Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them Articles 52 to 55 of the Constitution ;
Vu la Act No. 2007-1645 of 23 November 2007 authorizing the ratification of the agreement amending the partnership agreement, signed in Cotonou on 23 June 2000, between the members of the group of African, Caribbean and Pacific States, on the one hand, and the European Community and its member States, on the other, signed in Luxembourg on 25 June 2005;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2003-348 of 7 April 2003 publishing the partnership agreement between the members of the group of African, Caribbean and Pacific States, on the one hand, and the European Community and its member States, on the other hand, signed in Cotonou on 23 June 2000,
Decrete:
The agreement to amend the partnership agreement, signed in Cotonou on 23 June 2000, between the members of the group of African, Caribbean and Pacific States, on the one hand, and the European Community and its Member States, on the other hand, signed in Luxembourg on 25 June 2005, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
MODIFIANT L'ACCORD DE PARTENARIAT, SIGNÉ à COTONOU ON 23 JUNE 2000, ENTER LES MEMBERS DU GROUPE DES ÉTATS D'AFRIQUE, DES CARAÏBES ET DU PACIFIQUE, D'UNE PART, ET LA COMMUNAUTÉ EUROPÉNNE ET SES ÉTATS MEMBRES, D'AUTRE PART
His Majesty the King of the Belges,
The President of the Czech Republic,
Her Majesty the Queen of Denmark,
President of the Federal Republic of Germany,
President of the Republic of Estonia,
The President of the Hellenic Republic,
His Majesty the King of Spain,
The President of the French Republic,
The President of Ireland,
The President of the Italian Republic,
The President of the Republic of Cyprus,
The President of the Republic of Latvia,
The President of the Republic of Lithuania,
His Royal Highness the Grand Duke of Luxembourg,
President of the Republic of Hungary,
The President of Malta,
Her Majesty the Queen of the Netherlands,
Federal President of the Republic of Austria,
President of the Republic of Poland,
President of the Portuguese Republic,
President of the Republic of Slovenia,
The President of the Slovak Republic,
The President of the Republic of Finland,
The Government of the Kingdom of Sweden,
Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland,
Contracting Parties to the Treaty establishing the European Community, hereafter referred to as the "Community", and of which the States are referred to as "Member States",
and
The European Community,
on the one hand, and
President of the Republic of Angola,
Her Majesty the Queen of Antigua and Barbuda,
The Commonwealth Head of State of the Bahamas,
The Head of State of Barbados,
Her Majesty the Queen of Belize,
The President of the Republic of Benin,
The President of the Republic of Botswana,
President of Burkina Faso,
The President of the Republic of Burundi,
President of the Republic of Cameroon,
President of the Republic of Cape Verde,
President of the Central African Republic,
President of the Islamic Federal Republic of the Comoros,
President of the Democratic Republic of the Congo,
President of the Republic of the Congo,
The Cook Islands Government,
President of the Republic of Côte d'Ivoire,
President of the Republic of Djibouti,
The Commonwealth Government of Dominica,
President of the Dominican Republic,
The President of Eritrea State,
President of the Federal Democratic Republic of Ethiopia,
The President of the Sovereign and Democratic Republic of Fiji,
The President of the Gabonese Republic,
The President and the Head of State of the Republic of Gambia,
President of the Republic of Ghana,
Her Majesty the Queen of Granada,
President of the Republic of Guinea,
The President of the Republic of Guinea-Bissau,
President of the Republic of Equatorial Guinea,
The President of the Republic of Guyana,
President of the Republic of Haiti,
The Head of State of Jamaica,
President of the Republic of Kenya,
The President of the Republic of Kiribati,
His Majesty the King of the Kingdom of Lesotho,
President of the Republic of Liberia,
President of the Republic of Madagascar,
The President of the Republic of Malawi,
President of the Republic of Mali,
The Government of the Republic of the Marshall Islands,
President of the Islamic Republic of Mauritania,
The President of the Republic of Mauritius,
The government of the Federated States of Micronesia,
The President of the Republic of Mozambique,
The President of the Republic of Namibia,
The Government of the Republic of Nauru,
President of the Republic of Niger,
President of the Federal Republic of Nigeria,
The government of Niué,
The Government of the Republic of Palau,
Her Majesty the Queen of the Independent State of Papua New Guinea,
The President of the Republic of Rwanda,
Her Majesty the Queen of Saint-Christophe and Nevis,
Her Majesty the Queen of Saint Lucia,
Her Majesty the Queen of Saint Vincent and the Grenadines,
The Head of State of the Independent State of Samoa,
The President of the Democratic Republic of São Tomé e Príncipe,
President of the Republic of Senegal,
The President of the Republic of Seychelles,
The President of the Republic of Sierra Leone,
Her Majesty the Queen of Solomon Islands,
President of the Republic of South Africa,
The President of the Republic of the Sudan,
The President of the Republic of Suriname,
His Majesty the King of the Kingdom of Swaziland,
The President of the United Republic of Tanzania,
The President of the Republic of Chad,
President of the Republic of Togo,
His Majesty King Taufa'Ahau Tupou IV of Tonga,
The President of the Republic of Trinidad and Tobago,
Her Majesty the Queen of Tuvalu,
President of the Republic of Uganda,
The Government of the Republic of Vanuatu,
President of the Republic of Zambia,
Government of the Republic of Zimbabwe,
of which States are referred to as "ACP States",
on the other hand,
Considering the Treaty establishing the European Community, on the one hand, and the agreement of Georgetown establishing the group of African, Caribbean and Pacific States (ACP), on the other hand,
Considering the partnership agreement between the members of the group of African, Caribbean and Pacific States, on the one hand, and the European Community and its member States, on the other hand, signed in Cotonou on 23 June 2000 (hereinafter referred to as the "Cotonou Agreement"),
CONSIDERING that Article 95, paragraph 1, of the Cotonou Agreement sets the duration of the agreement to twenty years from 1 March 2000,
CONSIDERING that Article 95, paragraph 3, second paragraph, of the Cotonou Agreement provides that ten months before the expiry of the current five-year period, the parties shall enter into negotiations with a view to examining possible amendments to the provisions of the Cotonou Agreement,
DECIDED to sign this Agreement Amending the Cotonou Agreement and have designated as Plenipotentiaries for this purpose:
His Majesty the King of the Belges,
The President of the Czech Republic,
Her Majesty the Queen of Denmark,
President of the Federal Republic of Germany,
President of the Republic of Estonia,
The President of the Hellenic Republic,
His Majesty the King of Spain,
The President of the French Republic,
The President of Ireland,
The President of the Italian Republic,
The President of the Republic of Cyprus,
The President of the Republic of Latvia,
The President of the Republic of Lithuania,
His Royal Highness the Grand Duke of Luxembourg,
President of the Republic of Hungary,
The President of Malta,
Her Majesty the Queen of the Netherlands,
Federal President of the Republic of Austria,
President of the Republic of Poland,
President of the Portuguese Republic,
President of the Republic of Slovenia,
The President of the Slovak Republic,
The President of the Republic of Finland,
The Government of the Kingdom of Sweden,
Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland,
The European Community,
President of the Republic of Angola,
Her Majesty the Queen of Antigua and Barbuda,
The Commonwealth Head of State of the Bahamas,
The Head of State of Barbados,
Her Majesty the Queen of Belize,
The President of the Republic of Benin,
The President of the Republic of Botswana,
President of Burkina Faso,
The President of the Republic of Burundi,
President of the Republic of Cameroon,
President of the Republic of Cape Verde,
President of the Central African Republic,
President of the Islamic Federal Republic of the Comoros,
President of the Democratic Republic of the Congo,
President of the Republic of the Congo,
The Cook Islands Government,
President of the Republic of Côte d'Ivoire,
President of the Republic of Djibouti,
The Commonwealth Government of Dominica,
President of the Dominican Republic,
The President of Eritrea State,
President of the Federal Democratic Republic of Ethiopia,
The President of the Sovereign and Democratic Republic of Fiji,
The President of the Gabonese Republic,
The President and the Head of State of the Republic of Gambia,
President of the Republic of Ghana,
Her Majesty the Queen of Granada,
President of the Republic of Guinea,
The President of the Republic of Guinea-Bissau,
President of the Republic of Equatorial Guinea,
The President of the Republic of Guyana,
President of the Republic of Haiti,
The Head of State of Jamaica,
President of the Republic of Kenya,
The President of the Republic of Kiribati,
His Majesty the King of the Kingdom of Lesotho,
President of the Republic of Liberia,
President of the Republic of Madagascar,
The President of the Republic of Malawi,
President of the Republic of Mali,
The Government of the Republic of the Marshall Islands,
President of the Islamic Republic of Mauritania,
The President of the Republic of Mauritius,
The government of the Federated States of Micronesia,
The President of the Republic of Mozambique,
The President of the Republic of Namibia,
The Government of the Republic of Nauru,
President of the Republic of Niger,
President of the Federal Republic of Nigeria,
The government of Niué,
The Government of the Republic of Palau,
Her Majesty the Queen of the Independent State of Papua New Guinea,
The President of the Republic of Rwanda,
Her Majesty the Queen of Saint-Christophe and Nevis,
Her Majesty the Queen of Saint Lucia,
Her Majesty the Queen of Saint Vincent and the Grenadines,
The Head of State of the Independent State of Samoa,
The President of the Democratic Republic of São Tomé e Príncipe,
President of the Republic of Senegal,
The President of the Republic of Seychelles,
The President of the Republic of Sierra Leone,
Her Majesty the Queen of Solomon Islands,
President of the Republic of South Africa,
The President of the Republic of the Sudan,
The President of the Republic of Suriname,
His Majesty the King of the Kingdom of Swaziland,
The President of the United Republic of Tanzania,
The President of the Republic of Chad,
President of the Republic of Togo,
His Majesty King Taufa'ahau Tupou IV of Tonga,
The President of the Republic of Trinidad and Tobago,
Her Majesty the Queen of Tuvalu,
President of the Republic of Uganda,
The Government of the Republic of Vanuatu,
President of the Republic of Zambia,
Government of the Republic of Zimbabwe,
LESQUELS, after having exchanged their full powers recognized in due form,
AGAINST WHO ITS:
Single article
In accordance with the procedure referred to in Article 95, the Cotonou Agreement is amended by the following provisions:
A. ― Preamble
1. After the eighth considering beginning with the words: " CONSIDERING the Convention for the Protection of Human Rights...", the following considerations are inserted:
"REAFFIRMING that the most serious crimes affecting the international community cannot remain unpunished and that their repression must be effectively ensured by taking measures at the national level and ensuring overall collaboration;
CONSIDERING that the establishment and effective functioning of the International Criminal Court is an important development for peace and international justice; "
2. The tenth considering beginning with the words: "WHERE that the objectives and principles of development..." is replaced by the following text:
"WARE that the Millennium Development Goals, derived from the Millennium Declaration adopted by the General Assembly of the United Nations in 2000, such as the eradication of extreme poverty and hunger, as well as the development goals and principles agreed at the United Nations conferences offer a clear vision and must underpin ACP-EU cooperation within the framework of this Agreement; "
B. ― Text of the articles of the Cotonou Agreement
1. In section 4, the introductory part is replaced by the following text:
"The ACP States determine, in all sovereignty, the principles and strategies for development, and the models of their economies and societies. They shall establish with the Community the cooperation programmes provided for in this Agreement. However, the parties recognize the complementary role and potential contribution of non-State actors and decentralized local authorities to the development process. To this end, in accordance with the conditions laid down in this Agreement, non-State actors and decentralized local authorities, as the case may be:".
2. Section 8 is amended to read:
(a) Paragraph 2 is replaced by the following:
“2. The objective of this dialogue is to exchange information, encourage mutual understanding, and facilitate the definition of common priorities and principles, in particular by recognizing the links between the different aspects of relations between the parties and between the various areas of cooperation provided for in this Agreement. The dialogue should facilitate consultations among parties within international forums. The purpose of the dialogue is also to prevent situations in which a party might consider it necessary to use the consultation procedures provided for in articles 96 and 97. » ;
(b) Paragraph 6 is replaced by the following:
« 6. The dialogue is conducted with all the necessary flexibility. It may, as appropriate, be formal or informal, take place within and outside the institutional framework, including the ACP group and the Joint Parliamentary Assembly, in the most appropriate form and level, including at the regional, subregional or national level. » ;
(c) The following paragraph shall be inserted:
"6 a. Where applicable, and in order to prevent situations in which a party might consider it necessary to use the consultation procedure provided for in Article 96, the dialogue on essential elements must be systematic and formalized in accordance with the terms set out in Annex VII. »
3. In section 9, the title is replaced by the following text:
"Essential elements concerning human rights, democratic principles and the rule of law, and a fundamental element of good governance. »
4. Section 11 is amended to read:
(a) the following paragraph shall be inserted:
"3 a. The parties also undertake to cooperate in the prevention of mercenary activities in accordance with their obligations under international conventions and instruments, as well as their respective laws and regulations. » ;
(b) The following paragraph shall be inserted:
« 6. By promoting the strengthening of international peace and justice, the parties reaffirm their commitment to:
share experiences with respect to the adoption of legal amendments necessary to enable the ratification and implementation of the Rome Statute of the International Criminal Court, and
• Combat international crime in accordance with international law, with due regard to the Rome Statute.
The parties endeavour to take measures to ratify and implement the Rome Statute and related instruments. »
5. The following articles are inserted:
“Article 11 a
Combating terrorism
The parties reiterate their firm condemnation of any act of terrorism and pledge to combat terrorism through international cooperation, in accordance with the Charter of the United Nations and international law, relevant conventions and instruments, including through the full implementation of United Nations Security Council resolutions 1373 (2001) and 1456 (2003) and other relevant United Nations resolutions. To this end, the parties undertake to exchange:
information on terrorist groups and their support networks, and
- reflections on how and how to combat acts of terrorism, including by technical means and training, and their experiences in the prevention of terrorism.
Article 11 (b)
Cooperation in the fight against the proliferation of weapons
of Mass Destruction
1. The parties believe that the proliferation of weapons of mass destruction and their means of delivery, both state and non-state actors, is one of the most serious threats to international stability and security.
The parties therefore agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery by ensuring full compliance and national implementation of their obligations under international disarmament and non-proliferation treaties and agreements and their other international obligations in this regard.
The parties agree that this provision is an essential element of this agreement.
2. The parties also agree to cooperate in achieving the non-proliferation objective:
- taking measures to sign or ratify or accede to all other relevant international instruments, as appropriate, and to fully implement them,
― by establishing an effective system of national export controls, covering both the export and transit of goods related to weapons of mass destruction, including a control of the final use of dual-use technologies in the framework of weapons of mass destruction and providing effective sanctions for violations of export controls.
Financial and technical assistance in the field of cooperation in the fight against the proliferation of weapons of mass destruction will be financed by specific instruments other than those for ACP-EC cooperation.
3. The parties agree to establish a permanent political dialogue that will accompany and consolidate their cooperation in this area.
4. If, despite a strengthened political dialogue, a party, in particular informed by the reports of the International Atomic Energy Agency (IAEA), the Organization for the Prohibition of Chemical Weapons (OPCW) and other relevant multilateral institutions, considers that the other failed in an obligation under paragraph 1, it provides the other party as well as the Councils of Ministers ACP and EU, except in the event of a particular emergency, the elements of an in-depth review To that end, it invites the other party to consult, focusing on the measures taken or to be taken by the party concerned in order to remedy the situation.
5. Consultations are conducted at the most appropriate level and form to find a solution.
Consultations begin no later than thirty days after the invitation and continue for a specified period of agreement, depending on the nature and gravity of the breach. In all cases, the consultation process dialogue shall not last more than one hundred and twenty days.
6. If consultations do not lead to a solution acceptable to the parties, in the event of a refusal of consultation or in the event of a particular emergency, appropriate measures may be taken. These measures are lifted as soon as the reasons for their reasons disappear. »
6. In section 23, the following text is added:
“(l) promoting traditional knowledge. »
7. In section 25, paragraph 1, item (d) is replaced by the following text:
“(d) promote the fight against:
HIV/AIDS, while ensuring the protection of sexual and reproductive health and the rights of women,
other poverty-related diseases, including malaria and tuberculosis; "
8. Section 26 is amended to read:
(a) items (c) and (d) are replaced by the following:
“(c) to assist organizations from local communities to give children the opportunity to develop their physical, psychological and socio-economic potential;
(d) reintegrating children into society in post-conflict situations, through rehabilitation programmes, and”;
(b) the following item is added:
"e) encourage the active participation of young citizens in public life and promote both the exchange of students and the interaction of the youth organizations of the ACP and the European Union. »
9. In section 28, the introductory part is replaced by the following text:
"Cooperation effectively contributes to the achievement of the objectives and priorities set by ACP States within the framework of regional and subregional cooperation and integration, including interregional and intra-ACP cooperation. Regional cooperation may also involve non-ACP developing countries and overseas countries and territories (PTOM) and ultra-peripheral regions. In this context, cooperation must focus on: ".
10. In section 29, item (a), item (i) is replaced by the following text:
"(i) regional integration institutions and organizations created by ACP States and those of ACP States, which promote regional cooperation and integration, and".
11. In section 30, paragraph 2 is replaced by the following text:
“2. Cooperation also supports interregional and intra-ACP cooperation projects and initiatives, including those involving non-ACP developing countries. »
12. In section 43, paragraph 4, the following dash is added:
"– the development and encouragement of the use of local content for information and communications technologies. »
13. Section 58 is replaced by the following text:
“Article 58
Eligibility to finance
1. The following entities or organizations are eligible for financial support under this Agreement:
(a) ACP States;
(b) regional or inter-state bodies of one or more ACP States, including bodies of non-ACP States, which are authorized by these ACP States, and
(c) the joint bodies established by ACP States and the Community to achieve specific objectives.
2. Also benefiting from financial support with the agreement of the ACP State or the States concerned:
(a) national and/or regional public bodies and ministries of ACP States, including parliaments, including financial institutions and development banks;
(b) companies, companies and other private economic organizations and agents of ACP States;
(c) the enterprises of a member State of the Community to enable them, in addition to their own contribution, to undertake productive projects in the territory of an ACP State;
(d) ACP or EC financial intermediaries granting, promoting and financing private investments in ACP States;
(e) decentralized local authorities of ACP and Community States, and
(f) developing countries that are not part of the ACP group, when participating in a joint initiative or regional organization with ACP States.
3. Non-State actors of ACP States of the Community, which are local in nature, are eligible for financial support under this Agreement, in accordance with the terms set out in national and regional indicative programmes. "
14. In section 68, paragraphs 2 and 3 are replaced by the following text:
“2. The aim of support for short-term fluctuations in export revenues is to preserve socio-economic reforms and policies that may be affected by a decline in revenues and to address the adverse effects of the instability of export revenues from agricultural and mining products.
3. The extreme dependence of ACP economies on exports, including those of the agricultural and mining sectors, will be taken into account in the allocation of resources for the year of application. In this context, the least developed, landlocked, island and post-conflict or natural post-catastrophe countries will benefit from more favourable treatment. »
15. In section 89, paragraph 1 is replaced by the following text:
“1. Specific actions are being taken to support island ACP States in their efforts to stop and inflect their growing vulnerability caused by new and serious economic, social and environmental challenges. These actions are aimed at promoting the implementation of the sustainable development priorities of small island developing States, while promoting a harmonized approach to their economic growth and human development. "
16. Section 96 is amended to read:
(a) the following paragraph shall be inserted:
“1a) The two parties agree, except in the case of a particular emergency, to exhaust all possibilities for dialogue under Article 8 before proceeding with the consultations referred to in paragraph 2 (a) of this Article. » ;
(b) In paragraph 2, item (a) is replaced by the following:
“(a) If, notwithstanding the political dialogue on the essential elements provided for in Article 8 and paragraph 1a of this Article, one party considers that the other breaches an obligation arising out of respect for human rights, democratic principles and the rule of law referred to in Article 9, paragraph 2, it shall provide the other party and the Council of Ministers, except in the case of a particular emergency, the necessary elements of information for a thorough examination To this end, the Commission invites the other party to consult, focusing on the measures taken or to be taken by the party concerned in order to remedy the situation in accordance with Annex VII.
Consultations are conducted at the most appropriate level and form to find a solution.
Consultations begin no later than thirty days after the invitation and continue for a specified period of agreement, depending on the nature and gravity of the breach. In all cases, the dialogue conducted under the consultation procedure shall not last more than one hundred and twenty days.
If consultations do not lead to a solution acceptable to the parties, in the event of a refusal of consultation or in the event of a particular emergency, appropriate measures may be taken. These measures are lifted as soon as the reasons for their reasons disappear. "
17. In section 97, paragraph 2 is replaced by the following text:
“2. In such cases, each party may invite the other to consult. These begin no later than thirty days after the invitation, while the dialogue established in the consultation process does not last more than one hundred and twenty days. "
18. The text of section 100 is replaced by the following text:
“Article 100
Status of texts
The Protocols and Annexes attached to this Agreement shall be an integral part. Annexes Ia, II, III, IV and VI may be revised, adapted and/or amended by decision of the Council of Ministers on the basis of a recommendation of the ACP-EC Co-operation Committee on Financing for Development.
This agreement is written in duplicate in German, English, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic, is deposited in the archives of the General Secretariat of the Council of the European Union and the secretariat of the ACP States which shall give copies thereof "
C. ∙ Annexes
1. In Appendix I, the following item is added:
“9. By derogation from Article 58 of this Agreement, an amount of EUR 90 million is transferred to the 9th FED intra-ACP envelope. This amount, which is directly managed by the Commission, can be allocated for the deconcentration for the period 2006-2007. "
2. The following schedule is inserted:
« A N N E X E I a
FINANCIAL FRAMEWORK
THE PRESENT AGREEMENT
1. For the purposes set out in this Agreement and for a period beginning on 1 March 2005, a multi-year cooperation financial framework will cover the commitment amounts beginning on 1 January 2008 for a period of five to six years.
2. For the new period, the European Union will maintain its efforts to assist ACP States at least at the same level as the 9th FED excluding reliquats, to be added, on the basis of community estimates, the effects of inflation, growth within the European Union and its enlargement to the ten new Member States in 2004.
3. Any amendment required to the multi-year financial framework and to the elements of the relevant agreement shall be decided by the Council of Ministers, by derogation from Article 95 of this Agreement. "
3. Appendix II is amended to read:
(a) section 2 is amended to read:
(i) Paragraph 7 is replaced by the following:
« 7. Regular loans may be granted on liberal terms in the following cases:
(a) infrastructure projects in least developed countries, post-conflict countries and countries affected by natural disasters, other than those referred to in (aa) , which are essential to the development of the private sector. In these cases, the interest rate of the loan will be reduced by 3%;
(aa) for infrastructure projects carried out by commercially managed public sector organizations, which are essential to the development of the private sector in countries subject to restrictive borrowing conditions under the "very indebted poor countries" (HIPC) initiative or other measures relating to the internationally approved debt sustainability. In these cases, the Bank strives to reduce the average cost of funds by seeking appropriate co-financing with other donors. If this is not considered possible, the interest rate of the loan may be reduced from the amount necessary to meet the level of the HIPC initiative or a new framework for the international approved debt sustainability;
b) for projects that involve restructuring operations in the context of privatization or projects with substantial and clearly demonstrable social or environmental benefits. In these cases, loans can be matched with bonuses of interest, the amount and form of which are decided according to the particularities of the project. However, the reduction in interest rates will not exceed 3%.
The final interest rate of loans granted for projects referred to in (a) or (b) is in no way less than 50% of the reference rate. » ;
(ii) Paragraph 9 shall be replaced by the following:
“9. Interest bonuses may be capitalized or used as non-refundable assistance. The budget for interest bonuses can be used up to 10% to support technical assistance for projects in ACP countries. » ;
(b) section 3 is amended to read:
(i) Paragraph 1 is replaced by the following:
“1. Facility operates in all economic sectors and supports investments in commercially managed private sector and public sector organizations, including economic and technological infrastructure generating income that is of great importance to the private sector. Facilities:
(a) is managed as a revolving fund and is intended to be financially viable. Its interventions are based on market conditions and avoid creating distortions in local markets and deviating private sources of capital;
(b) Supports the ACP financial sector and acts as a catalyst by encouraging the mobilization of long-term local resources and by attracting foreign investors and private donors to projects in ACP States;
(c) support part of the risk associated with the projects it finances. Its financial sustainability is ensured within its overall portfolio and not by individual operations, and
(d) strives to mobilize funds through national and regional ACP organizations and programs that encourage the development of small and medium-sized enterprises (SMEs). » ;
(ii) the following paragraph shall be inserted:
“1(a) The Bank will be paid for the cost it incurred in managing the ease of investment. For the first two years following the entry into force of the second financial protocol, the Bank will be paid for the cost it incurred in managing the ease of investment up to 2% per year of the total initial allocation of this facility. Subsequently, the Bank's remuneration will include a fixed component of 0.5 per cent per annum of the initial staffing and a variable component of up to 1.5 per cent per annum of the investment facility portfolio invested in projects in ACP countries. This remuneration will be financed by the ease of investment. » ;
(c) in section 5, item (b) is replaced by the following text:
"(b) in the event of financing small and medium-sized enterprises (SMEs) by ordinary loans and venture capital, the exchange risk is generally distributed among the Community, on the one hand, and the other parties concerned, on the other. On average, the exchange risk should be divided equally, and »;
(d) The following articles are inserted:
“Article 6 a
Annual Report on Investment Facility
Representatives of the Member States of the European Union responsible for the ease of investment, representatives of the ACP States and the European Investment Bank, the European Commission, the secretariat of the Council of the European Union and the ACP secretariat meet once a year to review the operations carried out, the performance of the facility and the policy issues relating to this facility.
Article 6 (b)
Performance review
ease of investment
The overall performance of the investment facility will be subject to a joint review that will take place at the mid-term and at the end of a financial protocol. This exercise may include recommendations on how to improve the implementation of the facility. »
4. Appendix IV is amended to read:
(a) Section 3 is amended to read:
(i) in paragraph 1, item (a) is replaced by the following:
"(a) needs are assessed on the basis of criteria for per capita income, the importance of the population, social indicators, the level of indebtedness, loss of export earnings and dependency on export revenues, particularly in the agricultural and mining sectors. Special treatment is given to the least developed ACP States and the vulnerability of landlocked or island ACP countries is duly taken into account. Moreover, the special difficulties faced by countries emerging from conflict and natural disasters are taken into account, and »
(ii) the following paragraph shall be added:
« 5. Without prejudice to the provisions for reviews in Article 5, paragraph 7, the Community may increase the allocation to the country concerned, taking into account special needs or exceptional performance. »
(b) Section 4 is amended to read:
(i) Paragraph 1 is replaced by the following:
“1. As soon as it has received the information mentioned above, each ACP State shall prepare and submit to the Community a draft indicative programme, based on its development objectives and priorities and in accordance with them as defined in SC. The draft indicative programme indicates:
(a) the sectors or areas on which aid should focus;
(b) the most appropriate measures and actions for the achievement of objectives and purposes in the areas or areas of concentration of aid;
(c) resources reserved for programs and projects outside of the concentration area(s) and/or broad lines of such actions, as well as the provision of resources for each of these elements;
(d) the identification of types of non-state actors eligible for funding in accordance with the criteria established by the Council of Ministers and the resources allocated to them and the type of activities to be supported, which must be of a non-profit nature;
(e) proposals for regional programmes and projects;
(f) amounts reserved for insurance against potential claims and to cover cost overruns and unforeseen expenses. » ;
(ii) Paragraph 3 shall be replaced by the following:
“3. The draft indicative programme is the subject of an exchange of views between the ACP State concerned and the Community. It is adopted jointly by the Commission on behalf of the Community and the ACP State concerned. It engages both the Community and the State concerned when it is adopted. This indicative programme is annexed to the SC and includes:
(a) specific and clearly identified operations, particularly those that may be initiated prior to the next review;
(b) a schedule for the execution and review of the indicative programme, including commitments and disbursements;
(c) parameters and criteria for journals. » ;
(iii) the following paragraph is added:
« 5. When an ACP State is confronted with a crisis situation resulting from a war or other conflict or extraordinary circumstances that have a comparable effect preventing the National Coordinator from exercising his or her functions, the Commission may use and manage the resources allocated to that State in accordance with Article 3 for specific support. Such special support may include policies for peace, conflict management and resolution, post-conflict support, including institutional strengthening and economic and social development activities, taking into account, inter alia, the needs of the most vulnerable populations. The Commission and the ACP State concerned return to normal management procedures and implementation as soon as the capacity of the competent authorities to manage cooperation is restored. »
(c) Section 5 is amended to read:
(i) in this article, the words "leader of delegation" are replaced by the words "Commission";
(ii) in paragraph 4, item (b) is replaced by the following:
"(b) programs and projects outside the focus area(s); »
(iii) Paragraph 7 shall be replaced by the following:
« 7. Following the completion of the mid-term and end-of-way reviews, the Commission on behalf of the Community can review the staffing given the current needs and performance of the ACP State concerned. »
(d) In section 6, paragraph 1 is replaced by the following text:
“1. Regional cooperation involves actions that benefit and involve:
(a) two or more ACP States or all of them, as well as non-ACP developing countries participating in such actions, and/or
(b) a regional body of which at least two ACP States are members, including where non-ACP States are members. »
(e) Section 9 is replaced by the following text:
“Article 9
Resource allocation
1. At the beginning of the financial protocol period, the Community provides each region with a clear indication of the financial envelope available to it during that five-year period. The indicative financial envelope will be based on an estimate of the needs and the progress and prospects of regional cooperation and integration. In order to achieve an appropriate dimension and increase efficiency, regional and national funds can be combined for the financing of regional actions with a separate national component.
2. Without prejudice to the provisions for reviews in Article 11, the Community may increase the allocation to the region concerned, taking into account new needs or exceptional performances. »
(f) In section 10, paragraph 1, point (c) is replaced by the following text:
"(c) programs and projects to achieve these objectives, to the extent that they have been clearly identified and an indication of the resources to be allocated to each of these elements and a timetable for their implementation. »
(g) Section 12 is replaced by the following text:
“Article 12
Intra-ACP cooperation
1. At the beginning of the period covered by the financial protocol, the Community informs the Council of Ministers ACP of the part of the financial resources reserved for regional operations that will be allocated to actions benefiting many ACP States or all of them. Such operations can transcend the notion of geographical belonging.
2. Given new needs to improve the impact of intra-CPA activities, the Community can increase the allocation for intra-CPA cooperation. »
(h) Section 13 is replaced by the following text:
“Article 13
Financing requests
1. Requests for regional programme funding are presented by:
(a) a duly mandated regional organization or organization, or
(b) a duly mandated subregional organization or agency or ACP state of the region concerned at the programming stage, provided that the action has been identified within the IAP framework.
2. Applications for intra-CPA programs are submitted by:
(a) at least three duly mandated regional organizations or organizations from different geographical regions, or at least two ACP States from each of these three regions, or
(b) ACP Council of Ministers or ACP Committee of Ambassadors, or
(c) international organizations, such as the African Union, carrying out actions that contribute to the objectives of regional cooperation and integration, subject to the prior approval of the ACP Committee of Ambassadors. »
(i) Section 14 is replaced by the following text:
“Article 14
Implementation procedures
1. [suppressed]
2. [suppressed]
3. In view of the objectives and specificities of regional cooperation, including intra-ACP cooperation, actions undertaken in this area are governed by the procedures established for cooperation in financing development, where they are applicable.
4. In particular and subject to paragraphs 5 and 6, any programme and regional project funded by the Fund's resources shall be established between the Commission and one of the entities referred to in section 13:
(a) a funding agreement, in accordance with Article 17; in that case, the entity concerned designates a regional ordinator whose tasks correspond mutatis mutandis to those of the national ordinner;
(b) a subsidy contract within the meaning of Article 19 a, depending on the nature of the action and when the entity concerned, other than an ACP State, is responsible for the implementation of the program or project.
5. Programs and projects funded by the Fund's resources and whose applications for funding have been submitted by international organizations referred to in section 13, paragraph 2, item (c), result in the establishment of a grant contract.
6. Programmes and projects funded by the Fund's resources and whose applications for funding have been submitted by the ACP Council of Ministers or the ACP Committee of Ambassadors are implemented either by the ACP Secretariat, in which case a funding agreement is established between the Commission and the ACP Council in accordance with Article 17 or by the Commission on the basis of the nature of the action. »
(j) In chapter 3, the title is replaced by the following:
"Instruction and funding"
(k) Section 15 is replaced by the following text:
“Article 15
Identification, preparation and instruction
Programmes and projects
1. The programmes and projects submitted by the ACP State concerned are the subject of joint education. The guiding principles and general criteria to be followed for the instruction of programmes and projects are developed by the ACP-EC Co-operation Committee on Financing for Development. These programs and projects are generally multi-year and may include limited stock sets in a particular area.
2. Records of programs or projects prepared and submitted for funding must contain all information necessary for the instruction of programs or projects or, where these programs and projects have not been fully defined, provide a summary description for the purposes of the instruction.
3. The training of programmes and projects takes due account of national human resources constraints and ensures a strategy to enhance these resources. It also takes into account the specific characteristics and constraints of each ACP State.
4. Programs and projects to be implemented by eligible non-state actors in accordance with this Agreement may be subject to an instruction by the only Commission and may lead directly to the establishment of grant contracts between the Commission and non-state actors in accordance with Article 19a. This instruction must comply with section 4, paragraph 1, point (d), concerning the types of actors, their eligibility and the type of activity to be supported. The Commission, through the head of delegation, informs the national coordinator of the grants granted. »
(l) Section 16 is replaced by the following text:
“Article 16
Proposal and funding decision
1. The conclusions of the instruction are summarized in a funding proposal whose final version is prepared by the Commission, in close collaboration with the ACP State concerned.
2. [suppressed]
3. [suppressed]
4. The Commission on behalf of the Community shall communicate its funding decision to the ACP State concerned within ninety days from the date of the final version of the funding proposal.
5. When the funding proposal is not adopted by the Commission on behalf of the Community, the ACP State concerned is immediately informed of the reasons for this decision. In such a case, the representatives of the ACP State concerned may request within sixty days of the notification:
(a) That the problem be referred to in the ACP-EC Development Financing Cooperation Committee established under this Agreement, or
(b) to be heard by the representatives of the Community.
6. Following this hearing, a final decision to adopt or refuse the funding proposal is taken by the Commission on behalf of the Community. Before the decision is taken, the ACP State concerned may communicate to it any element that would appear necessary to complete its information. »
(m) Section 17 is replaced by the following text:
“Article 17
Financing Convention
1. Unless otherwise provided by this Agreement, any programme or project funded by the Fund's resources shall result in the establishment of a funding agreement between the Commission and the ACP State concerned.
2. The funding agreement between the Commission and the ACP State concerned is established within sixty days of the Commission's decision on behalf of the Community. The funding agreement:
(a) specify, inter alia, the Community ' s financial contribution, terms and conditions of funding, as well as the general and specific provisions relating to the programme or project concerned;
(b) Appropriate funding to cover cost increases and unforeseen expenditures.
3. Any linkage found at the close of the programmes and projects is the State or the ACP States concerned. »
(n) Section 18 is replaced by the following text:
“Article 18
Overrun
1. As soon as there is a risk of overtaking the funding available under the funding agreement, the National Coordinator informs the Commission and requests its prior agreement on the measures it intends to take to cover this overrun, either by reducing the scope of the program or project, or by using national resources or other non-community resources.
2. If it is not possible to reduce the scope of the program or project or to cover the overrun by other resources, the Commission on behalf of the Community may, on the basis of the request of the National Coordinator, make an additional funding decision on the resources of the national indicative programme. »
(o) Section 19 is replaced by the following text:
“Article 19
Retroactive financing
1. In order to ensure rapid start-up of projects, avoiding gaps between sequential projects and delays, ACP States may, at the time the project is completed and before the funding decision is made, pre-finance activities related to the launch of programs, preliminary and seasonal work, equipment orders for which a long delivery time is required, as well as some ongoing operations. Such expenses shall be in accordance with the procedures set out in this Agreement.
2. Any expenditure referred to in paragraph 1 shall be referred to in the proposed funding and shall not prejudge the Commission's funding decision on behalf of the Community.
3. Expenses incurred by an ACP State under this Article shall be retroactively financed under the programme or project, after the signing of the funding agreement. »
(p) In Chapter 4, the title is replaced by the following:
"Implementation"
(q) The following articles are inserted:
“Article 19 a
Method of implementation
1. If the Commission ensures that it is financially implemented, the execution of programs and projects funded by the Fund's resources is carried out mainly by:
(a) procurement;
(b) granting grants;
(c) the execution on the board;
(d) direct disbursements in the context of budgetary support, sectoral support, debt relief support, and support for short-term fluctuations in export revenues.
2. As part of this annex, contracts are expensive contracts entered into in writing to obtain, against the payment of a price, the supply of movable goods, the execution of work or the provision of services.
3. Grants within the meaning of this annex are direct financial contributions granted as a liberality to finance:
(a) an action to promote the achievement of an objective that falls within the framework of this agreement or a programme or project adopted in accordance with the provisions of this Agreement;
(b) the operation of an organization pursuing such a goal.
Grants are subject to a written contract.
Article 19 (b)
Call for tenders with suspensive clause
In order to ensure rapid start-up of projects, ACP States may, in all cases duly justified and in agreement with the Commission, at the time the project is completed and before the funding decision is made, appeals for tenders for all types of contracts, with a suspensive clause. This provision must be mentioned in the funding proposal. »
(r) Section 20 is replaced by the following text:
“Article 20
Eligibility
Except in the event of an exemption granted in accordance with Article 22 and without prejudice to the provisions of Article 26:
1. Participation in the procurement procedures and procedures for granting grants financed by the Fund's resources is open to any natural and legal person of the ACP States and the member States of the Community.
2. All supplies and materials acquired under a contract financed by the Fund's resources must be from a qualifying State within the meaning of point 1). In this context, the definition of "originating products" is evaluated in relation to international agreements in this field and it is also necessary to consider products originating from the countries, territories and overseas departments as products of the Community.
3. Participation in the procurement procedures and grant procedures funded by the Fund's resources is open to international organizations.
4. When funding covers an operation implemented through an international organization, participation in procurement procedures and grant procedures is open to any natural and legal person who is eligible under paragraph (1) and to any natural and legal person who is eligible under the regulations of that organization, ensuring equal treatment for all donors. The same rules apply to supplies and materials.
5. When funding covers an operation implemented under a regional initiative, participation in procurement procedures and grant procedures is open to any natural and legal person who is eligible under paragraph (1) and to any natural and legal person of a State participating in the initiative. The same rules apply to supplies and materials.
6. When funding covers a co-funded operation with a third State, participation in procurement procedures and grant procedures is open to any natural and legal person eligible under paragraph (1) and to any natural and legal person eligible under the rules of that third State. The same rules apply to supplies and materials. »
s) Section 22 is replaced by the following text:
“Article 22
Derogations
1. In exceptional cases duly justified, natural or legal persons from non-eligible third countries under Article 20 may be allowed to participate in the procurement procedures and procedures for granting subsidies financed by the Community, upon justified request from the ACP States concerned. The ACP States concerned shall provide the Commission, for each case, with the necessary information to take a decision on these exemptions by paying particular attention:
(a) the geographical location of the ACP State concerned;
(b) the competitiveness of contractors, suppliers and consultants from member States and ACP States;
(c) to avoid an excessive increase in the cost of contract execution;
(d) Transport difficulties and delays due to delivery times or other similar problems;
(e) the most appropriate and appropriate technology for local conditions;
(f) Imperial emergencies;
(g) availability of products and services in the relevant markets.
2. The Bank's procurement rules apply to projects funded by the investment facility. »
(t) Section 24 is replaced by the following text:
“Article 24
Enforcement
1. In the case of operations under the administration, the programmes and projects are carried out in administrative control by the agencies or public services or public participation of the State or ACP States concerned or by the legal person responsible for their execution.
2. The Community contributes to the expenses of the services concerned by the provision of missing equipment and/or equipment and/or resources to enable it to recruit the additional personnel necessary such as experts from the ACP State concerned or another ACP State. The Community's participation concerns only the provision of additional means and temporary execution expenses, limited to the needs of the action.
3. The program quotes that implement the operations under the control must comply with the Community rules, procedures and standard documents defined by the Commission, as in force at the time of approval of the relevant program quotes. »
(u) Section 26 is replaced by the following text:
“Article 26
Preferences
1. Measures to promote the widest possible participation of natural and legal persons of ACP States in the execution of the Fund-funded markets are taken to enable the optimal use of the physical and human resources of these States. To this end:
(a) in the case of labour markets of less than EUR 5,000, ACP bidders shall, provided that at least one quarter of the capital and executives originate from one or more ACP States, preferably 10% in the comparison of equivalent economic and technical quality offers;
(b) in the case of supply markets, regardless of the amount, bidders from ACP States, which offer supplies originating from ACPs for at least 50% of the market value, benefit from a preference of 15% in comparison of equivalent economic and technical quality offers;
(c) in the case of service markets, preference is given in the comparison of equivalent economic and technical quality offers:
(i) to experts, institutions, study offices or national consulting firms of ACP States with the required competence;
(ii) offers submitted by individual ACP companies or consortium with European partners, and
(iii) bids submitted by European bidders using subcontractors or ACP experts;
(d) when considering the use of subcontractors, the successful bidder grants preference to natural persons, companies and enterprises of ACP States capable of performing the market under the same conditions, and
e) the ACP State may, in the call for tenders, propose to prospective bidders the assistance of companies, experts or consultants national of ACP States, chosen by mutual agreement. This cooperation may take the form of a joint venture or subcontract or training of staff in the course of employment.
2. When two bids are recognized equivalent, according to the criteria set out above, the preference is given:
(a) at the offer of the ACP State national bidder, or
(b) if such an offer fails:
(i) the best use of the physical and human resources of ACP States;
(ii) the one that offers the best opportunities for subcontracting to companies, companies or natural persons of ACP States, or
(iii) a consortium of natural persons, companies or companies of ACP States and the Community. »
(v) In Chapter 6, the title is replaced by the following:
“Management Officers
and Execution of Fund Resources »
(w) Section 34 is replaced by the following text:
“Article 34
The Commission
1. The Commission ensures the financial execution of operations on the Fund's resources, excluding investment facilities and interest enhancements, according to the following key management modes:
(a) Centrally;
(b) decentralized management.
2. As a general rule, the financial execution of the Fund's resources by the Commission is carried out in decentralized management.
In this case, execution tasks are handled by ACP States in accordance with Article 35.
3. To ensure the financial execution of the Fund's resources, the Commission delegated its enforcement powers within its services. The Commission shall inform ACP States and the ACP-EC Committee on Cooperation for Financing for Development of that delegation. »
(x) Section 35 is replaced by the following text:
“Article 35
National Ordinance
1. The public authorities of each ACP State shall designate a national donor to represent them in all activities financed from the funds managed by the Commission and the Bank. The National Coordinator shall designate one or more alternate national ordering officers to replace him in the event that he or she is unable to exercise that function and shall inform the Commission of that suppleance. The National Coordinator may carry out each time the conditions of institutional capacity and good financial management are met with a delegation of its responsibility for implementing the programs and projects concerned to the responsible entity within its national administration. The Committee shall inform the Committee of the delegations to which it shall proceed.
When the Commission is aware of problems in the course of the Fund's resource management procedures, it shall make any useful contacts with the National Coordinator to remedy the situation and shall, where appropriate, adopt all appropriate measures.
The National Coordinator assumes only the financial responsibility for the execution tasks entrusted to him.
As part of the decentralized management of the Fund's resources and subject to additional powers that could be granted by the Commission, the National Coordinator:
(a) is responsible for coordination, programming, regular follow-up and annual, mid-term and final reviews of the implementation of cooperation and coordination with donors;
(b) is responsible for the preparation, presentation and instruction of programmes and projects in close collaboration with the Commission;
(c) prepare tender records and, where appropriate, call for proposals documents;
(d) prior to the commencement of tenders and, where appropriate, calls for proposals, submit for approval tender files and, where appropriate, appeals for proposals documents to the Commission;
(e) launch, in close cooperation with the Commission, tenders and, where appropriate, calls for proposals;
(f) receives the offers and, where appropriate, the proposals and transmits copies of the submissions to the Commission; presides over their counting and stops the result of the counting within the validity period of submissions taking into account the time required for market approval;
(g) Invites the Commission to disburse bids and, where appropriate, proposals and communicates the result of the unpacking of bids and proposals to the Commission for approval of contract allocation and grant proposals;
(h) submit to the Commission for approval contracts and programme estimates and their amendments;
(i) signs contracts and their amendments approved by the Commission;
(j) wind up and order expenditures within the resources allocated to it, and
(k) in the course of execution operations, shall take the necessary adaptation measures to ensure, from an economic and technical perspective, the effective implementation of approved programmes and projects.
2. During the execution of the operations and subject to the notification to the Commission, the National Coordinator decides:
(a) the details and technical modifications of the programs and projects provided that they do not affect the technical solutions selected and that they remain within the scope of the provision for adjustments provided for in the funding agreement;
(b) changes in the implementation of multi-unit programmes or projects justified by technical, economic or social reasons;
(c) the application or delivery of late penalties;
(d) acts giving release of bail;
e) local procurement without consideration of origin;
(f) the use of equipment and construction equipment not originating from member States or ACP States, and of which there is no comparable production in member states and ACP States;
(g) subcontracts;
(h) final receipts, as long as the Commission is present at the provisional receptions, shall apply to the relevant minutes and, where appropriate, shall be present at the final receipts, in particular where the extent of the reservations made at the provisional reception requires substantial resumption work, and
(i) recruitment of consultants and other technical assistance experts. »
(y) Section 36 is replaced by the following text:
“Article 36
Head of delegation
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. Appropriate measures are taken if a head of delegation is appointed to a group of ACP States. The head of delegation represents the Commission in all its areas of competence and in all its activities.
2. The head of delegation is the preferred interlocutor of ACP States and organizations eligible for financial support under the agreement. He cooperates and works closely with the national coordinator.
3. The head of delegation shall be given the necessary instructions and powers to facilitate and expedite all operations financed under the agreement.
4. On a regular basis, the head of delegation informs the national authorities of community activities that could directly interest cooperation between the Community and ACP States. »
(z) Section 37 is replaced by the following text:
“Article 37
Payments
1. For payments in the national currencies of the ACP States, accounts denominated in the currencies of the Member States or in euros can be opened in the ACP States, by and on behalf of the Commission, in a national public or parastate financial institution designated by the ACP State and the Commission. This institution acts as a national delegated payer.
2. Services rendered by the national delegated payer are not paid and no interest is served on deposit funds. The local accounts are restocked by the Commission in the currency of one of the Member States or in euros, on the basis of estimates of cash requirements that will be made sufficiently in advance in order to avoid a pre-financing by ACP States and delays in disbursement.
3. [suppressed]
4. Payments shall be made by the Commission in accordance with the rules established by the Community and the Commission, possibly after the liquidation and ordering of expenses by the National Coordinator.
5. [suppressed]
6. Procedures for liquidation, ordering and payment of expenses must be completed within a maximum period of ninety days from the due date of payment. The National Coordinator shall make the payment order and notify the Head of Delegation no later than forty-five days before the due date.
7. Claims concerning delays in payment are borne by the State or the ACP States concerned and by the Commission on its own resources, each for the part of the delay it is responsible, in accordance with the above-mentioned procedures. »
5. The following schedule is added:
« A N N E X E VII
POLITICAL DIALOGY ON HUMAN RIGHTS,
DEMOCRACTIC PRINCIPLES AND THE RIGHT STATE
Article 1
Objectives
1. The consultations, as provided for in Article 96, paragraph 2, item (a), shall be held, except in the case of a particular emergency, after the exhaustion of the possibilities of political dialogue provided for in Article 8 and Article 9, paragraph 4, of the agreement.
2. Both parties should conduct this political dialogue in the spirit of the agreement and taking into account the guidance on the ACP-EU political dialogue developed by the Council of Ministers.
3. Political dialogue is a process that should promote the strengthening of ACP-EU relations and contribute to the achievement of the objectives of the partnership.
Article 2
Intensification of political dialogue
to the consultations of Article 96 of the Agreement
1. A political dialogue on respect for human rights, democratic principles and the rule of law must be conducted in accordance with Article 8 and Article 9, paragraph 4, of the agreement and in accordance with the parameters of internationally recognized rules and standards. As part of this dialogue, parties can agree on common priorities and programs.
2. The parties may jointly and agree on specific benchmarks or human rights objectives, democratic principles and the rule of law, in accordance with the parameters of internationally recognized norms and standards and taking into account the particular circumstances of the ACP State concerned. The benchmarks are mechanisms for achieving goals by setting intermediate targets and establishing implementation schedules.
3. The political dialogue set out in paragraphs 1 and 2 must be systematic and official and all possibilities must have been exhausted before the consultations referred to in Article 96 of the Agreement are conducted.
4. Except in the case of a particular emergency, within the meaning of Article 96, paragraph 2 (b), of the agreement, the consultations conducted under Article 96 may also be initiated without being preceded by an intense political dialogue in the event of persistent non-compliance with the commitments made by one of the parties on the occasion of a previous dialogue or if the dialogue is not conducted in good faith.
5. The political dialogue under Article 8 is also used between the parties to assist countries subject to appropriate measures under Article 96 of the Agreement to normalize their relations.
Article 3
Additional consultation rules
under Article 96 of the Agreement
1. The parties shall endeavour to promote equal representation in the consultations referred to in Article 96 of the Agreement.
2. The parties undertake to work transparently before, during and after formal consultations, taking into account the specific criteria and objectives set out in Article 2, paragraph 2, of this annex.
3. The parties shall use the 30-day notification period provided for in Article 96, paragraph 2, of the Agreement in order to ensure effective preparation on both sides and in-depth consultations within the ACP group and between the Community and its member States. During the consultation process, the parties should adopt flexible schedules, while recognizing that special emergencies, within the meaning of Article 96, paragraph 2 (b), of the agreement and Article 2, paragraph 4, of this annex, may require immediate response.
4. The parties recognize the role of the ACP group in political dialogue, in accordance with the modalities to be defined by that group and to communicate to the European Community and its member States.
5. The parties agree on the need for structured and permanent consultations under Article 96 of the Agreement. The Council of Ministers may develop additional modalities for this purpose. »
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have affixed their signature at the bottom of this Agreement.
Done in Paris, July 1, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
