries
THE PRESIDENT OF THE REPUBLIC OF ANGOLA,
AND BARBUDA,
OF THE COMMONWEALTH OF BAHAMAS,
THE BARBADE'S CHECK,
THE BELIZE REINE,
DU PRESIDENT DE LA REPUBLIQUE DU BENIN,
DU PRESIDENT DE LA REPUBLIQUE DU BOTSWANA,
DU PRESIDENT DU BURKINA FASO,
DU PRESIDENT DE LA REPUBLIQUE DU BURUNDI,
DU PRESIDENT DE LA REPUBLIQUE DU CAMEROUN,
DU PRESIDENT DE LA REPUBLIQUE DU CAP-VERT,
DU PRESIDENT DE LA REPUBLIQUE CENTRAFRICAINE,
THE PRESIDENT OF THE MEETING OF COMORES,
DU PRESIDENT DEMOCRACTIC REPUBLIQUE DU CONGO,
DU PRESIDENT DE LA REPUBLIQUE DU CONGO,
THE GOVERNMENT OF COOK ILES,
OF THE CHAIRMAN OF THE COTE REPUBLIC I'd love to.
DU PRESIDENT DE LA REPUBLIQUE DE DJIBOUTI,
OF THE COMMONWEALTH OF DOMINICA,
DU PRESIDENT DE LA REPUBLIQUE DOMINICAINE,
THE PRESIDENT OF THE EYTHREE ETAT,
OF THE PRESIDENT OF THE DEMOCRACY REPUBLIC AND EFDERAL OF ETHIOPIA,
OF THE CHAIRMAN OF THE REPUBLIC OF ILES FIDJI
OF THE PRESIDENT OF THE GABONAISE REPUBLIC
OF THE CHAIRPERSON AND TEAM OF THE GAMBIA REPUBLIC,
DU PRESIDENT DE LA REPUBLIQUE DU GHANA,
I'm sorry.
DU PRESIDENT DE LA REPUBLIQUE DE GUINEE,
DU PRESIDENT DE LA REPUBLIQUE DE LA GUINEE-BISSAU,
OF THE PRESIDENT OF THE COOPERATIVE REPUBLIC OF GUYANA,
THE PRESIDENT OF THE REPUBLIC OF HITI,
I'm sorry.
DU PRESIDENT DE LA REPUBLIQUE DU KENYA,
DU PRESIDENT DE LA REPUBLIQUE DE KIRIBATI,
OF HIS MAJEST THE ROYAL OF THE LESOTHO,
OF THE PRESIDENT OF THE REPUBLIC OF LIBERIA,
DU PRESIDENT DE LA REPUBLIQUE DE MADAGASCAR,
DU PRESIDENT DE LA REPUBLIQUE DU MALAWI,
DU PRESIDENT DE LA REPUBLIQUE DU MALI,
DU GUVERNEMENT DE LA REPUBLIQUE DES ILES MARSHALL,
OF THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA
THE PRESIDENT OF THE REPUBLIC OF THE MAURICE,
OF THE GOVERNMENT OF MICRONESIAN FEDERS,
DU PRESIDENT DE LA REPUBLIQUE DU MOZAMBIQUE,
DU PRESIDENT DE LA REPUBLIQUE DE NAMIBIE,
DU GUVERNEMENT DE LA REPUBLIQUE DE NAURU,
DU PRESIDENT DE LA REPUBLIQUE DU NIGER,
DU PRESIDENT DE LA REPUBLIQUE FEDERALE DU NIGERIA,
OF THE GOVERNMENT OF NIUE,
DU GUVERNEMENT DE LA REPUBLIQUE DE PALAU,
I'm sorry.
DU PRESIDENT DE LA REPUBLIQUE DU RWANDA,
I'm sorry.
I'm sorry.
AND GRENADINES,
OF THE STATE OF THE INDEPENDENT STATE OF SAMOA,
DU PRESIDENT DEMOCRACTIC REPUBLIQUE DE SAO TOME ET PRINCIPE,
DU PRESIDENT DE LA REPUBLIQUE DU SENEGAL,
DU PRESIDENT DE LA REPUBLIQUE DES SEYCHELLES,
DU PRESIDENT DE LA REPUBLIQUE DE SIERRA LEONE,
THE REINE OF SALOMON ILES,
DU PRESIDENT DE LA REPUBLIQUE D'AFRIQUE DU SUD,
DU PRESIDENT DE LA REPUBLIQUE DU SURINAME,
THE ROI OF SWAZILAND,
DU PRESIDENT DE LA REPUBLIQUE UNIE DE TANZANIE,
DU PRESIDENT DE LA REPUBLIQUE DU TCHAD,
OF THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF TIMOR-ORIENTAL,
DU PRESIDENT DE LA REPUBLIQUE TOGOLAISE,
I'm sorry.
DU PRESIDENT DE LA REPUBLIQUE DE TRINITE ET TOBAGO,
TUVALU REINE,
THE PRESIDENT OF THE REPUBLIC OF THE OGANDA,
DU GUVERNEMENT DE LA REPUBLIQUE DE VANUATU,
DU PRESIDENT DE LA REPUBLIQUE DE ZAMBIE,
DU GUVERNEMENT DE LA REPUBLIQUE DU ZIMBABWE,
of which States are referred to as "ACP States",
on the other hand,
Meeting in Ouagadougou on twenty-two June two thousand ten for the signing of the Agreement Amending, for the second time, the Partnership Agreement between the Members of the Group of African, Caribbean and Pacific States, on the one hand, and the European Community and its Member States, on the other hand, signed in Cotonou on 23 June 2000 and amended once in Luxembourg on 25 June 2005,
at the time of signing this Agreement adopted the following declarations, attached to this Final Act:
Statement I: Statement on Support for Access to Market under the ACP-EC Partnership;
Statement II: Joint Declaration on Migration and Development (art. 13);
Statement III: Declaration by the European Union on the institutional changes resulting from the entry into force of the Lisbon Treaty;
have also agreed that the following existing statements are, as a result of the deletion of Appendix V, obsolete:
Statement XXII: Joint Declaration on Agricultural Products referred to in Article 1^erParagraph 2, item (a), of Schedule V;
Statement XXIII: Joint Statement on Access to Market under the ACP-EC Partnership;
Statement XXIV: Joint statement on rice;
Statement XXV: Joint statement on rum;
Declaration XXVI: Joint Statement on Beef;
Declaration XXVII: Joint declaration on the regime of access to markets of overseas French departments of products originating from ACP States referred to in Article 1^erParagraph 2 of Schedule V;
Statement XXIX: Joint Statement on Products under Common Agricultural Policy;
Statement XXX: ACP Declaration on Article 1^er Appendix V;
Statement XXXI: Statement by the Community on Article 5, paragraph 2 (a), of Annex V;
Statement XXXII: Joint statement on non-discrimination;
Statement XXXIII: Community Declaration on Article 8, paragraph 3, of Annex V;
Statement XXXIV: Joint Statement on Annex V, Article 12;
Statement XXXV: Joint Statement on Annex V Protocol No. 1;
Statement XXXVI: Joint Statement on Annex V Protocol No. 1;
Statement XXXVII: Joint Statement on Annex V Protocol No. 1 on the Origin of Fisheries Products;
Statement XXXVIII: Community Declaration on Protocol No. 1 of Annex V on the Scope of Territorial Waters;
Statement XXXIX: ACP Declaration on Annex V Protocol No. 1 on the Origin of Fisheries Products;
XL Declaration: Joint Statement on the Application of the Value Tolerance Rule in the Tuna Sector;
Statement XLI: Joint Declaration on Article 6, paragraph 11, of Annex V Protocol No. 1;
XLII Declaration: Joint Statement on Rules of Origin: Combined with South Africa;
Declaration XLIII: Joint Statement on Annex 2 to Protocol No. 1 of Annex V.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have affixed their signature at the bottom of this Agreement.
This Agreement is open for signature at Ouagadougou on 22 June 2010 and then on 1^er July 2010 to 31 October 2010 at the General Secretariat of the Council of the European Union in Brussels.

DECLARATION I
JOINT DECLARATION RELATING TO THE APPROACH IN THE FRAMEWORK OF ACP-EC PARTNERSHIP
The parties recognize the important value of preferential market access conditions for ACP economies, in particular for the commodities and other sectors of agro-industry, which are of fundamental importance to the economic and social development of ACP States and make a major contribution to employment, export earnings and public revenues.
The parties recognize that, with the support of the EU, some sectors have entered into a process of transformation to allow the relevant ACP exporters to compete in international and EU markets, including the development of brand products and other value-added products.
They also recognize that additional assistance may be required when greater trade liberalization is likely to result in a deeper deterioration of market access conditions for ACP producers. To this end, they agree to consider all necessary measures to maintain the competitive position of ACP States in the EU market. This review may include the rules of origin, sanitary and phytosanitary measures and the implementation of certain specific provisions that are capable of lifting supply-side constraints in ACP States. The aim is to allow ACP States to exploit their existing or potential comparative advantage in the EU market.
When assistance programs are developed and resources provided, the parties agree to conduct periodic evaluations to assess progress and results achieved and decide on appropriate additional measures to be implemented.
The Joint Ministerial Committee shall monitor the implementation of this Declaration and submit appropriate reports and recommendations to the Council of Ministers.
DECLARATION II
JOINT DECLARATION ON MIGRATION AND DEVELOPMENT (ARTICLE 13)
The parties agree to strengthen and deepen their dialogue and cooperation in the field of migration, building on the following three pillars of a comprehensive and balanced approach to migration.
1. Migration and development, including diaspora issues, brain drains and remittances.
2. Legal migration, including admission, mobility and mobility of skills and services.
3. Illegal migration, including smuggling and trafficking in human beings and border management, as well as readmission.
Without prejudice to the current Article 13, the parties undertake to establish the modalities of this enhanced cooperation in the field of migration.
They also agree to work to complete this dialogue in a timely manner and to report on the progress made to the next ACP-EC Council.
DECLARATION III
DECLARATION OF THE EUROPEAN UNION ON INSTITUTIONAL CHANGES RESULTING OF THE ENTREE IN LISBONNECTIONS
Following the entry into force of the Lisbon Treaty, 1^er December 2009, the European Union replaces and succeeds the European Community and, from that date, exercises all the rights and assumes all the obligations of the European Community. Therefore, references to the European Community in the text of the agreement are, if any, agreed to by the European Union.
The European Union will propose to ACP States an exchange of letters for the purpose of putting the text of the agreement in accordance with the institutional changes resulting from the entry into force of the Lisbon Treaty in the European Union.

List of signatory countries for a treaty
Agreement Amending, for the second time, the Partnership Agreement between the Members of the Group of African, Caribbean and Pacific States, on the one hand, and the European Community and its Member States, on the other hand, signed in Cotonou on 23 June 2000 and amended once in Luxembourg on 25 June 2005, and the Final Act, opened for signature in Ouagadougou on 22 June 2010 and in Brussels on 1^er July to 31 October 2010