Law Approving The Agreement Between The European Community And Its Member States, Of The One Part, And The Republic Of South Africa, On The Other Hand, Amending The Agreement On Trade, Development And Cooperation Made In Kleinmond, South Africa,

Original Language Title: Loi portant assentiment à l'Accord entre la Communauté européenne et ses Etats membres, d'une part, et la République d'Afrique du Sud, d'autre part, modifiant l'Accord sur le commerce, le développement et la coopération, fait à Kleinmond, Afrique du Sud,

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belgiquelex.be - Carrefour Bank of Legislation

20 MARCH 2013. - An Act to approve the Agreement between the European Community and its Member States, on the one hand, and the Republic of South Africa, on the other hand, to amend the Agreement on Trade, Development and Cooperation, done at Kleinmond, South Africa, on 11 September 2009 (1)(2)(3)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the European Community and its Member States, on the one hand, and the Republic of South Africa, on the other hand, amending the Agreement on Trade, Development and Cooperation, done at Kleinmond, South Africa, on 11 September 2009, will come out its full and 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 20 March 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
Trade and European Affairs,
Didier REYNDERS
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. 5-1313/1. Report on behalf of the Commission, No. 5-1313/2.
Annales parliamentarians. - Discussion, meeting of January 26, 2012. - Vote, meeting of 26 January 2012.
House of Representatives
Documents. - Project transmitted by the Senate, No. 53-2022/1. - Text adopted in plenary and subject to Royal Assent, 53-2022/2.
Annales parliamentarians. - Discussion, session of 1er March 2012. - Vote, meeting of 1er March 2012.
(2) See Decree of the Flemish Community/ Flemish Region of 1er July 2011 (Moniteur belge du 26 juillet 2011), Decree of the French Community of 24 January 2013 (Moniteur belge du 6 mars 2013), Decree of the German-speaking Community of 19 March 2012) (Moniteur belge du 18 avril 2012), Decree of the Walloon Region of 31 January 2013 (Moniteur belge du 11 février 2013), Ordonnance de la Région de Bruxelles-Capitale du 23 juillet 2012 (Moniteur communautaire du 23 août 2012)
(3) Related states.

AGREEMENT BETWEEN EUROPEAN COMMUNITY AND MEMBERS, OF A PART, AND THE REPUBLIC OF SOUTH AFRICA, OF AIR PART, MODIFIANT THE CORD ON TRADE, DEVELOPMENT AND COOPERATION
BELGIUM,
THE REPUBLIC OF BULGARIA,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRANCAISE REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY,
hereafter referred to as "member states", and
THE EUROPEAN COMMUNITY,
hereafter called "Community",
and
LA REPUBLIQUE D'AFRIQUE DU SUD,
hereinafter referred to as "parts"
CONSIDERANT QUE l'accord sur le commerce, le développement et la coopération entre la Communauté européenne et ses Etats membres, d'une part, et la République d'Afrique du Sud, d'autre part (ci-après intitulé "l'accord CDC"), a été signé à Pretoria le 11 octobre 1999 et atré le 1er May 2004;
CONSIDERING THAT sections 18 and 103 of the CDC Agreement provide that the agreement will be reviewed within five years of its entry into force; that the parties made an evaluation in 2004 and agreed, in a joint statement at the Cooperation Council of 23 November 2004, on the need to make certain changes to the CDC agreement;
CONSIDERANT QUE la révision des dispositions de l' accord CDC sur le commerce et les questions liés au commerce fait l'objet des négociation sur un accord de partenariat économique entre l'Union européenne et les pays de l'Afrique southern;
CONSIDERANT QUE le plan d'action conjointement visant à mettre en œuvre le partenariat stratégique entre la République d'Afrique du Sud et l'Union européenne a été conclu et qu'il prévu une extension de la coopération entre les parties dans une large nombre de domaines,
AGAINST THE PROVISIONS THAT SAY:
ARTICLE 1er
The CDC agreement is amended to read:
(1) A new sixth consideration is added in the preamble:
"Recognizing the vital importance of all components of the system of multilateral disarmament and non-proliferation treaties and the need to make progress with respect to the fulfilment of all obligations arising therefrom, the parties wish to include in this agreement a clause that will enable them to cooperate and engage in a political dialogue on these issues. ".
(2) The first paragraph of section 2 is replaced by the following text:
"The respect for democratic principles, human rights and fundamental freedoms, as defined in the universal declaration of human rights, respect for the principle of the rule of law, as well as cooperation on the issues of disarmament and non-proliferation of weapons of mass destruction contained in Article 91A, paragraphs 1 and 2, inspire the internal and international policies of the European Union and of South Africa and constitute an essential element of the agreement."
(3) Section 55 is replaced by the following text:
Article 55
Information Society and ICT
1. The parties agree to cooperate in the development of the information society and in the development of information and communication technologies (ICT) considered as the basic tools of socio-economic development in the era of information. Cooperation is aimed at:
(a) promote the emergence of an information society open to all that favours development;
(b) support the growth and development of the ICT sector, including MMEAs;
(c) to assist cooperation among Southern African countries in this area, and more generally at the continental level.
2. Cooperation includes dialogues, information exchanges and possible technical assistance on various aspects of the construction of the information society. This includes:
(a) innovative and non-exclusive policies and regulatory frameworks, applications and services, skills development;
(b) the possibility of interaction between regulatory authorities, public sector organizations, businesses and civil society organizations;
(c) new facilities, including research and teaching networks, to enable network interconnection and interoperability of applications;
(d) the promotion and implementation of partnership and technological development research in projects related to new information society technologies;
As part of the development cooperation programme, the implementation of projects that meet a common concern arising from interactions between the areas mentioned above should be considered. ".
4) Section 57 is amended to read:
(a) the introductory sentence of the first paragraph shall be replaced by the following text:
"1. Cooperation in this area includes:"
(b) Paragraph 2 is replaced by the following:
"2. Cooperation is especially aimed at:
(a) promote the development of appropriate energy policies, regulatory framework and infrastructure in South Africa;
(b) To ensure energy security in South Africa by diversifying energy sources;
(c) improve the technical, economic, environmental and financial performance standards of energy operators, in particular with regard to electricity and liquid fuels;
(d) Facilitate the establishment of means of action to establish a body of specialists, in particular through general and technical training;
(e) develop new and renewable energy sources and support infrastructure to meet national and rural energy needs and to provide electricity;
(f) improve the rational use of energy in buildings and industry, including by promoting energy efficiency;
(g) promote the mutual transfer and use of environmentally sound and cleaner energy technologies;
(h) promote cooperation in energy sector regulation in Southern Africa;
(i) promote regional cooperation in the field of energy in Southern Africa. ";
(c) the following paragraph is added to section 57:
"3. Cooperation includes the activities of South Africa undertaken within the framework of the European Union Energy Initiative for the Eradication of Poverty and Sustainable Development, the objectives of the Johannesburg Plan of Implementation and the United Nations Commission on Sustainable Development.".
5) Section 58 is amended to read:
(a) in paragraph 1er, point (a), the terms "health and safety" are replaced by "health, safety and environmental";
(b) in paragraph 1er, point (b), the second sentence is replaced by "Cooperation should include the creation of a mutually beneficial climate to attract investment in this sector, including SMEs (1), and should also concern previously disadvantaged communities. ";
(c) the following item is added to paragraph 1er :
"d) support policies and programs that promote on-site mineral enrichment and create opportunities for collaboration in the development of the mineral enrichment sector. ";
(d) paragraph 1er(d) is renumbered 1, item (e);
(e) At the end of paragraph 2, the words "and the African Mining Partnership (AMP)" are added.
6) Section 59 is amended to read:
(a) in paragraph 1er, point b), after the words "to create a transport network", the words "safe and" are added;
(b) in paragraph 2, point (c), after "improving air traffic safety", the term "rail" is added;
(c) In paragraph 2, the following points are added:
"(d) to exchange information and improve cooperation on the respective policies and practices in transport safety and security, in particular in the areas of marine, air and land transport, including intermodal freight flows;
(e) To harmonize transport policies and regulatory frameworks by strengthening political dialogue and the exchange of regulatory and operational know-how with the relevant authorities;
(f) Developing partnerships in the field of global navigation satellite systems, including research and technology and their application to sustainable development. ".
7) The following item is added:
Article 59A
Maritime transport
1. In order to promote the development of their marine industry, the parties encourage their competent authorities, shipping companies, ports, important research organizations, shipping and compensation companies, logistics companies, universities and higher schools to cooperate, among other things, in the following areas:
(a) exchange of views on their activities within the framework of international maritime organizations;
(b) development and improvement of legislation on maritime transport and market management;
(c) the development of an efficient transport service for international maritime trade through the efficient operation and management of the ports and fleets of the parties;
(d) Application of internationally binding standards and legal provisions on maritime transport safety and the prevention of marine pollution;
(e) promoting maritime education and training, in particular the formation of seafarers;
(f) exchange of personnel, scientific information and technology;
(g) strengthening efforts to increase maritime security.
2. The parties reaffirm their firm intention to respect the important international conventions they have ratified and which regulate the transport of hazardous biological, nuclear and chemical materials, and agree to cooperate on these issues in bilateral and multilateral forums.
3. Cooperation in this regard can be achieved through joint capacity-building programmes in the field of security and the environment. ".
8) Section 60 is amended to read:
(a) Paragraph 1 (c) is replaced by the following:
(c) to promote the development of products and markets, human resources and institutional structures;
(b) Paragraph 1, item (e), is replaced by the following:
"(e) cooperate to develop and stimulate local tourism;"
(c) Paragraph 2, item (e), is replaced by the following:
"(e) to stimulate cooperation at the regional and continental level."
9) Section 65 is amended to read:
(a) in paragraph 1er, the terms "are carried out in a context of political dialogue and partnership" are replaced by "is carried out in a context of political dialogue, partnership and aid effectiveness";
(b) At the end of paragraph 3, the words "and in particular the achievement of the Millennium Development Goals (MDGs)" are added.
10) The following item is added:
Article 65A
Millennium Development Goals
The parties reaffirm their commitment to achieving the Millennium Development Goals by the deadline for 2015. The parties also agree to intensify their efforts to meet their commitments made at the Monterrey Conference on Financing for Development (2), as well as to achieve the goals of the Johannesburg Plan of Implementation (SMDD (3)). The parties also express their support for the African Union and its socio-economic programme, and will mobilize resources together for its implementation. ".
11) Section 66 is amended to read:
(a) Paragraph 1er is replaced by the following:
"1. The areas of development cooperation will be set out in multi-year programming documents adopted in common, including joint programming documents agreed with EU member States in accordance with relevant EU cooperation instruments.";
(b) in paragraph 2, the words "non-governmental partners" are replaced by "non-State actors";
(c) in paragraph 3, the term "previously" is deleted.
(12) Section 67 is replaced by the following text:
Article 67
Eligible recipients
Cooperation partners that can obtain financial and technical support are national, provincial and local governments and public agencies, non-state actors, as well as regional and international organizations and institutions. ".
13) Section 68 is amended to read:
(a) in paragraph 1, the words "audits and assessment and control missions" are replaced by "evaluations, controls, audits and other missions";
(b) in paragraph 2, point (c), the words "non-governmental partner" are replaced by "non-state actor";
(c) in paragraph 4, the words "may be" are replaced by "sont".
14) Section 69 is amended to read:
(a) in paragraph 1er, the terms "by objectives, from the priorities defined in Article 66 and" are deleted;
(b) in paragraph 2, the terms "jointed with the multi-year indicative programme" are replaced by "fixed in agreements and/or contracts governing individual projects and programmes".
15) Section 71 is amended to read:
(a) in paragraph 1er, the terms "a funding proposal" are replaced by "an annual action plan";
(b) in paragraph 2, the words "the funding proposal" are replaced by "the annual action plan".
16) Section 73 is amended to read:
(a) in paragraph 1er, the terms "South Africa and ACP countries" are replaced by "South Africa, ACP countries and countries and territories that are eligible in accordance with the EC regulations in the area of delirium";
(b) in paragraph 2, the terms "South Africa or ACP countries" are replaced by "South Africa, ACP countries or countries and territories that are eligible in accordance with the EC regulations on delirium."
17) In Article 76, the terms "Cooperation Council" are replaced by "EU Council of Ministers".
18) In Article 77, the terms "Cooperation Council" are replaced by "EU Council of Ministers".
19) Section 79 is amended to read:
(a) in the title of the article, the term "principal" is deleted;
(b) in the body of the article, the words "main coordinator" are replaced by "ordinator".
(20) In article 82, the first sentence of paragraph 2 is deleted.
21) Section 83 is replaced by the following text:
Article 83
Science and technology
1. The parties seek scientific and technological partnerships of mutual interest, strengthen cooperation on the basis of EU framework programmes, in the context of the provisions of the Science and Technology Cooperation Agreement, concluded in November 1997, and in the context of this Agreement and other relevant instruments. The parties pay particular attention to the control of science and technology in order to support the sustainable growth and development of South Africa, in accordance with the provisions of this Agreement, as well as to the advancement of the global sustainable development agenda and to the strengthening of Africa's scientific and technological capacities.
The parties undertake to engage in regular dialogue in order to jointly identify priorities in the field of scientific and technological cooperation.
2. Cooperation addresses, inter alia, issues related to science and technology for poverty reduction programmes; exchanges in the field of scientific and technological policy; partnerships on research and innovation to contribute to economic cooperation and job creation; cooperation within the framework of world-leading research programmes and global research infrastructure; supporting scientific and technological programmes for the African continent and its regions; strengthening multilateral dialogue and partnerships in science and technology; harnessing synergies between scientific and technological multilateral and bilateral cooperation; human capital development and overall mobility of researchers; Agreed and targeted cooperation in specific thematic areas of science and technology jointly determined by the parties. "
22) Section 84 is amended to read:
(a) at the end of paragraph 1erthe words ", especially within the framework of the United Nations and other international forums" are added;
(b) after the terms "water quality control", the terms "air quality" are added; the terms "relative to reducing greenhouse gas emissions" are replaced by "relative to the causes and effects of climate change".
23) Section 85 is replaced by the following text:
Article 85
Culture
1. General provision, political dialogue
(a) The parties undertake to cooperate culturally, in order to promote mutual understanding and knowledge of the culture(s) of South Africa and the member states of the European Union.
(b) The parties endeavour to establish a political dialogue in the field of culture, in particular on the strengthening and development of a competitive sector of cultural industries in South Africa and the European Union.
2. Cultural diversity and intercultural dialogue
The parties undertake to cooperate in international forums (e.g. UNESCO) to strengthen the protection and promotion of cultural diversity and to encourage intercultural dialogue at the international level.
3. Cultural cooperation and exchange
The parties encourage cooperation in cultural activities, participation in cultural events and exchanges between cultural operators in South Africa and the European Union. "
24) The first paragraph of section 86 is replaced by the following text:
"1. The parties are initiating a dialogue in the field of employment and social policy, which, without necessarily limiting itself to it, addresses issues relating to the social problems of post-apartheid society, the fight against poverty, decent work for each, social protection, unemployment, gender equality, violence against women, children's rights, persons with disabilities, the elderly, youth, public relations, ".
25) Section 90 is replaced by the following text:
Article 90
Cooperation in the field of illicit drugs
1. Within their respective competences and powers, the parties cooperate to ensure a balanced and integrated approach to the drug problem. Policies and actions are aimed at reducing the supply, traffic and demand of illicit drugs, as well as preventing the diversion of precursors.
2. The parties agree on the methods of cooperation necessary to achieve these objectives. The actions are based on the principles adopted during the special session of the UN General Assembly on drugs in 1998 and on the total respect for human rights. ".
26) Section 91 is amended to read:
(a) the title is replaced by the following title:
"Protection of personal data";
(b) Paragraph 1er is replaced by the following:
"1. The parties cooperate to improve the level of protection of personal data in order to adapt it to the highest international standards, such as, inter alia, the guidelines for the regulation of computerized files containing personal data, as amended by the UN General Assembly of 20 November 1990, and to facilitate the exchange of data in accordance with existing national legislation in accordance with the highest international standards, including the protection of fundamental rights. ";
(c) Paragraph 3 is deleted.
27) The following items are added:
Article 91A
Weapons of mass destruction and their means of delivery
1. Given the importance of the problems at stake for international stability and security, the parties agree to cooperate and contribute to the strengthening of the multilateral disarmament and non-proliferation system and, in this context, to combat the proliferation of all weapons of mass destruction and their means of delivery by ensuring full compliance and national implementation of their respective obligations and commitments under the relevant treaties and agreements and their other international obligations in this regard.
2. The parties also agree to cooperate and contribute to the achievement of these objectives by:
(a) taking the necessary measures to sign or ratify or accede to all other relevant international instruments of disarmament and non-proliferation, as the case may be, and to fully implement and respect all legally binding international instruments;
(b) developing and/or maintaining an effective system of national export controls to control the export and transit of goods related to weapons of mass destruction and the final use of dual-use technologies, and providing effective sanctions, including those based on criminal law in cases of violations of the export control regime.
3. The parties agree that paragraphs 1 and 2 of this article constitute an essential element of this agreement. The parties agree to engage in a regular political dialogue that accompanies and consolidates their cooperation in this area within the framework of the principles set out in the preamble.
Article 91B
Combating terrorism
1. The parties strongly condemn all acts, methods and practices of terrorism in all their forms and manifestations, judging them criminal and unjustifiable, regardless of the perpetrator and wherever they are committed.
2. In addition, the parties recognize that it is not possible to defeat terrorism without also addressing fundamentally the factors that promote its extension. The parties reaffirm their firm resolve to develop and implement comprehensive action programmes to eliminate these factors. The parties emphasize that the fight against terrorism must be carried out in full respect of international law, human rights and refugee rights, and that all measures must be based on the rule of law. The parties insist that effective counter-terrorism measures and the protection of human rights are not contradictory but complementary and mutually reinforcing objectives.
3. The parties underline the importance of the implementation of the United Nations Global Strategy against Terrorism and their firm intention to work towards this goal. They always have the will to reach agreement as soon as possible on the United Nations General Convention on International Terrorism.
4. The parties agree to cooperate in preventing and preventing acts of terrorism in accordance with the Charter of the United Nations and international law, relevant conventions and instruments, as well as within the framework of their respective laws and regulations. This cooperation is carried out in particular:
(a) as part of the implementation of Security Council resolution 1373 (2001) and other relevant United Nations resolutions, as well as existing international conventions and instruments;
(b) an exchange of information on terrorist groups and their support networks, by mutual agreement and in accordance with international and national law;
(c) exchange of views on the means and methods used to combat terrorism, in particular technical and training, and exchange of experiences in the field of terrorism prevention. "
Article 91C
Money laundering and terrorist financing
1. The parties agree on the need to make every effort and to cooperate to prevent their financial systems from being used for money laundering from criminal activities, in general, and offences related to the trafficking of narcotic drugs and psychotropic substances, in particular.
2. Cooperation in this area may include administrative and technical assistance to advance the implementation of the regulations and the proper functioning of the relevant standards as well as mechanisms to combat money-laundering and the financing of terrorism in accordance with international standards and, in particular, the recommendations of the Financial Action Group (FATF). "
Article 91D
Combating organized crime
The parties agree to cooperate in combating organized crime and financial crime, including corruption. This cooperation aims, in particular, to implement and promote relevant international standards and instruments, such as the United Nations Convention against Transnational Organized Crime and its Additional Protocols, and the United Nations Convention against Corruption. "
Article 91E
Small arms and light weapons
The parties recognize that the illicit manufacture, storage, possession and trade of small arms and light weapons, as well as their excessive accumulation and uncontrolled spread, continue to contribute significantly to instability and threaten safety, security and sustainable development. Accordingly, the parties agree to continue and continue to develop close cooperation to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects referred to in the United Nations Programme of Action (UNPA) and to address the problem of the excessive accumulation of such weapons. The parties agree to comply strictly and fully with their obligations under international law and relevant conventions and to comply with their commitments under relevant multilateral instruments. "
Article 91F
Mercenaries
The parties undertake to establish a regular political dialogue and to cooperate in the prevention of mercenary activities in accordance with their obligations under international conventions and instruments, as well as the laws and regulations they have adopted in accordance with these obligations. "
Article 91G
International Criminal Court
The parties, determined to put an end to impunity and to promote international peace and security, as well as sustainable respect for the application of international justice, reaffirm their support for the International Criminal Court and its work. The parties also agree to cooperate to strengthen the universality and integrity of the Rome Statute and related instruments and to increase their cooperation with the ICC."
Article 91H
Cooperation in immigration
1. Immigration is the subject of a thorough political dialogue reflecting the importance that the parties attach to this issue.
The parties reaffirm their commitment to comply with their obligations under international immigration law to ensure respect for human rights and to eliminate all forms of discrimination based on origin, sex, race, language and religion.
2. In order to strengthen cooperation among the parties, this dialogue covers a wide range of areas, including:
(a) equitable treatment of foreign nationals legally residing in their territory, an integration policy recognizing the same rights and obligations as their citizens, the strengthening of non-discrimination in economic, social and cultural life, and the development of protective measures against racism and xenophobia, as well as against intolerance and violence arising therefrom;
(b) with regard to working conditions, remuneration and dismissal, the treatment granted by EU Member States to South Africans legally working in their territory must be equivalent to that of their own citizens. Similarly, South Africa provides non-discriminatory treatment comparable to EU nationals legally working in its territory;
(c) visa issues of mutual interest, including the simplification of entry procedures for South African nationals travelling to the EU, as well as for nationals of EU Member States travelling to South Africa;
(d) travel security and identity issues;
(e) linkages between migration and development, including:
- strategies to reduce poverty, improve living and working conditions, create jobs and develop appropriate skills,
- the possibility for immigrants to participate more easily in the development of their countries of origin,
- cooperation to build capacity, especially in the health and education sectors, and to compensate for the negative impact of "brain fuite" on sustainable development in South Africa, and
- means to facilitate legally and expeditious remittances on favourable financial terms;
(f) the development and implementation of national legislation and practices on international protection with a view to complying with the provisions of the United Nations Convention on the Status of Refugees and its 1967 Protocol, and to ensure respect for the principle of "non-refoulement";
(g) the development of an effective preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings, in particular by fighting networks of smugglers and traffickers and protecting victims;
(h) important border control aspects, including capacity development, training, sharing best practices and technical assistance;
(i) all issues related to return and readmission, including the need to return in human and dignified conditions, as well as in full respect for human rights, and to encourage voluntary returns.
3. (a) As part of the cooperation to prevent and reduce clandestine immigration, the parties agree to renew their illegal migrants. To this effect:
- each EU Member State accepts the return and reclaims its illegally present nationals in the territory of South Africa, at the request of the latter and without other formalities;
- South Africa accepts the return of its citizens illegally present in the territory of a EU Member State at the request of the EU Member State and without any other formalities.
EU Member States and South Africa issue their nationals with the necessary identity documents for this purpose. If there are doubts about the nationality or identity of a person, the parties agree to identify their alleged nationals.
(b) At the request of the parties, negotiations are under way to conclude, in good faith and in accordance with the relevant rules of international law, a bilateral agreement regulating the specific obligations concerning the readmission and return of their nationals. The agreement also provides, if the parties deem it necessary, provisions relating to the readmission of third-country nationals and stateless persons. It specifies the categories of persons covered by these provisions and the modalities for their readmission and return."
28) Section 94 is replaced by the following text:
"Article 94
Non-refundable assistance
Financial assistance in the form of non-refundable assistance is covered by financial resources made available under the community budget lines for development and international cooperation activities within the scope of these budget lines. The procedure used for the submission and approval of applications, their implementation and control/evaluation is in accordance with the general terms and conditions for the budget line in question. ".
29) In Annex IV to Protocol No. 1, South African versions are amended to read:
The words "Die uitvoerder van die produkte gedek deur hierdie dokument (doeanemagtiging No ...(1)) verklaar dat, uitgesonderd waar andersins duidelik aangedui, hierdie produkte van ... voorkeuroorsprong (2)is" are replaced by "Die uitvoerder van die produkte ged ...(1)) verklaar dat, behalwe waar duidelik anders aangedui word, hierdie produkte van ... voorkeuroorsprong (2) is".
ARTICLE 2
This agreement is made 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 and in the official languages of the Republic of South Africa, other than English, namely sepedi,
ARTICLE 3
1. This Agreement shall be approved by the Community, by the Member States and by the Republic of South Africa, in accordance with their own procedures.
2. The parties shall notify themselves of the performance of the corresponding procedures referred to in paragraph 1er. Instruments of approval are deposited with the General Secretariat of the Council of the European Union.
ARTICLE 4
This Agreement comes into force on the first day of the month following the month in which the parties are notified of the completion of the necessary procedures.
Done at Kleinmond, South Africa, September 11, 2009.
____
Notes
(1) Small and medium enterprises.
(2) The International Conference on Financing for Development was held in Monterrey, Mexico, in March 2002, and resulted in the Monterrey Consensus and a series of commitments related to the future financing of development assistance and poverty eradication worldwide.
(3) World Summit on Sustainable Development.

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