Law No. 2012-003 Authorizing The Ratification Of The Revised Cotonou Agreement For The Second Time, June 22, 2010 Concluded Between The Acp Countries And The Countries Of The European Union In Ouagadougou (Burkina Faso)

Original Language Title: Loi n°2012-003 autorisant la ratification de l’Accord de Cotonou révisé pour la deuxième fois, conclu le 22 juin 2010 entre les pays de l’ACP et les pays de l’Union Européenne à Ouagadougou (Burkina Faso)

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Read the untranslated law here: http://www.assemblee-nationale.mg/lois/2012-003.pdf

ION 2012-003


ION 2012-003 authorizing the ratification of the revised Cotonou Agreement for the second time, concluded June 22, 2010
between the ACP countries and the countries of the European Union Ouagadougou (Burkina Faso)

EXPLANATORY MEMORANDUM As a member of the ACP Group of States, Madagascar signed the revised Cotonou Agreement for the second time in June 2010 at the 91th session of the ACP Council of Ministers held in Ouagadougou (Burkina Faso) . Indeed, the Cotonou Agreement shall be subject to review every five years, and the first revision was made in 2005. The objectives of the second revision of the Agreement are:
1. The strengthening of cooperation between the ACP countries and the countries of the European Union;
2. The increase in financial aid for development to be able
appyuer ACP States in reducing disaster risk, reconstruction and rehabilitation after natural disasters; 3
. The need to accelerate action to achieve Millennium Goals
Development Goals (MDGs) in order to lift the population of ACP countries out of poverty;
4. The need to adjust the Agreement in the new international
arrangements to which both sides have adhered. This is the purpose of this Act.




ION 2012-003 authorizing the ratification of the revised Cotonou Agreement for the second time, concluded June 22, 2010
between the ACP countries and the countries of the European Union Ouagadougou (Burkina Faso)
The Congress of the Transition and the High Council of the Transition adopted in their respective session du18 January 2012 and 19 January 2012, the law which reads as follows: Article first- East authorized the ratification of the revised Cotonou Agreement the second time, June 22, 2010 concluded between the ACP countries and the EU countries Campaña in Ouagadougou (Burkina Faso). Article 2 This law shall be published in the Official Gazette of the Republic of Madagascar. It will be enforced as a law of the state.
Antananarivo, January 19, 2012

THE CHAIRMAN OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF TRANSITION, pi







Rasolosoa Dolin RAZAFIANDRIAMBELO Njato Harinony







AMENDING AGREEMENT FOR THE SECOND TIME
THE PARTNERSHIP AGREEMENT BETWEEN THE MEMBERS OF THE GROUP OF AFRICAN, CARIBBEAN AND
PACIFIC ON THE ONE HAND, AND THE EUROPEAN COMMUNITY || | AND ITS MEMBER STATES, OF THE OTHER PART, SIGNED IN COTONOU ON 23 JUIN 2000
AND MODIFIED FIRST TIME AT LUXEMBOURG ON 25 JUIN 2005
HIS MAJESTY THE KING OF THE BELGIANS,
PRESIDENT OF THE REPUBLIC OF BULGARIA,
THE PRESIDENT OF THE CZECH REPUBLIC,
HER MAJESTY THE QUEEN OF DENMARK, THE
PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE
PRESIDENT OF THE REPUBLIC OF ESTONIA, || | THE PRESIDENT OF IRELAND, THE PRESIDENT OF
THE HELLENIC REPUBLIC,
HIS MAJESTY THE KING OF SPAIN,
THE PRESIDENT OF THE FRENCH REPUBLIC, 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, THE PRESIDENT OF
THE REPUBLIC OF HUNGARY, THE PRESIDENT OF MALTA
,
HER MAJESTY THE QUEEN OF THE NETHERLANDS,
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,
THE PRESIDENT OF THE REPUBLIC OF POLAND, | || THE PRESIDENT OF THE PORTUGUESE REPUBLIC, THE PRESIDENT OF
ROMANIA
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
THE PRESIDENT OF THE SLOVAK REPUBLIC, THE
PRESIDENT OF THE REPUBLIC OF FINLAND,
tHE KINGDOM oF SWEDEN,
HER MAJESTY tHE QUEEN oF tHE UNITED KINGDOM oF GREAT BRITAIN aND NORTHERN IRELAND, (Contracting Parties to the Treaty on European Union and the Treaty on the functioning of the European Union, hereinafter referred to as "Member States"), and the EUROPEAN UNION, hereinafter referred to as "the Union" or "EU",
one hand, and tHE
PRESIDENT OF THE REPUBLIC OF ANGOLA, HER MAJESTY THE QUEEN
OF ANTIGUA AND BARBUDA,
THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS,
THE HEAD OF STATE OF BARBADOS, SA
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,
THE PRESIDENT OF THE REPUBLIC OF CAMEROON,
PRESIDENT OF THE REPUBLIC OF CAPE VERDE,
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC, THE PRESIDENT
UNION OF THE COMOROS,
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO,
PRESIDENT OF THE REPUBLIC OF CONGO,
THE GOVERNMENT OF THE COOK ISLANDS, THE PRESIDENT OF THE
COAST REPUBLIC IVORY,
PRESIDENT OF THE REPUBLIC OF DJIBOUTI,
THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA,
PRESIDENT OF THE DOMINICAN REPUBLIC,
THE PRESIDENT OF THE STATE OF ERITREA, || | THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA,
PRESIDENT OF THE REPUBLIC OF FIJI,
PRESIDENT OF THE REPUBLIC OF GABON,
PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF GAMBIA,
THE PRESIDENT OF THE REPUBLIC OF GHANA, HER MAJESTY
THE QUEEN OF GRENADA,
THE PRESIDENT OF THE REPUBLIC OF GUINEA,
PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU, || | PRESIDENT OF THE COOPERATIVE REPUBLIC OF GUYANA,
THE PRESIDENT OF THE REPUBLIC OF HAITI,
THE HEAD OF STATE OF JAMAICA, THE
PRESIDENT OF THE REPUBLIC OF KENYA, THE PRESIDENT
OF THE REPUBLIC OF KIRIBATI,
HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,
THE 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,
PRESIDENT OF THE REPUBLIC OF MAURITIUS,
THE GOVERNMENT OF 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, THE PRESIDENT OF
THE REPUBLIC OF NIGER,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, THE GOVERNMENT OF NIUE
,
THE GOVERNMENT OF THE REPUBLIC OF PALAU,
HER MAJESTY THE QUEEN OF THE INDEPENDENT STATE OF PAPUA -NEW GUINEA,
PRESIDENT OF THE REPUBLIC OF RWANDA,
HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS,
HER MAJESTY THE QUEEN OF SAINT LUCIA, HER MAJESTY THE QUEEN
SAINT VINCENT AND THE GRENADINES,
THE HEAD OF STATE OF THE INDEPENDENT STATE OF SAMOA,
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE,
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 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, THE PRESIDENT OF THE
DEMOCRATIC REPUBLIC OF TIMOR-LESTE,
THE PRESIDENT OF THE REPUBLIC OF TOGO,
HIS MAJESTY THE KING OF TONGA,
THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO, HER MAJESTY
THE QUEEN OF TUVALU,
tHE PRESIDENT OF tHE REPUBLIC OF UGANDA, tHE
GOVERNMENT OF tHE REPUBLIC OF VANUATU,
tHE PRESIDENT OF tHE REPUBLIC OF ZAMBIA,
tHE GOVERNMENT OF tHE REPUBLIC OF ZIMBABWE, whose States are hereinafter referred to as "ACP States", on the other, CONSIDERING the Treaty on the functioning of the European Union on the one hand, and the Georgetown agreement establishing the group of African, Caribbean and Pacific (ACP), on the other; NOTING the partnership agreement between the members of the African, Caribbean and Pacific, on the one hand, and the European Community and its Member States, on the other, signed in Cotonou on 23 June 2000 first amended in Luxembourg on 25 June 2005 (hereinafter "the Cotonou agreement");
WHEREAS Article 95, paragraph 1, of the Cotonou Agreement lays down the duration of the agreement to twenty years from 1 March 2000; CONSIDERING that the Agreement amending the Cotonou Agreement for the first time was signed in Luxembourg on 25 June 2005 and it entered into force on 1 July 2008; HAVE DECIDED to sign this Agreement amending the Cotonou Agreement for the second time and have appointed for this purpose as their plenipotentiaries: FOR HIS MAJESTY THE KING OF THE BELGIANS,
FOR THE PRESIDENT OF THE REPUBLIC OF BULGARIA FOR
THE PRESIDENT OF THE CZECH REPUBLIC,
FOR HER MAJESTY THE QUEEN OF DENMARK,
FOR THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

FOR THE PRESIDENT OF THE REPUBLIC OF ESTONIA, FOR THE PRESIDENT OF IRELAND, FOR THE PRESIDENT OF THE HELLENIC REPUBLIC, FOR HIS MAJESTY THE KING OF SPAIN, FOR THE PRESIDENT OF THE FRENCH REPUBLIC, FOR THE PRESIDENT ITALIAN REPUBLIC, FOR THE PRESIDENT OF THE REPUBLIC OF CYPRUS FOR THE PRESIDENT OF THE REPUBLIC OF LATVIA, FOR THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, FOR HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, FOR THE PRESIDENT OF THE REPUBLIC OF HUNGARY, FOR THE PRESIDENT OF MALTA, FOR HER MAJESTY THE QUEEN OF THE NETHERLANDS, FOR THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, FOR THE PRESIDENT OF THE REPUBLIC OF POLAND, FOR THE PRESIDENT OF THE PORTUGUESE REPUBLIC, FOR THE PRESIDENT OF ROMANIA FOR THE PRESIDENT OF THE REPUBLIC OF SLOVENIA, FOR THE PRESIDENT OF THE SLOVAK REPUBLIC, FOR THE PRESIDENT OF THE REPUBLIC OF FINLAND, FOR THE KINGDOM OF SWEDEN, FOR HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE EUROPEAN UNION FOR THE PRESIDENT OF THE REPUBLIC OF ANGOLA, FOR HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA, FOR THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS, FOR THE HEAD OF STATE BARBADOS, FOR HER MAJESTY THE QUEEN OF BELIZE, FOR THE PRESIDENT OF THE REPUBLIC OF BENIN, FOR THE PRESIDENT OF THE REPUBLIC OF BOTSWANA, FOR THE PRESIDENT OF BURKINA FASO, FOR THE PRESIDENT OF THE REPUBLIC OF BURUNDI, FOR THE PRESIDENT REPUBLIC OF CAMEROON, FOR THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE, FOR THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC, FOR THE PRESIDENT OF THE UNION OF COMOROS, FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO, FOR THE PRESIDENT OF
THE REPUBLIC OF CONGO, FOR THE GOVERNMENT OF THE COOK ISLANDS, FOR THE PRESIDENT OF THE REPUBLIC OF CÔTE D'IVOIRE, FOR THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI, FOR THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA, FOR THE PRESIDENT OF THE DOMINICAN REPUBLIC, FOR THE PRESIDENT OF THE STATE OF ERITREA, FOR THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA, FOR THE PRESIDENT OF THE REPUBLIC OF THE FIJI ISLANDS, FOR THE PRESIDENT OF THE GABONESE REPUBLIC, FOR THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE GAMBIA, FOR THE PRESIDENT OF THE REPUBLIC OF GHANA FOR HER MAJESTY THE QUEEN OF GRENADA, FOR THE PRESIDENT OF THE REPUBLIC OF GUINEA, FOR THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU, FOR THE PRESIDENT COOPERATIVE REPUBLIC OF GUYANA, FOR THE PRESIDENT OF THE REPUBLIC OF HAITI, FOR THE HEAD OF STATE OF JAMAICA, FOR THE PRESIDENT OF THE REPUBLIC OF KENYA, FOR THE PRESIDENT OF THE REPUBLIC OF KIRIBATI, FOR HIS MAJESTY THE KING OF THE KINGDOM LESOTHO, FOR THE PRESIDENT OF THE REPUBLIC OF LIBERIA, FOR THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR, FOR THE PRESIDENT OF THE REPUBLIC OF MALAWI, FOR THE PRESIDENT OF THE REPUBLIC OF MALI, THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS, FOR THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA, FOR THE PRESIDENT OF THE REPUBLIC OF MAURITIUS, THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA, FOR THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE, FOR THE PRESIDENT OF THE REPUBLIC OF NAMIBIA, FOR GOVERNMENT OF THE REPUBLIC OF NAURU, FOR THE PRESIDENT OF THE REPUBLIC OF NIGER, FOR THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, THE GOVERNMENT OF NIUE, THE GOVERNMENT OF THE REPUBLIC OF PALAU, FOR HER MAJESTY THE QUEEN OF STATE INDEPENDENT PAPUA NEW GUINEA, FOR THE PRESIDENT OF THE REPUBLIC OF RWANDA, FOR HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS, FOR HER MAJESTY THE QUEEN OF SAINT LUCIA, FOR HER MAJESTY THE QUEEN OF SAINT VINCENT AND GRENADINES, FOR THE HEAD OF STATE OF THE INDEPENDENT STATE OF SAMOA, FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE, FOR THE PRESIDENT OF THE REPUBLIC OF SENEGAL, FOR THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES, FOR PRESIDENT OF THE REPUBLIC OF SIERRA LEONE, FOR HER MAJESTY THE QUEEN OF SOLOMON ISLANDS, FOR THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA, FOR THE PRESIDENT OF THE REPUBLIC OF SURINAME, FOR HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND, FOR PRESIDENT THE UNITED REPUBLIC OF TANZANIA, FOR THE PRESIDENT OF THE REPUBLIC OF CHAD, FOR THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE, FOR THE PRESIDENT OF THE REPUBLIC OF TOGO TO HIS MAJESTY THE KING OF TONGA, FOR THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO,

FOR HER MAJESTY THE QUEEN OF TUVALU, FOR THE PRESIDENT OF THE REPUBLIC OF UGANDA, THE GOVERNMENT OF THE REPUBLIC OF VANUATU, FOR THE PRESIDENT OF THE REPUBLIC OF ZAMBIA, FOR THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE, WHO having exchanged their full powers found in good and due form, hAVE aGREED aS fOLLOWS: SOLE ARTICLE

accordance with the procedure referred to in Article 95 of the Cotonou agreement shall be amended as follows: | || A.
INTRODUCTION 1. The eleventh recital beginning "RECALLING the declarations of Libreville and Santo Domingo ..." is replaced by the following:
"RECALLING the declarations of the successive Summits of Heads of State and Government of ACP States;".
2. The twelfth recital, commencing "CONSIDERING that the Millennium Development Goals
...", is replaced by the following: "CONSIDERING that the Millennium Development Goals emanating from the Millennium Declaration adopted by the UN General Assembly in 2000, such as the eradication of extreme poverty and hunger, as well as the development targets and principles agreed in United Nations conferences, provide a clear vision and must underpin cooperation ACP-EU in the framework of this agreement; recognizing the need for the EU and ACP to make joint efforts to accelerate progress towards achieving the Millennium development goals; ". 3. After the twelfth recital, commencing "" CONSIDERING that the Millennium
the Development Goals ... ", is inserted the following recital:
" SUBSCRIBING to the efficiency goals of using statements Rome, Paris confirmed and deepened in the Accra Action Plan; "..
4 the thirteenth recital, commencing" PAYING particular attention to the pledges ...
"is replaced by the following "PAYING particular attention to the commitments and objectives agreed at the major United Nations conferences and other international conferences and acknowledging the need to continue efforts to achieve the goals and implement the action programs ". 5. After the thirteenth recital, commencing", which were defined in such fora PAYING
attention to the pledges ... ", is inserted the following recital:" AWARE of the serious environmental challenges facing the global climate change, and deeply concerned about the situation of the most vulnerable populations in developing countries, especially in least developed countries and small island ACP where livelihoods and development
sustainable are threatened by climatic phenomena such as rising sea levels, coastal erosion, flooding, drought and desertification. "
B. TEXT OF THE ARTICLES OF THE COTONOU AGREEMENT
1. Article 1 is amended as follows: a) the third paragraph is replaced by the following:
"These objectives and the Parties' international commitments, including the Millennium Development Goals, inspire all development strategies and shall be tackled through an integrated approach simultaneously taking into account the political, economic, social, cultural and environmental development the partnership provides a coherent support framework for the development strategies adopted by each ACP State. ".

B) the fourth paragraph is replaced by the following: "Sustained economic growth, private sector development, increasing employment and improving access to productive resources are part of this frame. respect for the rights of the individual and meeting basic needs, the promotion of social development and the conditions for an equitable distribution of the fruits of growth are favored. the process of regional integration and subregional that facilitate the integration of ACP countries into the world economy in terms of trade and private investment shall be encouraged and supported. capacity building of development actors and improving the institutional framework necessary for social cohesion, for the functioning of a democratic society and a market economy and the emergence of an active and organized civil society are an integral part of this approach. the situation of women and equality issues between men and women are systematically taken into account in all fields, political, economic or social. The principles of sustainable management of natural resources and the environment, including climate change, are applied and integrated at every level of the partnership. "2. Article 2 is replaced by the following:.
" Article 2 fundamental Principles
the ACP-EC cooperation, based on the rule of law and the existence of joint institutions, guided by the action plan on aid effectiveness agreed at international level regarding ownership, alignment, harmonization, results-based management in development and mutual accountability. It is exercised based on the following fundamental principles:
- equality of the partners and ownership of development strategies:
in view of the objectives of the partnership, the ACP States shall, in any sovereignty, development strategies for their economies and societies in compliance with the essential and fundamental elements described in Article 9; the partnership shall encourage ownership of development strategies by the countries and populations concerned; EU development partners shall align their programs with these strategies;
- Participation: apart from central government as the main partner, the partnership is open
ACP parliaments, local authorities in ACP States and different kinds of other actors in order to encourage the participation of all layers of society, private sector and civil society organizations in the political, economic and social life;

- The central role of dialogue, respect of mutual obligations and accountability: the obligations assumed by the parties in the framework of their dialogue shall be central to their partnership and cooperation relations; the Parties shall work closely together in determining and implementing the necessary processes alignment and harmonization of the donors, to ensure the ACP countries a central role in these processes;
- Differentiation and regionalization: the terms and priorities of the cooperation
vary by partner level of development, its needs, its performance and its long-term development strategy. Special treatment is given to the least developed countries and is considered the vulnerability of landlocked and island countries. Particular importance is attached to regional integration, including at continental level. "
3 Article 4 is replaced by the following:..
" Article 4 General approach The ACP States shall determine
in all sovereignty, the development principles, strategies and models of their economies and their societies. They establish, with the Community, the cooperation programs provided for under this Agreement. However, the parties recognize the complementary role and potential contribution of non-State actors, ACP national parliaments and local decentralized authorities to the development process, particularly at national and regional levels. To this end, under the conditions laid down in this Agreement, non-State actors, ACP national parliaments and local decentralized authorities, as applicable:
- be informed and involved in consultation on policies and strategies

Cooperation, on priorities for cooperation especially in areas that concern or directly affect them, and on political dialogue;
- Receive assistance in capacity building in critical areas
to strengthen the capabilities of these actors, particularly as regards organization and representation, and the establishment of consultation mechanisms including channels of communication and dialogue, and to promote strategic alliances.
Non-state actors and local decentralized authorities, as appropriate: - be provided with financial resources, under the conditions laid down in
this Agreement in order to support local development processes;
- Are involved in the implementation of cooperation projects and programs in areas that concern them or where they have a comparative advantage "
4 Article 6 is amended as follows: |... || a) paragraph 1 is replaced by the following:
"1. The actors of cooperation will include:
a) State (local, regional and national), including ACP national parliaments;

B) ACP regional organizations and the African Union; in the context of this Agreement the notion of regional organizations or regional level includes the sub-regional organizations or sub-regional level;
C) non-State actors:
- the private sector; - The economic and social partners, including trade unions
; - Civil society in all its forms according
national characteristics. ";
B) in paragraph 2, the words" non-governmental actors "are replaced by" non-state actors "5
.. Article 8 is replaced by the following:
"Article 8 political dialogue 1
. The parties are to engage regularly in a comprehensive political dialogue, leading to balanced and deep mutual commitments.
2. This dialogue aims to exchange information, to foster mutual understanding and to facilitate the definition of priorities and principles, in particular by recognizing existing links between the different aspects of the relations between the parties and between various areas of cooperation under this agreement. The dialogue shall facilitate consultations and strengthen cooperation between the Parties within international fora as well as promote and sustain a system of effective multilateralism. The dialogue also aims to prevent situations in which a party may find it necessary to use the consultation procedures provided for in Articles 96 and 97. 3. The dialogue shall cover all the aims and objectives laid down in this Agreement and on all matters of general or regional mutual interest, including issues relating to regional and continental integration. Through dialogue, the parties contribute to peace, security and stability and promote a stable and democratic political environment. It shall encompass cooperation strategies, including the action plan on aid effectiveness, as well as global and sectoral policies, including environment, climate change, gender equality / women, migration and issues related to cultural heritage. It also address global and sectoral policies of both Parties that might affect the achievement of the objectives of development cooperation.
4. The dialogue shall focus, inter alia, on specific political issues of mutual concern or general interest in relation to the objectives of this Agreement, particularly in areas such as arms trade, excessive military expenditure, drugs, organized crime, child labor, or discrimination for any reason: race, color, sex, language, religion, political or other opinion, national origin or social origin, property, birth or other status . It also includes a regular assessment of developments concerning the respect for human rights,

Democratic principles and the rule of law and good governance. 5. Broadly based policies to promote peace and prevent, manage and resolve violent conflicts are an important part in this dialogue, as is the need to take full account of the objective of peace and stability democratic when defining priority areas of cooperation. In this context, the relevant ACP regional organizations and the African Union, where appropriate, are fully involved in this dialogue.
6. The dialogue is conducted with the necessary flexibility. It may, as appropriate, be formal or informal, take place within the institutional framework and outside it, including the ACP Group, the Joint Parliamentary Assembly, in the form and at the most appropriate level, including national, regional, continental or all-ACP. 7. Regional organizations and representatives of civil society organizations are involved in this dialogue and, where appropriate, ACP national parliaments. 8. If necessary, and to prevent situations in which one Party might deem necessary to resort to the consultation procedure provided for in Article 96, dialogue covering the essential elements shall be systematic and formalized in accordance with the rules set out Annex VII. "
6 Article 9 is amended as follows:..
a) in paragraph 3, the second paragraph is replaced by the following:
" good governance , which underpins the ACP-EU partnership, underpin the internal and international policies of the Parties and constitute a fundamental element of this agreement. The parties agree that serious cases of corruption, active or passive, referred to in Article 97 constitute a violation of that element ";
b) in paragraph 4, the following paragraph is added:
". The principles underlying the essential and fundamental elements as defined in this Article shall apply equally to the ACP States, on one hand, and the European Union and its Member States, on the other. ". || . | 7 Article 10 is amended as follows:
a) in paragraph 1, the second indent is replaced by the following:
"- greater involvement of ACP national parliaments, local decentralized authorities, if any, of an active and organized civil society and the private sector. ";
b) in paragraph 2, the words" market economy "are replaced by
" economy social market, "
8 Article 11 is replaced by the following:..
" Article 11 Policies for peace, prevention and conflict resolution, response to situations of fragility

1. The Parties acknowledge that without development or poverty reduction, there can be no peace or lasting security and that without peace and security there can be no sustainable development. The parties are implementing an active, comprehensive and integrated peace-building, prevention and resolution of conflicts and human security, and face situations of fragility within the framework of the partnership. This policy is based on the principle of ownership and focus in particular on the development of national, regional and continental capacities, and on preventing violent conflicts at an early stage by addressing their root causes, including poverty, by appropriately combining all available instruments. The parties recognize the need to deal with security threats, new or expanding, such as organized crime, piracy and trafficking, including that of humans, drugs and weapons. The impacts of global challenges such as shocks to the international financial markets, climate change and pandemics also need to be considered. The Parties emphasize the important role of regional organizations in peace building in the prevention and resolution of conflicts and in the fight against security threats, new or expanding, in particular the key role played in this area by African Union in Africa. 2. The interdependence between security and development is reflected in the activities in the field of peacebuilding, prevention and settlement of conflicts, which are based on a combination of approaches and short long terms beyond mere crisis management. Activities to deal with security threats, new or expanding support among others, the application of the law, including cooperation in the field of border control through better securing the international supply chain and improved protection measures for air, sea and land. Activities in the field of peacebuilding, prevention and resolution of conflicts in particular include support for balancing political opportunities, economic, social and cultural opportunities among all segments of society, reinforce democratic legitimacy and the effectiveness of management of public affairs, establish effective mechanisms for peaceful conciliation of group interests, to promote active participation of women, for bridging dividing lines among different segments of society and to foster a society active and organized civil. In this regard, particular attention is paid to the establishment of early warning mechanisms and consolidation of peace conducive to facilitating conflict prevention. 3. These activities also include, among others, support for mediation efforts, negotiation and reconciliation, for effective regional management of shared, scarce natural resources, for demobilization and reintegration of former combatants, the efforts on issue of child soldiers and violence against women and children. The relevant provisions are taken to limit to a reasonable level of military expenditures and the arms trade, including through support for the promotion and application of standards and codes of conduct, as well as to fight against the nature of activities to fuel conflict. 3a. The focus is particularly on the fight against landmines and other explosive remnants of war, manufacture, transfer, circulation and accumulation of illicit small arms and light weapons and their ammunition, there including stocks and inadequately secured deposits or mismanaged and uncontrolled spread.
The Parties agree to coordinate, observe and fully implement their respective obligations under the relevant international conventions and instruments and, to this end undertake to cooperate at the national, regional and continental. 3b. The parties also undertake to cooperate in the prevention of mercenary activities in accordance with their obligations under all international conventions and instruments, and their respective legislations and regulations.

4. To deal with situations of fragility in a strategic and effective manner, the Parties shall exchange information and facilitate the adoption of preventive measures, combining coherently the diplomatic, security and development cooperation. They agree the best ways to strengthen the capacity of States to fulfill their core functions and to stimulate political will to undertake reforms, while respecting the principle of ownership. In situations of fragility, political dialogue is especially important and must therefore be intensified and strengthened. 5. In situations of violent conflict the Parties shall take all appropriate measures to prevent an intensification of violence, to limit its spread and to facilitate a peaceful settlement of the existing disputes. Particular attention is paid to ensuring that financial resources for cooperation are used in accordance with the principles and objectives of the Partnership, and to preventing a diversion of funds for belligerent purposes. 6. In post-conflict situations, the Parties shall take all appropriate measures to stabilize the situation during the transition period to facilitate the return to a sustainable state of non-violence, stability and democracy. They provide the necessary links between emergency measures, rehabilitation and development cooperation. 7. In promoting the strengthening of peace and international justice, the Parties reaffirm their determination to: - share experience in the adoption of legal
necessary for the ratification and implementation status Rome of the International criminal Court, and
- fight against international crime in accordance with international law, taking into due account
Rome Statute.
The Parties shall seek to take steps towards ratifying and implementing the Rome Statute and related instruments "
9 Article 12 is replaced by the following:... || | "Article 12 coherence of Community policies and impact on the implementation of this agreement the Parties are committed to addressing the issue of policy coherence for development in a targeted, strategic and partnership-based, including strengthening dialogue on issues related to this field. The Union acknowledges that Union policies - other than those of development - can support the development priorities of ACP States in accordance with the objectives of this agreement
. On this basis the Union will enhance the coherence of those policies to achieve those objectives. Without prejudice to Article 96, where the Community intends, in the framework of its powers, to take a measure which might affect the interests of the ACP States, provided that the objectives of this Agreement are concerned, it shall inform the group ACP in time. To this end, the Commission shall inform the ACP Secretariat of planned proposals and communicate simultaneously its proposal to it for such measures. If necessary, a request for information may also be introduced at the initiative of the ACP States. At the request of the latter, consultations shall be held promptly so that account may be taken of their concerns about the impact of these measures before a final decision is taken. Following these consultations, the ACP States and the ACP Group may, in addition, communicate promptly their concerns in writing to the Community and submit suggestions for amendments indicating the way their concerns. If the Community does not accede to the ACP States', it shall inform them as soon as possible giving its reasons. The ACP Group shall also, if possible in advance, adequate information on the entry into force of such decisions. "
10 Article 14 is replaced by the following:..
" Article 14 the joint institutions 1. the joint institutions of this agreement are the Council of Ministers, the Committee of ambassadors and the joint Parliamentary Assembly. 2. The joint institutions and the institutions set up under the Economic Partnership Agreements shall, without prejudice to the relevant provisions of existing or future Economic Partnership Agreements, to ensure coordination, coherence and complementarity, as well as effective and reciprocal flow of information "
11 The following article is inserted...:

"Article 14a Meetings of Heads of State or Government The Parties shall meet at Heads of State or Government, upon joint agreement, in an appropriate composition.".
12. Article 15 is amended as follows:
a) in paragraph 1, the third paragraph is replaced by the following:
"The Council of Ministers shall meet in principle once a year at the initiative its president, and whenever it seems necessary, in a form and a geographical composition appropriate to the issues to be addressed. These meetings will provide for high-level consultations on subjects of specific interest to the parties, complementing the work done in the Joint Ministerial Committee (Article 38) and the ACP-EC Committee of cooperation for development
financing (Article 83), which feed into the regular annual meetings of the Cabinet. ";
B) in paragraph 3, the second paragraph is replaced by the following:
"It may take decisions that are binding on the parties, prepare resolutions, recommendations and opinions at its regular annual meeting or written procedure. It shall report annually to the Joint Parliamentary Assembly on the implementation of this agreement. It shall examine and take into consideration resolutions and recommendations adopted by the Joint Parliamentary Assembly. ".
13. Article 17 is amended as follows:
a) paragraph 2 is amended as follows:
i) the third and fourth indents are replaced by the following:
"- discuss issues pertaining to development and the ACP-EU partnership, including the economic partnership agreements, other trading arrangements, the European development Fund and the documents of national and regional strategy. to this end, the Commission shall, for information, all documents strategy to the Joint Parliamentary Assembly;
- examine the Council's annual report of Ministers on the implementation
implementation of this agreement, and adopt resolutions and make recommendations to the Council of Ministers for the objectives set out in this agreement; ";
Ii) the following is added:
"- advocate for institutional development and capacity building of national parliaments in accordance with Article 33, paragraph 1, of this Agreement.";
B) paragraph 3 is replaced by the following:.
"3 The Joint Parliamentary Assembly meets twice a year in plenary session, alternately in the EU and in an ACP State in view. strengthen regional integration and fostering cooperation between national parliaments, meetings between parliamentarians from the EU and ACP parliamentarians are organized regionally.
These regional meetings will be organized in accordance with the objectives set out in Article 14 , paragraph 2, of this agreement. ".
14. Article 19, paragraph 2 is replaced by the following:.
"2 Cooperation refers to the United Nations conferences and policy objectives and programs agreed at international level and to their follow as a basis for development principles. the cooperation also refers to the international objectives of development cooperation, paying particular attention to the establishment of qualitative and quantitative indicators of progress. the parties will work together to accelerate progress towards achieving the Millennium development goals. ".
15. Article 20 is amended as follows:
a) paragraph 1 is amended as follows:
i) the introductory wording is replaced by the following:.
"1 The objectives of development cooperation ACP-EC are pursued through integrated strategies that incorporate economic, social, cultural, environmental and institutional elements that must be locally owned. cooperation shall thus provide a coherent support framework for development strategies in ACP countries , ensuring complementarity and interaction between the various components, in particular the national and regional levels and between these levels. in this context and in the framework of development policies and reforms implemented by the ACP States, strategies ACP-EC cooperation at the national level and, where appropriate, regional level, aimed at: ";
Ii) point a) is replaced by the following:

"A) achieving economic growth, rapid and sustained job-creating, developing the private sector, increasing employment and improving access to productive resources and economic activities";
Iii) the following is inserted:
"aa) fostering regional cooperation and integration;";
B) paragraph 2 is replaced by the following:.
"2 In view of their integration in all fields of cooperation, a systematic consideration of the following thematic or cross-cutting issues will be provided: rights of man, the male / female equality, democracy, good governance, environmental conservation, climate change, communicable and non-communicable diseases and institutional development and capacity building. These areas shall also benefit from the assistance of the Community. ".
16. Article 21 is amended as follows:
a) in the introductory wording of paragraph 1, the words "private investment" are replaced by "investment";
B) in paragraph 3, c) a change is made in the English version
no effect on the French version; c) paragraph 5 is replaced by the following:.
"5 Support for investment and private sector development shall integrate actions and initiatives at macro, meso and micro, and aims to promote search for innovative financing mechanisms, including the blending and leveraging of private and public sources of development funding. ";
D) the following paragraph is added:
"6 Cooperation shall support investments in basic infrastructure by the public sector in order to develop the private sector, economic growth and the eradication of. poverty.".
17. In Article 22, paragraph 1 b), the introductory wording is replaced by the following:
"b) implement structural policies designed to reinforce the role of different actors, especially the private sector and improve the environment for mobilizing more domestic resources, increasing the volume of business and promote investment and employment as well as: ".
18 Section 23 is replaced by the following:
"Article 23 Economic sector development Cooperation shall support sustainable policy and institutional reforms and the investments necessary for equitable access to economic activities and productive resources, in particular:
a) the development of training systems that help increase productivity
in the formal and informal sectors; b) capital, credit, land, especially as regards the rights of
ownership and operation; c) development of rural strategies aimed at establishing a framework for decentralized
planning, allocation and management of resources, a participatory approach;
d) developing strategies to improve agricultural production and productivity
in ACP countries, including the provision of necessary financing for agricultural research, provision of agricultural inputs and services, rural infrastructure support, and reducing and managing risk. Assistance includes public and private investment in agriculture, promotion of policies and strategies in this area, strengthening farmers' organizations and the private sector, natural resource management, and the development and functioning of agricultural markets . agricultural production strategies shall reinforce national and regional food security policies and regional integration. In this context, cooperation supports the efforts of ACP countries to improve their export competitiveness of commodity exports and to adapt their strategies commodity in light of changing market conditions;
E) sustainable development of water resources, based on the principles of integrated management
, ensuring equitable and sustainable distribution of shared water resources between their different uses;
F) sustainable development of aquaculture and fisheries, as well as marine
resources in the exclusive economic zones of the ACP States; g) economic and technological infrastructure and services, including
transport, telecommunication systems, communication services and the development of the information society;
H) development of competitive industrial, mining and energy, while

Encouraging participation and private sector development; i) trade development, including the promotion of fair trade;
J) business sector development, finance and banking, and other services;
K) tourism development; l) the development of infrastructure and scientific, technological and
research, including the enhancement, transfer and absorption of new technologies;
M) capacity building in the productive sectors, particularly in
public and private sectors; n) the promotion of traditional knowledge; and o) the development and implementation of specific adaptation strategies for
address the effects of preference erosion, possibly including activities mentioned in points a) to n) above. " .
19 the following article is added.
"Article 23 a: fisheries Recognising the key role of fisheries and aquaculture in the ACP countries, in terms of their positive contribution to the creation of employment, income generation, food security and the preservation of livelihoods of rural and coastal communities, and hence to poverty reduction, cooperation aims to further develop aquaculture sectors and fishing in ACP countries in order to sustainably increase the social and economic benefits that will flow from it. Programs and cooperative activities including promoting the definition and implementation of development strategies and sustainable aquaculture management plans and fishing in ACP countries and regions; integration of aquaculture and fisheries into national and regional development strategies; the development of infrastructure and technical skills required by ACP countries to yield maximum sustainable value from their fisheries and aquaculture; strengthening of ACP countries to build capacity to deal with external challenges that limit their ability to take full advantage of their fisheries resources; and the promotion and development of joint ventures for investment in the sectors of fisheries and aquaculture in the ACP countries. Any fishery agreement that may be negotiated between the Community and the ACP States must be consistent with the development strategies in this area. High-level consultations, including at ministerial level, may be held upon joint agreement, in order to develop, improve and / or strengthen cooperation ACP-EU development in the field of aquaculture and . sustainable fishing "..
20 in Article 25, paragraph 1, a) and b) are replaced by the following:
" a) improving education and training at all levels, working towards the establishment of a system of recognition of higher education diplomas and a guarantee of quality education mechanism, including education and training delivered on-line or by other unconventional means, and capacity building and technical skills;
B) improving health systems, in particular equitable access to services
comprehensive, quality care and nutrition, eliminating hunger and malnutrition and ensure food
supply and security sufficient, including through supporting safety nets; Culture and development "; |"
21 Article 27 is amended as follows::
a) the title is replaced by the following
.. " || b) point c) is replaced by the following:
"c) recognizing, preserving and enhancing cultural heritage, support the development of capacity in this sector;"
c) the following points are added:
"e) recognizing and supporting the role of cultural actors and cultural networks, and their contribution to sustainable development; and
f) promoting the cultural dimension in education and youth participation in cultural activities
"
22 Articles 28, 29 and 30 are replaced by the following:...
"Article 28: General approach
1. The ACP-EU cooperation is effective in achieving the objectives and priorities which the ACP States within the framework of cooperation and regional integration. 2. Pursuant to the general objectives set out in Articles 1 and 20, ACP-EU cooperation aims to: a) promote peace and stability and the prevention and resolution of conflicts; b) enhance economic development and cooperation through the establishment

Of larger markets, the free movement of persons, goods, services, capital, labor and technology among ACP countries, the accelerated diversification of the economies of ACP States, the promotion and expansion of trade among ACP countries and with third countries, and the gradual integration of ACP States into the world economy;
C) promote the management of sustainable development challenges with a transnational dimension
through, inter alia, coordination and harmonization of regional and sub-regional cooperation. 3
. Under the conditions set out in Article 58, cooperation shall also support inter-regional and intra-ACP involving, for example: a) one or several ACP regional organizations, including at continental level; b) European countries and territories overseas (OCT) and
outermost regions; c) non-ACP developing countries.

Article 29 ACP-EU cooperation in support of cooperation and regional integration 1. In the area of ​​stability, peace and conflict prevention, cooperation aims to: a) promote and develop a regional political dialogue in areas
concerning the prevention and resolution of conflicts, human rights and democratization, exchange, networking and promotion of mobility between the different actors of development, in particular in Civil society;
B) promote regional initiatives and security-related policies, including
gun control, anti-drug activities, organized crime, money laundering, fraud and corruption.
2. In the area of ​​regional economic integration, cooperation aims to: a) encourage the least developed countries (LDCs) in the ACP States to participate
to the establishment of regional markets and benefit therefrom; b) implement sectoral economic reform policies at regional level; c) liberalize trade and payments; d) promoting cross-border investments both foreign and domestic, and other
regional economic integration initiatives; e) mitigating the effects of net transitional costs of regional integration on budget revenue and
balance of payments; and f) strengthen infrastructure, especially in transport and communication
and safety aspects related thereto and services, including the development of regional opportunities in the field of information technology and communication. 3
. In the area of ​​regional policies for sustainable development, cooperation shall support the priorities of ACP regions, including in particular: a) the environment and sustainable management of natural resources, including water and
the energy and the fight against climate change; b) food security and agriculture; c) health, education and training; d) research and technological development; and e) regional initiatives for disaster preparedness and mitigation of their effects
well as post-disaster reconstruction.
Article 30: Strengthening capacities in support of cooperation and regional integration In order to make efficient and effective regional policies, cooperation develops and builds capacity:
a) institutions and integration organizations regional created by the ACP States and those with ACP State participation that promote regional cooperation and integration;
B) governments and national parliaments in the area of ​​regional integration
; . And c) non-State actors, including the private sector. ".
23 The following article is added:
" Article 31a: HIV / AIDS Cooperation shall support the efforts of ACP States develop and strengthen across all sectors policies and programs of fight against the HIV / AIDS and prevent it from hampering development. It supports the efforts of ACP States to increase and sustain universal access to prevention, treatment, care and support and shall in particular aim to: a) promote the development and implementation strategies and comprehensive multisectoral
plans on HIV / AIDS as a priority in national and regional development plans;
B) to involve all relevant sectors of development in strategies

national fight against HIV / AIDS and ensuring a broad mobilization of society at all levels;
C) strengthening national health systems and to address the shortage of human resources
in this sector to ensure universal access to health services and to effectively integrate the prevention, treatment and management of HIV / AIDS with other health services;
D) to tackle gender inequality, violence and sexual abuse,
which are vectors of the AIDS pandemic and intensifying efforts to safeguard women's rights and girls; develop effective programs and services for HIV / AIDS specifically for women and girls, including with regard to sexual and reproductive health and rights relating thereto and to promote the full participation of women in planning and decision-making on policies and programs on HIV / AIDS;
E) to develop a legal and policy frameworks and removing punitive laws, policies and
repressive practices, as well as stigma and discrimination that undermine human rights, increase vulnerability to HIV / AIDS and prevent access to prevention, treatment, care and effective support, including medicines, products and services for people living with HIV / AIDS and most vulnerable populations;
F) to strengthen access to a complete and proven HIV / AIDS
taking into account the drivers of the epidemic at local and specific needs of women, youth and people most exposed; and
g) ensuring universal and reliable access to treatment, including for
Safe, high quality, affordable and health products, especially regarding sexual and reproductive health. ". .
24 the following article is added:
Article 32a: climate change the Parties acknowledge that climate change is a major environmental challenge at the global level and a threat to the achievement of the Millennium goals development, which requires adequate financial support, predictable and timely for these reasons and in accordance with Article 32, in particular paragraph 2 a), cooperation. a) recognize the vulnerability of ACP States and in particular the small island ACP States
and low altitude climate phenomena such as coastal erosion, cyclones and floods and environment-related population movements and the worsening flood problem , drought, deforestation and desertification, affecting in particular the ACP least developed and landlocked;
B) strengthen and support policies and programs to mitigate
consequences of climate change and adapt to the risks they represent, including through institutional development and capacity building;
C) strengthen the capacity of ACP States to develop the global carbon market
and participate; d) focuses on the following activities:
i) the consideration of climate change into development strategies and efforts to reduce poverty;
Ii) strengthening the political dimension of climate change in the
development cooperation, including through appropriate policy dialogue;
Iii) the provision of assistance to ACP States to enable them to adapt to climate change
in relevant sectors such as agriculture, water management and infrastructure, including the transfer and adoption of appropriate technologies and healthier for the environment;
Iv) promoting the reduction of disaster risks, given the fact
an increasing proportion of disasters are related to climate change;
V) the provision of financial and technical assistance to mitigation actions
ACP States that are in line with their targets for poverty reduction and sustainable development and contribute significantly to reduce emissions from deforestation, forest degradation and reducing emissions in agriculture;
Vi) improving information and weather forecasts and climate
well as early warning systems; and vii) the promotion of renewable energy and low carbon technologies
that enhance sustainable development. ".

25. In Article 33, paragraph 3, point c) is replaced by the following:
"c) improvement and strengthening of public finance management in order to develop economic activities in ACP countries and . to increase their tax revenues, whilst fully respecting the sovereignty of ACP States in this area
These measures may include:
i) capacity building for public financial management, including
the establishment of effective tax systems, effective and sustainable;
ii) promoting the participation in international tax cooperation
structures and mechanisms to facilitate the development and effective implementation of international standards; | || iii) support for the implementation of the ACP countries that have committed to,
tax principles of transparency and exchange of information; ". 26. In Article 34, paragraphs 2 to 4 are replaced by the following:.
"2 The ultimate goal of economic and trade cooperation is to enable the ACP States to participate fully in international trade in this. context, it is particular regard to the need for ACP States to participate actively in multilateral trade negotiations. given the current level of development of ACP countries, economic and trade cooperation should enable them to meet the challenges of globalization and gradually adapt to the new conditions of international trade thereby facilitating their transition to the liberalized global economy. in this context, it should pay particular attention to the vulnerability of many ACP States arising from their dependence on the commodities or a few key products, including agro-industrial value-added products, as well as the erosion of preferences. 3
. To this end, economic and trade cooperation shall aim, through national and regional development strategies as defined in Title I, at enhancing the production capacity, supply and marketing of ACP countries and their capacity to attract investments. The cooperation also aims at creating a new trading dynamic between the parties, to strengthen policies of ACP countries in trade and investment, to reduce their dependence on commodities, to promote savings more diversified and improve their ability to deal with all issues related to trade. 4. Economic and trade cooperation is implemented in full compliance with the provisions of the Agreement establishing the World Trade Organization (WTO), including special and differential treatment taking into account the mutual interests of the parties and their levels respective development. It also aims to address the effects of preference erosion in full conformity with multilateral commitments "
27 In Article 35, paragraphs 1 and 2 are replaced by the following:... || | "1. Economic and trade cooperation must be based on genuine partnership, strengthened and strategic. It is, moreover, based on a comprehensive approach, based on the strengths and achievements of the previous ACP-EC Conventions.
2. Economic and trade cooperation is based on regional integration initiatives of ACP States. Cooperation in support of cooperation and regional integration as defined in Title I and economic and trade cooperation are mutually reinforcing. Economic and trade cooperation shall, in particular, the constraints of supply and demand, including measures relating to interconnectivity of infrastructure, economic diversification and trade development as a means of strengthening the competitiveness of States ACP. Appropriate weight is given to the corresponding measures in the ACP States and the development strategies of regions which benefit from Community support, including through the provision of aid for trade. ".
28. Sections 36 and 37 are replaced by the following:
"Article 36: Modalities

1. Given the objectives and principles set out above, the parties agree to take all necessary measures to conclude new economic partnership agreements compatible with WTO rules, removing progressively barriers to trade between them and enhancing cooperation in all areas relevant to trade. 2. The instruments of development that are the economic partnership agreements aimed at encouraging a gradual and harmonious integration of all the ACP States into the world economy, including using the full potential of regional integration and South-South trade . 3. The Parties agree that these new trading arrangements shall be introduced gradually.
Article 37 Procedures 1. During the negotiations of the Economic Partnership Agreements, capacity development is ensured in accordance with the provisions of Title I and Article 35, in the public and private sectors of ACP countries, including taking measures to improve competitiveness, to strengthen regional organizations and support regional trade integration initiatives and, where appropriate, assistance to budgetary adjustment and fiscal reform, as well as the modernization and infrastructure development and investment promotion. 2. The Parties will regularly review the progress of negotiations as foreseen in Article 38. 3. Negotiations of the Economic Partnership Agreements will be pursued with ACP countries which consider themselves to do so, at that they consider appropriate and in accordance with procedures agreed by the ACP group to support the process of regional integration among ACP States. 4. Negotiations of the Economic Partnership Agreements aim notably at establishing the timetable for the gradual removal of trade barriers between the parties, in accordance with WTO rules on the matter. Regarding the Community trade liberalization is based on the acquis and shall aim at improving current market access for ACP countries, including through a review of rules of origin. The negotiations take into account the level of development and socio-economic impact of trade measures on ACP countries and their capacity to adapt and adjust their economies to the liberalization process. Negotiations will therefore be as flexible as possible regarding fixing a transition period of sufficient duration, the final product coverage, taking into account
sensitive sectors, and the degree of asymmetry in terms of timetable for tariff dismantlement, while remaining in conformity with WTO rules in effect at that date. 5. The Parties shall cooperate and work closely together in the WTO to defend the arrangements reached, in particular with regard to the degree of flexibility available. 6. The parties are discussing how to simplify and review the rules of origin, including cumulation provisions, that apply to their exports. 7. Once ACP States have concluded an Economic Partnership Agreement, those ACP States that are not part of such an agreement may apply to join at any time. 8. As part of the ACP-EU cooperation in support of cooperation and regional integration of the ACP, as provided in Title I and in accordance with Article 35, the Parties shall give special attention to the needs emerging from the implementation implement economic partnership agreements. The principles described in section 1 of Annex IV of this Agreement shall apply. To this end, the Parties agree to use existing or new regional financing mechanisms for channeling resources from the multi-annual financial framework of cooperation and other additional resources. ".
29. The following article is inserted:

"Article 37a: Other trading arrangements 1. In the context of current trade policies focusing on increasing trade liberalization, the EU and the ACP States may participate in the negotiation and implementation of agreements to further liberalize multilateral and bilateral trade. This process is likely to lead to an erosion of preferences for ACP States and affect their competitive position in the EU market, as well as their development efforts that the EU is committed to support. 2. Pursuant to the objectives of economic and trade cooperation, the EU seeks to implement measures to overcome possible negative impacts of liberalization, to maintain as long as possible a significant preferential access to ACP States into the multilateral trading system and to ensure that any unavoidable reduction in preference is phased in over a period as long as possible. ".
30. In Article 38, paragraph 2 is replaced by the following:.
"2 The Ministerial Trade Committee shall discuss any trade issues that concern all ACP States and, in particular, ensure regular monitoring of the negotiations and the implementation of economic partnership agreements. It pays particular attention to the multilateral trade negotiations and examines the impact of the wider liberalization initiatives on ACP-EC trade and the development of ACP economies. It shall report and make the appropriate recommendations to the Council of Ministers, including on any supportive measures, to improve the benefits of the ACP-EC trading arrangements. ".
31. The following article is inserted:
"Article 38a: Consultations 1
Where new measures or measures in the outreach programs of the laws and regulations that the Community has agreed to facilitate trade. business may affect the interests of one or more ACP States, the Community shall, before adoption, the Secretariat of the ACP group and the ACP States concerned. 2. in order to enable the Community to take into account the interests the ACP group, consultations shall be held at the request of the latter, in accordance with Article 12 of this agreement, with a view to reaching a satisfactory solution. 3
. Where existing Community rules or regulations adopted to facilitate trade affect the interests of one or more ACP States or where these interests are affected by the interpretation, application or implementation of these regulations, consultations are organized at the request of States ACP concerned, in accordance with Article 12 in order to reach a satisfactory solution. 4. In order to find a satisfactory solution, the Parties may also bring up within the Joint Ministerial Trade Committee any other problems relating to the movement of goods which might result from measures taken or planned by the Member States. 5. The Parties shall inform each other of such measures in order to ensure effective consultations. 6. The Parties agree that consultations and the provision of information in the institutions of an Economic Partnership Agreement on matters covered by such agreements are in accordance with the provisions of this Article and Article 12 of this agreement, provided that the ACP States likely to be affected are all signatories to the economic partnership agreement within which the consultations were held or information was provided. ".
32. at the Article 41, paragraph 5 is replaced by the following:
"5. The Community shall support, through national and regional development strategies as defined in Title I and in accordance with Article 35, the ACP States' efforts to strengthen their service delivery capabilities. Particular attention will be paid to services related to labor, business, distribution, finance, tourism, culture as well as construction services and related engineering, with a view to ... to improve competitiveness and thereby increasing the value and volume of trade in goods and services "
33 in Article 42, paragraph 4 is replaced by the following:

"4. The Community shall support, through national and regional development strategies as defined in Title I and in accordance with Article 35, the efforts of the ACP States to develop and promote maritime transport services cost effective and efficient in the ACP States to increase the participation of ACP operators in international shipping services. ".
34. In Article 43, paragraph 5 is replaced by the following:.
"5 The parties also agree to step up their cooperation in the information technology sectors and Communication and Society information. This cooperation shall, through national and regional development strategies as defined in title I and in accordance with Article 35, in particular, to ensure complementarity and a harmonization of communication systems, levels national, regional and international level and their adaptation to new technologies. ".
35. In Article 44, paragraph 2 is replaced by the following:.
"2 The Community supports the efforts of the ACP States, through national and regional development strategies as defined in Title I and in accordance in Article 35, to strengthen their capacity to handle all
trade-related areas, including, where necessary, improving and supporting the institutional framework. ".
36. In Article 45, paragraph 3 is replaced by the following:.
"3 The parties also agreed to strengthen cooperation in this area in order to formulate and support, with the competent national bodies in the field, effective competition policies gradually ensuring effective enforcement of competition rules by both private companies and state enterprises. cooperation in this field shall include, through national and regional development strategies as defined in title I and in accordance with Article 35, support for the establishment of an appropriate legal framework and its administrative enforcement with particular reference to the situation of least developed ACP States. ".
37. In Article 46, paragraph 6 is replaced by the following:.
"6 The parties also agree to strengthen their cooperation in this regard request as agreed and through national development strategies. and regional as defined in title I and in accordance with Article 35, cooperation will extend, in particular, to the following areas: development of legislation and regulations to protect and enforce intellectual property rights, to prevent abuse of such rights by rightholders and the infringement of such rights by competitors, to create and strengthen national and regional offices and other agencies, including the support of regional organizations in the field of intellectual property rights, enforcement and protection of rights, including the training of personnel. ".
38. In Article 47, paragraph 2, the introductory wording is replaced by the following:.
"2 Cooperation in standardization and certification, through national and regional development strategies as defined under I and in accordance with Article 35, is aimed at promoting compatible systems between the Parties and in particular include: ".
39. In Article 48, paragraph 3 is replaced by the following:.
"3 The Parties agree to strengthen cooperation in this area through national and regional development strategies as defined in Title I and accordance with Article 35, to develop the capacity of public and private sector in ACP countries in this field. ".
40. Article 49 is amended as follows:
a) paragraph 1 is replaced by the following:.
"1 The Parties reaffirm their commitment to promoting the development of international trade in order to ensure sustainable management and healthy environment in accordance with international conventions and commitments in this area and with due regard to their respective levels of development. They agree that the special needs and requirements of ACP States should be taken into consideration in the design and implementation implementation of environmental measures, including under the provisions of Article 32a. ";
B) the following paragraph is added:

"3. The Parties agree that environmental measures should not be used for protectionist purposes.".
41. In Article 50, paragraph 3 is replaced by the following: ". 3 The Parties agree that labor standards should not be used for protectionist purposes."
.
42. In Article 51, paragraph 2 is replaced by the following:.
"2 Cooperation shall, through national and regional development strategies as defined in Title I and in accordance with Article 35 to strengthen the institutional and technical capacity in this area, creating early warning systems of mutual information on dangerous products, ensure exchanges of information and experience concerning the establishment and operation of product monitoring systems on the market and the safety of products, better inform consumers about the prices and features of products and services offered, encouraging the development of independent consumer associations and contacts between representatives of groups consumers, improving compatibility of consumer policies and systems, to notify cases of enforcement, promoting cooperation in investigating harmful or unfair business practices and applied in trade between the parties, the bans export of goods and services the marketing of which has been prohibited in their country of production. ".
43. In Article 56, paragraph 1 is replaced by the following:.
"1 The cooperation for development financing is implemented on the basis of the development objectives, strategies and priorities established by the ACP States, national, regional and intra-ACP. It is given the respective geographical, social and cultural characteristics of these States, as well as their specific potential. Guided by the action plan on aid effectiveness agreed at internationally, cooperation is based on ownership, alignment, coordination and harmonization between donors, development results management and mutual accountability in particular, cooperation shall:. a) aims to promote the local ownership at all levels of the development process
b) reflect a partnership based on mutual rights and obligations; c) take into account the importance of predictability and security contributions of resources
, granted on highly concessional terms and on a regular basis; d) be flexible and appropriate to the situation in each ACP State as well as the specific nature of
project or program concerned; and e) ensure efficiency, coordination and consistency of actions "
44 Article 58 is amended as follows:...
a) in paragraph 1, point b) is replaced by the text next:
"b) regional or inter-State bodies to which one or more ACP States, including the African Union or other bodies with non-ACP States, which are authorized by those ACP States; ";

b) paragraph 2 is amended as follows:
i) point d) is replaced by the following:
" d) ACP or Community financial intermediaries providing, promoting and financing private or public investments in ACP States; "
ii) point f) is replaced by the following:
" f) developing countries that are not part of the ACP group, when they participate in a joint initiative or regional organization with ACP States in accordance with Article 6 of Annex IV of this agreement "
45 Article 60 is amended as follows:... has
) point c) is replaced by the following:
"c) mitigation of adverse short-term effects of exogenous shocks, including instability in export earnings on the reforms and socio-economic policies;" ;
B) point g) is replaced by the following:
"g) humanitarian and emergency assistance, including assistance to refugees and displaced persons
, interventions involving the rescue short-term and rehabilitation to long term development in crisis or post-crisis, and disaster preparedness. ".
46. Article 61 is amended as follows:
a) Paragraph 2 is replaced by the following:.
"2 Direct budgetary assistance in support of macroeconomic or sectoral reforms shall be granted where:

A) well-defined national or sectoral development policies and strategies, focusing on the fight against poverty, have been implemented or are under implementation courses;
B) well-defined macroeconomic stability
established by the country itself and positively assessed by its principal donors, including, where appropriate, international financial institutions, have been implemented or are in implementation courses; and
c) public financial management is sufficiently transparent, reliable and effective
. The Community align on the systems and procedures in each ACP country, with one monitor its budget support and supports the efforts of partner countries to strengthen domestic accountability, parliamentary oversight, the capacities audit and public information ";
b) paragraph 5 is replaced by the following:
". 5. As part of this agreement, the funds allocated by the multiannual financial framework of cooperation under this Agreement, own resources of the European Investment Bank (hereinafter called "the Bank") and, if applicable, other resources from the budget of the European Community are used to finance projects, programs and other forms of operations contributing to the objectives of this agreement. ".
47. in Article 66, paragraph 1 is replaced by the following:
"1. To alleviate the debt burden of the ACP States and to alleviate their balance of payments problems, the parties agree to use the resources under the multiannual financial framework of cooperation under this Agreement to contribute to initiatives of debt reduction approved at international level for the benefit of ACP countries. The Community undertakes, furthermore, to examine how in the longer term other Community resources can be mobilized in support of debt relief initiatives agreed at international level. ".
48. At Article 67, paragraph 1 is replaced by the following:
"1. The multiannual financial framework of cooperation under this Agreement shall provide support for macroeconomic and sectoral reforms implemented by the ACP States. In this context, the Parties shall ensure that adjustment is economically viable and socially and politically bearable. Support is provided in the context of a joint assessment between the Community and the ACP State concerned reforms that are being implemented or contemplated at the macroeconomic or sectoral level, and permit an overall assessment of reform efforts. Whenever possible, the joint assessment aligns with the specific modalities in partner countries and monitoring of the aid is based on the results achieved. Quick disbursement is a key feature of support programs. "
49 Title II, Part 4, the title of Chapter 3 is replaced by the following:..
" CHAPTER 3 Support in exogenous shocks "
50 section 68 is replaced by the following:..
" Article 68 1. the Parties recognize that macroeconomic instability consecutive to exogenous shocks may adversely affect the development ACP States and jeopardize the achievement of their objectives. Additional support system is established in the multiannual financial framework of cooperation under this agreement to mitigate the negative short-term effects of exogenous shocks, including the effects on export earnings. 2. The purpose of this support is to safeguard socio-economic reforms and policies that could be affected by a decline in revenue and to remedy the short-term negative effects of such shocks. 3. The extreme dependence of the ACP economies vis-à-vis exports, particularly from the agricultural and mining sectors, is considered in the allocation of resources. In this context, the least developed countries, landlocked and island, in post-conflict or post-natural disaster, receive more favorable treatment.
4. The additional resources are made available in accordance with the specific modalities of the support system provided for in Annex II on financing terms. 5. The Community will also provide support for market based insurance schemes designed for ACP States seeking to protect themselves against short-term effects of exogenous shocks. ".
51. In Title II, Part 4, the chapter title 6 is replaced by the following:

"CHAPTER 6: Humanitarian aid, emergency aid and aid after the emergency phase."
52. Article 72 is replaced by the following:
"Article 72: General Principles 1. Humanitarian, emergency aid and later helps the emergency phase are granted in situations of crisis. the humanitarian and emergency assistance aim to save and preserve life and to prevent and alleviate human suffering wherever the needs arise. the posterior helps the emergency phase aims to rehabilitate and to ensure the transition between emergency relief and long-term development programs. 2. situations of crisis, including structural instability or fragility of long duration, are situations that threaten public order or security and safety of individuals, threatening to escalate into armed conflict or to destabilize the country. the crisis may also result from natural disasters or man-made crises such as wars and other conflicts or extraordinary circumstances having comparable effects related, inter alia, climate change, environmental degradation, access to energy and natural resources, or extreme poverty. 3. Humanitarian aid, emergency aid and assistance after the emergency phase are maintained as long as necessary to meet the needs of victims, ensuring the transition from emergency relief, rehabilitation and development. 4. Humanitarian aid is granted exclusively to the needs and interests of victims of the crisis, in accordance with the principles of international humanitarian law and in consideration of humanity, neutrality, the impartiality and independence. In particular, there can be no distinction between victims because of race, ethnicity, religion, gender, age, nationality or political affiliation. Free access to victims and victim protection must be guaranteed as well as staff safety and humanitarian equipment. 5. The humanitarian, emergency aid and assistance after the emergency phase are funded by the multiannual financial framework of cooperation under this Agreement, where such assistance can not be financed by the budget The union. The implementation of humanitarian aid, emergency aid and assistance after the emergency phase is done in complementarity and coordination with the efforts of Member States, in accordance with best practices in effectiveness of aid. "
53 the following article is inserted:..
" Article 72 a: Goals
1. Humanitarian and emergency assistance are to: a) save human lives in crisis and post-crisis; b) contribute to the financing and delivery of humanitarian assistance as well
Direct access to its recipients to it, using all logistical means available;
C) implementing measures for rehabilitation and reconstruction
short term in order to allow affected populations to benefit from a minimum level of socio-economic integration and to create, as quickly as possible, conditions for a resumption of development on the basis of long-term objectives set by the ACP countries and regions concerned;
D) address the needs arising from the displacement of people (refugees, displaced persons and returnees
) following natural or man-made disasters, to meet, as long as necessary, all the needs of refugees and displaced persons (wherever they may be) and facilitate action for their voluntary repatriation and reintegration in their country of origin; and
e) assist the ACP State or region to develop mechanisms for the prevention and preparation
short term, including for prediction and early warning, to mitigate the consequences of these disasters.

2. Similar assistance to those referred to above may be granted to ACP States or regions taking in refugees or returnees to meet acute needs not covered by emergency assistance. 3. The aid after the emergency phase is aimed at physical and social rehabilitation necessary as a result of the crisis concerned and may be implemented to ensure the transition between short emergency relief and rehabilitation term with the appropriate long term development programs funded by the national indicative programs, regional or intra-ACP program. The actions of this kind should facilitate the transition from the emergency phase to the development phase, promote the socio-economic reintegration of affected populations, to remove as much as possible the causes of the crisis and strengthen institutions and ownership by local and national actors of their role in formulating a sustainable development policy for the ACP country concerned. 4. Where appropriate, short-term prevention and preparedness mechanisms referred to in paragraph 1 e) are coordinated with existing similar mechanisms. The establishment and strengthening of national, regional systems and all-ACP reduction and disaster risk management should allow ACP countries to improve their resilience to the impact of disasters. All activities in this area can be carried out in cooperation with organizations and international and regional programs with proven experience in disaster risk reduction. ".
54. Article 73 is replaced by the following :
"Article 73: implementation 1. assistance operations shall be undertaken either at the request of the ACP or the region affected by the crisis countries, at the initiative of the Commission or the incentive international organizations or NGOs.
2. The Community shall make appropriate arrangements for prompt action to address immediate needs. The aid is managed and implemented under procedures permitting operations that are rapid, flexible and efficient. 3. With the help development objective granted under this Chapter, assistance may, exceptionally, be implemented in parallel with the indicative program at the request of the State or region . concerned. ".
55 in Article 76, paragraph 1, point d) is replaced by the following:
" d) loans from the own resources of the Bank and the ease of investment, including the terms and conditions are set out in Annex II of this agreement. . Such loans may also be used to finance public investment in basic infrastructure. ".
56 In Article 95, paragraph 3, the first paragraph is replaced by the following:
" 3. Within twelve months before the expiration of each period of five years, the Community and the Member States, on the one hand and the ACP States on the other, shall notify the other party the provisions of this Agreement which they ask the review for possible modification. Notwithstanding this time, when a party requests a review of any provision of this Agreement, the other party has a period of two months to apply for extension of the review to other provisions related to those which were . is the subject of the initial request. ".
57 in Article 100, the second paragraph is replaced by the following:
" this agreement, drawn up in duplicate in the German, English, Bulgarian , Danish, Dutch, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish, each of these texts being equally authentic, shall be deposited in the archives of the General secretariat of the Council of the European Union and the ACP secretariat that transmit a certified copy to the government of each of the signatory States. ".
C. NOTES 1. Annex II, as amended by decision No 1/2009 of the ACP-EC Ministers
of 29 May 20091, is amended as follows:
a) Article 1 is replaced by the following:

"Article 1 1. The terms and conditions of financing relating to risk capital and loans from the Investment Facility and the European Investment Bank's own resources and special operations shall be as defined in this chapter. These resources may be channeled to eligible enterprises, either directly or indirectly by investment funds and / or eligible financial intermediaries.
EU 1 OJ L 168, 30.6.2009, p. 48.


2. the interest rate subsidies provided under this Annex will be financed by the interest subsidy allocation specified in Annex 1b, paragraph 2 c) of this agreement. 3. interest subsidies may be capitalized or used in the form of grants. the amount of the interest subsidy, expressed by its value at the dates of the loan payment will be charged to the allocation of interest subsidies specified in Annex 1b, paragraph 2, point c), and paid directly to the Bank. Up to 10% of this allocation for interest rate subsidies may also be used to support technical assistance related to projects in the ACP countries. 4. These terms and conditions are without prejudice to terms and conditions that may be imposed upon ACP countries subject to restrictive borrowing conditions under the Heavily Indebted Poor Countries scheme ( "HIPC") or other frameworks debt sustainability subject to international agreements. Accordingly, where such frameworks require a reduction in the interest rate of a loan by more than 3% in accordance with what is permitted under Articles 2 and 4 of this chapter, the Bank seeks to reduce the average cost of funds through appropriate co-financing with other donors. If it was not considered possible, the loan interest rate can be reduced by the amount necessary to meet the level arising from the HIPC initiative or a new framework for debt sustainability approved at international level. " ;
b) in Article 2, paragraphs 7 and 8 are replaced by the following:
"7. Ordinary loans in non subject to restrictive borrowing conditions under the HIPC or other debt sustainability frameworks in international agreements may be extended on concessional terms in the following cases a) for infrastructure projects essential to the development of the private sector
in least developed countries or in countries in post-conflict situation and in countries in post-natural disaster. In these cases, the loan interest rate will be reduced by up to 3%;
B) for projects which involve restructuring operations in the
framework of privatization or for projects with substantial social or environmental benefits and clearly demonstrable. In such cases, loans may be of interest subsidies whose amount and form are determined based on project characteristics. The reduction in interest rates should not be higher than 3%
. The final rate of loans falling under a) or b) is in no case less than 50% of the reference rate. 8. The funds for these bonuses will be paid from the interest subsidy allocation specified in Annex Ib, paragraph 2 c) of this Agreement. ";
C) in Article 4, paragraph 2 is replaced by the following:
"2. Loans from the Bank's own resources shall be granted the following terms and conditions:

A) the reference rate of interest is the rate applied by the Bank for a loan on the same terms of currency and repayment period on the day of signing the contract or the date of payment;
B) however, for countries which are not subject to
restrictive borrowing conditions under the HIPC or other debt sustainability frameworks in international agreements:
i) public sector projects shall, in principle, a
interest subsidy of up to 3%; ii) private sector projects falling into the categories specified
Article 2, paragraph 7, item b), may benefit from interest rate subsidies to the conditions specified therein.
The final interest rate shall in no case less than 50% of the reference rate;
C) Loans granted by the Bank from its own resources shall be

Term conditions established on the basis of economic and financial characteristics of the project. These loans shall normally comprise a grace period determined according to the project construction period "

2 Annex III is amended as follows:...
A) in Article 1, a) and b) are replaced by the following:
"a) strengthen and enhance the role of the Centre for the development of enterprise (CDE) to provide the private sector the necessary support to promote development the private sector in ACP countries and regions;
and b) strengthen and reinforce the role of the Technical Centre for Agricultural and Rural Cooperation
(CTA) to develop the institutional capacities of ACP, particularly the management of information in order to improve access to . technologies to increase agricultural productivity, marketing, food security and rural development ";
b) Article 2 is replaced by the following:
" Article 2 CDE 1. the CDE promote a business environment conducive to private sector development and support the implementation of private sector development strategies in the ACP countries by providing non-financial services, including consulting services, companies and firms of ACP States and joint initiatives of economic operators of the Community and the ACP States. In this regard, it should duly take into account the needs arising from the implementation of EPAs. 2. The CDE shall aim to assist private ACP enterprises to become more competitive in all economic sectors. It aims in particular to: a) facilitate and promote business partnerships between companies
ACP and the EU; b) to contribute to the development of business support services
supporting capacity building in private sector
organizations or support for technical assistance service providers, professional, business, for management or in training;
C) to provide support for investment promotion, including through
investment promotion organizations, organization of investment conferences, training programs, workshops strategy and monitoring missions to promote investment;
D) support initiatives that contribute to fostering innovation and the transfer
technology and know-how and promotion of best practices in all areas of business management;
E) to inform the private sector of the ACP States of the provisions in the
this Agreement; and f) provide information to European companies and private sector organizations
regarding the possibilities and conditions for enterprises in ACP States. 3
. The CDE also contributes to the improvement of business environment at national and regional levels in order to encourage companies to take advantage of the progress of regional integration processes and trade opening. CDE activities may include:
a) to help companies respond to new or existing standards of quality
or of any type whatsoever, introduced by progress in regional integration and development implement economic partnership agreements;
B) to broadcast within the local private sector in ACP States, the
information on the quality of the required products and standards in foreign markets;
C) promoting regional and national reforms
business environment, including by facilitating the dialogue between private sector and public institutions; and
d) to strengthen the role and function of National
intermediate service providers and / or regional.
4. CDE activities are based on the concept of coordination, complementarity and added value in respect of any private sector development initiatives taken by public or private entities. In particular, its activities are consistent with national and regional development strategies as defined in Part 3 of this Agreement. The CDE shall exercise selectivity in the choice of its tasks and ensures financial sustainability. It ensures appropriate division of labor between headquarters and regional offices. 5. The activities of the CDE are subject to periodic evaluation. 6. The Committee of Ambassadors is the supervisory authority of the Centre. After the signing of this Agreement, the Committee:
a) establish the statutes of the Centre;

B) appoint the members of the Board; c) appoint the management of the Centre on a proposal of the Board of Directors
; and d) monitor the implementation of the overall strategy of the Centre and supervise the work
board.
7. According to the statutes of the Centre, the Board of Directors:
a) establish the financial regulations, the regime applicable to staff and operating rules of the center;
B) oversees the activities of the Centre; c) adopt the program and budget of the Centre; d) submit reports and periodic evaluations to the supervisory authority; and e) perform any other tasks assigned to it by the statutes of the Centre.
8. The Centre's budget is financed according to the rules provided for in this agreement on cooperation for development financing ";
c) Article 3 is replaced by the following:
". Article 3: CTA
1. The Centre's mission is to strengthen the policy and institutional capacity development and agricultural and rural development information management and communication capabilities of organizations in the ACP to assist them in formulating and implementing policies and programs to reduce poverty, promote sustainable food security, and conserve natural resources, and thus contribute to increase the autonomy of the ACP States in the field of rural and agricultural development. 2. The CTA shall: a) develop and provide information services and ensure better access to the
research, training and innovations in the areas of development and agricultural and rural extension to promote agriculture and rural development;
B) develop and strengthen the capacity of ACP so:
i) better formulate and manage policies and agricultural and rural development strategies at national and regional levels including improved data collection capabilities, policy research, analysis and formulation;
Ii) improve the management of information and communications
particular within the National Agricultural Strategy; iii) promote information management and communications
effective intra-institutional to monitor measures and
as consortia with regional and international partners;
Iv) promote decentralized management
information and communication at local and national levels; v) strengthen initiatives via regional cooperation; and vi) develop the impact assessment methods
restraint policy on agricultural development. 3
. The Centre supports the regional initiatives and networks and shall progressively share capacity development programs with appropriate ACP organizations. To this end, the Centre supports existing decentralized information networks at the regional level. These will be implemented gradually and effectively. 4. The activities of the CTA are subject to periodic evaluation. 5. The Committee of Ambassadors is the supervisory authority of the Centre. After the signing of this Agreement, the Committee: a) establish the statutes of the Centre; b) appoint the members of the Board; c) appoint the management of the Centre on a proposal of the Board of Directors
; and d) monitor the implementation of the overall strategy of the Centre and supervise the work
board. 6. In accordance with the statutes of the Centre, the Board of Directors: a) establish the financial regulations, the rules applicable to staff and rules
operation of the center; b) oversees the activities of the Centre; c) adopt the program and budget of the Centre; d) submit reports and periodic evaluations to the supervisory authority; and e) perform any other tasks assigned to it by the statutes of the Centre.
7. The Centre's budget is financed according to the rules provided for in this agreement on cooperation for development financing. ".
3. Annex IV, as amended by Decision No 3/2008 of Ministers ACP-EC
of 15 December 20082, is amended as follows:
a) Articles 1, 2 and 3 are replaced by the following: 2
EU OJ L 352, 31.12.2008, p . 59.


"Article 1

The actions financed by grants within the framework of this Agreement shall be programmed at the beginning of the period covered by the multiannual financial framework of cooperation. Programming will be based on the principles of ownership, alignment, coordination and harmonization between donors, development in terms of results-based management and mutual accountability. For this purpose, the term "programming":
a) preparation and development of the strategy papers (SP) by country, regional or intra-ACP
based on their own goals and means development strategies term, and taking into account principles of joint programming and division of labor among donors, which must be, wherever possible, a partner country or regional process;
B) a clear indication from the Community of the indicative programmable financial allocation
whose country, region or intra-ACP cooperation may benefit during the period covered by the multiannual financial framework of cooperation under this agreement and any other useful information, including a possible reserve for unforeseen needs;
C) the preparation and adoption of an indicative program for implementing the
strategy paper, taking into account commitments of other donors and in particular those of the Member States of the EU;
and d) a review process covering the SP, the indicative program and the
volume of resources allocated to it.
Article 2: Country Strategy Document The Country Strategy Paper (CSP) is prepared by the ACP State concerned and the EU. It is based on preliminary consultations with a wide range of actors, including non-State actors, local authorities and, where appropriate, the parliaments of the ACP States, as well as experiences and best practices. Each CSP shall be adapted to the needs and respond to the specific situation of the ACP State concerned. The DSP is an instrument that should define priority actions and to build local ownership of cooperation programs. Any divergence between the analysis of the country and that of the Community is noted. The DSP includes the following standard elements:
a) an analysis of the political, economic, social, and environmental
countries, constraints, capacities and prospects including an assessment of basic needs on the basis of per capita income, the size of the population and social indicators, and vulnerability;
B) a detailed description of the medium-term development strategy of the country
clearly defined priorities and expected financing requirements; c) a description of the plans and actions of other donors present in the country
including those of EU Member States in their capacity as bilateral donors;

D) response strategies, detailing the specific contribution the EU can bring, and to the extent possible complementarity with operations financed by the ACP State itself and by other donors present in the country; and
e) an indication of the most appropriate support mechanisms and
implementing the above strategies.
Article 3: Resource allocation
1. The indicative resource allocation among ACP countries is based on criteria of need and performance standard, objective and transparent. In this context:
a) needs shall be assessed on the basis of criteria regarding income by
capita, population size, social indicators and level of indebtedness and vulnerability to exogenous shocks. Special treatment is given to ACP least developed and the vulnerability of landlocked and island ACP countries is given due consideration. In addition, account is taken of the particular difficulties of countries in conflict and natural disasters;
B) performance shall be assessed in an objective and transparent manner on the basis
criteria for governance, progress in implementing institutional reforms, country performance in the use resources, the effective implementation of ongoing operations, the alleviation or reduction of poverty, progress towards achieving the Millennium development Goals, sustainable development measures and performance in macroeconomic policy sector.
2. The allocated resources shall comprise:
a) a programmable allocation to cover macroeconomic support,

Sectoral policies, support programs and projects in the areas of concentration or not of Community aid. The programmable allocation shall facilitate the long-term programming of Community aid for the country concerned. This envelope and other potential resources of the community are the basis for the preparation of the indicative program of the country concerned;
and b) an allocation to cover unforeseen needs such as those referred
Articles 66 and 68 and Articles 72, 72 and 73 of this Agreement and accessible to the conditions provided by these Articles, where such support can not be financed from the EU budget. 3
. A device will be set up on the basis of the provision for unforeseen needs for those countries that, due to exceptional circumstances, can not access normal programmable resources. 4. Without prejudice to Article 5, paragraph 7, of this Annex concerning reviews, the Community may increase the programmable envelope of the country concerned or its allocation for unforeseen needs, taking into account new needs or performance exceptional:

A) new needs are needs which may result from exceptional circumstances such as crisis and post-crisis or unforeseen needs as referred to in paragraph 2 b);
B) exceptional performance is a situation in which,
outside the mid-term review and in the end, the programmable envelope of a country is totally committed and additional funding for the program NIP can be absorbed on the basis of effective policies against poverty and sound financial management ";
b) in Article 4, paragraphs 1 to 4 are replaced by the following: |. || "1. Upon receipt of the information mentioned above, each ACP State shall prepare and submit to the Community a draft indicative program on the basis of its objectives and development priorities and in accordance with them, as are defined in the CSP. The draft indicative program shows:
a) general budget support and / or a limited number of sectors or areas on which support should
focus; b) the measures and actions best suited to achieving the objectives and targets in the
or sectors or areas of concentration of aid; c) the resources possibly reserved for a limited number of programs and projects falling
outside or sectors or areas of concentration and / or the broad outlines of such activities, as well as an indication of the resources to devote to each of these elements;
D) identification of the types of non-State actors eligible for funding
accordance with criteria set by the Council of Ministers, the resources allocated to them and the type of activities to be supported, which must be non-profit;
E) proposals for a possible participation in programs and
regional projects; and f) a possible reserve for insurance against possible claims
and to cover cost increases and contingencies.
2. The draft indicative program includes, where appropriate, the resources reserved to reinforce human, material and institutional ACP States for the preparation and implementation of national indicative programs, with the possible participation in programs and projects financed by the regional indicative programs, and improvement of cycle management of public investment projects in the ACP States. 3
. The draft indicative program is subject to 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 urges both the Community and the State when adopted. This indicative program joined the DSP and further contains:
a) an indication of specific and clearly identified operations, especially those
can be committed before the next review;
B) an indicative timetable for implementation and review of the indicative program, including commitments and disbursements; and
c) criteria for results-oriented reviews.

4. The Community and the ACP State concerned shall take all measures necessary for the programming process is completed within the shortest possible time and, save in exceptional circumstances, within twelve months of the adoption of the multiannual financial framework of cooperation. In this context, the preparation of the CSP and the indicative program must be part of a continuous process leading to the adoption of a single document ";
c) Article 5 is amended as follows:.
i) paragraph 2 is replaced by the following:
"2. In the exceptional circumstances referred to in Article 3, paragraph 4, an ad hoc review can be carried out at the request of either party to take into account new needs or exceptional performance. "; || | ii) in paragraph 4, the introductory wording is replaced by the following:
"4. The annual operational, mid-term and end of course the indicative program consist of a joint assessment of the implementation of the program and take into account the results of relevant activities of monitoring and evaluation. These reviews are conducted locally and shall be finalized by the NAO and the Commission in consultation with relevant stakeholders, including local authorities and non-state actors and, where appropriate, the parliaments of the ACP States. They include in particular an assessment of: ";
iii) paragraphs 5, 6 and 7 are replaced by the following:
" 5. The Commission shall submit annually to the Cooperation Committee for Financing for Development a summary report on the findings of the annual operational review. The committee shall examine the report in the framework of its powers and its functions under this Agreement.
6. Based on the annual operational reviews, the National Authorising Officer and the Commission may, on the occasion of the mid-term and end of course, review and adapt the CSP:
a) where operational reviews indicate
of specific problems; and / or
b) on the basis of developments in an ACP State.
A modification of the DSP may also be decided as part of the ad hoc review provided for in paragraph 2. The final review may also include adaptation for the new multi-annual financial framework of cooperation, in terms of both resource allocation the preparation of the next program. 7. After completing the review at mid-term and end of term, the Commission, on behalf of the Community, may increase or reduce
resource allocation in light of current needs and performance of the State concerned. Following an ad hoc review under paragraph 2, the Commission, on behalf of the Community, may also increase the staffing of a given country of new needs or exceptional performance of the ACP State concerned, as provided in Article 3, paragraph 4. ";
d) Article 6 is amended as follows:
i) the title is replaced by the following:
" Domain ";
ii) the following paragraphs are inserted:
"3. The financing of regional programs shall be submitted by:
a) an organization or a duly mandated regional body; or b) an organization or sub-regional body or duly mandated
ACP State in the region concerned at the programming stage, provided that the operation has been identified in the Regional Indicative Programme (RIP).
4. The participation of other non-ACP developing countries is only considered when:
a) the center of gravity of the projects and programs funded by the
multiannual financial framework for cooperation is in an ACP country;
B) equivalent provisions exist in the Community financial instruments;
and c) the principle of proportionality is respected ";
e) Articles 7, 8 and 9 are replaced by the following.:

". Article 7: Regional Programmes The definition of geographical regions will be decided by the ACP States concerned Wherever possible, regional integration programs should correspond to programs of a regional organization, in principle, in the event. multiple or overlapping membership, the region for the purposes of the definition of the regional integration program should correspond to the combined membership of these regional organizations Article 8:. regional programming 1. programming shall take place in each region. programming to an exchange of views between the Commission and the organization or relevant regional organizations duly mandated or, in the absence of such a mandate, the national Authorising officers of the region. in some cases, programming can include a consultation with non-state actors represented at regional level and, where appropriate, regional parliaments.
2. the regional strategy paper (RSP) shall be prepared by the Commission and the organization or regional organizations duly mandated in collaboration with the ACP States of the region concerned, on the basis of the principle of subsidiarity and complementarity, taking into account the programming of DSP. 3. The RSP is an instrument that should enable prioritize certain actions and to enhance ownership of programs receiving support. The DSR include the following standard elements:
a) an analysis of the political, economic, social and environmental
of the region; b) an assessment of the process and prospects of regional economic integration
and integration into the world economy; c) an outline of strategies and continuing regional priorities and
funding requirements; d) an outline of relevant activities of other external partners
regional cooperation; e) a description of the specific EU contribution to the achievement of
objectives of regional integration, completing the extent possible operations financed by the ACP States themselves and by other partners external, including EU Member States;
and f) an indication of the most appropriate support mechanisms and
implementing the above strategies. Article 9 Resource allocation 1. The indicative resource allocation among ACP regions shall be based on the estimates of standard requirements, objective and transparent and the progress and prospects of the cooperation and regional integration. 2. The allocated resources shall comprise two elements:
a) a programmable allocation to cover support to regional integration,
sectoral policies, programs and projects in support of the areas of concentration or not the Community aid;
and b) an allocation for each ACP region to cover unforeseen needs such as those
referred to in Articles 72, 72 and 73 of this Agreement, for which, given their nature and / or extent border, support can more effectively be provided at regional level. These funds are available in accordance with Articles 72, 72 and 73 of this Agreement where such support can not be financed from the EU budget. Complementarity between interventions provided for under this allocation and possible interventions at country level is assured. 3
. The programmable allocation shall facilitate the long-term programming of Community aid for the region. In order to achieve an adequate scale and to strengthen the efficiency, regional and national funds may be mixed for financing regional operations with a distinct national component.
A regional allocation for unforeseen needs may be constituted for the benefit of the region concerned and of ACP countries outside the region where the nature of contingencies requires service and when the center of gravity of the proposed projects and programs is in the region concerned. 4. Without prejudice to Article 11 concerning reviews, the Community may increase the programmable allocation or its allocation for unforeseen needs of the region in order to take account of new needs or exceptional performance: a) new needs are needs which may result from
exceptional circumstances such as crisis and post-crisis or unforeseen needs referred to in paragraph 2 b);
B) exceptional performance is a situation in which,

Outside the mid-term review and in the end, the programmable allocation of an area is totally committed and additional funding from the regional indicative program can be absorbed on the basis of effective regional integration policies and . sound financial management ";
f) in Article 10, paragraph 2 is replaced by the following:
" 2. The Regional Indicative Programmes shall be adopted by mutual agreement by the Community and or regional organizations duly mandated or, in the absence of a mandate, the ACP States concerned. ";
G) in Article 11, the existing paragraph is numbered and the following paragraph is inserted:
"2. In the exceptional circumstances referred to in Article 9, paragraph 4, to take into account new needs or exceptional performance, the review can be carried out at the request of either party. Following an ad hoc review, a change in the RSP may be decided by both parties and / or the resource allocation increased by the Commission on behalf of the Community. The final review may also include adaptation for the new multiannual financial framework of cooperation in regard to both the allocation of resources that the preparation of the next program. ";
H) Article 12 is replaced by the text next:
"Article 12 intra-ACP cooperation
1. The intra-ACP cooperation contributes, as an instrument of development, the objectives of the ACP-EC Partnership. The intra-ACP cooperation is a supra-regional cooperation. It aims to address the shared challenges facing ACP States through operations that transcend geographic location and benefit many ACP States or all of them. 2. In accordance with the principles of subsidiarity and complementarity, an intra-ACP intervention considered when the action at national and / or regional level is not possible or less efficient, in order to provide added value to operations implemented with other cooperation instruments. 3. When the ACP Group decides to contribute to the intra-ACP fund to international or inter-regional initiatives, the visibility of this contribution should be ensured ";
i) the following Articles are inserted:
". Article 12 a: intra-ACP strategy paper
1. The programming of the Intra-ACP cooperation is the result of an exchange of views between the Commission and the ACP Committee of Ambassadors. It is jointly prepared by the Commission services and the ACP Secretariat, in consultation with relevant actors and stakeholders. 2. The Intra-ACP strategy paper defines the priority actions of the Intra-ACP cooperation and actions necessary to build ownership of supported programs. It includes the following:
a) an analysis of the political, economic, social and environmental
of the ACP Group of States; b) an analysis of the intra-ACP cooperation as regards its contribution to
achieving the objectives of this Agreement and lessons learned;
C) a description of the intra-ACP strategy and objectives pursued and the expected financing requirements
;
D) a description of the relevant other external partners in the cooperation; and
e) an indication of the EU contribution to the achievement of the
intra-ACP cooperation and its complementarity to operations financed at the national and regional levels and by other external partners, particularly the EU Member States.
Article 12 b: Funding applications programs for Applications intra-ACP are presented: a) directly by the ACP Council of Ministers or the ACP ambassadors
Committee; or b) indirectly by:
i) at least three duly mandated regional organizations or agencies
belonging to different geographic regions, or at least two ACP States from each of the three regions;
Ii) international organizations, such as the African Union, carrying
actions that contribute to the objectives of cooperation and regional integration, subject to prior approval by the ACP Committee of Ambassadors;
or iii) the Caribbean or Pacific regions, in view of their special geographical position
, subject to prior approval by the ACP or the ACP Committee of Ambassadors.
Article 12 c: Resource Allocation

The indicative resource allocation is based on an estimate of needs and the progress and prospects of the intra-ACP cooperation. It shall comprise a reserve of non-programmed funds ";
j) Articles 13 and 14 are replaced by the following:
." Article 13 Intra-ACP indicative program 1. The Intra-ACP indicative program comprises the following main standard elements:
a) focal sectors and themes of Community aid; b) the most appropriate measures and actions to achieve the objectives
for sectors and themes; and c) the programs and projects necessary to achieve the objectives identified,
insofar as they have been clearly identified, and an indication of the resources to be allocated to each of them and an implementation timetable.
2. The Commission and the ACP Secretariat shall identify and appraise the corresponding actions. On this basis, the ACP indicative program is prepared jointly by the Commission services and the ACP Secretariat and presented to the ACP-EC Committee of Ambassadors. If adopted by the Commission on behalf of the Community and by the ACP Committee of Ambassadors. 3. Without prejudice to Article 12 b, iii), the ACP Committee of Ambassadors present each year a consolidated list of priority actions funding requests contained in the intra-ACP indicative program. The Commission shall identify and prepare the corresponding actions with the ACP Secretariat as well as an annual action program. Wherever possible and taking into account the allocated resources, the actions of funding applications not provided for in the intra-ACP indicative program are included in the annual action program. In exceptional cases, these requests are adopted through a special financing decision of the Commission.
Article 14 Review process 1. Intra-ACP cooperation should be sufficiently flexible and reactive to ensure consistency of its actions with the objectives of this agreement and to take into account any changes in the priorities and objectives of the group ACP States. 2. The ACP Committee of Ambassadors and the Commission shall be reviewed at mid-term and a review of end of term of the cooperation strategy and the intra-ACP indicative program to adapt to circumstances and to ensure their implementation proper implementation. If circumstances require, ad hoc reviews may also be conducted to take account of new needs resulting from exceptional or unforeseen circumstances such as those arising from new challenges common to ACP countries. 3. The ACP Committee of Ambassadors and the Commission may, on the occasion of the mid-term or end of term, or after an ad hoc review, review and adapt the strategy document of cooperation intra- -ACP. 4. Following of the mid-term and end of term, or ad hoc reviews, the ACP Committee of Ambassadors and the Commission may adjust
allocations within the intra-ACP indicative program and mobilize . unscheduled intra-ACP reserve ";
k) Article 15 is amended as follows:
i) paragraph 1 is replaced by the following:
" 1. The programs and projects that have been presented by the ACP State concerned or the relevant organization or body at regional or intra-ACP are the subject of a joint assessment. The guiding principles and general criteria to be followed in program and project instruction are developed by the Cooperation Committee for the financing of ACP-EC development. These programs and projects are generally multiannual and may include small-scale operations of sets in a particular area ";
ii) paragraph 3 is replaced by the following:
". 3. The instruction programs and projects shall take due account of the constraints on national human resources and ensure a strategy favorable to the promotion of such resources. It also takes into account the specific characteristics and constraints of each ACP State or region. ";
Iii) in paragraph 4, the words" National Authorising Officer "are replaced by the words
" relevant Authorising Officer " ;
l) throughout the wording of Article 16, the words "the ACP State concerned" are replaced by "the ACP State concerned or the relevant organization or body at regional or intra -ACP ";
m) Article 17 is replaced by the following:
" Article 17 financing agreement

1. In principle, programs and projects financed by the multiannual financial framework for cooperation lead to the establishment of a financing agreement between the Commission and the ACP State or the relevant organization or body at regional or intra-ACP. 2. The financing agreement is established within sixty days of the communication of the financing decision taken by the Commission. The financing agreement:
a) specifies in particular the financial contribution of the Community,
and conditions of financing, and general and specific provisions relating to the program or project concerned, including expected outcomes and results ; and
b) adequate provision for appropriations to cover cost increases,
contingencies, audits and evaluations. 3
. Any unexpended balance at the closing of programs and projects during the commitment period of the multiannual financial framework of cooperation from which the programs and projects have been financed up to the ACP State or the relevant organization or body at regional or intra-ACP. ";

n) throughout the wording of Article 18, the words" National Authorising officer "are replaced by" relevant Authorising officer "; || | o) Article 19 is amended as follows:
i) in paragraph 1, the words "the ACP States" are replaced by "the ACP States or the relevant organization or body at regional or intra- ACP ";
ii) in paragraph 3, the words" the ACP State "are replaced by" a
ACP State or relevant organization or body at regional or intra-ACP level ";
p) in Article 19a, paragraph 1 is amended as follows:
i) the introductory wording is replaced by the following:
"1. The implementation of programs and projects financed by the multiannual financial framework of cooperation under this Agreement shall consist chiefly of the following ways: ";
ii) point d) is replaced by the following:
"d) direct payments in the context of budgetary support, support for sectoral programs
a debt relief and support to mitigate the adverse effects resulting from short-term exogenous shocks including fluctuations export earnings. ";
q) in Article 19b the words" the ACP States "are replaced by" the ACP States
or the relevant organization or body at regional or intra-ACP ";
r) Articles 19c and 20 are replaced by the following:
" Article 19 c: awarding contracts, awarding grants and performing contracts 1. subject to section 26, contracts and grants are awarded and granted according to Community rules and, except in specific cases provided for by these rules, according to standard procedures and documentation set and published by the Commission for the implementation of cooperation projects with countries third and in effect at the time the procedure in question is launched. 2. In decentralized management, where a joint assessment shows that the contracting procedures and grants in the ACP State or the recipient region or the procedures approved by donors are consistent with the principles of transparency , proportionality, equal treatment and non-discrimination and exclude any conflict of interest, the Commission shall use these procedures, in accordance with the Paris Declaration and without prejudice to Article 26, in compliance with the rules the exercise of its powers in this area. 3. The ACP State or the relevant organization or body at regional or intra-ACP undertakes to check regularly that the operations financed by the multiannual financial framework of cooperation under this Agreement have been properly implemented, to take the measures to prevent irregularities and fraud and to prosecute, where appropriate, to recover unduly paid funds.

4. In decentralized management, contracts are negotiated, established, signed and performed by the ACP States or the relevant organization or body at regional or intra-ACP. These States or the relevant organization or body at regional or intra-ACP may nevertheless ask the Commission to negotiate, establish, sign and perform contracts on their behalf. 5. Pursuant to the commitment referred to in Article 50 of this Agreement, contracts and grants financed by the multi-annual financial framework of cooperation with the ACP States are performed in accordance with fundamental norms internationally recognized in the field of law job. 6. An expert group comprising representatives of the Secretariat of the ACP Group of States and the Commission is set up to identify, at the request of either of the parties, any appropriate alterations and to suggest amendments and improvements to the rules and procedures referred to in paragraphs 1 and 2. in addition, this group of experts shall submit a periodic report to the ACP-EU cooperation Committee on financing for development to assist it in its task of examining problems relating to the implementation of development cooperation activities and propose appropriate measures. Article 20: Eligibility Save where a derogation is granted under Article 22 and without prejudice to the provisions of Article 26: 1. Participation in the contract award procedures or grant-funded MFF cooperation under this agreement shall be open:
a) to any natural or legal person established in an ACP State, a
member State of the European Community or an official candidate country of the European Community or a member State the European economic Area;
B) to any natural or legal person established in one of the least developed countries
as defined by the United Nations.
1a. Participation in contractual procedures or grant-funded multiannual financial framework of cooperation under this Agreement shall be open to all natural or legal persons or established in a country other than those referred to in paragraph 1 where reciprocal access to external assistance has been established. Reciprocal access in the least developed countries, as defined by the United Nations shall be automatically granted to members of the OECD / DAC. Reciprocal access shall be established by a specific Commission decision concerning a given country or a given regional group of countries. The decision is adopted by the Commission in agreement with the ACP States and remain in force at least a year. 2. Services under a contract financed by the multiannual financial framework of cooperation under this Agreement may be provided by experts of any nationality, without prejudice to the qualitative and financial conditions in the Community rules on the award procurement.

3
. Supplies and materials purchased under a contract financed by the resources of the multiannual financial framework of cooperation under this Agreement must originate in an eligible country as defined in paragraphs 1 or 1a. In this context, the definition of the concept of "originating products" is assessed by reference to international agreements in this area and it should also be considered as originating in the Community of products originating in countries, territories and overseas departments -sea. 4. Participation in procedures for procurement and procedures for granting subsidies from the resources of the multiannual financial framework of cooperation under this Agreement shall be open to international organizations. 5. whenever the Fund finances an operation implemented through an international organization, participation in procurement procedures and the procedures for awarding grants is open to all natural and legal persons who are eligible under paragraphs 1 or 1a, and to all natural and legal persons who are eligible under the rules of the organization, working to ensure all donors equal treatment. The same rules apply for supplies and materials. 6. When the Fund finances an operation implemented as part of a regional initiative, participation in procurement procedures and the procedures for awarding grants is open to all natural and legal persons who are eligible under the paragraphs 1 or 1a, and to all natural and legal persons of a State participating in the relevant initiative. The same rules apply for supplies and materials. 7. When funding an operation co with a third State, participation in procurement procedures and the procedures for awarding grants is open to all natural and legal persons eligible under paragraphs 1 or 1a, and that to all natural and legal persons eligible under the rules of that third State. The same rules apply for supplies and materials ";
s) Article 21 is supprimé3;
t) in Article 22, paragraph 1 is replaced by the following:.
"1. In duly justified cases, natural or legal persons from third countries not eligible under Article 20 may be authorized to participate in procurement procedures and grant award procedure financed by the multiannual financial framework for cooperation under this agreement at the justified request of the ACP State or the relevant organization or body at regional or intra-ACP. The ACP State or the relevant organization or body at regional or intra-ACP provides the Commission, in each case, the information needed to decide on such derogation, with particular attention:
a) to geographical location of the ACP State or region concerned; b) the competitiveness of contractors, suppliers and consultants
Member States and ACP States;
3 Article 21 was deleted by Decision No 3/2008 of the ACP-EC Ministers.


C) the need to avoid excessive increases in the cost of contract performance;
D) transport difficulties or delays due to delivery times or
other similar problems; e) the most appropriate technology and best suited to local conditions; f) cases of extreme urgency; g) the availability of products and services in the relevant markets. ";
u) Articles 23 and 25 are supprimés4;
v) in Article 26, paragraph 1, the introductory wording is replaced by the following:
"1. Measures to promote participation widest possible physical and legal persons of ACP States in the performance of contracts financed by the multiannual financial framework of cooperation under this Agreement shall be taken to enable the optimal use of natural resources and human these States. To this end: ";
w) Articles 27, 28 and 29 are supprimés5 x) in Article 30, the introductory wording is replaced by the following:
" The settlement of disputes between authorities an ACP State or the relevant organization or body at regional or intra-ACP and a contractor, supplier or service provider for the execution of a contract financed by the multi-annual financial framework of cooperation under this agreement shall: ";

Y) Articles 33 and 34 are replaced by the following:
"Article 33. Terms
1 Without prejudice to the assessments made by the ACP States or the relevant organization or body at regional or intra-ACP or the Commission, this work is carried out jointly by the (s) Condition (s) ACP or the relevant organization or body at regional or intra-ACP and the Community. the ACP-EU cooperation Committee on financing for development ensure the joint character of monitoring and evaluation operations. in order to facilitate the work of the ACP-EU cooperation Committee on financing for development, the Commission and the ACP General Secretariat shall prepare and implement actions and joint monitoring and evaluation report to the Committee. the Committee shall, at its first meeting following the signing of the agreement, operation of the arrangements to ensure the joint character of actions and approve annually the program job.
2. Monitoring and evaluation activities include:
4 Articles 23 and 25 were deleted by Decision No 3/2008 of the ACP-EC Ministers
. 5 Articles 27, 28 and 29 were deleted by Decision No 3/2008 of the ACP-EC Ministers
.


A) provide regular and independent monitoring and evaluation
operations and activities funded by the multiannual financial framework of cooperation under this agreement by comparing results with objectives and hence | || b) enable the ACP States or the relevant organization or body at
regional or intra-ACP, the Commission and the joint institutions, to draw on the lessons learned to design and implement policies and future actions.
Article 34: The Commission 1. The Commission shall undertake the financial execution of operations carried on the multi-annual financial framework of cooperation under this Agreement, excluding the Investment Facility and bonuses of interest, using the following main methods of management:
a) centralized management; b) decentralized management.
2. In general, the financial implementation of the resources of the multiannual financial framework of cooperation under this agreement by the Commission shall be decentralized.
In this case, implementation tasks are supported by the ACP States in accordance with Article 35. 3. To ensure the financial implementation of the resources of the multiannual financial framework of cooperation under this Agreement, Commission delegates its executive powers within its services. The Commission shall inform the ACP States and the Cooperation Committee for the financing of ACP-EC development of this delegation ";
z) Article 35 is amended as follows:.
I) in paragraph 1, the wording introductory be replaced by the following:
"1. The Government of each ACP State shall appoint a National Authorising Officer to represent it in all operations financed from the resources of the multiannual financial framework of cooperation under this Agreement managed by the Commission and the Bank. The National Authorising Officer shall appoint one or more deputy National Authorising Officers to replace him in case he is unable to perform this function and inform the Commission of this appointment. The National Authorising Officer may whenever the conditions regarding institutional capacity and sound financial management are met a delegation of its implementing powers of the programs and projects concerned to the body responsible within the national administration . He informed the delegations of the Commission which it proceeds.
In the case of regional programs and projects, the relevant organization or body shall designate a Regional Authorising Officer whose duties correspond mutatis mutandis with those of the National Authorising Officer.

In the case of intra-ACP programs and projects, the ACP Committee of Ambassadors shall designate an Intra-ACP Authorising Officer, whose duties correspond mutatis mutandis with those of the National Authorising Officer. If the ACP Secretariat is not the Authorising Officer, the Committee of Ambassadors shall be informed, in accordance with the financing agreement, the implementation of programs and projects. When the Commission becomes aware of problems in carrying out procedures relating to management of resources of the multiannual financial framework of cooperation under this Agreement, it takes with the National Authorising Officer, make all contacts necessary to remedy the situation and take if necessary, appropriate measures. The relevant Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to it.
As part of the decentralized management of resources of the multiannual financial framework of cooperation under this Agreement and subject to any additional powers that might be granted by the Commission, the relevant Authorising Officer ";
ii) paragraph 2 the words "National Authorising officer" are replaced by
"relevant Authorising officer"; za) Article 37 is amended as follows:
i) in paragraph 2, the words "States ACP "are replaced by
" the ACP States or the relevant organization or body at regional or intra-ACP level ";
ii) in paragraph 4, the words" National Authorising officer "are replaced by
words "relevant Authorising officer"; iii) in paragraph 6, the words "National Authorising officer" are replaced by
"relevant Authorising officer"; iv) in paragraph 7, the words " the State or ACP States concerned "are replaced
by the words" the ACP State concerned or the relevant organization or body at regional or intra-ACP ".
4. Annex V, including its protocols, is deleted. 5. In Annex VII, Article 3, paragraph 4 is replaced by the following:.
"4 The parties acknowledge the role of the ACP Group in political dialogue based on modalities to be defined by that group and communicate to the European Community and its Member States. the ACP Secretariat and the European Commission shall exchange all required information on the process of political dialogue carried out before, during and after consultations undertaken under Articles 96 and 97 of this agreement . ".
D. PROTOCOLS Protocol 3 on South Africa, as amended by Decision No 4/2007 of the ACP-EC Ministers of 20 December 20076, is amended as follows:
6 EU OJ L 25, 30.1.2008, p. 11.
1. In Article 1, paragraph 2, the words "signed in Pretoria on 11 October 1999" shall be replaced
by the words "as amended by the Agreement signed on 11 September 2009.". 2. Article 4 is amended as follows:
a) paragraph 2 is replaced by the following:.
"2 By derogation from this principle, South Africa does have the right to participate in cooperation for the financing of ACP-EC development referred to in Article 8 of this Protocol, based on the principles of reciprocity and proportionality, understanding that participation is financed from the resources provided for in title VII of the TDCA . When ACDC's resources are deployed for participation in operations in the framework of financial cooperation ACP-EC, South Africa has the right to participate fully in the proceedings of the decision-making governing the implementation of this aid. ";
B) the following paragraph is inserted:.
"4 For the purpose of the investment financing provided for in Annex II, Section 1, of this Agreement, investment funds and established financial and non-financial intermediaries South Africa are eligible. ". 3
. In Article 5, paragraph 3 is replaced by the following:
"3 This Protocol shall not prevent South Africa from negotiating and signing one of the Economic Partnership Agreements (EPAs). provided for in part 3, title II of this agreement if the other parties to that EPA so agree. ".
IN WITNESS WHEREOF, the undersigned plenipotentiaries have affixed their signatures to this Agreement.

FINAL ACT The plenipotentiaries of MAJESTY THE KING OF THE BELGIANS,
THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
THE PRESIDENT OF THE CZECH REPUBLIC,
HER MAJESTY THE QUEEN OF DENMARK, THE
PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE
PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND, THE PRESIDENT OF
THE HELLENIC REPUBLIC,
HIS MAJESTY THE KING OF SPAIN,

THE PRESIDENT OF THE FRENCH REPUBLIC,



THE PRESIDENT OF THE ITALIAN REPUBLIC, THE
PRESIDENT OF THE REPUBLIC OF CYPRUS, THE
PRESIDENT OF THE REPUBLIC OF LATVIA,
PRESIDENT OF THE REPUBLIC OF LITHUANIA, HIS HIGHNESS
ROYAL GRAND DUKE OF LUXEMBOURG,
THE PRESIDENT OF THE REPUBLIC OF HUNGARY, THE PRESIDENT OF MALTA
,
HER MAJESTY THE QUEEN OF THE NETHERLANDS,
THE FEDERAL PRESIDENT OF THE REPUBLIC AUSTRIA,
THE PRESIDENT OF THE REPUBLIC OF POLAND, THE PRESIDENT OF
THE PORTUGUESE REPUBLIC, THE PRESIDENT OF
ROMANIA
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA, THE PRESIDENT OF
THE SLOVAK REPUBLIC,
PRESIDENT OF THE REPUBLIC OF FINLAND,
GOVERNMENT OF THE KINGDOM OF SWEDEN,
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, Parties Contracting the Treaty on European Union and the Treaty on the functioning of the European Union, hereinafter referred to as "Member States", and tHE EUROPEAN UNION, hereinafter referred to as "the Union" or "the EU ", on the one hand and Plenipotentiary tHE PRESIDENT oF tHE REPUBLIC oF ANGOLA, HER MAJESTY tHE QUEEN oF ANTIGUA aND BARBUDA,
tHE HEAD oF STATE oF tHE COMMONWEALTH 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,
THE PRESIDENT OF BURKINA FASO, || | THE PRESIDENT OF THE REPUBLIC OF BURUNDI,
THE PRESIDENT OF THE REPUBLIC OF CAMEROON,
THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE,
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC, THE PRESIDENT OF THE
UNION OF COMOROS,
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO,
THE PRESIDENT OF THE REPUBLIC OF CONGO,
GOVERNMENT OF THE COOK ISLANDS,
THE PRESIDENT OF THE REPUBLIC OF CÔTE D'IVOIRE ,
THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI,
THE PRESIDENT OF THE DOMINICAN REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF FIJI,
THE PRESIDENT OF THE GABONESE REPUBLIC, THE PRESIDENT AND
HEAD OF STATE OF THE REPUBLIC OF THE GAMBIA,
THE PRESIDENT OF THE REPUBLIC OF GHANA,
HER MAJESTY THE QUEEN OF GRENADA,
THE PRESIDENT OF THE REPUBLIC OF GUINEA, THE PRESIDENT OF
REPUBLIC OF GUINEA-BISSAU,
THE PRESIDENT OF THE REPUBLIC OF GUYANA COOPERATIVE,
THE PRESIDENT OF THE REPUBLIC OF HAITI,
THE HEAD OF STATE OF JAMAICA, THE PRESIDENT OF
REPUBLIC OF KENYA,
THE PRESIDENT OF THE REPUBLIC OF KIRIBATI,
OF HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,
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,
GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS, THE PRESIDENT OF THE
ISLAMIC REPUBLIC OF MAURITANIA,
THE PRESIDENT OF THE REPUBLIC OF MAURITIUS,
GOVERNMENT FEDERATED STATES OF MICRONESIA,
THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE, THE PRESIDENT OF THE REPUBLIC OF NAMIBIA,
GOVERNMENT OF THE REPUBLIC OF NAURU,
THE PRESIDENT OF THE REPUBLIC OF NIGER,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, THE GOVERNMENT OF NIUE
,
GOVERNMENT OF THE REPUBLIC OF PALAU, HER MAJESTY
QUEEN OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA,
THE PRESIDENT OF THE REPUBLIC OF RWANDA,
HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS,
HER MAJESTY THE QUEEN 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 SAO TOME AND PRINCIPE,
THE 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, THE
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,
THE PRESIDENT OF THE REPUBLIC OF SURINAME,
OF HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND,
THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA, THE
PRESIDENT OF THE REPUBLIC OF CHAD,
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE,
THE PRESIDENT OF THE REPUBLIC OF TOGO,
OF HIS MAJESTY THE KING OF TONGA,
THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO,
HER MAJESTY THE QUEEN OF TUVALU,
THE PRESIDENT OF THE REPUBLIC OF UGANDA,

THE GOVERNMENT OF THE REPUBLIC OF VANUATU,
THE PRESIDENT OF THE REPUBLIC OF ZAMBIA,
THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE, whose States are hereinafter referred to as "ACP States", of
second,
meeting in Ouagadougou on June 22 two thousand and ten for the signature of the agreement amending for the second time the partnership agreement between the members of the African, Caribbean and the Pacific, on the one hand, and the European Community and its Member States, on the other, signed in Cotonou on 23 June 2000 and first amended in Luxembourg on 25 June 2005, at the time of signing this agreement adopted the following declarations attached to this final act: Declaration I: Declaration on support for market access in the context of
ACP-EC partnership; Declaration II: Joint Declaration on Migration and Development (Article 13); Statement III: Statement of the European Union on the institutional changes
resulting from the entry into force of the Lisbon Treaty; further agreed that the following existing declarations, due to the deletion of Annex V, have become obsolete: Declaration XXII: Joint Declaration concerning agricultural products referred to in Article 1
paragraph 2 a) of Annex V);
Declaration XXIII: Joint Declaration on market access in the ACP-EC Partnership;
Declaration XXIV: Joint Declaration on rice; Declaration XXV Joint Declaration on rum; XXVI Declaration: Joint Declaration on beef; XXVII Declaration: Joint Declaration on the arrangements governing access to markets
French departments overseas products originating in ACP States referred to in Article 1, paragraph 2 of Annex V;
Declaration XXIX: Joint Declaration on products covered by the common agricultural policy
; Declaration XXX: ACP Declaration on Article 1 of Annex V; XXXI statement: Declaration by the Community relating to Article 5, paragraph 2
a) of Annex V; XXXII Declaration: Joint Declaration on non-discrimination; XXXIII statement: Community Declaration on Article 8, paragraph 3 of Annex V
; XXXIV Declaration: Joint Declaration on Article 12 of Annex V; XXXV Declaration: Joint Declaration relating to Protocol 1 of Annex V; XXXVI Declaration: Joint Declaration relating to Protocol 1 of Annex V; XXXVII Declaration: Joint Declaration relating to Protocol 1 of Annex V
on the origin of fishery products; XXXVIII statement: Declaration of the Community relating to Protocol 1 of Annex V
on the extent of territorial waters; Declaration XXXIX: ACP Declaration relating to Protocol 1 of Annex V
on the origin of fishery products; XL Declaration: Joint Declaration on the application of the rule on tolerance
value in the tuna sector; XLI Declaration: Joint Declaration on Article 6 paragraph 11 of
Protocol 1 of Annex V; Declaration XLII: Joint Declaration on rules of origin: cumulation with South Africa
; Declaration XLIII: Joint Declaration on Annex 2 to Protocol 1 of Annex V. IN WITNESS WHEREOF, the undersigned plenipotentiaries have affixed their signatures to this Agreement.

DECLARATION I JOINT DECLARATION OF SUPPORT FOR MARKET ACCESS
UNDER THE ACP-EC PARTNERSHIP

The Parties recognize the significant value of the conditions for preferential market access for ACP economies, especially for sectors of commodities and other sectors of agribusiness, which are fundamental for economic development and social ACP and make a major contribution to employment, export earnings and government revenue. The parties recognize that with the support of the EU, some sectors have been in a process of transformation aimed at allowing ACP exporters concerned to compete in international markets and the EU, particularly through the development of branded products and other value-added products. They also recognize that additional support could be necessary where greater liberalization of trade may lead to deeper alteration of market access conditions for ACP producers. To this end, they agree to examine all necessary measures to maintain the competitive position of ACP States on the EU market. This examination may include rules of origin, sanitary and phytosanitary measures and implementation of specific measures addressing constraints on the supply side in the ACP States. The goal is to enable the ACP States to exploit their existing and potential comparative advantage in the EU market. When assistance programs are developed and resources provided, the Parties agree to conduct periodic evaluations to assess progress and the results attained and decide appropriate additional measures to be implemented. The Joint Ministerial Trade Committee shall monitor the implementation of this Declaration and submit to the Council of Ministers appropriate reports and recommendations.


DECLARATION II JOINT DECLARATION ON MIGRATION AND DEVELOPMENT (ARTICLE 13)

The Parties agree to strengthen and deepen their dialogue and cooperation in the field of migration, building on the following three pillars of a comprehensive and balanced approach to migration. 1. Migration and Development, including issues relating to diasporas, brain drain and remittances. 2. Legal migration including admission, mobility and the mobility of skills and services. 3. Illegal migration, including smuggling and trafficking of human beings and border management and readmission. Without prejudice to the current Article 13, the parties undertake to establish the modalities of this enhanced cooperation in the field of migration.
They agree to work to conduct this dialogue in good time and to report to term progress to the next ACP-EC Council.


STATEMENT III STATEMENT BY THE EUROPEAN UNION ON INSTITUTIONAL CHANGES RESULTING FROM THE ENTRY INTO FORCE OF THE LISBON TREATY
.
Following the entry into force of the Lisbon Treaty on 1 December 2009, the European Union shall replace and succeed the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to the European Community in the text of the Agreement are, where appropriate, as references to the European Union. The European Union will propose to the ACP States an exchange of letters in order to bring the text of the agreement in accordance with the institutional changes resulting from the entry into force of the Lisbon Treaty in the EU.
_______________