Machine Translation of "Law On Consent To: 1. Agreement Amending The Fourth Convention A.c.p.-C.e. Lomé On 15 December 1989, Final Act, And Prot..." (Belgium)

Law On Consent To: 1. Agreement Amending The Fourth Convention A.c.p.-C.e. Lomé On 15 December 1989, Final Act, And Protocol To The Fourth Convention A.c.p.-C.e. Of Lomé Following The Accession Of The Republic Of Austria, Of

Original Language Title: Loi portant assentiment à : 1. Accord portant modification de la quatrième Convention A.C.P.-C.E. de Lomé du 15 décembre 1989, Acte finale, et Protocole à la quatrième Convention A.C.P.-C.E. de Lomé à la suite de l'adhésion de la République d'Autriche, de

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belgiquelex.be - Carrefour Bank of Legislation

12 FEBRUARY 1998. - An Act to: 1. Agreement Amending the Fourth Convention A.C.P.-C.E. de Lomé of 15 December 1989, Final Act, and Protocol to the Fourth Convention A.C.P.-C.E. de Lomé following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed in Mauritius on 4 November 1995. - Two. Internal agreement between the representatives of the Governments of the Member States, gathered within the Council, on the financing and management of the assistance of the Community under the Second Financial Protocol of the Fourth Convention, A.C.P.-C.E., signed in Brussels on 20 December 1995 (1) (2) (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 following Acts will come out of their full effect:
1° Agreement Amending the Fourth Convention A.C.P.-C.E. de Lomé of 15 December 1989, Final Act and Protocol to the Fourth Convention A.C.P.-C.E. de Lomé following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed in Mauritius on 4 November 1995.
2° Internal agreement between the representatives of the Governments of the Member States, gathered within the Council, on the financing and management of the assistance of the Community under the Second Financial Protocol of the Fourth Convention, A.C.P.-C.E., signed in Brussels on 20 December 1995.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 February 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Economy,
E. DI RUPO
Minister of Finance and Foreign Trade,
Ph. MAYSTADT
The Secretary of State for Development Cooperation,
R. MOREELS
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) Session 1996-1997.
Senate
Documents. - Bill tabled on 29 April 1997, No. 1-615/1. - Report, no. 1-615/2. - Text adopted by the Commission, No. 1-615/3.
Annales parliamentarians. - Discussion. Session of 16 July 1997. - Vote. Meeting of 17 July 1997.
House of Representatives
Documents. - Project transmitted by the Senate, No. 1141/1.
Session 1997-1998:
House of Representatives
Documents. - Report, no. 1141/2.
Annales parliamentarians. - Discussion. Meeting of 13 January 1998. - Vote. Meeting of 15 January 1998.
(2) See also the Decree of the French Community of 22 December 1997 (Moniteur belge of 15 August 1998), the Decree of the Flemish Community/ Flemish Region of 17 March 1998 (Moniteur belge of 17 April 1998), the Decree of the German-speaking Community of 30 June 1997 (Moniteur belge of 14 January 1998), the Decree of the Walloon Region of 5 February 1998 (Moniteur belge of 27 February 1998) and l

Agreement Amending the Fourth ACP-EC Convention
signed in Mauritius on 4 November 1995
Preamble
SA MAJEST THE ROI DES BELGES,
I've got it.
THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
THE PRESIDENT OF THE HELLEN REPUBLIC,
I'm sorry.
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
SON ALTESSE ROYALE LE GRAND-DUC DU LUXEMBOURG,
SA MAJESTE LA REINE DES PAYS-BAS,
THE CHAIRMAN FEDERAL DE LA REPUBLIQUE D'AUTRICHE,
THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF FINLAND,
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 establishing the European Community of Coal and Steel and to the Treaty establishing the European Community, below referred to as the "Community" and the States referred to as "Member States",
and
THE EUROPEAN UNION COUNCIL AND THE COMMISSION OF EUROPEAN COMMUNITIES,
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 CENTRAFRAINE REPUBLIC,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF COMORES,
THE PRESIDENT OF THE REPUBLIC OF CONGO,
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 OF ETHIOPIA,
THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF FIDJI
THE PRESIDENT OF THE REPUBLIC GABONAISE,
THE PRESIDENT 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 REPUBLIC OF EQUATORIAL GUINEA,
THE PRESIDENT OF THE COOPERATIVE REPUBLIC OF GUYANE,
THE PRESIDENT OF THE REPUBLIC OF HAITI,
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 PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA
THE PRESIDENT OF THE REPUBLIC OF THE ILE MAURICE,
THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,
THE PRESIDENT OF THE NAMIBIA REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF NIGER,
THE STATUS OF THE FEDERAL REPUBLIC OF NIGERIA,
THE PRESIDENT OF THE REPUBLIC OF THE OGANDA,
SA MAJESTE LA REINE DE L'ETAT INDEPENDANT DE PAPOUASIE-NOUVELLE-GUINEE,
THE PRESIDENT OF THE REPUBLIC RWANDAISE,
SA MAJESTE LA REINE DE SAINT-CHRISTOPHE ET NEVIS,
SA MAJEST THE REINE OF SAINTE-LUCIE,
SA MAJESTS LA REINE DE SAINT-VINCENT ET DES GRENADINES,
THE OFFICE OF THE INDEPENDENT STATE OF THE OCCIDENTAL 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 OF THE SUDAN,
THE PRESIDENT OF THE REPUBLIC OF SURINAME,
SA MAJESTE THE ROI DU ROYAUME DU SWAZILAND,
THE PRESIDENT OF THE REPUBLIC OF TANZANIA,
THE PRESIDENT OF THE REPUBLIC OF TCHAD,
THE PRESIDENT OF THE
I'm the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one.
THE PRESIDENT OF THE REPUBLIC OF TRINITY AND TOBAGO,
I don't know.
THE GOVERNMENT OF VANUATU,
THE PRESIDENT OF THE SECURITY COUNCIL
THE PRESIDENT OF THE ZAMBIA REPUBLIC,
THE PRESIDENT OF THE ZIMBABWE REPUBLIC,
In view of the trafficking in the European Community and the Treaty establishing the European Coal and Steel Community, on the one hand, and the agreement of Georgetown establishing the group of African, Caribbean and Pacific States, on the other,
Given the convention,
Considering that article 366, paragraph 1^er, of the Convention provides that the agreement has been concluded for a period of ten years from 1^er March 1990;
Considering that, notwithstanding this provision, the possibility of amending the provisions of the Convention on the occasion of a midterm review was provided for in Article 366, paragraph 2, of the Convention;
Considering that Article 4 of the financial protocol to the Convention provides that a new financial protocol shall be entered into for the second five-year period covered by the convention;
Desiring to reaffirm their commitment to the principles of freedom, democracy and respect for human rights and fundamental freedoms and the rule of law, and wishing to make these principles an essential element of the revised Lomé convention;
Concerned about the serious deterioration of the trade performance of ACP States in recent years;
Recognizing that it is therefore imperative to give particular attention, within the framework of ACP-EC cooperation, to the development of trade as a fundamental element for self-sustained development;
Considering that it is also essential to ensure the effective, coordinated and consistent use of all the instruments proposed by the Convention for this purpose;
To enhance the quality and effectiveness of ACP-EC cooperation,
Decided to conclude this Agreement Amending the Convention and designated it as Plenipotentiaries:
SA MAJEST LE ROI DES BELGES :
Mr. Reginald MOREELS,
Secretary of State for Development Cooperation
I've got it.
Mr. Ole LONSMANN-POULSEN,
Secretary of State
THE PRESIDENT OF THE FEDERAL REPUBLIC GERMANY:
Mr. Werner HOYER,
Staatsminister, Ministry of Foreign Affairs
THE PRESIDENT OF THE HELLEN REPUBLIC:
Mr. Georges ROMAIOS,
- Deputy Minister for Foreign Affairs
SA MAJESTE LE ROI D'ESPAGNE :
Mr. Apolonio RUIZ LICERO,
Secretary of State for Trade
THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr. Jacques GODFRAIN,
Minister for Cooperation
THE PRESIDENT OF IRELAND:
Mr. Gerard CORR,
Director-General, Ministry of Foreign Affairs
THE PRESIDENT OF THE ITALIAN REPUBLIC:
Mr. Emanuele SCAMMACCA,
Secretary of State for Foreign Affairs
SON ALTESSE ROYALE LE GRAND-DUC DE LUXEMBOURG :
Mr. Georges WOHLFART,
Secretary of State for Foreign Affairs, Foreign Trade and Cooperation
SA MAJESTE LA REINE DES PAYS-BAS :
Mr. Sjoerd GOSSES,
Director General for European Cooperation
THE CHAIRMAN FEDERAL DE LA REPUBLIQUE D'AUTRICHE :
Ms. Benita FERRERO WALDNER,
State Secretary to the Federal Ministry of Foreign Affairs
THE PRESIDENT OF THE PORTUGAISE REPUBLIC:
Mr. José LAMEGO,
Secretary of State for Foreign Affairs and Cooperation
THE PRESIDENT OF THE FINLAND REPUBLIC:
Mr. Pekka HAAVISTO,
Minister of Environment and Development Cooperation
THE GOVERNMENT OF THE SUEDE ROYAUME:
Mr. Mats KARLSSON,
Assistant Secretary of State for International Development Cooperation
SA MAJESTE LA REINE DU ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD :
Lord CHESHAM,
Spokesperson for Foreign Affairs
THE EUROPEAN UNION COUNCIL AND THE COMMISSION OF EUROPEAN COMMUNITIES:
Mr. Javier SOLANA,
Minister for Foreign Affairs of the Kingdom of Spain, Chairman-in-Office of the Council of the European Union
Mr. Joao de Deus PINHEIRO,
Member of the Commission of the European Communities
THE PRESIDENT OF THE REPUBLIC OF ANGOLA:
Mr. Joao BAPTISTA KUSSUMVA,
Deputy Minister of Planning and Economic Coordination.
BARBUDA:
Mr. Starret D. GREENE,
Minister Counsellor
THE EAT OF THE COMMONWEALTH OF BAHAMAS:
Mr. Arthur A. FOULKES,
Ambassador Extraordinary and Plenipotentiary to the European Union
THE BARBADE STATE:
Mrs. Billie A. MILLER,
Deputy Prime Minister and Minister for Foreign Affairs, Tourism and International Transport
BELIZE:
Mr. Russell GARCIA,
Minister of Agriculture and Fisheries
THE PRESIDENT OF THE REPUBLIC OF BENIN:
Mr. Edmond CAKPO-TOZO,
Ambassador Extraordinary and Plenipotentiary to the European Union
THE PRESIDENT OF THE REPUBLIC OF BOTSWANA:
The Honourable Lieutenant General Mompati MERAFHE,
Minister for Foreign Affairs
THE PRESIDENT OF THE SECURITY COUNCIL
Mr. Youssouf OUEDRAOGO,
Ambassador Extraordinary and Plenipotentiary of the European Union
THE PRESIDENT OF THE REPUBLIC OF BURUNDI:
Mr. Gérard NIYIBIGIRA,
Minister of Planning
THE PRESIDENT OF THE CAMEROON REPUBLIC:
Mr. Justin NDIORO,
Minister of Economy and Finance
THE PRESIDENT OF THE REPUBLIC OF CAP-VERT:
Mr. José Luis ROCHA
Ambassador Extraordinary and Plenipotentiary to the European Union
THE PRESIDENT OF THE CENTRAL REPUBLIC:
Mr. Dogo NENDJE BHE,
Minister of Economy, Plan and International Cooperation
THE PRESIDENT OF THE FEDERAL REPUBLIC OF COMORES:
Mr. Mouzaoir ABDALLAH,
Minister for Foreign Affairs and Cooperation
THE PRESIDENT OF THE REPUBLIC OF CONGO:
Mr. Luc Daniel Adamo MATETA,
Minister Delegate to the Minister of Economy and Finance, responsible for the Budget and Coordination of Economy
THE PRESIDENT OF THE COTE-DIVOIRE REPUBLIC:
Mr. NIAMIEN,
Minister delegated to the Prime Minister, responsible for the economy, finances and plan
THE FIRST REPUBLIC OF DJIBOUTI:
Mr. Ali Abdi FARAH,
Minister of Industry, Energy and Mines
THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA:
Mr. N.M. CHARLES,
Minister of Trade and Marketing
THE PRESIDENT OF THE SECURITY COUNCIL
Mr. Angel LOCKWARD,
Secretary of State and national sponsor for the Lomé IV Convention
THE PRESIDENT OF THE ERITHREE ETAT:
Mr. BERHANE ABREHE,
Director of macroeconomic policy and international economic cooperation with the presidency.
THE PRESIDENT OF THE DEMOCRACY REPUBLIC D'ETHIOPIE :
Mr. Girma BIRU,
Minister of Economy, Development and Cooperation
THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF FIDJI:
Mr. Ratu Timoci VESIKULA,
Deputy Prime Minister and Minister of Agriculture, Fisheries and Forestry
THE PRESIDENT OF THE REPUBLIC GABONAISE:
Mr. Jean PING,
Minister Delegate to the Minister of Finance, Economy, Budget and Participation
THE PRESIDENT OF THE GAMBIA REPUBLIC:
Mr. Bala Garba JAHUMPA,
Minister of Finance and Economic Affairs
THE PRESIDENT OF THE REPUBLIC OF GHANA:
Mr. Alex Ntim ABANKWA,
Ambassador Extraordinary and Plenipotentiary to the European Union
I'm not sure.
Mr. Samuel ORGIAS,
Chargé d'affaires auprès de l'Union européenne
THE PRESIDENT OF THE REPUBLIC OF GUINEA:
Mr. Bobo CAMARA,
Ambassador Extraordinary and Plenipotentiary to the European Union
THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU:
Mr. Aristides GOMES,
Minister of Planning and Cooperation
THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL CUINE:
Mr. Aurélio MBA OLO ANDEME,
Head of Mission to the European Union
THE PRESIDENT OF THE COOPERATIVE REPUBLIC OF GUYAN:
Mr. Clement J. ROHEE,
Minister for Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF HAITI:
Mr. Jean-Marie CHERESTAL,
Minister of Planning and External Cooperation
THE STORY CHECK:
Mr. Anthony HYLTON,
Secretary of State for Foreign Affairs and Foreign Trade
THE PRESIDENT OF THE REPUBLIC OF KENYA:
Dr Philip Maingi MWANZIA,
Ambassador Extraordinary and Plenipotentiary to the European Union
THE PRESIDENT OF THE KIRIBATI REPUBLIC:
Mr. Peter Sobby TSIAMALILI,
Ambassador Extraordinary and Plenipotentiary of the Papua New Guinea Mission to the European Union
It's the same thing that I've done.
Mr. Moeketsi SENAOANA,
Minister of Finance and Economic Planning
THE PRESIDENT OF THE REPUBLIC OF LIBERIA:
Ms. Youngor TELEWODA
Chargé d'affaires auprès de l'Union européenne
THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR:
M. Bertrand RAZAFINTSALAMA,
Ambassador of Madagascar to the Republic of Mauritius
THE PRESIDENT OF THE REPUBLIC OF MALAWI:
Mr. F. Peter KALILOMBE,
Minister of Trade and Industry
THE PRESIDENT OF THE REPUBLIC OF MALI:
Mr. N'Tji Laïco TRAORE,
Ambassador Extraordinary and Plenipotentiary to the European Union.
THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA:
Mr. Achour ould SAMBA,
Secretary General of the Ministry of Planning
THE PRESIDENT OF THE REPUBLIC OF MAURICE:
Mr. Paramhamsa NABABSING,
Deputy Prime Minister and Minister of Economic Planning and Development
THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE:
Ms. Frances Victoria VELHO RODRIGUES,
Deputy Minister for Foreign Affairs and Cooperation
THE PRESIDENT OF THE NAMIBIA REPUBLIC:
Mr. Stanley WEBSTER,
Deputy Minister of Agriculture, Water Resources and Rural Development
THE PRESIDENT OF THE REPUBLIC OF NIGER:
Mr. Almoustapha SOUMAILA,
Minister of Finance and Planning
THE STATUS OF THE FEDERAL REPUBLIC OF NIGERIA:
Chief Ayo OGUNLADE,
Minister of National Planning
THE PRESIDENT OF THE REPUBLIC OF THE OGANDA:
Mr. M.N. RUKIKAIRE,
Minister of State for Finance and Economic Planning
SA MAJESTE LA REINE DE L'ETAT INDEPENDANT DE PAPOUASIE-NOUVELLE-GUINEE :
Mr. Moi AVEI,
Minister for National Planning
THE PRESIDENT OF THE REPUBLIC RWANDAISE:
Mr. Jean-Berchmans BIRARA,
Minister of Planning
SA MAJESTE LA REiNE DE SAINT-CHRISTOPHE ET NEVIS :
Mr. Edwin LAURENT,
Ambassador Extraordinary and Plenipotentiary of Saint Lucia to the European Union
SA MAJESTE LA REINE DE SAINTE-LUCIE :
Mr. Edwin LAURENT,
Ambassador Extraordinary and Plenipotentiary of Saint Lucia to the European Union
SA MAJESTS LA REINE DE SAINT-VINCENT ET DES GRENADINES :
Mr. Edwin LAURENT,
Ambassador Extraordinary and Plenipotentiary of Saint Lucia to the European Union
THE OFFICE OF THE INDEPENDENT STATE OF THE OCCIDENTAL SAMOA:
Mr. Tuilaepa S. MALIELEGAOI,
Deputy Prime Minister and Minister of Finance
THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF SAO TOME AND PRINCIPLE:
Mr. Guilherme POSSER da COSTA,
Minister for Foreign Affairs and Cooperation
THE PRESIDENT OF THE REPUBLIC OF SENEGAL:
Mr. Falilou KANE,
Ambassador Extraordinary and Plenipotentiary to the European Union
THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES:
Mrs. Danielle of ST. JORRE,
Minister for Foreign Affairs, Planning and the Environment
THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE:
Mr. Victor O. BRANDON,
Secretary of State for Development and Economic Planning
I'm sure she's the one who's got it.
Mr. David SITAI,
Minister of National Plan and Development
THE PRESIDENT OF THE SECURITY COUNCIL
Mr. Abdalla Hassan AHMED,
Minister of Finance.
THE PRESIDENT OF THE REPUBLIC OF SURINAME:
Mr. Richard B. KALLOE,
Minister of Trade and Industry
I'm not sure if I'm going to take it.
Mr. James Majahenkhaba DLAMINI,
Minister of Trade and Industry
THE PRESIDENT OF THE REPUBLIC OF TANZANIA
Mr. Mr. T. KIBWANA,
Commissioner of the Ministry of Finance, External Finance Officer
THE PRESIDENT OF THE TCHAD REPUBLIC:
Ms. Mariam Mahamat NOUR,
Minister of Planning and Cooperation
THE PRESIDENT OF THE
Mr. Elliott Latevi-Atcho LAWSON,
Ambassador Extraordinary and Plenipotentiary to the European Union
I'm the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one who's the one.
Mr. Sione KITE,
Ambassador Extraordinary and Plenipotentiary to the European Union
THE PRESIDENT OF THE REPUBLIC OF TRINITY AND TOBAGO:
Mr. Lingston CUMBERBATCH,
Ambassador Extraordinary and Plenipotentiary to the European Union
I'm not sure.
Mr. Kaliopate Tavola,
Ambassador Extraordinary and Plenipotentiary of Fiji to the European Union
THE GOVERNMENT OF VANUATU:
Mr. Serge VOHOR,
Minister of Economic Affairs
THE PRESIDENT OF THE SECURITY COUNCIL
Mr. MOZAGBA Ngbuka,
Deputy Prime Minister and Minister of International Cooperation
THE PRESIDENT OF THE ZAMBIA REPUBLIC:
Mr. Dipak K.A. PATEL,
Minister of Trade and Industry
THE PRESIDENT OF THE ZIMBABWE REPUBLIC:
Mr. Denis NORMAN,
Minister of Agriculture
Which, after having exchanged their full powers recognized in due form,
The following provisions have been agreed:
In accordance with the procedure set out in article 366, the fourth ACP-EC Convention is amended by:
A. IN ALL THE CONVENTION:
1. the words "European Economic Community" are replaced by the words "European Community", the eagle "EC" is replaced by the eagle "EC" and the terms "European Community Council" are replaced by the words "European Union Council";
2. the term "supervised" is replaced by the words "head of delegation".
B. PREAMBULE:
3. In the preamble, the following text is inserted as seventh considering:
" Desiring to further strengthen their ties through strengthened political dialogue and its expansion to foreign policy and security issues and issues and those of general interest and/or common interest to a group of countries; »
C. PART I - GENERAL PROVISIONS OF ACP-EC COOPERATION
4. In section 4, the following paragraph is added:
"In support of the development strategies of ACP States, the objectives and priorities of the Community's cooperation policy and the development policies and priorities of ACP States are taken into account."
5. Section 5 is replaced by the following text:
“Article 5. - 1. Co-operation is aimed at a development that focuses on human beings, their actor and the principal beneficiary, therefore posts the respect and promotion of all human rights. Co-operation activities are part of this positive perspective, where respect for human rights is recognized as a fundamental factor in real development and where cooperation itself is conceived as a contribution to the promotion of these rights.
In such a way, development policy and cooperation are closely linked to the respect and enjoyment of human rights and fundamental freedoms, as well as to the recognition and application of democratic principles, the consolidation of the rule of law and good governance. The role and potential of individual and group initiatives are also recognized in order to ensure concrete participation of populations in the development process, in accordance with Article 13. In this context, cooperative actions include the objective of ensuring good governance.
Respect for human rights, democratic principles and the rule of law, on which relations between ACP States and the Community are based, as well as all the provisions of this Convention, and which inspires the internal and international policies of the Contracting Parties, is an essential element of this Convention.
2. Accordingly, the contracting parties reaffirm their deep commitment to dignity and human rights, which constitute legitimate aspirations of individuals and peoples. The rights in question are all human rights, the various categories of human rights being indivisible and interdependent, each having its own legitimacy: non-discriminatory treatment; human rights; Civil and political rights; Economic, Social and Cultural Rights
Each individual is entitled, in his or her own country or in a host country, to respect his or her dignitary and to the protection of the law.
ACP-EC cooperation contributes to the elimination of obstacles that prevent the full and effective enjoyment by individuals and peoples of their economic, social, political and cultural rights through development, which is essential to their dignity, well-being and development.
The contracting parties reaffirm their obligations and their commitment under international law to endeavour to eliminate all forms of discrimination based on ethnicity, origin, race, nationality, colour, sex, language, religion or any other situation. This commitment is particularly relevant to any situation in ACP States or the Community, which may have a negative effect on the objectives of the convention. The Member States of the Community (and/or, if applicable, the Community itself) and the ACP States continue to ensure, within the framework of the legal or administrative provisions they have or have adopted, that migrant workers, students and other foreign nationals legally located in their territory are not discriminated against on the basis of racial, religious, cultural or social differences, especially with regard to health, housing, education and
3. At the request of ACP States, financial means can be allocated, in accordance with the rules of cooperation for the financing of development, to the promotion of human rights in ACP States, as well as to the support of democratization measures, the strengthening of the rule of law and good governance. Concrete actions to promote human rights and democracy, both public and private, in particular in the legal sphere, can be implemented in conjunction with organizations whose competence in this field is internationally recognized.
In addition, in order to support institutional and administrative reforms, the resources provided for this purpose in the financial protocol can be used to complement the measures taken by the ACP States concerned, within the framework of their indicative programme, in particular in the preparation and start-up phase of the projects and programmes concerned. "
6. In section 6, paragraph 2 is replaced by the following text:
“2. The contracting parties recognize the priority to be given to the protection of the environment and the conservation of natural resources, which are essential for sustainable and balanced development both economically and humanly. They also recognize the importance of promoting, in ACP States, an environment conducive to the development of the market economy and the private sector. »
7. The following article 6bis is inserted:
“Article 6bis. - The contracting parties recognize the fundamental importance of trade to boost the development process. The Community and ACP States therefore agree to give a special priority to the development of trade, in order to accelerate the growth of the economies of ACP States and to integrate them in a harmonious and progressive manner in the world economy. To this end, sufficient resources must be allocated to the expansion of ACP trade."
8. Section 12 is replaced by the following text:
“Article 12. - Without prejudice to Article 366bis, where the Community considers, within the framework of its competence, to take a measure likely to affect, under the purposes of this Agreement, the interests of the ACP Kerats, it shall inform them in due course. To this end, the Commission simultaneously communicates to the Secretariat of ACP States its proposals 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 the latter, consultations are held at a short time so that, prior to the final decision, their concerns about the impact of these measures can be taken into account.
After these consultations, ACP States may, moreover, communicate their concerns in writing to the Community as soon as possible and submit 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.
ACP States also receive adequate information on the entry into force of these decisions; in advance to the extent possible. »
9. The following article 12bis is inserted:
“Article 12bis. - Recognizing that decentralised cooperation actors can make a positive contribution to the development of ACP States, the contracting parties agree to intensify their efforts to encourage the participation of ACP and Community actors in cooperation activities. To this end, the resources of this Convention may be used to support decentralized cooperation activities. These activities must be in line with the priorities, directions and development strategies defined by ACP states."
10. The following article 15bis is inserted:
"Article 15bis. - Trade development aims to promote, diversify and increase the trade of ACP States and improve their competitiveness in their domestic markets, the regional market, the intra-ACP market, the community market and the international market. The contracting parties undertake to use all means that this Convention provides to them, including those of trade cooperation and those of financial and technical cooperation, to achieve this objective. They also agree to implement the provisions of this Convention in a coherent and coordinated manner. »
11. Articles 20, 21 and 22 are deleted.
12. In section 30, the following paragraph 3 is added:
“3. In addition, the Council of Ministers continues an expanded political dialogue. To this end, the contracting parties organize themselves to enable effective dialogue.
This dialogue may also take place outside this framework, depending on a geographical or other composition adapted to the themes to be addressed, when the contracting parties consider it useful. »
13. In section 32, paragraph 1^er is replaced by the following:
“1. The parity assembly is composed, in equal numbers, on the one hand, of members of the European Parliament for the Community and, on the other, of parliamentarians or, if not, of representatives designated by the ACP State Parliament concerns. In the absence of parliament, the participation of a representative is subject to the prior approval of the parity assembly. "
PART II - COOPERATION ACP-EC
14. In section 50, the following paragraph 3 is added:
“3. Specific agreements referred to in paragraph 2 shall not jeopardize the production or exchange flows of ACP regions."
15. In section 51, second paragraph, items (b), (c) and (e) are replaced by the following text:
"(b) where food aid products are sold, they must be sold at a price that does not disorganize the national market or hinder the development and development of regional exchanges of products considered. The resulting counterpart funds are used to finance the implementation or operation of projects or programmes that prioritize rural development; these funds may also be used for all purposes justified and accepted by mutual agreement, taking into account section 226, point d);
(c) where the products provided are distributed free of charge, they must contribute to the realization of nutritional programmes targeting, in particular, vulnerable groups of the population or be delivered in remuneration for work and take into account the exchange flows of the ACP States concerned and the region;
(e) the products provided must be the priority for the needs of beneficiaries. In their choice, they should take into account, inter alia, their specific nutritional quality and the consequences of this choice on consumption habits and on the development of internal and regional exchanges; »
16. Section 87 is replaced by the following text:
“Article 87. - 1. The Committee of Ambassadors designates the members of the industrial cooperation committee, oversees its activities and determines its composition and the modalities of its functioning.
2. The industrial cooperation committee is reviewing the progress made in the implementation of the ACP-EC industrial cooperation policy. With respect to the Centre for Industrial Development, below referred to as "CDI", the committee is responsible for reviewing and approving:
(a) the overall strategy of the Commission;
(b) the distribution on an annual basis of the overall staffing provided for in section 3 of the second financial protocol;
(c) the budget and annual accounts of the Commission.
3. The Industrial Cooperation Committee reports to the Committee of Ambassadors. In addition to the above-mentioned tasks, it performs the tasks assigned to it in its operating procedures and any other tasks assigned to it by the Committee of Ambassadors. »
17. Article 88 is deleted.
18. Section 89 is replaced by the following text:
“Article 89. - 1. The Commission contributes to the creation and strengthening of ACP States, including encouraging joint initiatives by the economic operators of the Community and ACP States. It demonstrates selectivity in the choice of its tasks, focusing on opportunities to create common businesses and to engage in subcontracting activities.
2. The Commission:
(a) in order to ensure its effectiveness, concentrates on ACP States:
(i) having identified support for industrial development, or to the private sector in general, in their indicative programmes under article 281 (2) (b) and (c);
(ii) having obtained other institutions of the Community from financial competitions and assistance to promote and develop the private and/or industrial sector;
(b) carry out its activities as part of the implementation of the industrial or private development support programmes established by the ACP States referred to in (a) to ensure the implementation of their indicative programme;
(c) Strengthens its operational presence in the ACP States referred to in (a) in particular with regard to the identification of projects and promoters, and assistance in the presentation of these projects to the funding institutions;
(d) gives priority to the identification of operators with small and medium-sized viable industrial projects and assists them in the promotion and implementation, when meeting the needs of the ACP States concerned.
3. The Commission, the European Investment Bank (hereinafter referred to as the Bank) and the Commission maintain operational cooperation within their respective jurisdictions. To this end and to ensure the coherence of community actions in favour of the private sector in general and the industrial sector in particular in the ACP States referred to in paragraph 2 (a), the Commission, in consultation with the Bank and in liaison with the Commission, prepares programmes to support these sectors, including guidelines for the strategy to be followed. »
19. Section 91 is replaced by the following text:
"Article 91. - The Commission is headed by an assisted director of an Assistant Director, recruited on the basis of their professional qualifications, technical skills and management experience, in accordance with the provisions of Annex XIV, and both appointed by the Industrial Cooperation Committee. The Commission's management is responsible for implementing the guidance set by this committee and is accountable to the Board of Directors. »
20. Section 92 is replaced by the following text:
“Article 92. - 1. The Industrial Cooperation Committee appoints the members of the Board of Directors of the Commission, oversees its operation and determines its composition and operating procedures. The Board of Directors is composed of six independent and highly qualified members, with a very large experience of industrial cooperation and designated on the basis of the principle of parity between the ACPs and the Community. The Commission, the Bank, the ACP Secretariat and the Council Secretariat shall each send a representative, who participates in its work as an observer.
2. The Board of Directors:
(a) submit to the Industrial Cooperation Committee, for consideration and approval, proposals for the overall strategy of the Commission, its annual budget and annual accounts, to be adopted on the basis of proposals made by the Commission ' s management;
(b) approves, on the proposal of the Director of the Commission, multi-year and annual activity programs, annual report, organizational structure, personnel policy and organizational chart;
(c) Ensure that the overall strategy and annual budgets approved by the Industrial Cooperation Committee are effectively and timely implemented by the Commission ' s management.
3. The Board of Directors shall, in addition to the above-mentioned tasks, perform the tasks assigned to it in its terms of operation and any other tasks assigned to it by the Industrial Cooperation Committee. The Board of Directors periodically reports to the Industrial Cooperation Committee on the problems encountered in the performance of its duties.
21. In section 93, paragraph 3 is replaced by the following text:
“3. The status of the Commission, its rules of procedure, its financial regulations and the regime applicable to its staff are decided by the Committee of Ambassadors after signing the second financial protocol. »
22. Articles 94, 95 and 96 are deleted.
23. In section 129, the number "1" is inserted in limin to the single paragraph and the following paragraphs 2 and 3 are added:
“2. In order to contribute to the promotion and development of ACP maritime trade, Contracting Parties may, within the framework of the implementation of cooperation for financing for development, pay particular attention, within existing instruments, to measures to facilitate and encourage access by ACP marine operators to the resources provided for in this Convention, including with respect to projects and programmes designed to improve the competitiveness of their marine services.
3. The Community may provide assistance in the form of risk capital and/or loans from the Bank in the financing of projects and programmes in the sectors covered by this Article. »
24) Section 135 is replaced by the following text:
“Article 135. - In order to achieve the objectives set out in Article 15bis, the Contracting Parties shall implement actions for the development of trade, from the stage of the design to the final stage of the distribution of the products.
The purpose of these actions is to ensure that ACP States maximize the benefits of the provisions of this Convention and can participate in the most favourable conditions in the markets of the Community and in the domestic, subregional, regional and international markets, diversifying the range and increasing the value and volume of trade of ACP States of goods and services.
To this end, ACP States and the Community undertake to ensure that a particular priority is given to trade development programmes in the context of the establishment of national and regional programmes under Article 281 and in other relevant provisions of this Convention. »
25. In section 136, paragraphs 1^er and 2 are replaced by the following:
“1. In addition to the development of trade between ACP States and the Community, special attention is given to actions to increase the autonomy of ACP States, to develop intra-ACP and international trade and to develop regional cooperation in trade and services.
2. Within the framework of the instruments provided for in this Convention and in accordance with the provisions adopted in respect of them, the actions undertaken at the request of ACP States and ACP regions relate mainly to:
- support for the development of macroeconomic policies needed for trade development;
- support for the establishment or reform of appropriate legislative and regulatory frameworks and the reform of administrative procedures;
- the development of coherent business strategies;
- support to ACP States to develop their internal capacities, information systems and perception of the role and importance of trade in economic development;
- support for the strengthening of trade-related infrastructure, including the efforts of ACP States to develop and improve the infrastructure of support services, including transport and storage facilities, to ensure their effective participation in the distribution of goods and services, and to increase the flow of exports of ACP States;
- the development of human resources and the development of professional skills in the field of trade and services, in particular in the sectors of transformation, marketing, distribution and transport at the level of the community market, the regional market and the international market;
- supporting the development of the private sector and, in particular, small and medium-sized enterprises, for the identification and development of products, opportunities and joint export-oriented enterprises;
- support for ACP actions aimed at encouraging and attracting private investment and the activity of common enterprises;
- the creation, adaptation and strengthening of trade and services development bodies in ACP States, paying special attention to the special needs of the least developed, landlocked and island ACP States;
- support for the efforts of ACP States to improve the quality of their products, to adapt them to market needs and to diversify their opportunities;
- support to ACP States ' efforts to enter third countries ' markets more effectively;
- trade development measures, including the intensification of contacts and exchange of information between the economic operators of the ACP States, the member states of the Community and third countries;
- support to ACP States for the application of modern marketing techniques in sectors and programmes focused on production in areas such as rural development and agriculture. »
26. In section 136, paragraph 4, of the English version, the term " should" is replaced by the term "may" (only the English text).
27. Section 141 is replaced by the following text:
“Article 141. - 1. The ACP-EC Foundation for Cultural Cooperation and other specialized agencies can contribute to the implementation of the objectives of this title in the field of theirs.
2. With regard to cultural cooperation, the following areas are covered:
(a) Studies, research and action on cultural aspects relating to the cultural dimension of cooperation;
(b) Studies, research and action to promote the cultural identities of ACP populations and any initiative that contributes to intercultural dialogue. »
28. In section 159, item (j) is replaced by the following text:
"(j) support, at the request of the ACP States concerned, actions and structures that promote the coordination of sectoral policies, including trade development, and structural adjustment efforts; »
29 . Article 164, paragraph 1^er(d) is replaced by the following:
"(d) requests for funding for intra-ACP regional cooperation actions may be submitted by the ACP Council of Ministers or, by specific delegation by the ACP Committee of Ambassadors. In this spirit, the Community shall inform ACP States, at the beginning of the period covered by the second financial protocol, of the amount of financial resources available for intra-ACP regional cooperation; »
E. PART III - THE INSTRUMENTS OF ACP-EC COOPERATION
30. In section 167, paragraph 2 is replaced by the following text:
“2. In pursuit of this objective, a particular interest is to obtain additional effective benefits for the trade of ACP States with the Community as well as for the improvement of the conditions of access of their products to the market, in order to accelerate the pace of growth of their trade and in particular the flow of their exports to the Community as well as to ensure a better balance of trade between the contracting parties and thus accelerate their exports to the Community. »
31. Paragraph 1^er is replaced by the following:
“1. If the application of this chapter causes serious disruption in an economic activity area of the Community or one or more Member States or compromise their external financial stability, or if difficulties arise, which may result in the deterioration of an area of activity of the Community or of a region of it, the Community may take measures to safeguard. These measures are notified to the Council of Ministers without delay. »
32. In section 178, paragraph 3 is replaced by the following text:
“3. However, the prior consultations provided for in paragraphs 1^er and 2 do not impede immediate decisions that the Community may make pursuant to Article 77, paragraph 1^erwhere special circumstances have made such decisions necessary. »
33. In section 181, paragraph 2, item 4) is replaced by the following text:
"4) where the Community takes safeguards in accordance with Article 177, consultations may take place within the Council of Ministers on these measures, at the request of interested Contracting Parties, in particular with a view to ensuring compliance with Article 177, paragraph 3. »
34. Article 187, paragraph 1^er, item 24 of the table is replaced by the following text:
“24. Fresh Bananas 0803 00 11 and 19 »
and the following point 50 is added:
"50. Caracul skin: ex 4301 30 00; ex 4302 13 00; ex 4302 30 31. »
35. In section 193, the following item 4 is added:
“4. amounts from the application of section 366bis, paragraph 3, first paragraph. »
36. In section 194, the following paragraph 5 is added:
« 5. Apart from the reduction provided for in paragraph 2, there is no further reduction as a result of the insufficient resources of the system when, for less developed or landlocked ACP States, the reduced transfer base in accordance with paragraph 2 is less than 2 million, and for island ACP States, where it is less than 1 million. »
37. Section 203 is replaced by the following text:
“Article 203. - 1. If the exam:
(a) the production marketed in the year of application in relation to the reference period, or.
(b) the share of total exports in commercialized production for the same period, or
(c) from exports to the Community in total exports for the same period, or
(d) the sum of the figures referred to in (b) and (c),
shows a significant decrease, consultations are held between the Commission and the ACP State concerned to determine whether the transfer base must be maintained or reduced and, if reduced, to what extent.
2. For the purposes of paragraph 1^era decrease is deemed to be significant if it is at least 20%. »
38. In section 209, paragraph 4 is replaced by the following text:
“4. When an adjustment program is in place, including operations for the restructuring of production and export activities or diversification, the use of resources is in line with these efforts and in support of any coherent policy of reforms. »
39. Paragraph 1^er is replaced by the following:
“1. Upon signature of the transfer agreement referred to in Article 205, paragraph 2, the amount of this transfer shall be paid in an interest-bearing account, open in a Member State, for which the presentation of two signatures, that of the ACP State and that of the Commission, are required. Interest is credited to this account. »
40. In section 220, the following point (p) is added:
"(p) provide assistance to the definition and implementation of trade policies and programmes that promote the harmonious and progressive integration of ACP States into the world economy. »
41. Article 224
- point (d) is replaced by the following:
"(d) budgetary support to mitigate internal financial constraints:
(i) either directly, for ACP States with convertible and freely transferable currency,
(ii) indirectly, through the use of counterpart funds generated by the various community instruments; »
- point (i) is replaced by the following:
"(i) the additional human and material resources supported by ACP States, which relate exclusively to what is strictly necessary for the effective and effective administration and supervision of projects and programmes funded by the European Development Fund, as described below as "Funds";
- the following point (m) is added:
"(m) support for institutional and administrative reforms in the context of democratization and the rule of law. »
42. In section 230 paragraph 2, item (g) is replaced by the following text:
"(g) the actors of the decentralized cooperation of ACP States and the Community, in order to enable them to undertake economic, cultural, social and educational projects and programmes in ACP States, within the framework of decentralized cooperation. »
43. In section 233, paragraph 4 is replaced by the following text:
“4. Where financial assistance is granted by an intermediary to the final beneficiary or directly to a final beneficiary of the private sector:
(a) the terms and conditions for granting these funds through the final recipient or directly to a final beneficiary of the private sector are set out in the funding agreement or loan agreement;
(b) any financial margin returning to the intermediary as a result of this transaction or as a result of direct loan transactions to a final beneficiary in the private sector is used for development under the conditions provided for in the funding agreement or loan agreement, after taking into account administrative costs, financial and currency risks and the cost of technical assistance provided to the final beneficiary. »
44. Article 234:
- the introductory part is replaced by the following text:
“1. Risk capital can be used in the form of loans, equity investments or other competitions in near-clean terms: ";
- in paragraph 1^erthe following point (b)bis is inserted:
"b)bis. Virtually clean competitions can consist of shareholder advances, convertible bonds, participatory loans or any other similar form. »;
- in paragraph 1^er, point (c) is replaced by the following:
"(c) The conditions applicable to risk capital transactions depend on the characteristics of each project or program and are generally more favourable than those applicable to secured loans. For loans to the ACP State or the intermediary, the interest rate is in no way more than 3%. »;
- in paragraph 1^erthe following points (c)bis and (c)ter are inserted:
"c)bis. Resources may be used to promote investments, including pre-investment funding, as provided for in section 268, paragraph 1^er(g) In this case, loans are refunded only if the investment is made.
(c)ter. With regard to participation or other competitions in quasi-fields, they are paid on the basis of the project or programme performance, and the benefits generated are shared between the Community and the stakeholders involved in the project or programme. »;
- in paragraph 2, item (b) is replaced by the following:
"(b) in the event of financing by small and medium-sized enterprises (SMEs) at risk, the exchange risk is divided between the Community on the one hand, and the other parties involved on the other. On average, the exchange risk is divided equally. »
45. In section 235, the following point (b)bis is inserted:
"b)bis. In the event of direct private sector funding for strictly commercial projects, the rate of bonus referred to in (b) does not apply to loans granted to non-ACP borrowers or majority non-ACP non-ACP corporations; »
46. In section 236, item (a) is replaced by the following text:
"(a) contributes, through the resources it manages, to the economic and industrial development of ACP States at the national and regional level; To this end, it prioritizes productive projects and programs or other investments aimed at the promotion of the private sector, in the industry, agro-industry, tourism, mines, energy, and transport and telecommunications related to these sectors. These sectoral priorities do not exclude the Bank's ability to finance, on its own resources, productive projects and programmes in other sectors" including industrial crops; »
47. In section 243, the number "1." is inserted in limin to the single paragraph and the following paragraph 2 is added:
“2. ACP States and the Community also recognize the need to encourage reform programmes at the regional level so that, in the preparation and implementation of national programmes, due consideration is given to regional activities that have an impact on national development. To this end, support for structural adjustment also aims to:
(a) integrate, from the beginning of the diagnosis, measures to promote regional integration and take into account the effects of cross-border adjustments;
(b) support the harmonization and coordination of macroeconomic and sectoral policies, including fiscal and customs policies, with a view to achieving the dual objective of regional integration and structural reform at the national level;
(c) Encourage and support the implementation of sectoral reform policies at the regional level;
(d) promote trade and payments liberalization and cross-border investment. »
48. In section 244, item (c) is replaced by the following text:
"(c) aid supports the ACP state's priority development objectives, such as agricultural and rural development, food security, TCDT, trade development and environmental protection, and contributes to the relief of debt charges; "
49. Article 246, paragraph 1^er, introductory part is replaced by the following text:
“1. All ACP states are in principle eligible to support structural adjustment, subject to the extent of the reforms undertaken or envisaged at the macro-economic or sectoral level, taking into account their regional context, their effectiveness and their possible impact on the economic, social and political dimension of development, and according to the economic and social difficulties faced by these States, as they can be valued by such indicators."
50. Article 247:
- paragraph 2 is replaced by the following:
“2. This support to the adjustment effort takes the form:
(a) sectoral or general import programs, in accordance with Article 224, item (c) and Article 225;
(b) budgetary assistance, in accordance with section 224, item (d);
(c) technical assistance related to structural adjustment support programs. »;
- Paragraph 4 is replaced by the following:
“4. Structural adjustment support is implemented in a flexible manner by applying the following instruments, depending on the circumstances:
(a) for countries undertaking macro-economic reforms, the most appropriate instrument is normally the general import programme consistent with the concept of support for adjustment defined in this Agreement;
(b) budgetary support to assist ACP States in improving the implementation of their budgets in terms of integrity, efficiency and equity;
(c) a sectoral import programme may be implemented in support of a sectoral adjustment programme or in case of macroeconomic reforms to achieve a more pronounced sectoral impact. »;
- the following paragraph 5 is added:
« 5. The instruments provided for in paragraph 4 may also be used, in the same manner, to support eligible ACP States within the meaning of Article 246, which implement reforms aimed at intra-regional economic liberalization, involving net transitional costs. »
51. In section 248, item (c) is replaced by the following text:
"(c) ensures as wide and transparent access as possible from ACP State operators to the resources of the programme and the procedures for appeal of charters that are consistent with the administrative and commercial practices of the State concerned, while ensuring the best value/price ratio for imported goods and the necessary coherence with the progress made at the international level to harmonize the procedures for supporting structural adjustment; »
52. In Title III, Chapter 2, the following section 4bis is inserted:
“Section 4bis
Decentralized cooperation
Article 251 A. -1. In order to strengthen and diversify the foundations of the long-term development of the ACP States and in order to encourage the development and mobilization of the initiatives of all the actors of the ACP States and the Community that could contribute to the autonomous development of the ACP States, ACP-EC cooperation supports, within the limits set by the ACP States concerned, these development actions within the framework of decentralized cooperation, including in the form of homologous conjunctions of the ACP States In particular, this form of cooperation aims to bring to the service of the development of ACP States the skills, innovative modes of action and resources of the actors of decentralized cooperation.
2. The actors referred to in this article are decentralised public authorities, rural and village groups, cooperatives, trade unions, educational and research institutions, non-governmental development organizations, other associations, groups and actors capable and willing to make, on their own initiative, their contribution to the development of ACP States, provided that these entities and/or these actions are not for profit.
Article 251 B. - 1. Within the framework of ACP-EC cooperation special efforts are made to encourage and support the initiatives of ACP actors and, in particular, to strengthen their competences. Co-operation supports, under these conditions, the activities that ACP actors undertake alone or in association with their counterparts in the Community, which make available their skills and experience, their technological capacities and their organisational resources.
2. Decentralised cooperation encourages the actors of ACP States and the Community to provide complementary financial and technical means to support the development effort, including the partnership between these actors. It fears to support decentralized cooperation activities through financial and/or technical support financed from the resources provided for in this Convention, under the conditions set out in articles 251 C, 251 D and 251 E.
3. This form of cooperation is organized in accordance with the role and responsibilities of the public authorities of ACP States
Article 251 C. - 1. Decentralized cooperation actions can be supported through the financial resources of the indicative programme or counterpart funds. This support is provided to the extent necessary for the successful implementation of the proposed actions, provided that the sustainability of the proposed actions is established in accordance with the provisions on cooperation for development financing.
2. Projects or programmes in this form of cooperation may or may not relate to programmes implemented in the focus areas of the indicative programs, but may be a means of achieving the specific objectives set out in the indicative program or those resulting from initiatives by actors of decentralized cooperation.
Article 251 D. - 1. Projects and programmes undertaken within the framework of decentralized cooperation must be submitted to ACP States for approval. These projects and programmes are funded through contributions:
(a) of the Fund, in which case the contribution does not exceed, as a general rule, the three-quarters of the total cost of the project or programme and cannot exceed 300,000 ECUs. The amount representing the Fund ' s contribution is derived from the national or regional indicative programme grants;
(b) actors of decentralized cooperation, provided that the financial, technical, material or other resources made available by these actors are not, in general, less than 25 per cent of the estimated cost of the project or programme, and
(c) on an exceptional basis, the ACP State concerned, either in the form of a financial contribution or through the use of public equipment or the provision of services.
2. The procedures for projects and programmes funded under decentralized cooperation are those defined in Chapter 5 of this title and, in particular, those referred to in Article 290.
Article 251 E. - In addition to the possibilities offered to the actors of decentralized cooperation in this section, Articles 252 and 253 relating to micro-realizations, Article 278 paragraph 2 (c) on projects falling within the framework of technical cooperation and Article 300 relating to emergency assistance, ACP States may request or approve the participation of the actors of decentralized cooperation to the implementation of other projects and »
53. In section 254, the following paragraph 3 is added:
“3. In the event that the resources provided for an operation under the provisions of this article are insufficient to deal with the emergency situation, some of the resources of the national indicative programme, not incurred due to the inability of the concerned ACP State to sign or implement its indicative programme, may be deployed in favour of its population for emergency assistance, humanitarian aid or post-state rehabilitation
54. In section 274, the following paragraph 3 is added:
“3. For the purposes of Chapter 5, Section 5, of this title, the enterprises of the Member States shall include the enterprises of the PTOM. »
55. Section 281 is replaced by the following text:
“Article 281. - 1. At the beginning of the period of application of the second financial protocol:
(a) the Community shall give each ACP State a clear indication of the total indicative programmable financial envelope that it may; have all other useful information during this period;
(b) each ACP State eligible for the specific resources allocated to support the adjustment in accordance with Article 246 shall be notified of the estimated amount of the first tranche to which it may benefit;
(c) Each ACP State obtains from the Bank a comprehensive indication of its own and risk capital resources during that period.
2. After receiving the information referred to in paragraph 1^ereach ACP State shall prepare and submit to the Community a draft indicative programme on the basis and in accordance with its development objectives and priorities. The draft indicative programme indicates:
(a) the priority development objectives of the ACP State concerned at the national and regional level;
(b) the sector(s) on which support should be concentrated, with a focus on poverty alleviation and sustainable development, and the resources to be mobilized for that purpose;
(c) proposals for the development of the private sector and/or the industrial sector to which the ACP State envisages which can be devoted to capital at risk;
(d) the most appropriate measures and actions for the achievement of the objectives in the identified areas of concentation or, where these actions are not sufficiently defined, the general lines of the ACP State policy support programmes in these sectors;
(e) where appropriate, proposals for the management of the indicative programme and the necessary support, in accordance with article 224, item (i);
(f) the resources reserved for projects and programs outside the focus area(s), the outlines of the multi-year programs referred to in section 290, and the indication of the resources to be allocated to each of these elements;
(g) to the extent possible, clearly identified national projects and programmes, including projects and programmes in progress;
(h) where appropriate, a limited part of the programmable resources not allocated to the concentration sector proposed by the ACP State to use in support of the adjustment;
(i) any proposals for regional projects and programmes;
(j) a schedule for the delivery of the indicative programme, including commitments and disbursements;
(k) amounts reserved for insurance against potential claims and to cover cost overruns and unforeseen expenses. »
56. Section 282 is replaced by the following text:
“Article 282. - 1. The draft indicative programme is the subject of an exchange of views between the ACP State concerned and the Community, which takes due account of the national needs of the ACP State and its sovereign right to determine its strategies, priorities and models of development, as well as its macroeconomic and sectoral policies.
2. The indicative programme is mutually agreed between the Community and the ACP State concerned on the basis of the draft indicative programme proposed by that State and taking into account the principles set out in Articles 3 and 4, and engages both the Community and that State, when adopted. It includes all the elements referred to in article 281, paragraph 2, and an amount representing 70 per cent of the indicative programme, except for ACP States whose indicative amount or concentration of the indicative programme on a project does not justify separate allocations.
3. The indicative programme is flexible enough to ensure the continuous adequacy of actions to the objectives and to take into account the modifications that may arise in the economic situation, the priorities and objectives of the ACP State concerned. It can be revised at the request of the ACP State concerned. It is reviewed when the ACP State concerned has achieved a high level of commitment in the implementation of the programme and, in any event, not later than three years after the entry into force of the second financial protocol.
4. At the end of the revision referred to in paragraph 3, the resources required for the completion of the indicative program may be allocated with due regard to the following:
(a) the indicative envelope;
(b) progress made with respect to the implementation of the program elements referred to in Article 281, paragraph 2, and the agreed schedule for commitments and disbursements, in the light of the annual report of the head of delegation and the national coordinator referred to in Article 284, paragraph 3;
(c) the state of preparation of the activities that the ACP State concerned is considering to undertake in the second phase of the indicative programme;
(d) the specific situation of the ACP State concerned.
5. Following the review referred to in paragraphs 3 and 4, and at the latest at the end of the period covered by the second financial protocol, the potential reliance on programmable resources is used for financing development-related operations, including those related to programmable assistance, unless otherwise decided by the Council of Ministers. »
57. Section 283 is replaced by the following text:
“Article 283. - The Community and the ACP State concerned shall take all necessary measures to ensure that the indicative programme is adopted as soon as possible and, except in exceptional circumstances, within twelve months of the signing of the second financial protocol. »
58. Section 284 is replaced by the following text:
“Article 284. -1. Regardless of the funds earmarked for emergency assistance, interest bonuses and regional cooperation, programmable assistance includes grants.
2. To take into account the economic and financial difficulties of the least developed countries referred to in Article 330, 50 per cent of risk capital is allocated to these countries globally. In addition, the Bank uses at least 50% of risk capital to assist ACP States that actively support and implement investment support measures in the private sector.
3. The National Coordinator and the Head of Delegation shall prepare and submit to the Development Financing Cooperation Committee, within 90 days after each calendar year, a report on the implementation of the indicative programme. They also take the necessary measures to ensure compliance with the schedule of commitments and disbursements agreed upon in the programming, determine the causes of delays in implementation and propose appropriate measures to address them. The committee shall examine these reports within the framework of its competences under this Convention. »
59. In article 287 paragraph 2, the following item (i) is added:
“(i) compatibility with trade policies and ACP trade development programmes and impact on their competitiveness in the domestic, regional, international and community market. »
60. Section 290 is replaced by the following text:
"Article 290. - 1. For the purpose of speeding up procedures, and by derogation from sections 288 and 289, funding decisions may apply to multi-year programs when funding:
(a) training;
(b) decentralized cooperation;
(c) micro-realizations;
(d) Trade promotion and trade development;
(e) a limited set of operations in a specific sector;
(f) support for project and program management;
(g) technical cooperation.
2. In the cases referred to in paragraph 1^er, the ACP State concerned may submit to the head of delegation a multi-year program indicating its outlines, the types of actions envisaged and the proposed financial commitment.
(a) The funding decision for each multi-year program is made by the Principal Coordinator. The letter from the Principal Coordinator to the National Coordinator notifying this decision constitutes the funding agreement within the meaning of section 291.
(b) Within the framework of the multi-year programmes thus adopted, the national or, where appropriate, the actor of decentralized cooperation who has received delegation of competence for this purpose or, where appropriate, other eligible beneficiaries, shall carry out each action, in accordance with the provisions of this Convention and the funding agreement referred to in (a). When implementation is carried out by decentralized co-operation actors or other eligible beneficiaries, the National Coordinator and the Head of Delegation shall exercise financial responsibility and ensure regular oversight of operations, so as to be able, inter alia, to meet their obligations as defined in paragraph 3.
3. At the end of each year, the National Coordinator forwards a report on the implementation of multi-year programmes to the Commission after consultation with the head of delegation.
61. A. Article 294 paragraph 1^er (a), Romanitos (i), (ii) and (iii) are replaced by the following:
“(i) individuals, companies or enterprises, public bodies or public participation of ACP States and member States;
(ii) cooperative societies and other legal entities of public or private law, with the exception of non-profit corporations of member states and/or ACP states;
(iii) any joint undertaking or grouping of such enterprises or companies of ACP and/or member States; "
62. A. Article 296 paragraph 1^er, point (b) is replaced by the following:
“(b) the competitiveness of contractors, suppliers and consultants from member States and ACP States; »
63. In section 316, paragraph 1^er is replaced by the following:
“1. The Commission shall be represented in each ACP State or in each regional group that makes the request expressly requested by a delegation under the authority of a head of delegation, with the approval of the ACP State(s) concerned. »
64. Article 317:
- the following paragraph is inserted as the first paragraph:
"The head of delegation represents the Commission in all areas of its jurisdiction and for all its activities. »;
- in the new second paragraph, the introductory part is replaced by the following text:
"In particular, with regard to cooperation, the head of delegation receives the necessary instructions and powers to facilitate and speed up the preparation of projects and programmes, as well as the support necessary to do so. To this end, and in close collaboration with the national coordinator, the head of delegation: "
64bis. In section 331, item 10, add the following dash:
« - Article 194 paragraph 5 »
64(ter) In section 331, item 12, add the following dash:
« - Article 284 paragraph 2 »
64quater) In item 334, item 9), insert the following dash before the first shot:
« - Article 194 paragraph 5 »
64quinquies) In article 337, point 9), insert the following dash before the first dash:
" - Article 194 paragraph 5".
F. SPECIAL PROVISIONS - FINAL PROVISIONS
65. Section 364 is replaced by the following text:
“Article 364. - If, prior to the entry into force of the provisions amending this Agreement as decided in accordance with Article 366, paragraph 2, the negotiations with South Africa shall lead to an agreement on its accession to this Convention, the Council of Ministers, notwithstanding the conditions of accession provided for in Article 363, shall decide on the outcome of these negotiations and shall take a decision on the conditions and modalities of accession of that State, taking into account the specific characteristics of the South.
These terms and conditions are the subject of a special protocol that forms an integral part of this Convention.
In the event of a positive decision, South Africa is added to the States signatories to this Convention, without further necessary ratification by the parties to this Convention. The decision of the Council of Ministers indicates the effective date of this accession. »
66. The following article 364bis is inserted:
"Article 364bis. - 1. If Somalia requests its accession to the convention, the Council of Ministers shall decide on the application and take a decision on the accession of that State.
2. If a positive decision of the Council of Ministers comes before the entry into force of the provisions amending this Convention, Somalia is added as a signatory party as well as other signatory parties.
3. If a positive decision of the Council of Ministers comes after the entry into force of the provisions amending this Convention, as amended, comes into force with respect to Somalia, on the first day after the deposit of the instrument of ratification by that country. However, the Council of Ministers may, in its decision, provide that some of the rights and obligations provided for in this Convention will become applicable to Somalia on a different date in the interest of that State. »
67. The following article 366bis is inserted:
"Article 366bis. - 1. For the purposes of this article, "Party", the Community and the Member States of the European Union, on the one hand, and each ACP State, on the other.
2. If a party considers that another party has breached an obligation with respect to one of the essential elements referred to in Article 5, it invites, except in the case of a particular emergency, the party concerned to consult with a view to a thorough review of the situation and, where appropriate, to remedy it.
For the purposes of these consultations, and to find a solution:
- the Community is represented by its Presidency, assisted by the Member State having held the previous presidency and by the Presidency, as well as by the Commission.
- ACP States are represented by the ACP State exercising co-chairing, assisted by the ACP State having exercised the previous co-chairing and by the one who exercises the following co-chairing. Two other members of the ACP Council of Ministers designated by the Party concerned also participate in the consultations.
Consultations begin no later than fifteen days after the invitation and, in principle, last no more than thirty days.
3. Upon the expiry of the period referred to in paragraph 2, third paragraph, if, despite all efforts, no solution has been found, or immediately in the event of an emergency or refusal of consultation, the party who invoked the breach may take appropriate measures, including, where necessary, the partial or total suspension of the application of this Agreement with respect to the Party concerned. It is understood that the suspension would be a last resort.
Any action is notified, prior to that, to the party concerned it is lifted as soon as the reasons for it disappear. "
G. SECOND FINANCIAL PROTOCOLE
68. The following second financial protocol is applicable during the second five-year period of this Convention:
« SECOND PROTOCOLE FINANCIER
Article 1
1. For the purposes set out in Part III, Part II, Chapters 1^er and 3, and title III of this Convention, and for a period of five years from 1^er March 1995, the total amount of the Community's financial competitions is 14,625 million Equs.
This overall amount includes:
(a) an amount of 12,967 million EDF funds, thus 292 million EDF funds from the transfer from the previous Non-earmarked or Non-Useable Funds. This amount is distributed as follows:
(i) for the purposes specified in sections 220, 221 and 224: 9,592 million EEs in the form of grants, of which 1,400 million EEs in support of structural adjustment, which can be supplemented, in accordance with section 281, paragraph 2, point (e), in the context of long-term development assistance;
(ii) for the purposes specified in sections 220, 221 and 224: 1,000 million stables in the form of risk capital;
(iii) for the purposes specified in sections 186 to 212: 1,800 million EEs in the form of transfers for the stabilization of export revenues;
(iv) for the purposes specified in sections 214 to 219: 575 million squis as Sysmin grants;
(b) for the purposes specified in Articles 220, 221 and 224: up to 1,658 million ESCs, in the form of loans from the Bank granted on its own resources, in accordance with the conditions provided for by its statutes. These loans are subject to the terms and conditions of section 235 on interest bonuses.
2. The Bank manages loans on its own resources, including interest bonuses, as well as risk capital. All other means of financing under this Convention are managed by the Commission.
Article 2
For the funding of assistance referred to in sections 254 and 255.
a) a special endowment of 260 million horses shall be constituted in the amount referred to in section 1^er (a) under (i), of which 140 million are for assistance under section 254 and 120 million are for aids under section 255;
(b) in the event of the depletion of the special endowment provided for in any of the above-mentioned items before the expiry of this financial protocol, transfers may be made from the credits provided in the other section;
(c) at the expiry of this financial protocol, the unspent credits for emergency assistance and assistance to refugees, returnees and depleted persons shall be transferred to the fund for the financing of other actions within the scope of cooperation for development financing, unless otherwise decided by the Council of Ministers;
(d) in the event of the depletion of the special endowment prior to the expiration of this financial protocol, and taking into account the other resources available to ACP States for the same purposes, ACP States and the Community, within the relevant joint institutions, shall adopt appropriate measures to remedy the situations referred to in Articles 254 and 255.
Article 3
1. On the subsidies available under Article 1 (a) under (i), a total of 1,300 million funds is reserved for the financing of regional projects and programmes of ACP States
2. On amounts allocated under this article, the Community shall:
(i) a maximum of 73 million stables, by means of a separate endowment, to fund the industrial development centre budget;
(ii) an amount not exceeding 4 million shields for the purposes set out in Appendix LXVIII;
(iii) an indicative amount of 85 million funds for regional trade development programmes referred to in section 138;
(iv) an amount of $80 million for the incentive financing of the institutional support referred to in section 224 (m).
3. The Bank can, from the means it manages, supplement these resources by contributing to the financing of regional projects and programmes.
Article 4
The potential relic of the Fund that is not engaged or disbursed at the end of the last year of application of this financial protocol is used until exhaustion, under the same conditions as those provided for in this Agreement. »
H. PROTOCOL No. 1 RELATING TO THE DEFINITION OF THE NOTION OF ORIGINARY PRODUCTS AND ADMINISTRATIVE COOPERATION METHODS
69. In Protocol No. 1, Title I, Article 5, “10%” is replaced by “15%”.
70. In Protocol No. 1, Part I, Article 6, the following paragraph 5 is added:
« 5. At the request of ACP States, products originating from a neighbouring developing country other than an ACP State, belonging to a coherent geographical entity, are considered to be originating from the State where they undergo a complementary work or transformation, provided that:
- the opening or transformation in the ACP State goes beyond the operations referred to in Article 3, paragraph 3. However, the outputs of Chapters 50 to 63 of the Harmonized System shall, in addition, be subject to at least, in that ACP State, a work or transformation resulting in the classification of the product obtained in a position of the Harmonized System distinct from those covering products originating in the non-ACP developing country. For products referred to in Appendix X to this Protocol, only the specific leave referred to in column 3 applies, whether or not it gives rise to a change in tariff position;
- ACP States, the Community and other countries in question have entered into an agreement defining appropriate administrative procedures to ensure the correct application of this paragraph.
This paragraph does not apply to tuna classified in Chapters 3 and 16 of the Harmonized System, to rice classified under Position 1006 of the Harmonized System, and to textiles reproduced in Annex XI to this Protocol.
In order to determine whether the products originate from the non-ACP developing country, the provisions of this protocol apply.
The ACP-EC Council of Ministers decides on ACP requests based on a report prepared by the ACP-EC Customs Cooperation Committee in accordance with Article 30. »
71. In Protocol No. 1, Part II, Article 21, paragraph 1, "2,820 ECUs" is replaced by "3,140 ECUs" and paragraph 2, "30 April 1991" is replaced by "30 April 1997" and "1^er October 1988 by « 1^er October 1994".
72. In Protocol No. 1, Title II, article 22, paragraph 2 second paragraph, "200 epics" and "565 eus" are replaced by "230 epics" and "630 epics".
73. In Protocol No. 1, Part III, article 31, paragraph 8, the first paragraph shall be replaced by the following:
“8. In the event of an application, derogations for cans and tuna loins are automatically granted, within an annual quota of 4,000 tonnes for cans and ton for lanes. »
74. In Protocol No. 1, Title IV is replaced by the following text:
« TITRE IV
Ceuta and Melilla
Rule 32
Special conditions
1. The term "Community" used in this protocol does not include Ceuta and Melilla. "Community products" does not include products originating from Ceuta and Melilla.
2. The provisions of this Protocol shall apply mutatis mutandis to determine whether products imported to Ceuta and Melilla may be considered originating from ACP States.
3. When products entirely obtained in Ceuta and Melilla, in the PTOM or in the Community are subject to debriefing or transformation in the ACP States, they are considered to have been fully obtained in the ACP States
4. The work or transformations carried out in Ceuta and Melilla, in the PTOM or in the Community are considered to have been carried out in the ACP States, where the materials obtained are subsequently processed or processed in the ACP States.
5. For the purposes of paragraphs 3 and 4, insufficient work referred to in article 3, paragraph 3, points (a) to (d) is not considered to be work or transformations.
6. Ceuta and Melilla are considered a single territory.
75. In Protocol No. 1, the following annexes X and XI are added:
“Annex X
List of works or transformations conferring ACP origin to the processed product when applied to textile materials from developing countries referred to in Article 6, paragraph 5, of this Protocol
Textile materials and articles in these materials in section XI.
For the consultation of the table, see image
(1) The term "pre-cleared" used in the list in Appendix X to characterize the required stage of development of certain non-originating materials used, applies to certain yarns, tissues and knitted fabrics that have simply undergone a washing operation after weaving or weaving. Pre bleached products are at a less advanced stage of development than bleached products, which have undergone several baths in bleaching agents (oxidant agents such as hydrogen peroxide and reducing agents).
(2) However, to be considered as a work or transformation conferring the origin, the thermo-print must be accompanied by the printing of the transfer paper.
(3) The expression "impregnation, enduction, recovery or stratification" does not cover operations only intended to bind tissue together.
(4) The term "full garment" used in the list of Appendix X means that all operations that follow the cut of the fabrics or obtain it directly in the form of the knitted fabrics must be performed. However, the fact that one or more finishing operations is not carried out does not necessarily mean that it loses its complete character.
Examples of finishing operations are reproduced below:
- placement of buttons and/or other attachments;
- making buttonholes;
- finishing of pants and sleeves or hems from the bottom of the skirts and dresses;
- placement of trims and accessories such as pockets, labels, insignia, etc.;
- ironing and other clothing preparations intended to be sold in ready-to-wear.
Remark on finishing operations - Limit cases.
It is possible that in specific manufacturing processes the place of finishing operations, especially in the case of a combination of operations, is of such importance that these operations must be considered to go beyond the simple finish
In these particular cases, the non-performance of finishing operations will make it lose its complete character.
Annex XI
Textile products excluded from the cumulative procedure with certain developing countries referred to in Article 6, paragraph 5, of this Protocol
For the consultation of the table, see image
I. PROTOCOL No. 7 RELATING TO THE BOVINA VIANDA
76. In Protocol No. 7, Articles 1^er, 2 and 4 are replaced by the following:
“Article 1^er. Within the limits of Article 2, import duties, other than customs duties, applied to beef originating in ACP States, are reduced by 92%.
Article 2. Without prejudice to section 4, the decrease in import duties under section 1^er bears, by calendar year and country, the following amounts expressed in boneless beef:
Botswana: 18,916 tons;
Kenya: 142 tons;
Madagascar: 4,579 tons;
Swaziland: 3,363 tons;
Zimbabwe. 9 100 tons;
Namibia: 13,000 tons.
Article 4. If, in a specified year, one of the ACP States referred to in Article 2 is not in a position to provide the total authorized quantity and does not wish to benefit from the measures referred to in Article 3, the Commission may distribute the missing quantity among the other ACP States concerned. In such cases, the ACP States concerned propose to the Commission no later than 1^er September of each year, the ACP State(s) that will be able to provide the new additional quantity, indicating the ACP State that is unable to provide the full amount allocated to it, on the understanding that this new temporary assignment does not alter the initial quantities.
The Commission shall ensure that a decision is decided no later than 1^er December. »
J. PROTOCOL No. 10 RELATING TO SUSTAINABLE MANAGEMENT OF FOREST RESOURCES
77. The following protocol number 10 is added:
“PROTOCOLE N° 10
on Sustainable Forest Resources Management
1. The Community and ACP States recognize the importance and need for sound management of forest resources, in order to ensure the long-term sustainable development of ACP States forests, in accordance with the Rio Declaration of Principles on Environment and Development, including non-legally binding principles on the forest, the United Nations Framework Convention on Climate Change and the Conventions on Biological Diversity and Desertification.
2. Particular priority is given to actions to support and encourage efforts by ACP States and their organizations to ensure the conservation, regeneration and sustainable use of forest resources, and to contribute to combating desertification.
3. The Community and ACP States are focusing their efforts on favourable actions:
(a) the preservation of tropical forests at risk and their biological diversity, as well as the restoration of the functions of tropical forests that have suffered damage, taking into account the need and interest of local populations to ensure the sustainable use of forest products, the various agents and factors causing deforestation, the need to involve local populations in the identification, programming and implementation of their own actions, differences and
(b) the creation of buffer zones that contribute to the conservation, regeneration and sustainable development of the tropical forest as part of a broader planning of land allocation;
(c) sustainable forest management for the production of wood and wood products, to ensure that, by the year 2000, and on the basis of appropriate operating plans, these products are drawn from sustainable sources. Particular priority is given to forest activities carried out by local and small-scale communities;
(d) support and promotion of reforestation and forest management activities adapted to local conditions and the restoration of fertility in degraded forest lands, especially in national and regional campaigns to combat desertification;
(e) support for the creation of institutions in the forest sector, with a focus on building the capacity to assess the needs of local population training programs, forest management officials and researchers, the formulation of regulations, increased political and social support, institution-building and the establishment of forestry organizations and associations;
(f) the development and implementation, at the local, regional or national level, of action programmes to improve forest management, conservation and sustainable development, taking into account the causes of both internal and external deforestation in the forest sector;
(g) the development of a strategic and modular research policy to disseminate the knowledge and programming capacity needed for the conservation and sustainable management of forests and the implementation of research monitoring activities in the context of projects and programmes.
4. Recognizing the importance of wood and its derivatives for the economies of ACP States, the Community and ACP States consider, within the limits specified above, concentrating their efforts on:
(a) improving the commercialization and exchange of wood from sustainable forests;
(b) support for the definition and development of certification systems applicable to tropical forest timber produced in accordance with the principles of sustainable management and within the framework of a planned international harmonization of timber certification systems and products derived from all types;
(c) support for measures to increase the proportion of tropical timber and derivatives from sustainable sources in the overall production of this sector in ACP States, in order to stimulate the economic development and industrialization of these States and to improve their employment prospects and export revenues;
(d) the promotion and diversification of international trade in tropical timber from sustainable resources through the improvement of the structural characteristics of international markets and the consideration of prices that take into account the cost of sustainable forest management and that are at the same time profitable and fair for both parties;
(e) support for the development by ACP States of national policies to ensure sustainable use and preservation of tropical timber production forests and their generic resources, as well as the maintenance of an ecological balance in the regions considered, in the context of tropical timber trade;
(f) the promotion of access to and transfer of technology and the technical cooperation necessary for the achievement of sustainable development goals.
5. Recognizing, in addition, the importance of tropical timber for the economies of ACP producing States and the imperative need to put an end to desertification in many of these States, and taking into account the marginal cost of achieving the benefits associated with the conservation and development of the forest, the Community is considering supporting these activities. To this end, the Community will use, in addition to the resources reserved for national indicative programmes, regional indicative programmes or "any ACP" actions and in accordance with the applicable provisions, the appropriations included in its budget for this purpose. »
K. FINAL ACT
78. At the Final Act, the following Appendix IIIbis is inserted:
“Annex IIIbis
Declaration of the Community ad article 4
By supporting the development strategies of ACP States, the Community, in its dialogue with each ACP State, takes into account the objectives and priorities of its cooperation policy and in particular:
- the sustainable economic and social development of developing countries, including the most disadvantaged of them. In this context, particular attention is paid to the development of human resources and the environment;
- their harmonious and progressive integration into the world economy, with particular emphasis on the revitalization of the economic fabric through the revitalization of the private sector;
- the fight against poverty;
- the development and consolidation of democracy and the rule of law as well as respect for the duties of man and fundamental freedoms. »
79. At the final act, Appendix XIV is replaced by the following text:
“Annex XIV
Joint Statement on Article 91 on the Centre for Industrial Development (CDI)
1. The Contracting Parties agree that, with regard to the appointment of the Director and Deputy Director of the Commission, the principle of rotation between ACP and EC nationals is enshrined.
2. This rotation is ensured after a five-year period that is the maximum term of office of the Director and Deputy Director appointed by the Industrial Cooperation Committee.
3. To appoint the Director and Deputy Director, Contracting Parties shall consult on the proposals to be submitted by both Contracting Parties, taking into account the parity of the Commission.
4. An advisory council of the Commission is established. Its composition and operating procedures are determined by the statute of the IOC. »
80. At the final act, Appendix XXII is replaced by the following text:
“Annex XXII
Joint declaration to article 141 on cultural and social cooperation
1. The projects and programmes of cooperation presented by the ACP-EC Foundation for Cultural Cooperation and other specialized agencies referred to in Article 141 of this Agreement may receive financial assistance from the Community for their implementation under the conditions specified in Article 140, paragraph 2, of this Agreement.
2. The possible support provided by the Community is intended in its entirety to finance projects or programmes of cultural and social cooperation. »
81) At the final act, Appendix XL is replaced by the following text:
“Annex XL
Joint Declaration on Agricultural Products referred to in Article 168, paragraph 2, (a), under (ii)
The Contracting Parties took note of the fact that the Community is considering taking the provisions set out in the Annex, which are established on the date of the signing of this Agreement, with a view to ensuring to ACP States the preferential regime provided for in Article 168, paragraph 2 (a), under (ii), of this Convention with regard to certain agricultural and processed products.
They noted that the Community stated in this regard that it will take all necessary measures to ensure that the relevant agricultural regulations are adopted in a timely manner and, to the extent possible, to enter into force at the same time as the interim regime that will take place after the signing of the Agreement Amending the Fourth ACP-EC Agreement.
Import regime applicable to agricultural and food products from ACP States.
For the consultation of the table, see image
82. At the final act, Appendix XLVI is replaced by the following text:
« Annex XLVI
Joint statement ad articles 210 and 211
In accordance with the decision of the Council of Ministers ACP-EC on 21 May 1992, in Kingston, Jamaica, and in order to avoid difficulties in developing in a timely manner and in the implementation of the framework of mutual obligations, the contracting parties agree to use all means proposed by them for cooperation in financing development, including the organization of information seminars, technical assistance, etc."
83. At the Final Act, Appendix LIV is replaced by the following text:
« Annex LIV
Joint declaration ad article 294
The definition of "originating products" for the purposes of Article 294 is assessed in relation to international agreements in this area. For the purposes of Article 294, products originating from the Community are also considered to be products originating from the PTOM. »
84. At the Final Act, Annex LXVIII, paragraph 1^er, the following terms are deleted: "(excluding general sessions)".
85. At the final act, the following LXXIX to LXXXIX annexes are added:
“Annex LXXIX
Joint declaration ad article 156, paragraph 4, article 157, paragraph 1^er article 158, paragraph 1^er(d) and (h) relating to regional cooperation
The reference in these articles to the territories or departments of Outre-Mer includes the Canary Islands, the Azores and Madeira.
Annex LXXX
Joint Statement on Consultation and Information
development actors
1. In order to encourage the participation of actors of decentralized cooperation in projects and programmes funded by the Fund and to ensure that their initiatives are taken into account in the development and implementation of indicative programmes, ACP States are working to organize exchanges of views with these agents. The ACP States and the Commission also endeavour to provide them with the information necessary for their participation in the implementation of the programmes.
Annex LXXXI
Declaration of the Community ad article 281, paragraph 1^er
Notification of indicative amounts referred to in article 281, paragraph 1^er, will not apply to ACP States with which the Community suspended its cooperation.
Annex LXXXII
Joint statement on implementation procedures
With regard to implementation procedures, in particular:
- contract allocation, and
- the role of enforcement bodies,
the Ministerial Conference invites the Council of Ministers ACP-EC, through the Cooperation Committee for Financing for Development, to deepen the review of these procedures, and if necessary, to adapt them during the period of application of the second financial protocol.
In addition, the Ministerial Conference recognizes that, in order to improve the finalization of funding proposals, additional information may be required. In this spirit, the Ministerial Conference invites the ACP-EC Council of Ministers to establish appropriate modalities to make available, under this Convention, the necessary resources, where the Commission's own resources or the interests of the EDF are insufficient.
Annex LXXXIII
Joint statement ad article 366bis
1. For the practical application of this Convention, the contracting parties shall not resort to the concept of a particular emergency referred to in Article 366 bis, except in exceptional circumstances and in cases of particularly serious and obvious violations, which, given the required response time, would render any prior consultation unrealistic.
2. If one of the contracting parties uses this measure, it undertakes to make arrangements to consult with the other contracting party in a timely manner, with a view to thoroughly examining the situation and, where appropriate, to remedy it.
Annex LXXXIV
Community Statement on Debt
The Community reaffirms its willingness to make a concrete and constructive contribution to the relief of the debt of ACP States.
In this spirit, it is appropriate to transform into grants all special loans not yet engaged under previous conventions.
It further confirms its determination to continue discussions on these issues in the appropriate forums and taking into account the special difficulties of ACP States
Annex LXXXV
Declaration by the Community ad article 2, item (d),
the second financial protocol
The specific resources provided for in the Second Financial Protocol for Emergency Assistance may be supplemented, for the period covered by the said Protocol, by an additional amount of 160 million troops from the Community budget.
Annex LXXXVI
Joint statement on cumulation
The Contracting Parties agree to apply, for the implementation of Article 6, paragraph 5, of Protocol No. 1, the following definition:
Developing countries: any country listed as such in the list prepared by the OECD Development Assistance Committee and the Republic of South Africa, excluding high-income countries (HIC) and countries whose GNP at current prices exceeded $100 billion in 1992.
The terms "nearly developing countries belonging to a coherent geographical entity" refer to the following countries:
- Africa:
Algeria, Egypt, Libya, Morocco, Tunisia and, on an ad hoc basis, South Africa;
- Caribbean:
Colombia, Costa Rica, Cuba, El Salvador, Guatemala, Honduras, Nicaragua, Panama and Venezuela;
- Pacific: Nauru.
Annex LXXXVII
Joint Statement on Fisheries Products
The Contracting Parties agree that the Customs Cooperation Committee will consider, as soon as possible, the difficulties that may arise from the application of the provisions of Article 2, paragraph 2, of Protocol No. 1. The Customs Co-operation Committee shall report to the Council of Ministers within one year after the entry into force of the provisions in question.
Annex LXXXVIII
Joint statement on bananas
Particular attention is paid, when determining the volume of programmable assistance given to ACP banana suppliers to the Community, for cases where external circumstances beyond their control would have led to the need for a restructuring of the banana sector as well.
Annex LXXXIX
Joint Declaration on Protocol No. 10
The Contracting Parties agree to cooperate in the implementation of the provisions of Protocol No. 10 in order to take into account criteria and indicators for sustainable forest management internationally harmonized. »
In faith, the undersigned Plenipotentiaries affixed their signature at the bottom of this agreement.
Made in Mauritius, on the nine hundred and ninety-five.

Final Act
Plenipotentiaries:
SA MAJEST THE ROI DES BELGES,
I've got it.
THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
THE PRESIDENT OF THE HELLEN REPUBLIC,
I'm sorry.
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
SON ALTESSE ROYALE LE GRAND-DUC DU LUXEMBOURG,
SA MAJESTE LA REINE DES PAYS-BAS,
THE CHAIRMAN FEDERAL DE LA REPUBLIQUE D'AUTRICHE,
THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF FINLAND,
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 establishing the European Community of Coal and Steel and to the Treaty establishing the European Community, below referred to as the "Community" and the States referred to as "Member States",
and the EUROPEAN UNION COUNCIL AND THE COMMISSION OF EUROPEAN COMMUNITIES,
on the one hand, and
Plenipotentiaries
THE PRESIDENT OF THE REPUBLIC OF ANGOLA,
AND BARBUDA,
OF THE COMMONWEALTH OF BAHAMAS,
THE BARBADE CHEF,
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,
OF THE PRESIDENT OF THE FEDERAL REPUBLIC OF COMORES,
DU PRESIDENT DE LA REPUBLIQUE DU CONGO,
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,
THE PRESIDENT OF THE DEMOCRACY REPUBLIC OF ETHIOPIA,
DU PRESIDENT DEMOCRACTIC REPUBLIQUE SOUVERAINE DE FIDJI,
OF THE PRESIDENT OF THE GABONAISE REPUBLIC
OF THE CHAIRMAN OF THE GAMBIA REPUBLIC,
DU PRESIDENT DE LA REPUBLIQUE DU GHANA,
I'm sorry.
OF THE CHAIRMAN OF THE GUINEA REPUBLIC
DU PRESIDENT DE LA REPUBLIQUE DE GUINEE-BISSAU,
DU PRESIDENT DE LA REPUBLIQUE DE GUINEE EQUATORIALE,
OF THE PRESIDENT OF THE COOPERATIVE REPUBLIC OF GUYANE,
DU PRESIDENT DE LA REPUBLIQUE DE HAITI,
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,
DU PRESIDENT DE LA REPUBLIQUE DU LIBERIA,
DU PRESIDENT DE LA REPUBLIQUE DE MADAGASCAR,
DU PRESIDENT DE LA REPUBLIQUE DU MALAWI,
DU PRESIDENT DE LA REPUBLIQUE DU MALI,
OF THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA
OF THE PRESIDENT OF THE REPUBLIC OF THE ILE MAURICE,
DU PRESIDENT DE LA REPUBLIQUE DU MOZAMBIQUE,
DU PRESIDENT DE LA REPUBLIQUE DE NAMIBIE,
DU PRESIDENT DE LA REPUBLIQUE DU NIGER,
DU CHEF D'ETAT DE LA REPUBLIQUE FEDERALE DU NIGERIA,
THE PRESIDENT OF THE REPUBLIC OF THE OGANDA,
OF ITS MAJEST OF THE INDEPENDENT STATE OF PAPOUASIA-NEW,
DU PRESIDENT DE LA REPUBLIQUE RWANDAISE,
AND NEVIS,
I'm sorry.
AND GRENADINES,
OF THE OFFICE OF THE INDEPENDENT STATE OF THE OCCIDENTAL 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 DU SOUDAN,
DU PRESIDENT DE LA REPUBLIQUE DU SURINAME,
THE RIGHT OF SWAZILAND ROYAUME,
DU PRESIDENT DE LA REPUBLIQUE UNIE DE TANZANIE,
DU PRESIDENT DE LA REPUBLIQUE DU TCHAD,
DU PRESIDENT DE LA REPUBLIQUE TOGOLAISE,
TAUFA'AHAU TUPOU IV of TONGA,
DU PRESIDENT DE LA REPUBLIQUE DE TRINITE ET TOBAGO,
TUVALU REINE,
THE GOVERNMENT OF VANUATU,
DU PRESIDENT DE LA REPUBLIQUE DU ZAIRE,
DU PRESIDENT DE LA REPUBLIQUE DE ZAMBIE,
DU PRESIDENT DE LA REPUBLIQUE DU ZIMBABWE,
of which States are referred to as "ACP States",
on the other hand,
gathered in Mauritius on 4.XI.1995, for the signing of the Agreement Amending the Fourth ACP-EC Convention of Lomé, signed in Mauritius on 4 November 1995, agreed on the following:
the Agreement Amending the Fourth ACP-EC Agreement of Lomé, signed in Mauritius on 4 November 1995, as well as the protocols and declarations listed below and reproduced in the Final Act of the Convention:
Second financial protocol
Protocol No. 1: the definition of "originating products" and administrative cooperation methods
Protocol No. 7: Concerning Beef
Protocol No. 10: Sustainable Forest Resource Management
Annex XIV: Joint Statement on Article 91 on the Centre for Industrial Development (CDI)
Annex XXII: Joint declaration ad article 141 on cultural and social cooperation
Annex XL: Joint Statement on Agricultural Products referred to in Article 168, paragraph, 2 (a) under (ii)
Annex XLVI: Joint declaration ad articles 210 and 211
Annex LIV: Joint declaration ad article 294
Annex LXXIX: Joint declaration ad article 156, paragraph 4, article 157, paragraph 1^erand article 158, paragraph 1^er(d) and (h) relating to regional cooperation
Appendix LXXX: Joint Statement on Consultation and Information of Development Actors
Annex LXXXII: Joint Statement on Implementation Procedures
Annex LXXXIII: Joint declaration ad article 366bis
Annex LXXXVI: Joint Statement on Cumulative
Annex LXXXVII: Joint Statement on Fisheries Products
Annex LXXXVIII: Joint Statement on Bananas
Annex LXXXIX: Joint Declaration on Protocol No. 10
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the ACP States also agreed to annex to the present Final Act the following joint declaration:

Joint statement on trade development.
The Plenipotentiaries of the ACP States took action of the declarations listed below and annexed to the Final Act of the Convention:
Annex IIIbis: Statement by the Community ad article 4
Annex LXXXI: Declaration of the Community ad article 281, paragraph 1^er
Annex LXXXIV: Community Statement on Debt
Annex LXXXV: Statement by the Community ad article 2, item (d), of the second financial protocol
[Plenipotentiaries of Member States and the Community took note of the statements listed below and annexed to the present Final Act:]
COMMUNITY DECLARATION ON DEVELOPMENT
TRADE
Representatives of the ACP States, the European Community and its member states, gathered in Mauritius on the occasion of the signing of the agreement amending the Fourth ACP-EC Agreement of Lomé, signed in Mauritius on 4 November 1995;
Concerned about the serious deterioration of the trade performance of ACP States over the past two decades;
Recognizing, on the other hand, the fundamental importance of trade for self-sustained development;
Considering that it is essential to ensure that effective use is made of all the instruments proposed by the convention to develop trade;
Considering, moreover, that improving the competitiveness of ACP States is the key to any future success of trade development;
Considering finally that the development of trade is crucial to achieving a harmonious and progressive integration of the economies of the ACP States into the world economy and thus promoting sustainable economic and social development contributing to the alleviation of poverty in those States,
Reaffirm their will:
- give priority to trade development within the framework of national and regional ACP-EC cooperation programmes implemented under the new 8th EDF financial protocol,
- to define and implement coherent trade policies and strategies, taking into account the comparative advantages and priorities of each ACP State,
- to improve, in ACP States, the macroeconomic and regulatory framework necessary for the development of trade,
- to establish and strengthen the physical and administrative infrastructure conducive to trade and private investment, with the aim of increasing the competitiveness of ACP goods and services in national, regional and international markets,
- to ensure a coordinated deployment of all available instruments of cooperation in the production, distribution and marketing of ACP goods,
- to consider as a general principle that any measure decided at the level of individual projects must be evaluated according to its capacity to contribute to improving the competitiveness of the economies of ACP States
The Council of Ministers reviews, every two years, the progress achieved in achieving these goals.
Made in Mauritius, on the nine hundred and eighty-five November.

Protocol to the Fourth ACP-EC Agreement of Lomé following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed in Mauritius
to the Fourth ACP-EC Agreement of Lomé following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union,
SA MAJEST THE ROI DES BELGES,
I've got it.
THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
THE PRESIDENT OF THE HELLEN REPUBLIC,
I'm sorry.
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
SON ALTESSE ROYALE LE GRAND-DUC DU LUXEMBOURG,
SA MAJESTE LA REINE DES PAYS-BAS,
THE CHAIRMAN FEDERAL DE LA REPUBLIQUE D'AUTRICHE,
THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF FINLAND,
THE GOVERNMENT OF THE SUEDE ROYAUME,
SA MAJESTE LA REINE DU ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD,
of which States are Contracting Parties to the Treaty establishing the European Coal and Steel Community and to the Treaty establishing the European Community, and
THE EUROPEAN UNION COUNCIL AND THE COMMISSION OF EUROPEAN COMMUNITIES,
on the one hand, and
ACP ETATS CHEFS,
of which States are referred to as "ACP States",
on the other hand,
Having regard to the Fourth ACP-EC Agreement, signed at Lomé on 15 December 1989, as referred to as the "Convention", including Article 358;
Considering that the Republic of Austria, the Republic of Finland and the Kingdom of Sweden joined the European Union on 1^er January 1995;
Considering that the necessary modifications to the convention should be made and the transitional measures applicable to the exchanges between the new Member States and the ACP States;
Considering that it is understood that the scope of these measures is limited to the validity of the convention;
Decided to conclude this protocol and designated for this purpose as Plenipotentiaries:
SA MAJEST THE ROI DES BELGES,
I've got it.
THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
THE PRESIDENT OF THE HELLEN REPUBLIC,
I'm sorry.
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
SON ALTESSE ROYALE LE GRAND-DUC DU LUXEMBOURG,
SA MAJESTE LA REINE DES PAYS-BAS,
THE CHAIRMAN FEDERAL DE LA REPUBLIQUE D'AUTRICHE,
THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF FINLAND,
THE GOVERNMENT OF THE SUEDE ROYAUME,
SA MAJESTE LA REINE DU ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD,
THE EUROPEAN UNION COUNCIL AND THE COMMISSION OF EUROPEAN COMMUNITIES,
ACP ETATS CHEFS,
LESQUELS, after having exchanged their full powers recognized in due form,
The following agreed:
Article 1^er
The Republic of Austria, the Republic of Finland and the Kingdom of Sweden become Contracting Parties to the Convention and the declarations annexed to the Final Agreement signed in Lomé on 15 December 1989.
Article 2
The texts of the convention, including the protocols and annexes that are an integral part of it, the declarations annexed to the Final Act and the Agreement Amending the Convention, drafted in Finnish and Swedish, are equally authentic as the original texts.
Article 3
Up to 1^er January 1996, the Republic of Austria maintains the customs duties and licensing regime it applied to alcoholic beverages and non-denaturated ethyl alcohol with a volumic alcoometric title of less than 80% vol. under HS position 2208. The licensing regime must apply in a non-discriminatory manner.
Article 4
Nationals and companies or companies (as defined in Article 274, paragraph 2 of the Convention) of Austria, Finland and Sweden and supplies originating from those States are not allowed to participate in tenders and contracts launched exclusively by the European Development Fund (EDF) to which the States of which they are nationals or companies have not contributed.
Article 5
This Protocol is an integral part of the Convention.
Article 6
This Protocol shall be approved by the Contracting Parties in accordance with their own procedures. It comes into force on the first day of the second month following the date on which all instruments of ratification or conclusion of the Contracting Parties have been deposited in the General Union of the Council of the European Union.
Article 7
This protocol is in two copies in Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish, each of these texts being equally authentic.
In faith, undersigned Plenipotentiaries have affixed their signatures to the bottom of this protocol.
Done in Mauritius, on the nine hundred and ninety-five November.

Internal agreement between the representatives of the Governments of the Member States, gathered within the Council, on the financing and management of the assistance of the Community under the second financial protocol of the Fourth ACP-EC Convention
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBERS OF THE EUROPEAN COMMUNITY, IN THE BOARD,
Considering the Treaty establishing the European Community,
Considering that the Fourth ACP-EC Agreement, signed at Lomé on 15 December 1989, below referred to as the "Convention", amended by the Agreement Amending the Fourth ACP-EC Agreement of Lomé, signed in Mauritius, on 4 November 1995, fixed the total amount of the Community's assistance to ACP States for a period of five years from 1^er March 1995, of which 12,967 million are from the European Development Fund and up to 1,658 million are from the European Investment Bank, as follows: "Bank";
Considering that the representatives of the governments of the Member States, gathered within the Council, have agreed to set the amount of aids to 165 million at the expense of the European Development Fund for overseas countries and territories to which the provisions of Part IV of the Treaty apply, below referred to as "PTOM"; that the Bank's interventions in the MTOPs on its own resources are also planned for up to 35 million programs;
Considering that the system used for the purposes of this Agreement is defined in Council Regulation (EEC) No. 3180/78 of 18 December 1978, amending the value of the unit of account used by the European Monetary Cooperation Fund (1), or, where applicable, in a subsequent Council regulation defining the composition of the ESC;
Considering that, with a view to the implementation of the convention and the decision of association of the PTOMs, the following is referred to as the "decision" to establish an eighth European Development Fund and to establish the modalities of its staffing and the contributions of the Member States to it;
Considering that there is a need to set the rules for the management of financial cooperation, to determine the procedure for the programming, review and approval of aids and to define the modalities for the control of the use of aids;
Considering the need to establish a committee of representatives of the governments of the Member States to the Commission and a committee of the same nature with the Bank; that it is necessary to ensure harmonization of the work done by the Commission and the Bank for the implementation of the Convention and the corresponding provisions of the decision; that it is, therefore, desirable that, to the extent possible, the Composition of Committees sitting at both the Commission and the Bank be identical;
Considering that the Council resolution of 2 December 1993 and the Council ' s conclusions of 6 May 1994 address the coordination of policies and cooperative actions within the Community; the resolution of the Council of 1^er June 1995 deals with the complementarity between the policies and development actions of the European Union and the Member States,
After consultation with the commission,
AGAINST THE PROVISIONS THAT SAY:
CHAPTER I
Article 1^er
1. Member States set up an eighth European Development Fund (1995), referred to as the "Fund".
2. (a) The Fund has a total of 13,132 million funds, including:
(i) 12,840 million ECUs financed by Member States according to the following contributions (in millions):
Belgium . . . . . 503
Denmark . . . . . 275
Germany . . . . . . . .
Greece . . . . . 160
Spain . . . . . 750
France . . . . . 3 120
Ireland . . . . . 80
Italy . . . . . 1 610
Luxembourg . . . . . 37
Netherlands . . . . . . 670
Austria . . . . . 340
Portugal . . . . . 125
Finland . . . . . 190
Sweden . . . . . 350
United Kingdom . . . . 1 630
(ii) 292 million funds from the transfer of non-earmarked or non-usable resources from the previous funds, financed by member states as follows:
- 111 million programs from the adjustment of the total amount of grants of the 7th fund, decided by the parties on the basis of Article 232 of the agreement, according to the distribution key set out in Article 1^erParagraph 2 of the Internal Agreement on the Financing and Management of the 7th Fund;
- 142 million programs from the adjustment of the total amount of the 7th Fund grants, to be considered unusable for programmable assistance, according to the distribution key set out in section 1^erParagraph 2 of the Internal Agreement on the Financing and Management of the 7th Fund;
- 26 million programs from the adjustment of the aggregate amounts of the grants that have not been allocated under the 6th Fund, according to the distribution key set out in section 1^erparagraph 2 of the Internal Agreement on the Financing and Management of the 6th Fund;
- 13 million programs from the adjustment of the aggregate amounts of the grants that have not been allocated under the 4th Fund, according to the distribution key set out in section 1^er, paragraph 2, of the Internal Agreement on Financing and Management of the 4th Fund.
(b) The distribution referred to in (a) under (i) may be amended by a decision of the Council, ruling unanimously, in the event of accession by a new State to the European Union.
Article 2
1. The amount referred to in section 1^er is as follows:
(a) 12,967 million shields for ACP States and distributed as follows:
(i) 11,967 million ECUs in the form of grants, including:
-1400 million specifically reserved to support structural adjustment;
- 1,800 million cash transfers under Part III, Part II, Chapter 1^erthe convention;
- 575 million horses in the form of special financing facility, under Part III, Part II, Chapter 3, of the Convention;
- 260 million emergency and refugee-assisted programs;
- 1300 million stables reserved for regional cooperation;
- 370 million equities reserved for the financing of interest bonuses referred to in Article 235 of the Convention;
- 6,262 million programs reserved for funding national programmable assistance;
(ii) $1,000 million in risk capital;
(b) 165 million OMPs, as follows:
(i) 135 million funds in grants, including:
- 2.5 million horses in the form of special financing facility, under the provisions of the Mining Products Decision;
- 5.5 million ECUs in the form of transfers for OMPs, under the provisions of the decision on the export revenue stabilization system;
- 3.5 million emergency and refugee-assisted programs;
- 10 million stables reserved for regional cooperation;
- 8.5 million programs reserved for the financing of interest bonuses referred to in section 157 of the decision;
- 105 million programs reserved for funding national programmable assistance;
(ii) 30 million equities in the form of risk capital;
2. If an independent OMP adheres to the Convention, the amounts referred to in paragraph 1^er(b), under (i), first, third, fourth, fifth and sixth drawers, and paragraph 1^er(b) under (ii) are reduced, and those indicated in paragraph 1^er, point (a), are increased correlatively, by decision of the Council, ruling unanimously on the Commission's proposal.
In such cases, the country concerned continues to benefit from the staffing provided for in paragraph 1^er, point (b), under (i), second draw, but under the management rules of Part III, Part II, Chapter 1^erFrom the convention.
Article 3
To the amount in section 1^er in addition, up to 1,693 million funds, loans granted by the Bank on its own resources, under the conditions established by the Bank in accordance with the provisions of its statutes.
These loans are intended to:
(a) up to 1,658 million ECUs, to financing operations to be carried out in ACP States;
(b) up to 35 million ECUs, to financing operations to be carried out in the OMPs.
Article 4
The portion of the amounts reserved for bonuses of interest in section 2, paragraph 1^er(a), under (i), sixth indent, and in paragraph 1^er, point 6), under (i), fifth dash, which, at the end of the Bank's lending period, was not made available again under grants, so they come.
The Council may, on the proposal of the Commission established in agreement with the Bank, unanimously decide on an increase in the ceiling.
Article 5
Financial transactions for the benefit of ACP States and OMPs under the Convention and the decision shall be carried out under the conditions provided for in this Agreement and shall be charged to the Fund. except for loans made by the Bank on its own resources.
Article 6
1. Each year, the Commission shall determine and communicate to the Commission before 1^er November, the status of payments to be made for the following fiscal year, as well as the timing of calls for contributions, taking into account the Bank's forecasts for the transactions it manages. The Council shall rule by a qualified majority referred to in article 21, paragraph 4. The terms and conditions for payment of contributions by Member States are determined by the financial regulations referred to in Article 32.
2. The Commission is appended to the annual forecast of contributions to be submitted to the Commission for its estimates of expenditures, including those relating to the previous Funds, for each of the four years following the call for contributions.
3. If contributions are not sufficient to meet the actual needs of the Fund during the reporting year, the Commission shall submit proposals for additional payments to the Council, which shall, as soon as possible, decide on the qualified majority provided for in section 21, paragraph 4.
Article 7
1. The potential relic of the Fund shall be used, until its depletion, in the same manner as those provided for in the convention, the decision and this agreement.
2. At the expiry of this Agreement, Member States shall, under the conditions provided for in Article 6 and those provided for in the Financial Regulations referred to in Article 32, pay the party not yet called from their contributions.
Article 8
1. On the pro rata of their subscription to the Bank's capital, the Member States are committed to bailing on the Bank, by waiving for discussion, for all financial commitments arising from the Bank's loan contracts on its own resources under both Article 1^er the second financial protocol annexed to the Convention and the corresponding provisions of the decision, as appropriate, of articles 104 and 109 of the Convention.
2. The bail referred to in paragraph 1^er is limited to 75% of the total amount of the Bank's appropriation for all loan contracts; it applies to coverage of any risk.
3. For financial commitments under articles 104 and 109 of the Convention, and without prejudice to the overall guarantee referred to in paragraphs 1^er and 2 of this article, Member States may, at the request of the Bank and for specific cases, apply to the Bank for a term of " more than 75% " , up to 100% of the Bank's credits under the corresponding loan contracts.
4. The commitments of member States resulting from paragraphs 1^er, 2 and 3 are the subject of bonding contracts between each Member State and the Bank.
Article 9
1. Payments made to the Bank for special loans granted to ACP and PTOM states and to overseas French departments after 1^er June 1964, as well as the revenues and revenues of risk capital transactions after 1^er February 1971 in favour of these States, countries, territories and departments, return to the Member States on the pro rata of their contributions to the Fund, whose sums come from, unless the Council unanimously decides, on the proposal of the Commission, to reserve or allocate them to other operations.
The commissions due to the Bank for the management of loans and transactions referred to in the first paragraph are pre-cleared.
2. Without prejudice to Article 192 of the Agreement, income from interest on funds deposited with the European Delegated Payers referred to in Article 319, paragraph 4, of the Agreement shall be credited to one or more bank accounts opened on behalf of the Commission. These revenues are used by the Commission after notice of the EDF committee referred to in section 21, ruling by qualified majority to:
- cover administrative and financial costs arising from the management of the Fund ' s cash;
- use limited and long-term studies or expertise, in particular to strengthen its own capacity to analyse, diagnose and formulate structural adjustment policies;
- use limited and short-term audits and evaluations;
- use limited and short-term studies or expertise in the finalization phase of funding proposals.
However, on the Commission's proposal, the Commission may decide by a qualified majority under section 21, paragraph 4, to use the revenues referred to in this section for purposes other than those provided for in paragraph 2.
CHAPTER II
Article 10
1. Subject to sections 22, 23 and 24, and without prejudice to the Bank's responsibilities for the management of certain forms of assistance, the Fund shall be managed by the Commission, in accordance with the terms and conditions set out in the financial regulations referred to in section 32.
2. Subject to sections 28 and 29, at-risk capital and interest bonuses financed from the Fund's resources are managed by the Bank, on behalf of the Community, in accordance with its statutes and in accordance with the terms and conditions established by the Financial Regulations referred to in section 32.
Article 11
The Commission monitors the application of the Council's aid policy as well as the guidelines for cooperation in financing development defined by the Council of Ministers ACP-EC pursuant to Article 325 of the Convention.
Article 12
1. The Commission and the Bank shall, on a reciprocal and periodic basis, inform their requests for funding, as well as preliminary contacts with the competent authorities of the ACP States, the PTOMs and other beneficiaries of the assistance provided for in Article 230 of the Convention and the corresponding provisions of the decision, have taken with them prior to the submission of their applications.
2. The Commission and the Bank are kept informed of progress in the investigation of funding applications. They shall exchange all information of a general nature to promote the harmonization of management procedures and the direction to be given to the work from the perspective of development policy and the appreciation of applications.
Article 13
1. The Commission investigates projects and programs that, pursuant to Article 233 of the Convention and the corresponding provisions of the decision, are likely to be funded through grants on the Fund's resources.
The Commission also investigates requests for transfer under Part III, Part II, Chapter 1^erthe Convention and the corresponding provisions of the decision, as well as any projects and programmes that may be the subject of special funding facility under Part III, Part II, Chapter 3, of the Convention and the corresponding provisions of the decision.
2. The Bank investigates program projects that, pursuant to its statutes and articles 233 and 236 of the Convention and the corresponding provisions of the decision, are likely to be financed by loans on its enhanced own resources, or by venture capital.
3. Productive projects and programs in the sectors of the industry, agro-industry, tourism, mining and energy, as well as in transport and telecommunications related to these sectors, are presented to the Bank, which examines whether they can benefit from one of the forms of assistance managed by the Bank.
4. If, in the course of the Commission's or the Bank's instruction of a project or program, it appears that the project is not likely to be funded by any of the forms of assistance they provide for the management of, respectively, each of them sends these requests to the other institution, after information from the prospective recipient.
Article 14
Without prejudice to the general mandates that the Bank has received from the Community for the recovery of the capital and interest of special loans and operations under the special financing facility of the previous conventions, the Commission shall, on behalf of the Community, ensure the financial execution of transactions carried out on the Fund's resources in the form of grants, transfers or special financing facilities; it makes payments in accordance with the financial regulations referred to in section 32.
Article 15
1. The Bank provides, on behalf of the Community, the financial performance of operations on the Fund's resources in the form of risk capital. In this context, the Bank acts on behalf and risks of the Community. The latter shall have all the rights arising therefrom, including as a creditor or owner.
2. The Bank ensures the financial execution of loans on its own resources, with interest bonuses on the Fund's resources.
CHAPTER III
Article 16
1. In order to ensure the transparency and coherence of cooperative actions and to improve their complementarity with the bilateral aids of the Member States, the Commission shall communicate to the Member States and their representatives on site the identification sheets of projects as soon as the decision to conduct the investigation is taken. Subsequently, the Commission made an update of these identification forms and communicated it to the Member States.
2. For the same purpose of transparency, coherence and complementarity, the member states and the Commission shall periodically communicate the updated statement of development aids that they have given or are considering granting. In addition, and in particular in the priority areas for which the Council has adopted specific resolutions on coordination at the policy level, the Member States and the Commission shall exchange systematic information and exchange views on their policies and strategies by beneficiary country and agree, where desirable and possible, on sectoral orientations common countries by country, within the framework of the regular meetings between the representations of the Commission and the member States on site, in contacts
3. The Member States and the Commission also communicate within the framework of regular meetings between their representations on site, in bilateral contacts or meetings of experts from the member states and the Commission, and within the framework of the work of the EDF committee referred to in Article 21, the data they have on other bilateral, regional and multilateral aids granted or envisaged in favour of ACP States.
4. The Bank regularly and confidentially informs the representatives of the Member States and the Commission appointed of the projects in favour of the ACP States which it envisages instruction.
Article 17
1. The programming provided for in Article 281 of the Convention is provided in each ACP State under the responsibility of the Commission and with the participation of the Bank.
2. In order to prepare the programming, the Commission, as part of a strengthened coordination with the Member States, in particular those represented on the spot, and in conjunction with the Bank, conducts an economic and social analysis of each ACP State to identify the constraints that hinder development as well as sustainable development prospects and on this basis to assess the appropriate directions.
3. The analysis referred to in paragraph 2 further addresses the areas in which the Community is particularly active and those for which the call for community support can be considered, taking into account the priorities of the Community's cooperation policy; national policies at the macro-economic and sectoral level and their effectiveness, interventions by other donors, including Member States, linkages of interdependence between sectors, as well as an in-depth evaluation of past community aids and lessons learned.
4. Based on the analysis referred to in paragraph 2, the Commission prepares a comprehensive country and regional cooperation strategy paper proposing a Community response strategy.
Article 18
1. The representatives of the Member States, the Commission and the Bank shall examine this document, within the EDF committee referred to in Article 21, with a view to appreciating the general framework of the cooperation of the Community with each State and to ensure, as far as possible, the coherence and complementarity of the community assistance and that of the Member States. The Bank, for its part, will indicate what the amount of resources it plans to allocate to the ACP State could be.
2. On the basis of this review and the proposals made by the ACP State concerned, exchanges of views are held between the ACP State concerned, the Commission and the Bank for the party concerned, pursuant to Article 282 of the convention to establish the indicative programme of community assistance.
3. The indicative programme of community assistance for each ACP State is transmitted to the Member States to allow an exchange of views between the representatives of the Member States and the Commission. The exchange of views shall take place if the Commission or one or more member States so request.
4. The provisions of Article 17 and this Article relating to national programming shall apply mutatis mutandis to regional programming, on the basis of Article 160 of the Convention.
Article 19
1. Without prejudice to the possibility for the ACP State to request a revision of the indicative programma, provided for in Article 282, paragraph 3, this programme is revised in accordance with Article 282, paragraph 3, no later than three years after the entry into force of the second financial protocol, or when the total amount of funding decisions taken under the indicative programme of the ACP State has reached 80% of the first financial tranche of the indicative allocation, if
2. Following the mid-term review of the indicative programme of an ACP State, and taking into account the elements referred to in Article 282, paragraph 4, of the Convention, the Commission appreciates the real need of the ACP State in terms of financial commitments, until the end of the period of the second financial protocol of the convention. The Commission shall, on a case-by-case basis, decide on the allocation and level of a second tranche of the indicative programme, after an exchange of views with the Member States within the framework of the EDF committee in accordance with Article 23, on the basis of a summary document of the services of the Commission.
Rule 20
1. The provisions of the agreement relating to support for adjustment are implemented on the basis of the following principles:
(a) by analyzing the situation of the States concerned, the Commission, based on a diagnosis based on the indicators referred to in Article 246 of the Convention, appreciates the extent and effectiveness of the reforms undertaken or envisaged in the areas covered by this Article, and in particular monetary, fiscal and fiscal policies;
(b) support for structural adjustment must be directly linked to the actions and measures adopted by the State concerned in accordance with this adjustment;
(c) procedures for contract allocation must be sufficiently flexible to adapt to the normal administrative and commercial procedures of the ACP States concerned;
(d) subject to point (c) and when import programs are applied, each fixed structural adjustment support program, for imports, the procurement system and, in this context, the values per order corresponding to the two competitive appeal levels:
- international tender,
- market at will.
However, with respect to state and para-public imports, the usual public procurement procedures will be followed;
e) at the request of the ACP State concerned and after consultation with it, technical assistance is made available to the ACP agency responsible for the execution of the programme.
The Commission, when negotiating technical assistance, will ensure that the technical assistance is responsible for:
- to control the operational execution of the program,
- to ensure that imports are made at the best quality/price conditions, after consultation as wide as possible with ACP and CE suppliers,
- to advise importers, whenever technically possible and economically justified, to expand their markets.
Technical assistance may, where appropriate, assist importers, if they wish, to consolidate their orders when the goods to be imported are homogeneous and thus obtain a better value for money;
(f) direct budget support must be fully consistent with the macro-economic and budgetary framework as part of the overall reform agenda and must be subject to the usual exceptions applied in the context of general and sectoral import programs. In particular, assistance should not be used to support expenditures for military purposes.
2. The Commission will inform Member States as much as necessary and at least once a year of the implementation of the adjustment support programmes and any problems with respect to the maintenance of eligibility. This information, together with all necessary information, including statistics, will in particular cover the effective implementation of the agreement with the ACP organization responsible for the delivery of the program, including the provisions for consultations referred to in paragraph 1^er(e), second paragraph, second dash. On the basis of this information, the conduct of import programmes and coordination with other donors, the Council, acting on the proposal of the Commission and the qualified majority provided for in Article 21, paragraph 4, may adapt the modalities for the implementation of these programmes, as defined in paragraph 1^er.
CHAPTER IV
Article 21
1. It is established with the Commission, for the resources of the Fund it manages, a committee composed of representatives of the governments of the Member States, called the "FED committee".
The EDF committee is chaired by a representative of the Commission; the secretariat is provided by the Commission.
A representative of the Bank participates in his work.
2. The Council, by unanimous decision, sets out the rules of procedure of the FED Committee.
3. The voices of member states in the EDF committee are affected by the following weight:
Belgium . . . . . 9
Denmark . . . . 5
Germany . . . . . 50
Greece . . . . 4
Spain . . . . . 13
France . . . . . 52
Ireland . . . . . 2
Italy . . . . . 27
Luxembourg . . . . 1
Netherlands . . . . . . 12
Austria . . . . . 6
Portugal . . . . . 3
Finland . . . . . 4
Sweden . . . . 6
United Kingdom . . . . . 27
4. The FED Committee shall vote by a qualified majority of 145 votes, expressing the favourable vote of at least 8 Member States.
5. The weighting referred to in paragraph 3 and the qualified majority referred to in paragraph 4 shall be amended by a decision of the Commission, deciding unanimously, in the case referred to in section 1^erparagraph 2 (b).
Article 22
1. The EDF committee focuses its work on the substance problems of country-by-country cooperation and seeks appropriate coordination of the approaches and actions of the Community and its member States with a view to seeking coherence and complementarity.
2. The tasks of the EDF committee are at three levels:
- the programming of community aid,
- monitoring the implementation of community assistance, including its sectoral aspects,
- the decision-making process.
Article 23
With respect to programming, the review referred to in section 18, paragraph 1^erand the exchange of views provided for in articles 18, paragraph 3, and 19, paragraph 2, are intended to achieve the desirable consensus between the Commission and the member States. This review and exchange of views are held at the EDF committee and include:
- on the general framework of community cooperation with each ACP State, in particular the areas or areas of concentration envisaged and the measures envisaged to achieve the objectives set out in those areas, as well as the general guidelines envisaged for the implementation of general cooperation,
- on the coherence and complementarity of community assistance and that of member states.
In the case that i] would not be possible to reach the consensus referred to in the first paragraph, and at the request of a Member State or Commission, the EDF Committee shall also give its opinion to the qualified majority, as provided for in Article 21.
Article 24
With regard to the monitoring of the implementation of cooperation, discussions are held within the EDF committee on:
- problems of development policy and any problems of a general and/or sectoral nature that may arise from the implementation of the various projects or programmes financed from resources managed by the Commission, taking into account the experiences and actions of member States,
- the approach of the Community and its Member States in support of the adjustment to the States concerned, including the use of counterpart funds,
- review of modifications and adaptations that may appear necessary in indicative programs and support for adjustment,
- the mid-term reviews, if any, requested by the EDF committee upon approval of funding proposals for specific projects or programmes,
- Community aid assessments when they raise issues related to the work of the EDF committee.
Rule 25
1. With respect to the decision-making process, the EDF Committee shall give its opinion, by qualified majority, as provided for in section 21, on:
(a) the eligibility of ACP States to support structural adjustment resources, except in cases where, pursuant to Article 246, paragraph 2, of the Convention, this eligibility is automatic;
(b) funding proposals for projects or programs of a value greater than two million programs, in accordance with a written procedure or a normal procedure, the terms and conditions of which will be specified in the rules of procedure referred to in Article 21, paragraph 2;
(c) funding proposals in support of adjustment or special funding facility (SYSMIN), regardless of the amount;
(d) the periodic funding proposals established pursuant to Article 9, paragraph 2 (use of interests).
2. The Commission is empowered to approve, without resorting to ], the EDF committee's advice, operations of less than two million operations.
3. (a) The Commission is also empowered, under the conditions set out in point (b), to approve, without recourse to the advice of the EDF committee, the additional commitments required, either to cover overtakings to be planned or registered under a project or programme referred to in paragraph 1^er, point (b), and paragraph 2 to cover the additional funding requirements of structural adjustment units for proposals referred to in paragraph 1^er, point c), where the additional overtaking or need is less than or equal to 20% of the initial registration set by the funding decision.
(b) When the additional commitment referred to in (a) is less than four million EDF, the EDF committee is informed of the Commission's decision. When the additional commitment referred to in (a) is greater than four million members but less than 20%, the opinion of the EDF committee will be sought on simplified and accelerated procedures that will be clarified, on the basis of Commission proposals, on the occasion of the adoption of the rules of procedure of the EDF committee.
4. The funding proposals include the situation of projects or programmes of action as part of the development prospects of the country(s) concerned, as well as their adequacy to sectoral or macroeconomic policies supported by the Community. They indicate the use in these countries of the Community's previous aids in the same sector, and indicate, in the case of project-by-project evaluations for that sector.
5. The funding proposals for structural adjustment specify, in particular, the budgetary allocation points that are direct or indirect.
6. For the purpose of speeding up the procedures, funding proposals may cover aggregate amounts when funding:
(a) training;
(b) decentralized cooperation;
(c) micro-realizations;
(d) Trade promotion and trade development;
(e) limited stock sets in a specified sector;
(f) technical cooperation.
Rule 26
1. When the EDF committee requests substantial amendments to one of the proposals referred to in section 25, paragraph 1^er, or in the absence of a favourable opinion on it, the Commission shall consult with the representatives of the ACP(s) concerned.
After the consultation, the Commission shall communicate to the member States the results of the consultation at the next meeting of the FED Committee.
2. After the consultation referred to in paragraph 1^er, the Commission may submit a revised or completed proposal to the EDF committee at any of its subsequent meetings.
3. If the EDF committee confirms its refusal of favourable opinion, the Commission shall inform the relevant ACP States or States that may request:
- that the problem be referred to in the ACP-EC Ministerial Committee referred to in Article 325 of the Convention, below referred to as the "Cooperation Committee for Financing for Development", or
- to be heard by the decision-making bodies of the Community, under the conditions provided for in Article 27, paragraph 2.
Rule 27
1. The proposals referred to in Article 25, paragraph 1^er, along with the advice of the FED Committee, are submitted for decision to the Commission.
2. If the Commission decides to deviate from the opinion expressed by the FED Committee, or in the absence of a favourable opinion from the FED Committee, it must either withdraw the proposal, or, as soon as possible, refer to the Council, which decides in the same voting conditions as the FED Committee, within a time limit which, in general, cannot exceed two months.
In the latter case, and when it comes to funding proposals, the ACP State concerned may, if it has not decided to refer the Co-operation Committee to the financing of development, transmit to the Council, in accordance with Article 289, paragraph 3, of the Convention, any element that would appear necessary to complete its information before the final decision, and be heard by the President and members of the Council.
Rule 28
1. The Bank shall be established a committee composed of representatives of the governments of the Member States, as referred to as the "Committee of Article 28".
The Committee of Article 28 is chaired by the representative of the Member State exercising the presidency of the Board of Governors of the Bank; the secretariat is provided by the Bank.
A representative of the Commission participated in his work.
2. The Council, unanimous in its decision, shall determine the rules of procedure of the Committee of Rule 28.
3. The weighting of the votes of the Member States and the qualified majority applicable to the committee of section 28 are those resulting from the application of article 21, paragraphs 3, 4 and 5.
Rule 29
1. The Article 28 committee shall issue a notice, by qualified majority, on requests for enhanced loans, as well as on proposals for risk-based financing submitted by the Bank.
The representative of the Commission may present, in session, the appreciation of his institution on these proposals. This evaluation focuses on the conformity of projects with the Community's development assistance policy, with the objectives of financial and technical cooperation defined by the convention and with the general guidelines established by the Council of Ministers ACP-EC.
In addition to the tasks set out in the first paragraph, the Article 28 Committee may, at the request of the Bank or, with the agreement of the Bank, at the request of one or more Member States, undertake:
- consideration of issues related to development policy, as they are directly opposed to the Bank's activities under the project;
- exchanges of views on the practical designs of the Bank and member States for project financing from a coordination perspective;
- discussions on issues arising from the evaluations of the Bank's activities referred to in Article 30, paragraph 6.
2. The document submitted by the Bank to the Article 28 Committee sets out, inter alia, the situation of the project in the context of the development prospects of the country(s) concerned and indicates, where appropriate, the status of reimbursable aids provided by the Community and the status of participations taken by the Community, as well as the use of previous aids in the same sector; where they exist, the project evaluations for this sector are attached.
3. When, for an enhanced loan application, the committee of section 28 issues a favourable opinion, the application, together with the reasoned advice of the committee and, where appropriate, the assessment given by the representative of the Board, is submitted for decision to the Board of Directors of the Bank, which shall take action in accordance with the Bank's statutes.
In the absence of a favourable opinion from the committee, the Bank withdraws the application or decides to maintain it. In the latter case, the application, accompanied by the reasoned opinion of the committee and, if any, by the representative of the Board, shall be submitted for decision to the Board of Directors of the Bank, which shall take action in accordance with the Bank's statutes.
4. When the Article 28 committee issues a favourable opinion on a proposal for financing by risk capital, it shall be submitted to the Board of Directors of the Bank for decision in accordance with the Bank's statutes.
In the absence of a favourable opinion from the Committee, the Bank, pursuant to Article 289, paragraphs 2 and 3, of the Convention, shall inform the representatives of the ACP(s) concerned, who may request:
- whether the problem is raised in the development finance cooperation committee, or
- to be heard by the competent organ of the Bank.
After this hearing, the Bank can:
- decide not to follow up on this proposal,
- either ask the Member State who chairs the Committee of Article 28 to refer the Council as soon as possible.
In the latter case, the proposal shall be submitted to the Council, together with the advice of the Committee of Article 28 and, where appropriate, the appreciation given by the representative of the Commission as well as any elements that it would appear necessary for the ACP State concerned to provide to complete the information of the Council.
The Council shall take action in the same voting conditions as the Committee of Article 28.
If the Commission confirms the position taken by the Article 28 Committee, the Bank withdraws its proposal.
If, on the contrary, the Council favours the Bank ' s proposal, the Bank shall implement the procedures set out in its statutes.
Rule 30
1. The Commission and the Bank shall ensure, each with respect to it, the conditions under which the aids of the Community of which they provide management are implemented by the ACP States, the PTOM or other potential beneficiaries.
2. The Commission and the Bank also ensure, each with respect to it, in close liaison with the authorities responsible for the country(s) concerned, the conditions under which the achievements that have been funded by community aids are used by beneficiaries.
3. As part of paragraphs 1^er and 2, the Commission and the Bank examine the extent to which the objectives referred to in articles 220 and 221 of the Convention and the relevant provisions of the decision have been achieved.
4. The Bank regularly communicates to the Commission all information relating to the implementation of the projects funded from the funds it manages.
5. The Commission and the Bank shall inform the Council, at the end of the expiry of the financial protocol annexed to the Convention, of the compliance with the conditions referred to in paragraphs 1, 2 and 3. The Commission and Bank report also includes an assessment of the impact of community assistance on the economic and social development of recipient countries.
6. The Board is periodically informed of the results of the work carried out by the Commission and the Bank on the evaluation of current or completed achievements, including in relation to the desired development objectives.
CHAPTER V
Rule 31
1. For STABEX transfers referred to in Part III, Part II, Chapter 1^er, of the convention and in the corresponding provisions of the decision, the amounts are expressed in explanatory material.
2. Payments are made in cash.
3. The Commission shall prepare annually, to the attention of the Member States, a synthesis report on the operation of the export revenue stabilization system and the use by the ACP States of the transferred funds.
In particular, this report outlines the impact of transfers on the development of the sectors to which they were assigned.
4. Paragraph 3 is also applicable with respect to MOPs.
CHAPTER VI
Rule 32
The provisions of this Agreement shall be subject to a financial regulation, as soon as the Agreement Amending the Fourth ACP-EC Agreement comes into force, by the Council deciding on the qualified majority provided for in Article 21, paragraph 4, on the basis of a draft of the Commission and after notice of the Bank, with respect to the provisions of this Agreement, and of the Court of Auditors established in Articles 188.
Rule 33
1. At the end of each financial year, the Board shall consider the past management and balance sheet of the Fund.
2. Without prejudice to paragraph 5, the Court of Auditors shall also exercise its powers with respect to the operations of the Fund. The conditions under which the Court of Auditors exercises its powers are determined in the financial regulations referred to in section 32.
3. The discharge of the financial management of the Fund shall be given to the Commission by the European Parliament on the recommendation of the Council, which shall rule by the qualified majority provided for in Article 21, paragraph 4.
4. The information referred to in Article 30, paragraph 4, shall be held by the Board at the disposal of the Court of Auditors in order to enable the Court to carry out its control over parts of the assistance provided on the Fund's resources.
5. Fund-funded operations that the Bank manages are subject to the control and discharge procedures set out in the Bank's statutes for all operations. The Bank shall report annually to the Board and the Board on the implementation of the Fund's resource-funded operations, which it manages.
6. The Commission draws, in agreement with the Bank, the list of information it receives from the Bank, periodically, to allow it to assess the conditions under which the Bank executes its mandate, and with the aim of promoting close coordination between the Commission and the Bank.
Rule 34
1. Without prejudice to transfers referred to in Article 1^er(a) under (ii):
- the relic of the Fund established by the 1975 Internal Agreement on the Financing and Management of Community Assistance continues to be administered under the conditions set out in the Agreement and by the regulations in force on 28 February 1980;
- the remainder of the Fund established by the 1979 Internal Agreement on the Financing and Management of Community Aids continues to be administered under the conditions provided for by the Agreement and by the regulations in force on 28 February 1985;
- the remainder of the Fund established by the Internal Agreement of 1985 on the financing and management of the Community's aids continues to be administered under the conditions provided for by the said Agreement and the regulations in force of 28 February 1990;
- the relic of the Fund established by the 1990 internal agreement on the financing and management of the Community's aids continues to be administered under the conditions provided for by the said Agreement and the regulations in force of 28 February 1995.
2. In the event that a lack of resources due to the depletion of the reliquat would compromise the successful completion of projects funded under the funds referred to in paragraph 1, additional funding proposals may be submitted by the Commission in accordance with the procedure provided for in Article 21.
Rule 35
1. This Agreement shall be approved by each Member State in accordance with its own constitutional rules. The Government of each Member State shall notify the General Secretariat of the Council of the European Union of the completion of the procedures required for the entry into force of this Agreement.
2. This Agreement shall be concluded for the same period as the second financial protocol annexed to the Convention. However, it remains in force to the extent necessary for the full implementation of all transactions financed under the Convention and the Protocol.
Rule 36
This Agreement, written in a single copy in the German, English, Danish, Spanish, Finnish, French, Greek, Italian, Portuguese, Dutch and Swedish languages, shall be deposited in the archives of the General Secretariat of the Council of the European Union, which shall issue a certified copy to each of the governments of the signatory States.
____
Note
(1) OJ No. L 379 of 30 December 1978, p. 1, Regulation as amended by Regulation (EEC) No. 1971/89 (OJ No. L 189 of 4 July 1989. p, 1).

Agreement Amending the Fourth ACP-EU Convention of Lomé of 15 December 1989 and Final Act of 4 November 1995. - List of related states
For the consultation of the table, see image

Protocol to the Fourth ACP-EU Convention of Lomé following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, made in Mauritius on 4 November 1995
List of related states
For the consultation of the table, see image

Internal agreement between the representatives of the Governments of the Member States, gathered within the Council, on the financing and management of the assistance of the Community under the Second Financial Protocol of the Fourth ACP-EC Convention, signed in Brussels on 20 December 1995. - List of related States
For the consultation of the table, see image

Law On Consent To: 1. Agreement Amending The Fourth Convention A.c.p.-C.e. Lomé On 15 December 1989, Final Act, And Protocol To The Fourth Convention A.c.p.-C.e. Of Lomé Following The Accession Of The Republic Of Austria, Of

Original Language Title: Loi portant assentiment à : 1. Accord portant modification de la quatrième Convention A.C.P.-C.E. de Lomé du 15 décembre 1989, Acte finale, et Protocole à la quatrième Convention A.C.P.-C.E. de Lomé à la suite de l'adhésion de la République d'Autriche, de

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