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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013015245&caller=list&article_lang=F&row_id=1000&numero=1083&pub_date=2013-11-18&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-11-18 Numac: 2013015245 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE March 20, 2013. -Law concerning consent to 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, made in Kleinmond, South Africa, September 11, 2009 (1) (2) (3) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the agreement between the community and its Member States, of 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, September 11, 2009, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, March 20, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister for Foreign Affairs, international trade and European Affairs, Didier REYNDERS Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Senate Documents. -Bill filed November 10, 2011, no. 5 - 1313/1.
-Report on behalf of the Committee, no. 5-1313/2.
Parliamentary Annals. -Discussion, meeting of January 26, 2012. -Vote meeting of January 26, 2012.
House of representatives Documents.
-Draft transmitted by the Senate, no. 53-2022/1. -Text adopted in plenary and subject to Royal assent, session No. 53-2022/2.
Parliamentary Annals. -Discussion, meeting of March 1, 2012. -Vote meeting of March 1, 2012.
((2) see Decree of the Flemish community / the Flemish Region by July 1, 2011 (Moniteur belge of 26 July 2011)-Decree of the French community of 24 January 2013 (Moniteur belge of 6 March 2013), Decree of the German-speaking community of March 19, 2012) (Moniteur belge of April 18, 2012), Decree of the Walloon Region from January 31, 2013 (Moniteur belge of February 11, 2013) , Order of the Region of Brussels - capital of July 23, 2012 (Moniteur belge of 23 August 2012), order of the Joint Community Commission of November 29, 2012 (Moniteur belge of 18 December 2012 - ed. 2).
(3) bound States.

AGREEMENT BETWEEN THE COMMUNITY AND ITS MEMBER STATES, ON THE ONE HAND, AND THE REPUBLIC OF SOUTH AFRICA, OF THE OTHER PART, AMENDING THE AGREEMENT ON TRADE, DEVELOPMENT AND COOPERATION THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE CZECH REPUBLIC, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ESTONIA, IRELAND, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC , THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND-DUCHY OF LUXEMBOURG, THE REPUBLIC OF HUNGARY, MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE PORTUGUESE REPUBLIC, ROMANIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND Contracting parties to the Treaty establishing the EU, hereinafter referred to as 'Member States' and the Community European, hereinafter referred to as 'Community', and the Republic of South Africa, hereinafter referred to as "parties" whereas the agreement on trade, development and cooperation between the community and its Member States, of one part, and the Republic of South Africa, on the other hand (hereinafter referred to as "the TDC agreement") was signed in Pretoria on 11 October 1999 and entered into force on 1 May 2004;
WHEREAS articles 18 and 103 of the TDCA provide that the agreement will be reviewed within a period of five years after its entry into force; the parties conducted an assessment in 2004 and agreed in a joint declaration at the Council of cooperation of 23 November 2004, the need for certain amendments to the TDCA;
CONSIDERING that the revision of the provisions of the TDC agreement on trade and trade-related issues is the subject of the negotiations on an economic partnership agreement between the European Union and the countries of southern Africa;
CONSIDERING that the joint action plan to implement the strategic partnership between the Republic of South Africa and the European Union has been concluded and that it provides an extension of cooperation between the parties in a large number of areas, are agreed for provisions that following: ARTICLE 1 the TDC agreement is amended as follows: 1) a new sixth recital shall be inserted in the preamble : "Recognizing the importance of all components of the system of multilateral disarmament and non-proliferation treaties and the need for progress in the implementation of all the obligations deriving therefrom, the parties wish to include in the agreement a clause allowing them to cooperate and to conduct a political dialogue on these issues.".
(2) the first paragraph of article 2 is replaced by the following text: "the respect of democratic principles, the rights of man and fundamental freedoms as defined in the universal declaration of the rights of man, 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, based on the internal and international policy of the European Union and South Africa and constitute an essential element of this agreement. "."
(3) article 55 is replaced by the following: Article 55 1 ICTs and the information society. The parties agree to cooperate in the development of the information society and to the development of the technologies of information and communication (ICT) considered basic tools of economic and social development in the era of information. The cooperation aims to: a) promote the emergence of an information society open to all favouring development;
(b) support the growth and development of the ICT, including SMME sector;
(c) assist the cooperation between the countries of southern Africa in this area, and more generally at the level of the continent.
2. the cooperation includes dialogues, information exchanges and possible technical assistance on various aspects of the construction of the information society. This includes: has) policies and regulatory frameworks, applications and non-exclusive and innovative services, the development of skills;
(b) the possibility of an interaction between regulatory authorities, agencies of the public sector, businesses and civil society organizations;
(c) new facilities, including research and education networks, to enable the interconnection of networks and interoperability of applications;
d) the promotion and implementation of partnership research and technological development in projects relating to new technologies related to the information society;
The program of development cooperation should be considered in implementing projects that respond to a common concern resulting from interactions between the above-mentioned areas. "."
(4) article 57 is amended as follows: has) the introductory phrase of the first paragraph is replaced by the following: "1. cooperation in this field among other aims:";
(b) paragraph 2 is replaced by the following text: "(2. La coopération vise tout spécialement à: a) promote the development of energy policies appropriate to their regulatory framework and their infrastructure in South Africa;"
(b) ensuring energy security in South Africa by diversifying the energy sources;
(c) improve the performance standards of the energy operators on technical, economic, environmental and financial, in particular for regarding electricity and liquid fuels;
(d) facilitate the establishment of means of action to constitute a body of specialists, in particular by training General and technical;
(e) to develop new and renewable energy sources and support infrastructure to meet national and rural energy and electricity supply;
(f) improve the rational use of energy in buildings and industry, notably by promoting energy efficiency;
(g) to promote mutual transfer and use of environmentally friendly and cleaner energy technologies;
(h) promoting cooperation in the field of the regulation of the energy sector in southern Africa;
(i) promote regional cooperation in the field of energy in southern Africa. ";
(c) the following paragraph is added to article 57: "3. The cooperation includes the activities of the South Africa undertaken within the framework of the energy initiative of the European Union for the eradication of poverty and sustainable development, the objectives of the Plan of implementation of Johannesburg and the sustainable development of the United Nations commission. "."
((5) article 58 is amended as follows: a) in paragraph 1, point a), 'health and safety' are replaced by 'health, safety and environmental';
(b) in paragraph 1,

point b), the second sentence shall be replaced by "cooperation should include the establishment of a climate of mutually beneficial to attract investment in this sector, particularly SMEs (1), and should also involve previously disadvantaged communities.";
(c) the point following is added to paragraph 1: "d) support policies and programs that promote the enrichment ores on-site and which create opportunities for collaboration in the development of the sector of enrichment of ores.";
((d) in paragraph 1, point d) shall be renumbered 1, point (e));
(e)) at the end of paragraph 2, the words "and the African Mining Partnership (AMP)" are added.
((6) article 59 is amended as follows: a) in paragraph 1, point b), after the words "in order to create a transportation network", the terms "secure and" are added;
((b) in paragraph 2, point c), after "improve the security of air traffic", the term ", railway" is added;
(c) in paragraph 2, the following points are added: "d) the exchange of information and improve cooperation with regard to policies and practices respective safety and safety of transport, in particular in the areas of maritime, air and land transport, including intermodal goods flows;"
(e) harmonize transport policies and regulatory frameworks in strengthening political dialogue and the exchange of regulatory and operational know-how with the competent authorities;
(f) develop partnerships in the area of planetary systems of satellite navigation, including research and technology and their application to sustainable development. "."
(7) the following article is added: 'Article 59A shipping 1. Order the development of their maritime industry, the parties shall encourage their competent authorities, shipping companies, ports, organizations of important research, the maritime freight and clearing companies, logistics companies, universities and colleges to cooperate, inter alia, in the following areas: has) exchange of views concerning their activities in the context of the international maritime organizations;
(b) development and improvement of legislation on maritime transport and the management of the market;
(c) development of an effective service for international maritime trade by performing the operation and management of ports and fleets of the parties;
(d) application of standards and the binding legal provisions at the international level in the maritime transport safety and prevention of pollution marine;
(e) promotion of education and maritime training, particularly training of seafarers;
f) exchange of personnel, scientific information and technologies;
(g) strengthening efforts to enhance maritime security.
2. the parties reaffirm their firm intention to respect the important international conventions that they have ratified and which regulate the transport of chemical, nuclear and biological materials, and agree to cooperate on these issues in bilateral and multilateral fora.
3. the cooperation in this regard can take place through capacity-building programmes developed in common in the field of safety and the environment. "."
((8) article 60 is amended as follows: a) paragraph 1, point c) is replaced by the following text: "c) to promote the development of products and markets, human resources and institutional structures".
((b) in paragraph 1, point e), is replaced by the following: "e) to cooperate to develop and stimulate local tourism;" c), paragraph 2, point e), is replaced by the following: "e) stimulate cooperation at regional and continental level".
(9) article 65 is amended as follows: a) in paragraph 1, the words "takes place in a context of policy dialogue and partnership" are replaced by "takes place in a context of policy dialogue, partnership and aid effectiveness";
(b) at the end of paragraph 3, the words "and in particular to the achievement of the objectives of the Millennium Development Goals (MDGs)" are added.
(10) the following article is added: ' Article 65 (A) the Millennium development goals the parties reaffirm their commitment to the achievement of the MDGs by the date deadline of 2015. " The parties also agree to redouble efforts to meet their commitments made at the Monterrey conference on financing for development (2), as well as to achieve the objectives of the plan of implementation of Johannesburg (WSSD (3)). The parties also expressed their support to the African Union and its socio-economic programme, and mobilize all resources to its implementation. "."
(11) article 66 is amended as follows: a) paragraph 1 is replaced by the following: "1. the areas of development cooperation will be fixed in documents of multiannual programme adopted in common, including documents from joint programming adopted by mutual agreement with the Member States of the EU, in accordance with the relevant EU cooperation instruments";
(b) in paragraph 2, "non-governmental partners" is replaced by "non-State actors";
(c) in paragraph 3, the word "previously"is deleted".
(12) article 67 is replaced by the following: "Article 67 eligible recipients the cooperation partners who can get financial and technical support are Governments and national, provincial and local public agencies, non-State actors, as well as organizations and regional and international institutions.".
(13) section 68 is amended as follows: a) in paragraph 1, the words "audits and evaluation and monitoring missions" are replaced by "assessments, controls, audits and other missions";
((b) in paragraph 2, point c), "non-governmental partner" shall be replaced by "non-State actor";
(c) in paragraph 4, the words "may be" are replaced by "are".
(14) article 69 is amended as follows: has) to paragraph 1, the words "by objectives, based on the priorities laid down in article 66 and" shall be deleted;
(b) in paragraph 2, the terms "attached to the multi-annual indicative programme" are replaced by "fixed in agreements and/or contracts governing individual programmes and projects".
(15) section 71 is amended as follows: a) in paragraph 1, "a proposal for financing" shall be replaced by "an annual action plan";
(b) in paragraph 2, "the financing proposal" is replaced by "the annual action plan".
(16) article 73 is amended as follows: a) in paragraph 1, the words "South Africa and ACP countries" are replaced by "South Africa, the ACP countries and the countries and territories that are eligible in accordance with the regulations of the EC on untying";
(b) in paragraph 2, "South Africa and the ACP countries" is replaced by "South Africa, the ACP countries or the countries and territories that are eligible in accordance with the regulations of the EC on untying".
(17) in article 76, "Cooperation Council" shall be replaced by "Council of Ministers of the EU".
(18) in article 77, "Cooperation Council" shall be replaced by "Council of Ministers of the EU".
(19) article 79 is amended as follows: a) in the title of the article, the "main" is deleted;
(b) in the body of the article, "Chief authorising officer" is replaced by "authorising officer".
(20) article 82, the first sentence of paragraph 2 is deleted.
(21) article 83 is replaced by the following: 'Article 83 Science and technology 1. The parties are looking for partnerships science and technology of mutual interest, strengthen cooperation on the basis of the framework programmes of the European Union, in the context of the provisions of the cooperation agreement in the field of science and technology, concluded in November 1997, and in the context of this agreement and other relevant instruments. The parties must pay particular attention to the mastery of science and technology in order to support growth and sustainable development of South Africa, in accordance with the provisions of this agreement, as well as to the advancement of the sustainable development programme world and Africa's scientific and technological capacity-building.
The parties undertake to communicate on a regular basis to identify all priorities in the field of scientific and technological cooperation.
2. cooperation deals, inter alia, the following aspects: issues related to science and technology for poverty reduction programmes; exchanges in the field of science and technology policy; partnerships on research and innovation in order to contribute to economic cooperation and the creation of jobs; cooperation in the framework of global programmes of research and of the global research infrastructures; support of scientific and technological programmes for the African continent and its regions; enhancing multilateral dialogue and partnerships in the areas of science and technology; exploiting synergy between multilateral cooperation and bilateral scientific and technological; development of

human capital and global mobility of researchers; cooperation concerted and targeted in specific thematic areas of science and technology determined jointly by the parties."
(22) article 84 is amended as follows: a) at the end of paragraph 1, the words ", particularly in the context of the United Nations and other pregnant international." are added;
(b) after the words "the control of the quality of water", the words "air quality" are added;
"relating to the reduction of greenhouse gas emissions" are replaced by "related to the causes and effects of climate change".
(23) article 85 is replaced by the following: 'Article 85 Culture 1. General provision, political dialogue has) the parties undertake to cooperate in cultural terms, in order to promote mutual understanding and the knowledge of the (a) culture (s) of South Africa and the Member States of the European Union.
(b) the parties shall endeavour to establish a political dialogue in the field of culture, in particular about 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 fora (e.g. UNESCO) to enhance the protection and promotion of cultural diversity and to encourage intercultural dialogue at the international level.
3. cooperation and cultural exchanges the parties shall encourage cooperation in cultural activities, participation in events and cultural exchanges between cultural operators in South Africa and the European Union."
(24) the first paragraph of article 86 is replaced by the following: "1. the parties shall enter into a dialogue in the field of employment and social policy, bringing - not necessarily limited - on issues relating to the social problems of the post-apartheid society, the fight against poverty, decent work for all, social protection, unemployment" , gender equality, violence against women, children's rights, the disabled, the elderly, youth, labour, public health, safety in the workplace relations and population. "."
(25) article 90 is replaced by the following text: Article 90 Cooperation in the field of illicit drugs 1. Within the limits of their skills and their respective powers, the parties shall cooperate to ensure a balanced and integrated approach to the problem of narcotic drugs.
Policies and actions are intended to reduce the supply, trafficking and demand of illicit drugs, as well as to prevent the diversion of precursors.
2. the parties agree to the methods of cooperation necessary for the achievement of these objectives. The actions are based on the principles adopted during the special session of the General Assembly of the United Nations on drugs in 1998 and full respect for fundamental human rights. "."
(26) article 91 is amended as follows: a) the title is replaced by the following: "Protection of personal data";
(b) paragraph 1 is replaced by the following: "1. the parties shall cooperate to improve the level of protection of personal data in order to adapt it to international standards the most high such that, inter alia, the guidelines for the regulation of files computerized personal data, amended by the General Assembly Nations November 20, 1990" , and to facilitate the exchange of data in accordance with the national legislation in force in accordance with the highest international standards, including the protection of fundamental rights. ";
(c) paragraph 3 is deleted.
(27) the following articles shall be added: 'Article 91 (A) weapons of mass destruction and their delivery systems 1. Given the importance of the issues at stake for stability and security international, the parties agree to cooperate and to contribute to the strengthening of the multilateral disarmament and non-proliferation system and, in this context, to fight against the proliferation of all weapons of mass destruction and their delivery systems ensuring full compliance and implementation at national level of their obligations and respective commitments under the relevant treaties and agreements so than their other international obligations in this area.
2. the parties furthermore agree to cooperate and to contribute to the achievement of these objectives by: a) taking the necessary measures to sign or ratify all other relevant international instruments for disarmament and non-proliferation or accede, as appropriate, and fully implement all legally binding international instruments and comply with them;
(b) developing and maintaining a system of effective national controls of exports for controlling export and transit of goods related to weapons of mass destruction and the end-use of dual-use technologies, and providing for effective sanctions, including those based on the criminal law in the event of violation of the export control regime.
3. the parties agree that paragraphs 1 and 2 of the present article are an essential element of this agreement. The parties agree to hold a regular political dialogue which accompany and consolidate their cooperation in this area, within the framework of the principles laid down in the preamble.
"Article 91 (b) fight against terrorism 1. The parties condemn firmly all acts, methods and practices of terrorism in all their forms and manifestations, as being criminal and unjustifiable, regardless of the author and what that is the place where they are committed.
2. in addition, the parties acknowledge that it is not possible to defeat terrorism without also to fundamentally tackle the factors that favour its extension. The parties reaffirm their firm commitment to develop and implement comprehensive programmes of action to eliminate these factors.
The parties underline that the fight against terrorism must be conducted in full respect of international law, the rights of man and the rights of refugees, and that all measures must be based on the rule of law. The parties insist on the fact that effective measures to combat terrorism and the protection of human rights are not objectives conflicting but complementary and mutually reinforcing.
3. the parties underline the importance of the implementation of the global strategy of the United Nations against terrorism and their firm intention to work towards the achievement of this objective. They always have the will to achieve, as soon as possible, an agreement on the comprehensive convention of the United Nations on international terrorism.
4. the parties agree to cooperate to prevent and to prevent acts of terrorism in accordance with the Charter of the United Nations and international law, conventions and instruments, as well as in the context of their respective regulations and laws. This cooperation is carried out including: has) in the context of the implementation of resolution 1373 (2001) of the Security Council of the United Nations and other relevant resolutions of the United Nations, as well as conventions and international instruments in force;
(b) through an exchange of information on terrorist groups and their support networks, by mutual agreement and in accordance with international and national law;
(c) by Exchange of views on means and methods used to fight against terrorism, in particular on technical and training, and by Exchange of experiences in the field of the prevention of terrorism."
Article 91 c money laundering and financing of terrorism 1. The parties agree on the need to implement and to cooperate in order to prevent their financial systems from being used for money laundering from criminal activity, in general, and of 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 rules and the proper functioning of applicable standards and mechanisms to fight against money laundering and the financing of terrorism corresponding to international standards and, in particular, the recommendations of the Group of financial action task (force FATF)."
"Article 91 d fight against organised crime the parties agree to cooperate in combating organised crime and financial crime, including corruption." This cooperation shall, in particular, to implement and promote the standards and relevant international instruments, such as the United Nations convention against transnational organized crime and its additional protocols, and the United Nations convention against corruption."
"Article 91st small arms and small arms the parties recognize that the manufacturing, storage, possession and trade in illicit arms and light weapons and small arms, as well as their excessive accumulation and their uncontrolled spread continue to contribute significantly to instability and threaten the security, safety and sustainable development."

Accordingly, the parties agree to continue and to continue to develop close cooperation to prevent, combat and eradicate the illicit trade in light weapons and small arms in all its aspects mentioned in the programme of action of the United Nations (PANU) and to tackle the problem of the accumulation of these weapons. The parties agree to strictly observe and fully fulfil the obligations that their obligations under international law and the relevant conventions and the commitments they have made under relevant multilateral instruments."
"Article 91e mercenaries the parties undertake to establish a regular political dialogue and to cooperate in the prevention of the activities of mercenaries in accordance with the obligations that their obligations under the international conventions and instruments, as well as the laws and regulations adopted in fulfilment of these obligations."
"Article 91 G 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 to the International Criminal Court and its work."
The parties furthermore 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 91: Cooperation on immigration 1. Immigration is the subject of in-depth political dialogue reflecting the importance which the parties attach to this issue.
The parties reaffirm their commitment to respect the obligations imposed on them under international law to immigration issues when it comes to guarantee respect for the human rights and eliminate all forms of discrimination based particularly on origin, sex, race, language and religion.
2. in order to strengthen cooperation between the parties, this dialogue covers a large number of areas, including: a) fair treatment of foreign nationals legally residing in their territory, a policy of integration recognizing the same rights and obligations as their citizens, enhancing 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 resulting therefrom;
(b) in relation to the conditions of work, remuneration and dismissal, the treatment granted by the Member States of the EU to South Africans working legally on their territory must be equivalent to that of their own citizens. Similarly, South Africa providing non-discriminatory treatment comparable to citizens of the EU working legally on its territory.
c) visa issues of mutual interest, including the simplification of entry procedures for South African citizens travelling in the EU, as well as to nationals of the EU Member States who travel to South Africa.
d) the security of travel documents and identity issues;
(e) the links between migration and development, including: - strategies to reduce poverty, to improve the conditions of life and work, to create jobs and to develop appropriate skills - the ability for immigrants to participate more easily in the development of their countries of origin, - the cooperation to strengthen capacities, in particular in the health and education sectors , and to offset the negative impact of "brain drain" on sustainable development in South Africa, and - facilitating legally and quickly remittances on advantageous financial terms.
f) the development and implementation of legislation and national practices in international protection to comply with the provisions of the United Nations convention relating to 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 humans, particularly by combating the networks of smugglers and traffickers and protecting victims;
(h) important aspects related to the control at the borders, including the development of capacities, the training, the sharing of best practices and technical assistance;
i) all issues related to the return and readmission, including the need to returns in human and dignified conditions, as well as full respect for human rights, and to encourage voluntary returns.
3. has) in the context of the cooperation to prevent and reduce illegal immigration, the parties agree to readmit their illegal migrants. For this purpose:-each Member State of the EU accept the return of and readmission of any of its nationals illegally present on the territory of South Africa, at the request of the latter and without further formalities;
-the South Africa accept the return of and readmission of any of its nationals illegally present on the territory of a Member State of the EU at the request of the latter and without further formalities.
The Member States of the EU and the South Africa issue their nationals identification documents necessary 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 governing specific obligations for the readmission and return of their nationals. This agreement also provides, if the parties deem it necessary, to the provisions relating to the readmission of nationals of third countries and stateless persons. It shall specify the categories of persons covered by these arrangements as well as the modalities of their readmission and return. "."
(28) article 94 is replaced by the following: 'Article 94 non-reimbursable financial assistance in the form of non-repayable aid is covered by financial resources made available under the community development budget lines and international cooperation activities falling within the scope of these budget lines. The procedure used for the presentation and approval of the applications, their implementation and their monitoring and evaluation is consistent with the General conditions relating to the budget line in question. "."
(29) to Appendix IV of Protocol 1, the South African versions are amended as follows: 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" shall be replaced by "Die uitvoerder van die produkte gedek deur hierdie dokument (doeanemagtigingsno.
... "(1)) verklaar dat, behalwe waar duidelik anders aangedui word, hierdie produkte van... voorkeuroorsprong (2) is".
ARTICLE 2 this agreement is drawn up in duplicate in the languages 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, sesotho, setswana, siSwati, tshivenda the xitsonga, afrikaans, the isiNdebele, the isiXhosa and isiZulu, each of these texts being equally authentic.
SECTION 3(1). This agreement is approved by the community, the Member States and the Republic of South Africa, according to procedures which are specific to them.
2. the parties shall notify each other of the accomplishment of the corresponding procedures referred to in paragraph 1. The instruments of approval shall be deposited with the general Secretariat of the Council of the European Union.
ARTICLE 4 this Agreement shall enter into force the first day of the month following that during which the parties notify each other of the completion of the necessary procedures.
Made in Kleinmond, South Africa, on September 11, 2009.
Notes (1) _ small and medium-sized enterprises.
(2) the International Conference on financing for development held in Monterrey, Mexico, in March 2002, and led on the Monterrey consensus and a series of commitments for future funding of aid to development and the eradication of poverty in the world.
(3) World Summit on sustainable development.

List of signatories to a Treaty States countries / organizations Date Authentication Type of consent Date consent entry local force South Africa 2009-09-11 Notification 12/03/2010 Germany 11/09/2009 Austria 2009-09-11 Notification 23/06/2011 Belgium 2009-09-11 Notification 12/04/2013 Bulgaria 2009-09-11 Notification 2010-05-04 indeterminate Cyprus 11 / 09 / 2009 undetermined Denmark 11 / 09 / 2009 Notification 29 / 11 / 2011 Spain 11 / 09 / 2009 Notification 16 / 01 / 2012 Estonia 11/09/2009 indeterminate Finland 11/09/2009 Notification 23/01/2013 FRANCE 11/09/2009 indeterminate Greece 09/11/2009 Notification 21/01/2013 Hungary 11/09/2009 indeterminate Ireland 09-11-2009 Notification 04/06/2013 Italy 09-11-2009 Notification 31/01/2012 Latvia

09-11-2009 notification 11/03/2010 Lithuania 11/09/2009 indeterminate LUXEMBOURG 11/09/2009 Malta indeterminate indeterminate Netherlands 11/09/2009 09-11-2009 Notification 14/03/2011 Poland 11/09/2009 indeterminate PORTUGAL 09-11-2009 Notification 16/03/2011 Romania 09-11-2009 Notification 15/01/2013 United Kingdom 11/09/2009 indeterminate Slovakia 2009-09-11 Notification 2011-05-04 Slovenia 11/09/2009 Notification 2010-09-23 Sweden 2009-09-11 Notification 2010-01-29
CZECH REP. 09-11-2009 notification 2011-06-30