Fourth ACP-EEC Convention

Filename: 1989-FourthACP-EEC.EN.txt

FOURTH ACP-EEC CONVENTION

Source: http://eur-lex.europa.eu/Notice.do?val=172163:cs&lang=en&list=172163:cs,...

PART ONE

General provisions of ACP-EEC co-operation

CHAPTER 1

Objectives and principles of co-operation

Article 1

The Community and its Member States, of the one part, and the ACP States, of the other part (hereinafter referred to as the Contracting Parties) , hereby conclude this co-operation Convention in order to promote and expedite the economic, cultural and social development of the ACP States and to consolidate and diversify their relations in a spirit of solidarity and mutual interest.

The Contracting Parties thereby affirm their undertaking to continue, strengthen and render more effective the system of co-operation established under the first, second and third ACP-EEC Conventions and confirm the special character of their relations, based on their reciprocal interest, and the specific nature of their co-operation.

The Contracting Parties hereby express their resolve to intensify their effort to create, with a view to a more just and balanced international economic order, a model for relations between developed and developing states and to work together to affirm in the international context the principles underlying their co-operation.

Article 2

ACP-EEC co-operation, underpinned by a legally binding system and the existence of joint institutions, shall be exercised on the basis of the following fundamental principles:

- equality between partners, respect for their sovereignty, mutual interest and interdependence:

- the right of each State to determine its own political, social, cultural and economic policy options;- security of their relations based on the acquis of their system of co-operation.

Article 3

The ACP States shall determine the development principles, strategies and models for their economies and societies in all sovereignty.

Article 4

Support shall be provided in ACP-EEC co-operation for the ACP States' efforts to achieve comprehensive self-reliant and self- sustained development based on their cultural and social values, their human capacities, their natural resources and their economic potential in order to promote the ACP States' social, cultural and economic progress and the well-being of their populations through the satisfaction of their basic needs, the recognition of the role of women and the enhancement of people's capacities, with respect for their dignity.

Such development shall be based on a sustainable balance between its economic objectives, the rational management of the environment and the enhancement of natural and human resources.

Article 5

1. Co-operation shall be directed towards development centred on man, the main protagonist and beneficiary of development, which thus entails respect for and promotion of all human rights. Co-operation operations shall thus be conceived in accordance with the positive approach, where respect for human rights is recognized as a basic factor of real development and where co-operation is conceived as a contribution to the promotion of these rights.

In this context development policy and co-operation are closely linked with the respect for and enjoyment of fundamental human rights. The role and potential of initiatives taken by individuals and groups shall also be recognized and fostered in order to achieve in practice real participation of the population in the development process in accordance with Article 13.

2. Hence the Parties reiterate their deep attachment to human dignity and human rights, which are legitimate aspirations of individuals and peoples. The rights in question are all human rights, the various categories thereof being indivisible and inter-related, each having its own legitimacy: non-discriminatory treatment; fundamental human rights; civil and political rights; economic, social and cultural rights.

Every individual shall have the right, in his own country or in a host country, to respect for his dignity and protection by the law.

ACP-EEC co-operation shall help abolish the obstacles preventing individuals and peoples from actually enjoying to the full their economic, social and cultural rights and this must be achieved through the development which is essential to their dignity, their well-being and their self-fulfilment. To this end, the Parties shall strive, jointly or each in its own sphere of responsibility, to help eliminate the causes of situations of misery unworthy of the human condition and of deep-rooted economic and social inequalities.

The Contracting Parties hereby reaffirm their existing obligations and commitment in international law to strive to eliminate all forms of discrimination based on ethnic group origin, race, nationality, colour, sex, religion or any other situation. This commitment applies more particularly to any situation in the ACP States or in the Community that may adversely affect the pursuit of the objectives of the Convention, and to the system of apartheid, having regard also to its destabilizing effects on the outside. The Member States (and/or, where appropriate, the Community itself) and the ACP States will continue to ensure, through the legal or administrative measures which they have or will have, adopted, that migrant workers, students and other foreign nationals legally within their territory are not subjected to discrimination on the basis of racial, religious, cultural, or social differences, notably in respect of housing, education health care, other social services and employment.

3. At the request of the ACP States, financial resources may be allocated, in accordance with the rules governing development finance co-operation, to the promotion of human rights in the ACP States through specific schemes, public or private that would be decided, particularly in the legal sphere, in consultation with bodies of internationally recognized competence in the field. Resources may also be given to support the establishment of structures to promote human rights. Priority shall be given to schemes of regional scope.

Article 6

1. With a view to attaining more balanced and self-reliant economic development in the ACP States, special efforts shall be made under this Convention to promote rural development, food security for the people, rational managementof natural resources, and the preservation, revival and strengthening of agricultural production potential in the ACP States.

2. The Contracting Parties recognize that priority must be given to environmental protection and the conservation of natural resources, which are essential conditions for sustainable and balanced development from both the economic and human viewpoints.

Article 7

The Community and the ACP States shall give special importance and high priority to regional co-operation and integration. In this context, the Convention shall offer effective support for the ACP States' efforts to organize themselves into regional groupings and to step up their co-operation at regional and inter-regional level with a view to promoting a new, more just and more balanced economic order.

Article 8

The Contracting Parties acknowledge the need to accord special treatment to the least-developed ACP States and to take account of the specific difficulties confronting the landlocked and island ACP States. They shall pay special attention to improving the living conditions of the poorest sections of the population.

Co-operation shall comprise, inter alia, special treatment when determining the volume of financial resources and the conditions attached thereto in order to enable the least developed ACP States to overcome structural and other obstacles to their development.

For the landlocked and island ACP States, co-operation shall be aimed at devising and encouraging specific operations to deal with development problems caused by their geographical situations.

Article 9

In order to step up the effectiveness of the instruments of this Convention, the Contracting Parties shall adopt, in the framework of their respective responsibilities, guidelines, priorities and measures conducive to attaining the objectives set out in this Convention and agree to pursue, in accordance with the principles set out in Article 2, the dialogue within joint institutions and in the co-ordinated implementation of development finance co-operation and the other co- operation instruments.

Article 10

The Contracting Parties shall, each as far as it is concerned in the framework of this Convention, take all appropriate measures, whether general or particular, to ensure the fulfilment of the obligations arising from this Convention and to facilitate the pursuit of its objectives. They shall refrain from any measures liable to jeopardize the attainment of the objectives of this Convention.

Article 11

Within the scope of their respective responsibilities, the institutions of this Convention shall examine periodically the results of the application thereof, provide any necessary impetus and take any relevant decision or measures for the attainment of its objectives. Any question that might directly hamper the effective attainment of the objectives of this Convention may be raised in the context of the institutions.

Consultations shall take place within the Council of Ministers at the request of either Contracting Party in cases provided for in this Convention or where difficulties arise with the application or interpretation thereof.

Article 12

Where the Community intends, in the exercise of its powers, to take a measure which might affect the interests of the ACP States as far as this Convention's objectives are concerned, it shall inform in good time the said States of its intentions. Towards this end, the Commission shall communicate regularly to the Secretariat of the ACP States any proposals for such measures. Where necessary, a request for information may also take place on the initiative of the ACP States.

At their request, consultations shall be held in good time so that account may be taken of their concerns as to the impact of those measures before any final decision is made.

After such consultations have taken place, the ACP States shall also be provided with adequate information on the entry into force of such decisions, in advance whenever possible.

CHAPTER 2

Objectives and guidelines of the Convention in the main areas of co- operation

Article 13

Co-operation shall be aimed at supporting development in the ACP States, a process centred on man himself and rooted in each people's culture. It shall back up the policies and measures adopted by those States to enhance their human resources, increase their own creative capacities and promote their cultural identities. Co-operation shall also encourage participation by the population in the design and execution of development operations.

Account shall be taken, in the various fields of co-operation, and at all the different stages of the operations executed, of the cultural dimension and social implications of such operations and of the need for both men and women to participate and benefit on equal terms.

Article 14

Co-operation shall entail mutual responsibility for preservation of the natural heritage. In particular, it shall attach special importance to environmental protection and the preservation and restoration of natural equilibria in the ACP States. Co-operation schemes in all areas shall therefore be designed to make the objectives of economic growth compatible with development that respects natural equilibria and brings about lasting results in the service of man.

In the framework of efforts to protect the environment and restore natural balances, co-operation shall help promote specific operations concerning the conservation of natural resources, renewable and non-renewable, the protection of ecosystems and the control of drought, desertification and deforestation; other operations on specific themes shall also be undertaken (notably locust control, the protection and utilization of water resources, the preservation of tropical forests and biological diversity, the promotion of a better balance between urban and rural areas, and the urban environment) .

Article 15

Agricultural co-operation shall be aimed at the pursuit of food self-sufficiency and food security in the ACP. States, developing and organizing their productive systems, improving the living standards and conditions and the life styles of the rural population and achieving the balanced development of rural areas.

Operations in this field shall be designed and executed to support the agricultural and food policies or strategies adopted by the ACP States.

Article 16

Co-operation in the field of mining and energy shall be directed at promoting and expediting, in the mutual interest, diversified economic development, deriving full benefit from the ACP States' human potential and natural resources, and at fostering better integration of these and other sectors and their complementarity with the rest of the economy.

Co-operation shall be aimed at creating and consolidating the cultural, social and economic environment and the infrastructure required to achieve that objective.

Support shall be provided for the ACP States' efforts to devise and implement energy policies suited to their situation, notably the gradual reduction of the dependence of the majority of them on imported petroleum products and the development of new and renewable sources of energy.

Co-operation shall be aimed at encouraging improved exploitation of energy and mining resources by taking account of the energy component in the development of the different economic and social sectors and thus helping to improve living conditions and the environment, leading to the better conservation of biomass resources, particularly fuel-wood.

Article 17

The Community and the ACP States acknowledge that industrialization is a driving force - complementary to agricultural and rural development in promoting the economic transformation of the ACP States in order to achieve self-sustained growth and balanced and diversified development. Industrial development is needed to enhance the productivity of the ACP economies so that they can meet basic human needs and step up the competitive participation of the ACP States in world trade by way of selling more value-added products.

Article 18

Given the extreme dependence of the economies of the vast majority of ACP States on their export of commodities, the Contracting Parties agree to pay particular attention to their co-operation in this sector with a view to supporting ACP States' policies or strategies designed - on the one hand, to foster diversification, both horizontal and vertical, of the ACP economies, in particular through the development of processing, marketing, distribution and transport (PMDT) and, - on the other hand, to improve the competitiveness of the ACP States' commodities on world markets through the reorganization and rationalization of their production, marketing and distribution activities.

Article 19

The aim of co-operation in fisheries shall be to help the ACP States to develop their fishery resources in order to expand production for domestic consumption as part of their efforts to achieve increased food security and increase productionfor export. Such co-operation shall be designed to serve the mutual interests of the Parties, in accordance with their fishery policies.

CHAPTER 3

Widening participation in co-operation activities

Article 20

In accordance with Article s 2, 3 and 13 and in order to encourage all parties from the ACP States and the Community which are in a position to contribute to the autonomous development of the ACP States to put forward and implement initiatives, co-operation shall also support, within limits laid down by the ACP States concerned, development operations put forward by economic, social and cultural organizations in the framework of decentralized co-operation, in particular where they combine the efforts and resources of organizations from the ACP States and their counterparts from the Community. This form of co-operation shall be aimed in particular at making the capabilities, original operating methods and resources of such parties available to the development of the ACP States.

The parties referred to in this Article are decentralized public authorities, rural and village groupings, co-operatives, firms, trade unions, teaching and research centres, nongovernmental development organizations, various associations and all groups and parties which are able and wish to make their own spontaneous and original contribution to the development of ACP States.

Article 21

Co-operation shall encourage and support the initiatives of the ACP parties referred to in Article 20, provided they correspond with the priorities, guidelines and development methods adopted by the ACP States. In this framework, co-operation shall support either the independent activities of ACP parties or the activities of ACP parties which are combined with support from similar parties from the Community which make their capabilities, experience, technological and organizational capacities or financial resources available to them.

Co-operation shall encourage parties from the ACP States and the Community to provide supplementary financial and technical resources for the development effort. Co-operation may provide decentralized co-operation operations with financial and/or technical support drawn from the resources of the Convention under the conditions laid down in Article 22.

This form of co-operation shall be organized in accordance with the role and the prerogatives of the public authorities of the ACP States.

Article 22

Decentralized co-operation operations may be supported through the instruments of development finance co-operation, with the approval of the ACP States concerned, preferably from the programming stage, of the principle of and the conditions for providing support for this form of co-operation. Such support shall be provided to the extent to which it is necessary for the successful implementation of the proposed operations provided the usefulness of the latter has been recognized and in accordance with the provisions for development finance co-operation. Projects under this form of co-operation may be linked, or not, with programmes in the concentration sectors of the indicative programmes with a priority for those linked to the concentration sectors.

CHAPTER 4

Principles governing the instruments of co-operation

Article 23

In order to contribute towards achieving the aims of this Convention, the Contracting Parties shall deploy co-operation instruments that correspond to the principles of solidarity and mutual interest, adapted to the economic, cultural and social situation in the ACP States and in the Community and to developments in their international environment.

These instruments shall be directed mainly, by strengthening the established mechanisms and systems, at:

- increasing trade between the Parties;

- supporting the ACP States' efforts to achieve self-reliant development by stepping up their capacity to innovate and to adapt and transform technology;

- supporting the ACP States' structural adjustment efforts and thus contributing to the attenuation of the debt burden;

- helping the ACP States to gain access to the capital markets and encouraging direct private European investment to contribute towards the development of the ACP States;

- remedying the instability of export earnings from the ACP States' agricultural commodities and helping those countries to cope with serious disruptions affecting their mining industries.

Article 24

In order to promote and diversity trade between the Contracting Parties, the Community and the ACP States are agreed on:

- general trade provisions;

- special arrangements for Community import of certain ACP products;

- arrangements to promote the development of the ACP States' trade and services, including tourism;

- a system of reciprocal information and consultation designed to help apply the trade co-operation provisions of this Convention effectively.

Article 25

The aim of the general trade arrangements, which are based on the Contracting Parties' international obligations, shall be to provide a firm and solid foundation for trade co-operation between the ACP States and the Community.

They shall be based on the principle of free access to the Community market for products originating in the ACP States, with special provisions for agricultural products and a safeguard clause.

In view of the ACP States' present development needs, the arrangements shall not comprise any element of reciprocity for those States as regards free access. They shall also be based on the principle of non-discrimination by the ACP States between the Member States and the according to the Community of treatment no less favourable than the most favoured-nation treatment.

Article 26

The Community shall contribute towards the ACP States' own development efforts by providing adequate financial resources and appropriate technical assistance aimed at stepping up those States' capacities for self-reliant and integrated economic, social and cultural development and also at helping to raise their populations' standard of living and well-being, and promote and mobilize resources in support of sustainable, effective and growth-oriented structural adjustment programmes.

Such contributions shall be made on a more predictable and continuous basis. They shall be provided at very highly concessional terms. Particular account shall be taken of the situation of the least-developed ACP States.

Article 27

The Contracting Parties agree to facilitate greater, more stable flows of resources from the private sector to the ACP States by taking measures to improve the access of ACP States to capital markets and to encourage European private investment in ACP States.

The Contracting Parties underline the need to promote, protect, finance and support investment and to provide equitable and stable conditions for the treatment of such investment.

Article 28

The Contracting Parties agree to confirm the importance of the system for the stabilization of export earnings, as well as of intensifying the process of consultation between the ACP States and the Community in international fora and organizations which aim to stabilize agricultural commodity markets.

Given the role played by the mining industry in the development efforts of numerous ACP States and the ACP-EEC mutual dependence in that sector, the Contracting Parties confirm the importance of the system established to help ACP States confronted with serious disruptions in the sector to restore it to a viable state and remedy the consequences of such disruptions for their development.

CHAPTER 5

Institutions

Article 29

The institutions of this Convention shall be the Council of Ministers, the Committee of Ambassadors and the Joint Assembly.

Article 30

1. The Council of Ministers shall be composed, on the one hand, of the members of the Council of the European Communities and of members of the Commission of the European Communities and, on the other hand, of a member of the government of each of the ACP States.

The functions of the Council of Ministers shall be to:

(a) establish the broad lines of the work to be undertaken in the context of the application of this Convention, notably in helping to solve problems fundamental to the joint and several development of the Contracting Parties;

(b) take any political decision for the attainment of the objectives of this Convention;

(c) take decisions in the specific areas provided for in this Convention;

(d) ensure efficient performance of the consultation mechanisms provided for in this Convention;

(e) deal with problems of interpretation of this Convention;

(t) settle procedural questions and arrangements for the implementation of this Convention;

(g) examine, at the request of one of the Contracting Parties, any question directly liable to hinder or promote the effective and efficient implementation of this Convention or any other issue likely to obstruct attainment of its objectives;

take all necessary measures to establish on-going contacts between the economic, cultural and social development bodies in the Community and in the ACP States and to arrange regular consultations with their representatives on matters of mutual interest, given the importance, acknowledged by the Contracting Parties, of establishing an effective dialogue between these bodies and of securing their contribution to the co-operation and development effort.

Article 31

1. The Committee of Ambassadors shall be composed, on the one hand, of each Member State's Permanent Representative to the European Communities and one representative of the Commission and, on the other, of the head of each ACP State's mission to the European Communities.

2. The Committee of Ambassadors shall assist the Council of Ministers in the performance of its functions and shall carry out any brief given to it by the Council.

It shall monitor implementation of this Convention and progress towards achieving the objectives set therein.

Article 32

1. The Joint Assembly shall be composed of equal numbers of, on the one hand, members of the European Parliament on the Community side and of, on the other, members of parliament or, failing this, of representatives designated by the ACP States.

2. (a) The Joint Assembly shall be a consultative body, which shall seek, through dialogue, debate and concerted action, to:

- promote better understanding between the peoples of the Member States and the ACP States;

- promote public awareness of the interdependence of the peoples and of their interests as well as of the need for solidarity in development;

- reflect upon all matters pertaining to ACP-EEC co-operation, particularly the fundamental problems of development;

- encourage research and initiative, and formulate proposals with a view to improving and reinforcing ACP-EEC co-operation;

- urge the relevant authorities of the Contracting Parties to implement this Convention in the most efficient manner possible so as to ensure the full attainment of its objectives;

(b) the Joint Assembly shall organize regular contacts and consultations with representatives of economic, cultural and social development bodies in the ACP States and in the Community in order to obtain their views on the attainment of the objectives of this Convention.

PART TWO

The areas of ACP-EEC co-operation

TITLE I Environment

Article 33

In the framework of this Convention, the protection and the enhancement of the environment and natural resources, the halting of the deterioration of land and forests, the restoration of ecological balances, the preservation of natural resources and their rational exploitation are basic objectives that the ACP States concerned shall strive to achieve with Community support with a view to bringing an immediate improvement in the living conditions of their populations and to safeguarding those of future generations.

Article 34

The ACP States and the Community recognize that the existence of some ACP States is under threat as a result of a rapid deterioration of the environment that hinders any development efforts, in particular those aimed at achieving the priority objectives of food self- sufficiency and food security.

For many ACP States efforts to halt this deterioration of the environment and conserve natural resources are imperative and call for the preparation and implementation of coherent modes of development that have due regard for ecological balances.

Article 35

The dimension of the environmental problem and of the means to be deployed mean that operations will have to be carried out in the context of overall, long-term policies, drawn up and implemented by the ACP States at national, regional and international level with international support.

To this end, the Parties agree to give priority in their activities to:

- a preventive approach aimed at avoiding harmful effects on the environment as a result of any programme or operation;

- a systematic approach that will ensure ecological viability at all stages, from identification to implementation;

- a trans-sectoral approach that takes into account not only the direct but also the indirect consequences of the operations undertaken.

Article 36

The protection of the environment and natural resources requires a comprehensive approach embracing the social and cultural dimensions.

In order to ensure that this specific dimension shall be taken into account, attention shall be given to incorporating suitable educational, training, information and research schemes in projects and programmes.

Article 37

Co-operation instruments appropriate to environmental needs shall be designed and implemented.

Where necessary, both qualitative and quantitative criteria may be used. Jointly approved check-lists shall be used to help estimate the environmental viability of proposed operations, whatever their scale. Environmental impact assessment will be carried out as appropriate in the case of large-scale projects and those posing a significant threat to the environment.

For the proper integration of environmental considerations, physical inventories, where possible translated into accounting terms, shall be drawn up.

The implementation of these instruments has to ensure that, should an adverse environmental impact be foreseen, the necessary corrective measures are formulated in the early stage of the preparation of the proposed project or programme so that it can go ahead in accordance with the planned timetable though improved in terms of environmental and natural resource protection.

Article 38

The Parties, desirous of bringing real protection and effective management to the environment and natural resources, consider that the areas of ACP-EEC co-operation covered in Part Two of this Convention shall be systematically examined and appraised in this light.

In this spirit the Community shall support efforts made by the ACP States at national, regional and international level and also operations mounted by intergovernmental and nongovernmental organizations in furtherance of national and intergovernmental policies and priorities.

Article 39

1. The Contracting Parties undertake, for their part, to make every effort to ensure that international movements of hazardous wastes and radioactive waste are generally controlled , and they emphasize the importance of efficient international co-operation in this area.

With this in view, the Community shall prohibit all direct or indirect export of such waste to the ACP States while at the same time the ACP States shall prohibit the direct or indirect import into their territory of such waste from the Community or from any other country, without prejudice to specific international undertakings to which the Contracting Parties have subscribed or may subscribe in the future in these two areas within the competent international fora.

These provisions do not prevent a Member State to which an ACP State has chosen to export waste for processing from returning the processed waste to the ACP State of origin.

The Contracting Parties shall expedite adoption of the necessary internal legislation and administrative regulations to implement this undertaking. At the request of one of the Parties, consultations may be held if delays are encountered. At the conclusion of such consultations each Party may take appropriate steps in the light of the situation.

2. The Parties undertake to monitor strictly the implementation of the prohibition measures referred to in the second paragraph of paragraph 1. Should difficulties arise in this respect, consultations may be held subject to the same conditions as those provided for in the second paragraph of paragraph 1 and with the same effect.

3. The term "hazardous waste" within the meaning of this Article shall cover categories of products listed in Annexes 1 and 2 to the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes and then Disposal.

As regards radioactive waste, the applicable definitions and thresholds shall be those which will be laid down in the framework of the IAEA. In the meantime, the said definitions and thresholds shall be those specified in the declaration in Annex VIII to this Convention.

Article 40

At the request of the ACP States, the Community shall provide available technical information on pesticides and other chemical products with a view to helping them develop or reinforce a suitable and safe use of these products. Where necessary and in accordance with the provisions for development finance co-operation, technical assistance can be given in order to ensure conditions of safety at all stages, from production to disposal of such products.

Article 41

The Parties recognize the value of exchanging views, using existing consultation mechanisms under this Convention, on major ecological hazards, whether on a planetary scale (such as the greenhouse effect, the deterioration of the ozone layer, tropical forests, etc. ) , or of a more specific scope resulting from the application of industrial technology. Such consultations may be requested by either Party, insofar as these hazards may in practice affect the Contracting Parties, and will be aimed at assessing the scope for joint action to be undertaken within the terms of this Convention. If necessary, the consultations will also provide for an exchange of views prior to discussions conducted on these subjects in the appropriate international fora.

TITLE II Agricultural co-operation, food security and rural development

CHAPTER I

Agricultural co-operation and food security

Article 42

Co-operation in the agriculture and rural sector, that is arable farming, livestock production, fisheries and forestry, shall bc aimed, inter alia, at:

- continuously and systematically promoting viable and sustainable development based in particular on protection of the environment and the rational management of natural resources;

- supporting the ACP States' efforts to increase their degree of self-sufficiency in food, in particular by strengthening the capacity of the ACP States to provide their populations with food of adequate quantity and quality and to ensure a satisfactory level of nutrition;

- reinforcing food security, at national, regional and inter- regional level by stimulating regional trade flows of food products and improving co-ordination of the food policies of the countries concerned;

- guaranteeing the rural population incomes that will significantly improve their standard of living, in order to be able to cover their essential needs in the areas of food, education, health and living conditions;

- encouraging the active participation of the rural population, both men and women, in their own development by organizing small farmers into associations and integrating producers, men and women, more effectively into national and international economic activity;

- increasing the participation of women in their capacity as producers, notably by improving access to all factors of production (land, inputs, credit, extension services and training) ;

- creating satisfactory living conditions and a satisfactory life style in the rural environment, notably by developing social and cultural activities;

- improving rural productivity, notably by transfers of appropriate technology and the rational exploitation of plant and animal resources;

- reducing post-harvest losses;

- reducing the workload of women by, inter alia, promoting suitable post-harvest and food-processing technologies;

- diversifying job-creating rural activities and expanding activities that back up production;

- improving production by on-the-spot processing of the products of arable and livestock farming, fisheries and forestry;

- ensuring a better balance between food crops and export crops;

- developing and strengthening agricultural research tailored to the natural and human environment of the country and the region ad meeting extension service and food security requirements;

- in the context of the above objectives, protecting the natural environment particularly through specific operations to protect and conserve ecosystems and to fight against drought, desertification and deforestation;

Article 43

1. Operations to attain the objectives referred to in Article 42 shall be as varied and practical as possible, at national, regional and inter-regional level.

2. They shall, furthermore, be designed and deployed to implement the policies and strategies established by the ACP States and respect their priorities.

3. Support shall be provided for such policies and strategies in the context of agricultural co-operation in accordance with the provisions of this Convention.

Article 44

1. Development of production calls for a rational stepping up of animal and crop production and involves:

- improving farming methods for rain-fed crops while conserving soil fertility;

- developing irrigated crops, inter alia through different types of agricultural water schemes (village water engineering, regulation of watercourses and soil improvement) ensuring optimum use and thrifty management of water which can be mastered by farmers and by local communities; operations shall also consist in the rehabilitation of existing schemes;

- improving and modernizing cultivation techniques and making better use of factors of production (improved varieties and breeds, agricultural equipment, fertilizers, plant treatment preparations) ;

- in the sphere of livestock farming, improving animal feed (more effective management of pasture, increased fodder production, more new water-points and repair of existing ones) and animal health, including the development of the infrastr-ucture required for that purpose;

- better integration of arable and livestock farming;

- in the sphere of fisheries, modernizing fish-farming and developing aquaculture.

2. Other prerequisites for the development of production are: :

- the extension of secondary and tertiary back-up activities for agriculture, such as the manufacture, modernization and promotion of agricultural and rural equipment and other inputs and, where necessary, their importation;

- the establishment or consolidation of agricultural savings and credit facilities adapted to local conditions in order to promote access to production factors for farmers;

- the encouragement of all those policies and incentives for producers which are appropriate to local conditions with a view to greater productivity and to improving farmers' incomes.

Article 45

In order to ensure a return on output, agricultural co-operation shall contribute to:

- adequate means of preservation and suitable storage facilities for producers;

- effective control of disease, pests and other factors causing production losses;

- basic marketing arrangements underpinned by suitable organization of producers, with the necessary material and financial resources, and by adequate means of communication;

- flexible operation of marketing channels, taking account of every form of public or private initiative, to enable local markets, areas of the country with shortfalls and urban markets to be supplied, in order to cut down dependence on outside sources;

- facilities to prevent breaks in supplies (security storage) and guard against erratic price fluctuations (intervention storage) ;

- processing, packaging and marketing of products, particularly be developing artisanal and angro-industrial units, in order to adapt them to the trend of the market.

Article 46

Rural promotion measures shall involve:

- the organization of producers within associations or communities in order to enable them to derive more benefit from joint contracts and investment and jointly owned equipment;

- encouragement of the participation of women and of recognition of the active role they play as full partners in the rural production and economic development processes;

- the development of social and cultural activities (such as health, education and culture) essential for improving rural life styles;

- suitable extension services to train all farmers, both men and women;

- improvements in the training of instructors at all levels.

Article 47

Co-operation in agronomic and agrotechnical research shall contribute:

- to the development, in the ACP States, of domestic and regional research capacities suited to the local natural, social and economic conditions of crop and animal production, with special attention being paid to arid and semi-arid regions-,

- in particular, to improving varieties and breeds, the nutritional quality of products and their packaging, and developing technology and processes accessible to the producers;

- to better dissemination of the results of research undertaken in an ACP or non-ACP State and applicable in other ACP States;

- to extension work in order to inform the greatest possible number of users of the results of such research;

- to promoting increased co-ordination of research, particularly at regional and international levels, in accordance with Article 152, and to implement appropriate operations to achieve this objective.

Article 48

Agricultural co-operation schemes shall be carried out in accordance with the detailed provisions and procedures laid down for development finance co-operation and in this context they may also cover the following:

(1) under the heading of technical co-operation:

- exchange of information between the Community and the ACP States and among the ACP States themselves (on, for example, water use, intensive production techniques and the results of research) ;

- exchange of experience between professionals working in such areas as credit and savings, co-operatives, mutual insurance, artisanal activities and small-scale industry in rural areas;

(2) Under the heading of financial co-operation:

- supply of factors of production;

- support for market regulation bodies, on the basis of a co- ordinated approach to production and marketing problems;

- participation in the constitution of funds for agricultural credit facilities;

- opening of credit lines for farmers, farmers' trade organi- zations, artisans, women's groupings and small-scale industrial operators in rural areas, geared to their activities (such as supplies, primary marketing and storage) , and also for asso- ciations implementing campaigns on specific themes;

- support for measures to combine industrial and trade skills in the ACP States and the Community within artisanal or industrial units, for the manufacture of inputs and equipment and for such purposes as the maintenance, packaging, storage, transport and processing of products.

Article 49

1. Community measures aimed at food security in the ACP States shall be conducted in the context of the food strategies or policies of the ACP States concerned and of the development objectives which they lay down. They shall be implemented, in co-ordination with the instruments of this Convention, in the framework of Community policies and the measures resulting therefrom with due regard for the Com- munity's international commitments.

2. In this context, multi-annual indicative programming may be carried out with the ACP States which so wish, so that their food supplies can be better forecast.

Article 50

1. With regard to available agricultural products, the Community undertakes to ensure that export refunds can be fixed further in advance for all ACP States in respect of a range of products drawn up in the light of the food requirements expressed by those States.

Advance fixing shall be for one year and shall be applied each year throughout the life of this Convention, it being understood that the level of the refund will be determined in accordance with the methods normally followed by the Commission.

2. Specific agreements may be concluded with those ACP States which so request in the context of their food security policies.

Article 51

Food aid operations shall be decided on the basis of the rules and criteria adopted by the Community for all recipients of this type of aid.

Subject to those rules and to the Community's freedom of decision in this matter, food aid operations shall be governed by the following guidelines:

(a) except in urgent cases, Community food aid, which shall be a transitional measure, must be integrated with the ACP States' development policies. This calls for consistency between food aid and other co-operation measures;

(b) where products supplied as food aid are sold, they must be sold at a price which will not disrupt the domestic market. The resulting counterpart funds shall be used to finance the execution or running of projects or programmes with a major rural development component; these funds may also be used for all legitimate pur-poses approved by common agreement, taking into account Article 226 (d) ;

(c) where the products supplied are distributed free of charge, they must form part of nutrition programmes aimed in particular at vulnerable sections of the population or be delivered as remuneration for work;

(d) food aid operations that form part of development projects or programmes or nutrition programmes may be planned on a multi-annual basis;

(e) as a matter of priority, the products supplied must meet the needs of the recipients. In the selection of such products, account should be taken in particular of the ratio of cost to specific nutritive value and of the effect the choice might have on consumer habits;

(f) where in a recipient ACP State, the trend of the food situation is such as to make it desirable for food aid to be replaced in whole or in part by operations designed to consolidate the current trend, alternative operations may be implemented in the form of financial and technical assistance, in accordance with the relevant Community rules. These operations shall be decided upon at the request of the ACP State concerned;

(g) with a view to providing products suited to the habits of consumers, speeding up the supply of products for emergency operations or helping to improve food security, food aid purchases may be made not only in the Community but also in the recipient country or in another ACP or other developing country, preferably in the same geographical region.

Article 52

In implementing this Chapter, special attention shall be paid, to assisting and enabling least-developed, landlocked and island ACP States to utilize fully the provisions of this Chapter. At the request of the States concerned, particular attention will be paid to:

- the specific difficulties of the least-developed ACP States in carrying out the policies or strategies they have established to strengthen their food self-sufficiency and food security. In this context, co-operation shall bear in particular on the productive sectors (including the supply of physical, technical and financial inputs) , transport, marketing, packaging and the setting-up of storage infrastructure;

- establishing a security stock system in landlocked ACP States in order to avoid the risk of breaks in supply;

- diversifying agricultural commodities production and improving food security in the island ACP States.

Article 53

1. The Technical Centre for Agricultural and Rural Co-operation shall be at the disposal of the ACP States to provide them with better access to information, research, training and innovations in the spheres of agricultural and rural development and extension.

In carrying out its work within the framework of its responsibilities it shall operate in close co-operation with the institutions and bodies referred to in this Convention.

2. The tasks of the Centre shall be to:

(a) assure, where so requested by the ACP States, the dissemination of scientific and technical information on methods and means of encouraging agricultural production and rural development, and also scientific and technical support for drawing up regional programmes in its own spheres of activity;

(b) foster the development by ACP States, at national and regional level, of their own capacities for production, purchase and exchange of technical and scientific information on agriculture, rural development and fisheries;

(c) refer ACP States' requests for information to bodies qualified to deal with them, or deal direct with such requests;

(d) provide ACP national and regional documentation centres and research institutes with easier access to scientific and technical publications dealing with agricultural and rural development issues and to data banks in the Community and the ACP States;

(e) in general help the ACP States to gain easier access to the results of work carried out by the national, regional and international bodies, more especially those qualified in the technical aspects of agricultural and rural development, based in the Community and in the ACP States, and maintain contact with those bodies;

(f) foster the exchange of information between those engaged in agricultural and rural development, notably research workers, instructors, technicians and extension workers, on the results of agricultural and rural development operations;

(g) sponsor and help organize meetings of specialists, research workers, planners and development personnel so that they may exchange experiences of specific ecological environments;

(h) facilities access by the ACP States' training and extension personnel to the information they need to carry out their tasks and refer requests for specific training to existing qualified bodies;

(i) help facilitate the adaptation of available technical and scientific information to the needs of the ACP States' departments responsible for development, extension services, and training including "functional literacy programmes" in rural areas;

(j) facilitate the dissemination of technical and scientific information for use in integration strategies of agricultural and rural development, by reference to the priority requirements of development.

3. In the performance of its tasks the Centre shall pay particular attention to the needs of the least-developed ACP States.

4. To carry out its work, the Centre shall be supported by decentralized regional or national information networks. Such networks shall be built up gradually and efficiently as needs are identified with, as far as possible, the support of the most appropriate organizations and institutions.

5. The Committee of Ambassadors shall be the supervisory authority of the Centre. It shall lay down the rules of operation and the procedures for the adoption of the Centre's budget. The budget shall be financed in accordance with the rules laid down in this Convention in respect of development finance co-operation.

6. (a) The Centre shall be headed by a Director appointed by the Committee of Ambassadors.

(b) The Director of the Centre shall be assisted by staff recruited within the limit of the numbers budgeted for by the Committee of Ambassadors.

(c) The Director of the Centre shall report on its activities to the Committee of Ambassadors.

7. (a) To provide the Director of the Centre with technical, and scientific assistance in working out appropriate solution to the problems encountered by the ACP States, notably to improve their access to information, technical innovation, research and development in the sphere of agricultural and rural development and to devise the Centre's action programmes, an advisory committee shall be set up, composed on a basis of parity of agricultural and rural development experts.

(b) The members of the Advisory Committee shall be appointed by the Committee of Ambassadors in accordance with the procedures and criteria determined by it.

CHAPTER 2

Drought and desertification control

Article 54

The ACP States and the Community recognizethat certain ACP States are facing considerable difficulties as a result of endemic drought and growing desertification, which hold back all efforts at development, in particular those aimed at achieving the priority objective of food self-sufficiency and food security.

The two Parties agree that in a number of ACP States control of drought and desertification constitutes a major challenge on which depends the success of their development policy.

Article 55

The correction of this situation and the sustainability devel- opment of the countries affected or threatened by such disasters require a policy encouraging the restoration of the natural environment and of the balance between resources and the human and animal population, in particular through such means as improved harnessing and management of water resources, appropriate agriculture, agroforestry and reafforestation schemes and control of the causes of desertification as well as of practices that engender it.

Article 56

If a return to the natural balance os to expedited, a drought and desertification control component in particular must be incorporated into all agricultural and rural development operations, such as:

1. the extension of agroforestry systems combining farming and forestry, research and development activities to produce plant species that are more adapted to local conditions;

- the introduction of suitable techniques aimed at increasing and maintaining the productivity of agricultural land, arable and land and natural pastureland with a view to controlling the various forms of erosion;

- the reclamation of land that has deteriorated, by means of reafforestation or agricultural-land improvement, combined with maintenance schemes involving, as far as possible, the people and authorities concerned in order to safeguard the progress made;

2. the encouragement of measures to economize on wood as an energy source by stepping up research into, application of and information on new and renewable sources of energy such as wind, solar and biomass energy, and by the use of improved stoves with a greater heat yield;

3. the rational development and management of forestry resources by setting up at national or regional level, forestry managementplans aimed at optimizing the exploitation of forestry resources;

4. the pursuit of ongoing campaigns to educate the people concerned to be aware of the phenomena of drought and desertification and to train them in the possible ways of controlling them;

5. an overall co-ordinated approach which, as a result of schemes such as those referred to in points 1 to 4, seeks to ensure the restoration of a suitable ecological balance between natural resources and the human and animal population, without prejudicing the objective of harmonious economic and social development.

Article 57

The operations to be undertaken, where necessary with research backing, shall cover, inter alia:

1. improving man's knowledge of, and ability to forecast, desertification phenomena by observing developments in the field, by means, inter alia, of modern technologies such as remote sensing, by making use of results achieved and gaining a better understanding of the changes to the human environment in time and space;

2. making an inventory of water-tables and of their replenishment capacity with a view to better predictability of water supplies, using surface and ground water and improving management of these resources, in particular by means of dams or other appropriate developments for the purpose of satisfying the needs of people and animals, and improving weather forecasting;

3. establishing a system for the prevention and control of bush fires and deforestation.

TITLE III

Development of fisheries

Article 58

The ACP States and the Community recognize the urgent need to promote the development of fishery resources of ACP States both as a contribution towards the development of fisheries as a whole and as a sphere of mutual interest for their respective economic sectors.

Co-operation in this field shall promote the optimum utilization of the fishery resources of ACP States, while recognizing the rights of landlocked States to participate in the exploitation of sea fisheries and the right of coastal States to exercise jurisdiction over the living marine resources of their exclusive economic zones in conformity with current international law and notably the conclusions of the Third United Nations Conference on the Law of the Sea.

Article 59

To encourage the development of the exploitation of the fishery resources of the ACP States, all the mechanisms for assistance and co- operation provided for in this Convention, notably financial and technical assistance in accordance with the terms set out in Title III, Part Three shall be applied to fisheries.

The priority objectives of such co-operation shall be to:

- improve knowledge of the fisheries environment and its resources;

- increase the means of protecting fishery resources and monitoring their rational exploitation;

increase the involvement of the ACP States in the exploitation of deep-sea fishery resources within their exclusive economic zones;

- encourage the rational exploitation of the fishery resources of the ACP States and the resources of high seas in which the ACP States and the Community share interests;

- increase the contribution of fisheries including aquaculture, non-industrial fishing and inland fisheries, to rural development, by giving importance to the role they play in strengthening food security, improving nutrition and the social and economic conditions of the communities concerned; this implies, inter alia, a recognition of and support for women's work at the post-harvest stage and in the marketing of fish;

- increase the contribution of fisheries to industrial development by increasing catches, output, processing and exports.

Article 60

Assistance from the Community for fisheries development shall include support in the following areas:

(a) fisheries production, including the acquisition of boats, equipment and gear, the development of infrastructure for rural fishing communities and the fishing industry and support for aquaculture projects, notably by providing specific lines of credit to appropriate ACP institutions for onlending to the operators concerned;

(b) fisheries management and protection, including the assessment of fish stocks and of aquacultural potential, the improvement of environmental monitoring and controland the development of ACP coastal States' capacities for a rational management of the fishery resources in their exclusive economic zones;

(c) processing and marketing of fishery products, including the development of processing, collection, distribution and marketing facilities andoperations; the reduction of post-harvest losses and the promotion of programmes to improve fish utilization and nutrition from fishery products.

Article 61

Particular attention shall be paid in fishery resources development co-operation to the training of ACP nationals in all areas of fisheries, to the development and strengthening of ACP research capabilities and to the promotion of intra-ACP and regional co- operation in fisheries management and development.

Article 62

In implementing Article s 60 and 61, special attention shall be given to enabling least-developed, landlocked and island ACP States to maximize their capabilities to manage their fishery resources.

Article 63

The ACP States and the Community recognize the need for direct or regional co-operation or, as appropriate, co-operation through international organizations, with a view to promoting conservation and the optimum use of the living resources of the sea.

Article 64

The Community and the ACP States recognize that coastal States exercise sovereign rights for the purpose of exploring, exploiting, conserving and managing the fishery resources of their respective exclusive economic zones in conformity with current international law. The ACP States recognize that there is a role for Community Member States' fishing fleets, operating lawfully in waters under ACP jurisdiction, in the development of ACP fishery potential and in economic development in general in the coastal ACP States. Accord- ingly, the ACP States declare their willingness to negotiate with the Community fishery agreements aimed at guaranteeing mutually satisfactory conditions for fishing activities of vessels flying the flag of one of the Member States of the Community.

In the conclusion or implementation of such agreements, the ACP States shall not discriminate against the Community or among the Member States, without prejudice to special arrangements between developing States within the same geographical area, including reciprocal fishing arrangements, nor shall the Community discriminate against ACP States.

Article 65

Where ACP States situated in the same subregion as territories to which the Treaty establishing the European Economic Community applies wish to engage in fishing activities in the corresponding fishing zone, the Community and the ACP States shall open negotiations with a view to concluding a fishery agreement in the spirit of Article 64, taking account of their specific situation in the region and of the objective of strengthening regional co-operation between those territories and the neighbouring ACP States.

Article 66

The Community and the ACP States recognize the value of a regional approach to fisheries access and shall support moves byACP coastal States towards harmonized arrangements for access for fishing vessels.

Article 67

The Community and the ACP States agree to take all appropriate steps to ensure that the efforts undertaken in fisheries co-operation under this Convention shall be effective, taking into account notably the Joint Declaration on the origin or fishery products.

As regards exports of fishery products to the markets of the Community, due account shall be taken of Article 358.

Article 68

The mutually satisfactory conditions referred to in Article 64 shall bear in particular on the nature and the scale of the compensation to be received by the ACP States concerned under bilateral agreements.

Compensation shall be additional to any allocation relating to projects in the fisheries sector pursuant to Title III, Part Three of this Convention.

Compensation shall be provided for partly by the Community as such and partly by the shipowners and shall take the form of financial compensation which may include licensing fees and, where appropriate, any other elements agreed upon by the parties to the fishery agreement, such as obligatory landing of part of the catch, employment of ACP nationals, the taking on board of observers, transfer of technology, research and training grants. Compensation shall relate to the scale and value of the fishing opportunities provided in the exclusive economic zones of the ACP States concerned.

In addition, with regard to the fishing of highly migratory species, the particular character of such fisheries shall be taken into account in the respective obligations under the agreements, including the financial compensation.

The Community shall take all necessary measures to ensure that its vessels comply with the provisions of the agreements negotiated and with the laws and regulations of the ACP State concerned.

TITLE VI

Mining development

Article 99

The main objectives of mining development shall be to:

- exploit all types of mineral resources in a way which ensures the profitability of mining operations in both export and local markets, while also meeting environmental concerns, and

- enhance the potential of human resources, with a view to promoting and expediting diversified economic and social development.

The Contracting Parties stress their mutual dependence in the sector and agree to use in a co-ordinated fashion this Convention's various instruments in this field and also other Community instruments where appropriate.

Article 100

At the request of one or more ACP States, the Community shall carry out technical assistance or training activities to strengthen their scientific and technical capacity in the field of geology and mining in order that they may derive greater benefit from available know-how and direct their exploration and prospecting programmes accordingly.

Article 101

In order to facilitate the development of the mining resources of the ACP States concerned, having regard to national and external economic considerations and with a view to diversification, the Community shall co-operate as appropriate, through its technical and financial assistance programmes, with the ACP States in their prospecting and exploration efforts at all stages, both onshore and on the continental shelf as defined in international law.

Where appropriate, the Community shall also give its technical and financial assistance to the establishment of national or regional exploration funds in ACP States.

Article 102

With the aim of supporting efforts to exploit the ACP States' mining resources, the Community shall contribute towards the support of projects to rehabilitate, maintain, rationalize and modernize economically viable production units in order to make them more operational and more competitive.

It shall also contribute to the identification, drawing-up and implementation of new viable projects to an extent compatible with investment and management capacities as well as market trends, taking particular account of the financing of feasibility and pre-investment studies.

Particular attention shall be accorded to:

- operations to enhance the role of small and medium-scale projects, so promoting local mining enterprises with particular emphasis on minerals for industry and agriculture, destined notably for the domestic or regional markets, and also new products, and

- operations to protect the environment.

Co-operation shall also support the efforts of the ACP States to:

- build up supporting infrastructure;

- take measures to ensure that mining development makes the greatest possible contribution to the producer countries' social and economic development, such measures including the optimal use of mining revenue and the integration of mining development into industrial development aid into an appropriate policy of land-use planning;

- encourage European and ACP investment;

- promote regional co-operation.

Article 103

In order to contribute to the objectives set out above, the Community shall be prepared to give its technical and financial assistance to help with the exploitation of the ACP States' mining potential in accordance with the procedures peculiar to each of the instruments at its disposal and according to the provisions of this Convention.

In the sphere of research and investment preparatory to the launching of mining projects, the Community may give assistance in the form of risk capital, possibly in conjunction with contributions of capital from the ACP States concerned and other sources of financing, in accordance with the procedures laid down in Article 234. The resources referred to in these provisions may be supplemented, for projects of mutual interest, by:

(a) other Community financial and technical resources;

(b) action timed at the mobilization of public and private capital, including co-financing.

Article 104

The Bank may, in accordance with its Statute, commit its own resources on a case-by-case basis beyond the amount fixed in the Financial Protocol in mining investment projects recognized by the ACP State concerned and by the Community as being of mutual interest.

TITLE VII

Energy development

Article 105

In view of the seriousness of the energy situation in the majority of the ACP States, owing partly to the crisis caused in many countries by dependence on imported petroleum products and the increasing scarcity of fuelwood, and in view of the effects the use of fossil fuels have on the climate, the ACP States and the Community agree to co-operate in this area with a view to finding solutions to their energy problems.

In ACP-EEC co-operation particular emphasis shall be placed on energy programming, operations for saving and making efficient use of energy, reconnaissance of energy potential and the economically and technically appropriate promotion of new and renewable sources of energy.

Article 106

The Community and the ACP States recognize the mutual benefits of co-operation in the field of energy. Such co-operation shall promote the development of the ACP States' conventional and non-conventional energy potential and their self-sufficiency.

The main objectives of energy development shall be to:

(a) promote economic and social development by exploiting and developing domestic and regional energy resource in an appropriate manner from the technical, economic and environmental viewpoints,

(b) make energy production and use more efficient and, where the potential exists, increase energy self-sufficiency;

(c) encourage increased use of alternative, new and renewable energy sources;

(d) improve living conditions in urban, outlying and rural areas and propose solutions to these areas' energy problems that are appropriate to local needs and resources;

(e) protect the natural environment by conserving biomass resources, particularly fuelwood, by encouraging alternative solutions, improving consumption techniques and habits, and using energy and energy resources in a rational and sustainable manner.

Article 107

In order to attain the above-mentioned objectives, energy co- operation schemes may, at the request of one or more of the ACP States concerned, be focused on:

(a) collection, analysis and dissemination of relevant information;

(b) strengthening the ACP States' management and control of their energy resources in line with their development objectives in order to enable them to appraise energy demand and supply options and to achieve strategic energy planning, inter alia by supporting energy programming and providing technical assistance for departments responsible for the planning and execution of energy policies;

(c) analysing the energy implications of development projects and programming, taking account of the energy savings required and of opportunities for primary source substitution; in this context, operations shall be designed to increase the role played by new and renewable resources, particularly in rural areas, through programmes and projects tailored to local needs and resources;

(d) implementing suitable programmes involving small and medium-sized energy development projects, particularly those aimed at saving and providing alternatives for fuelwood; in this context, operations shall be designed to resolve as swiftly as possible the problems caused by over-consumption of fuelwood by making domestic energy use more efficient in both rural and urban areas, encouraging the use of alternative sources for domestic use, particularly in urban areas, and developing plantations of suitable fuelwood species;

(c) enhancing investment potential for the exploration and development of domestic and regional energy sources as well as for the development of sites of exceptional energy production permitting the establishment of energy-intensive industry;

(f) promoting research, adaptation and dissemination of appropriate technology as well as the training needed to meet energy-related manpower needs in the energy sector;

(g) stepping up the ACP States' research and development activities, particularly as regards the development of new and renewable sources of energy;

(h) upgrading the basic infrastructure necessary for the production, transmission, transport and distribution of energy with particular emphasis on rural electrification;

(i) encouraging co-operation between ACP States in the energy sector, notably the extension of electricity distribution grids between ACP countries and co-operation between those States and other, neighbouring, States receiving Community aid.

Article 108

In order to contribute to the objectives set out above, the Community shall be prepared to give its technical and financial assistance to help with the exploitation of the ACP States' energy potential in accordance with the procedures peculiar to each of the instruments at its disposal and according to the provisions of this Convention.

In the sphere of research and investment preparatory to the launching of energy projects, the Community may give assistance in the form of risk capital, possibly in conjunction with contributions of capital from the ACP' States concerned and other sources of financing, in accordance with the procedures laid down in Article 234.

The resources referred to in these provisions may be supplemented, for projects of mutual interest, by:

(a) other Community financial and technical resources;

(b) action aimed at the mobilization of public and private capital, including co-financing.

Article 109

The Bank may, in accordance with its Statute, commit its own resources on a case-by-case basis beyond the amount fixed in the Financial Protocol in energy investment project recognized by the ACP State concerned and by the Community as being of mutual interest.

TITLE IX

Development of services

CHAPTER 3

Tourism

Article 121

Recognizing the real importance of the tourist industry for the ACP States, the Contracting Parties shall implement measures and operations to develop and support tourism. These measures shall be implemented at all levels, from the identification of the tourist product to the marketing and promotion stage.

The aim shall be to support the ACP States' efforts to derive maximum benefit from national, regional and international tourism in view of tourism's impact on economic development and to stimulate private financial flows from the Community and other sources into the development of tourism in the ACP States. Particular attention shall be given to the need to integrate tourism into the social, cultural and economic life of the people.

Article 122

Specific tourism development measures shall aim at the definition, adaptation and development of appropriate policies at national, regional, subregional and international levels. Tourism development programmes and projects shall be based on these policies on the basis of the following four components:

(a) Human resources and institutional development, inter alia:

-professional management development in specific skills and continuous training at appropriate levels in the private and public sectors to ensure adequate planning and development;

- establishment and strengthening of tourism promotion centres;

- education and training for specific segments of the population and public/private organizations active in the tourism sector, including personnel involved in the support sector of tourism;

-intra-ACP co-operation and exchanges in the fields of training, technical assistance and the development of institutions;

(b) Product development, inter alia:

- identification of the tourism product, development of non- traditional and new tourism products, adaptation of existing products including the preservation and development of cultural heritage, ecological and environmental aspects, management, protection and conservation of flora and fauna, historical, social and other natural assets, development of ancillary services;

- promotion of private investment in the tourist industry of ACP States, including the creation of joint ventures;

- provision of technical assistance for the hotel industry;

- production of crafts of a cultural nature for the tourist market.

(c) Market development, inter alia:

- assistance for the definition and execution of objectives and market development plans at national, subregional, regional and international levels;

- provision of support for ACP States' efforts to gain access to services for the tourist industry such as central reservation systems and air traffic control and Security systems;

- provision of marketing and promotional measures and materials in the framework of integrated market development plans and programmes and with a view to improved market penetration, aimed at the main generators of tourism flows in traditional and non- traditional origin markets as well as specific activities such as participation at specialized trade events, such as fairs, production of quality literature, films and marketing aids.

(d) Research and information, inter alia:

- improving tourism information and collecting, analysing, disseminating and utilizing statistical data;

- assessment of the socio-economic impact of tourism on the economies of ACP States with particular emphasis on the development of linkages to other sectors in ACP States and regions such as food production, construction, technology and management.

TITLE XII

Regional co-operation

Article 156

1. The Community shall support the ACP States, efforts through regional co-operation and integration to promote long-term collective and self-reliant, self-sustained and integrated social, cultural and economic development and greater regional self-sufficiency.

2. Community support shall be given within the framework of the major regional co-operation and integration objectives which the ACP States have set or will set for themselves at regional, inter-regional and international level.

3. In order to promote and strengthen the ACP States' collective capabilities, the Community shall provide effective aid enabling them to strengthen regional economic integration and consolidate co- operation of a functional type or on specific themes referred to in Article s 158 and 159.

4. While taking account of local circumstances, regional co- operation shall transcend the concepts of geographical location. It shall also cover intra-ACP regional co-operation.

It shall include regional co-operation between ACP States and overseas territories or departments. The funding to enable the participation of these territories and departments shall be additional to funds allocated to the ACP States under the Convention.

Article 157

1. Regional co-operation shall cover operations agreed on between:

- two or more or all ACP States,

- one or more ACP States and one or more neighbouring non-ACP States, countries or territories,

- one or more ACP States and one or more overseas territories or departments,

- two or more regional bodies of which ACP States are members,

- one or more ACP States and regional bodies of which ACP States are members.

2. Regional co-operation may also cover projects and programmes agreed upon by two or more ACP States and one or more non-ACP, non- neighbouring developing States and, when special circumstances so warrant, between one ACP State and one or more non-ACP non- neighbouring developing States.

Article 158

1. In the context of regional co-operation particular attention shall be paid to:

(a) evaluation and utilization of existing and potential dynamic complementarities in all relevant sectors;

(b) maximization of the use of ACP human resources as well as the optimum and judicious exploration, conservation, processing and exploitation of ACP natural resources;

(c) promotion of scientific and technical co-operation among theACP States, including support for intra-ACP technical assistance programmes as provided for in Article 275(e) of the Convention;

(d) acceleration of economic diversification in order to stimulate complementarity in production and intensification of co-operation and development within and between ACP regions, as well as between the latter and overseas territories and departments;

(e) promotion of food security;

(f) strengthening a network of relations among individual countries or groups of countries which have common characteristics, affinities and problems in order to solve such problems;

(g) fullest use of economies of scale wherever a regional solution is more efficient than a national solution;

(h) expansion of ACP States' markets by promoting trade among ACP States and between the ACP States and neighbouring third countries or overseas territories and departments;

(i) integration of ACP States' markets by liberalizing intra-ACP trade and eliminating tariff, non-tariff, monetary and administrative barriers.

2. Particular stress shall be put on the promotion and strengthening of regional economic integration.

Article 159

Having regard to Article 158, the scope of regional co-operation shall include the following:

(a) agriculture and rural development, notably food self-sufficiency and food security;

(b) health programmes, including education, training, research and information related to primary health care and control of major diseases, including animal diseases;

(c) evaluation, development, exploitation and preservation of fishery and marine resources, including scientific and technical co-operation with a view to the surveillance of exclusive economic zones;

(d) preservation and improvement of the environment, especially through programmes to combat desertification, erosion, deforestation, coastal deterioration, the consequences of large-scale marine pollution, including large accidental discharges of petroleum or other pollutants with a view to ensuring rational and ecologically balanced development;

(e) industrialization, including the setting-up of regional and inter-regional production and marketing enterprises;

(f) exploitation of natural resources, notably the production and distribution of energy;

(g) transport and communications, namely roads, railways, air and sea transport, inland waterways, postal services and telecommunications and give priority to the establishment, rehabilitation and development of road and rail links to the sea for the landlocked ACP States;

(h) development and expansion of trade;

(i) support for the setting up of strengthening of regional payment mechanisms including clearing and financing facilities for trade;

(j) support, at the request of the ACP States concerned, for operations and structures which promote the co-ordination of sectoral policies and structural adjustment efforts;

(k) assistance to ACP States to help combat drug trafficking at regional and inter-regional levels;

(l) assistance for action programme undertaken by ACP and ACP-EEC trade and business organizations with the aim of improving the production and marketing of products on external markets;

(m) education and training, research, science and technology, informatics, management, information and communication, the establishment and strengthening of training and research institutions and technical bodies responsible for technology exchanges and co- operation among universities;

(n) other services, including tourism;

(o) cultural and social co-operation activities, including support for action-oriented programmes taken by ACP States at regional level with a view to enhancing the status of women, improving their living conditions, expanding their economic and social role and promoting their full participation in the economic, cultural and social development process.

Article 160

1. In order to improve its impact and effectiveness, regional co- operation shall be programmed for each region at the beginning of the period covered by the Convention.

The programming, with the participation of the ACP States, shall be based on an appropriation fixed at the outset for each region and shall be the result of an exchange of views between all the national authorizing officers in the region concerned, or a regional organization which they have mandated to represent them, the Commission and its Delegates.

(a) The aim of this programming shall, in accordance with Article 156(2) , be to draw up a programme specifying:

- the focal sectors for Community aid;

- the most appropriate measures and operations to achieve the objectives set for those sectors;

- the projects and programmes enabling those objectives to be attained, insofar as they have been clearly identified.

b) The exchange of views organized for the purpose of programming shall continue for the purposes of implementation and follow-up; to that end, the national authorizing officers of the region concerned or a regional organization which they have mandated to represent them, the Commission and its Delegates, and those in charge of regional projects and programmes shall meet, as a general rule, once a year to ensure that regional programmes are correctly implemented.

2. Account being taken of the objectives and inherent characteristics of regional co-operation, projects and programmes undertaken in this sphere shall be governed by the arrangements and procedures established for development finance co-operation where they apply to that context.

Article 161

1. Regional organizations duly mandated by the ACP States concerned must play an important part in the design and implementation of regional programmes.

They may take part in the programming exercise and in the implementation and management of regional programmes and projects.

3. Where an operation is financed by the Community through a regional co-operation body, the financing terms applicable to the final beneficiaries shall be agreed between the Community and that body in agreement with the ACP State or States concerned.

Article 162

A regional operation is one which helps directly to solve a development problem common to two or more countries through joint schemes or co-ordinated national schemes and which meets at least one of the following criteria:

(a) because of its nature or physical characteristics, it necessarily extends beyond the frontiers of one ACP State and cannot be carried out by a single country nor be divided up into national operations to be undertaken by each State on its own account;

(b) the regional formula makes it possible to achieve significant economies of scale in relation to national operations;

(c) the operation is the regional, inter-regional or intra-ACP expression of a sectoral or a global strategy;

(d) the accompanying costs and benefits are unequally shared out among the beneficiary countries.

Article 163

The Community's contribution under regional co-operation shall, in respect of operations which could be undertaken partly at national level, be determined on the basis of the following factors:

(a) the operation strengthens co-operation between the ACP States concerned at the level of authorities, institutions or enterprises, or through regional bodies or by removing obstacles, whether in the form of regulations or financial;

(b) two or more States have entered into mutual commitments in respect of an operation, notably as regards the distribution of facilities, investment and the running thereof.

Article 164

1. The requests for financing from funds earmarked for regional co- operation shall be governed by the following general procedures:

(a) requests for financing shall be presented by each of the ACP States participating in a regional operation;

(b) wherever an operation of regional co-operation is such as to be of interest to other ACP States, the Commission shall, in agreement with other applicant States, inform the other ACP States or, if need be, all the ACP States. The ACP States interested shall then confirm whether they intend to participate;

Notwithstanding this procedure, the Commission shall examine without delay any request for financing as long as it has been presented by at last two ACP States. The financing decision shall be taken after the States consulted have communicated their intention;

(c) where a single ACP State is associated with non-ACP countries, as provided for in Article 157, its request alone shall suffice;

(d) request for financing for intra-ACP regional co-operation schemes may be submitted by the ACP Council of Ministers or, by specific delegation, by the ACP Committee of Ambassadors;

(e) regional co-operation bodies may present requests for the financing of one or more specific regional co-operation schemes on behalf, and with the explicit agreement, of those of their members that are ACP States;

(f) each request for regional co-operation funding must include, where necessary, proposals concerning:

(i) the ownership of the goods and services to be financed as part of the operation, and the division of responsibilities for operation and maintenance;

(ii) the choice of the regional authorizing officer and the state or body authorized to sign the financing agreement on behalf of all the participating ACP States or bodies.

2. The indicative programme for each region may lay down appropriate arrangements for the submission of requests.

3. The ACP State or States or regional bodies participating in a regional operation with third countries as provided for in Article 157 may request the Community to finance that part of the operation for which they are responsible or a part in proportion to the benefits they derive from the operation.

Article 165

1. With a view to encouraging regional co-operation between the least-developed, landlocked and island countries, particular attention shall be paid to these countries' specific problems at the regional programming stage and in the implementation.

2. As regards financing, the least-developed ACP States shall be given priority in any project involving at least one ACP State in that category, while special attention shall be paid to the landlocked and island ACP States in order to overcome the obstacles holding back their development.

Article 166

For the purposes set out in the present Title, the amount of the Community's financial assistance is provided for in Article 3 of the Financial Protocol to this Convention.

PART FIVE Final provisions

Article 356

No treaty, convention, agreement or arrangement of any kind between one or more Member States of the Community and one or more ACP States may impede the implementation of this Convention.

Article 357

Subject to the special provisions regarding the relations between the ACP States and the French overseas departments provided for therein, this Convention shall apply, on the one hand, to the territories in which the Treaty is applied and under the conditions laid down in that Treaty and, on the other hand, to the territories of the ACP States.

Article 358

1. Should a third country wish to accede to the Community, the latter shall, as soon as it has decided to enter into negotiations on such accession, inform the ACP States of its decision.

2. The Contracting Parties further agree:

(a) to establish, in the course of accession negotiations, regular contacts during which:

- the Community shall provide the ACP States with all relevant information on the progress of the negotiations

- the ACP States shall inform the Community of their concerns and positions so that they may be taken fully in to account;

(b) to examine without delay, after the conclusion of the accession negotiations, the effects of such accession on this Convention, and to engage in negotiations in order to establish a protocol of accession and adopt the measures of adaptation or transition that may become necessary, to be annexed to the said protocol, of which they shall constitute an integral part.

3. Without prejudice to any transitional arrangements that may be adopted, the Contracting Parties recognize that the provisions of the Convention do not apply in relations between the ACP States and a new Member State of the Community as long as the protocol of accession to the Convention referred to in paragraph 2(b) has not entered into force.

Article 359

1. (a) As regards the Community, this Convention shall be validly concluded in accordance with the provision of the EEC and ECSC Treaties; the conclusion shall be notified to the parties.

(b) This Convention shall be ratified by the Signatory States in conformity with their respective constitutional requirements.

2. The instruments of ratification and the act of notification of the conclusion of this Convention shall be deposited, as concerns the ACP States, with the Secretariat of the Council of the European Communities and, as concerns the Community and the Member States, with the Secretariat of the ACP States. The Secretariats shall give notice thereof forthwith to the Signatory States and the Community.

Article 360

1. This Convention shall enter into force on the first day of the second month following the date of deposit of the instruments of ratification of the Member States and of at least two-thirds of the ACP States, and of the act of notification of the conclusion of this Convention by the Community.

2. Any ACP State which has not completed the procedures set out in Article 359 by the date of the entry into force of this Convention as specified in paragraph 1 may do so only within the 12 months following such entry into force and shall be able to proceed with these procedures only during the 12 months following such entry into force, unless before the expiry of this period it gives notice to the Council of Ministers of its intentions to complete these procedures not later than six months after this period on the condition that it undertakes the deposit of its instrument of ratification within the same time limit.

3. As regards those ACP States which have not completed the procedures set out in Article 359 by the date of entry into force of this Convention as specified in paragraph 1, this Convention shall become applicable on the first day of the second month following the completion of the said procedures.

4. Signatory ACP States which ratify this Convention in accordance with the conditions laid down in paragraph 2 shall recognize the validity of all measures taken in implementation of this Convention between the date of its entry into force and the date when its provisions become applicable to them. Subject to any extension which may be granted to them by the Council of Ministers they shall, not later than six months following the completion of the procedures referred to in Article 359, carry out all the obligations which devolve upon them under the terms of this Convention or of imple- menting decisions adopted by the Council of Ministers.

5. The rules of procedure of the joint institutions set up under this Convention shall lay down whether and under what conditions the representatives of Signatory States which on the date of entry into force of this Convention have not yet completed the procedures referred to in Article 359, shall sit in those institutions as observers. The arrangements thus adopted shall be effective only until the date on which this Convention becomes applicable to these States; such arrangements shall in any case cease to apply on the date on which, pursuant to paragraph 2, the State concerned may no longer ratify this Convention.

Article 361

1. The Council of Ministers shall be informed of any request by any State for membership of, or association with, the Community.

2. The Council of Ministers shall be informed of any request made by any State wishing to become a member of an economic grouping composed of ACP States.

Article 362

1. Any request for accession to this Convention by a country or territory to which Part Four of the Treaty applies, and which becomes independent, shall be referred to the Council of Ministers.

2. With the approval of the Council of Ministers, the country in question shall accede to this Convention by depositing an instrument of accession with the Secretariat of the Council of the European Communities, which shall transmit a certified copy to the Secretariat of the ACP States and shall give notice thereof to the Signatory States.

3. That country shall then enjoy the same rights and be subject to the same obligations as the ACP States. Such accession shall not adversely affect the advantages accruing to the ACP States signatory to this Convention from the provisions on development finance co- operation and on the stabilization of export earnings.

Article 363

1. Any request for accession to this Convention submitted by a State whose economic structure and production are comparable with those of the ACP States shall require approval by the Council of Ministers. The State concerned may accede to this Convention by concluding an agreement with the Community.

2. That State shall then enjoy the same rights and be subject to the same obligations as the ACP States.

3. The agreement may, however, stipulate the date on which certain of those rights and obligations shall become applicable to that State.

4. Such accession shall not, however, adversely affect the advantages accruing to the ACP States signatory to this Convention under the provisions on development finance co-operation, the stabilization of export earnings and industrial cooperation.

Article 364

If Namibia, on becoming independent, requests accession to the Convention and its request is received after the actual process for the ratification of the Convention has begun but before its entry into force, the Council of Ministers shall act on the request and take a decision on the accession of that State. At the same time it shall also take any necessary decision regarding that State in areas falling under Part Three, Titles I and IV of the Convention and the Annexes to the Final Act regarding these parts of the Convention, including beef.

In the event of a positive decision, Namibia will be added to the States Signatory to the Convention, particularly as regards the ratification and entry into force thereof.

Article 365

As from the entry into force of this Convention, the powers conferred upon the Council of Ministers by the third ACP-EEC Convention shall be exercised, insofar as is necessary and in compliance with the relevant provisions of the said Convention, by the Council of Ministers set up by this Convention.

Article 366

1. This Convention is hereby concluded for a period of 10 years, commencing on 1 March 1990.

2. The Community and the Member States, on the one hand, and the ACP States, on the other, shall notify the other Party not later than twelve months before the expiry of the First five-year period of any review of the provisions they desire to make with a view to a possible amendment of the Convention. Notwithstanding this time-limit, if one Party requests the review of any provisions of the Convention, the other Party shall have a period of two months in which to request the extension of the review to other provisions related to those which were the subject of the initial request.

Ten months before the expiry of this five-year period, the Contracting Parties shall enter into negotiations with a view to examining any possible amendments to the provisions that were the subject of the notification.

Articles 359 and 360 on the conclusion, ratification and entry into force of the Convention shall also apply to amendments thus made to the Convention.

The Council of Ministers shall adopt any transitional measures that may be required in respect of the amended provisions until they come into force.

3. Eighteen months before the end of the total period of the Convention, the Contracting Parties shall enter into negotiations in order to examine what provisions shall subsequently govern relations between the Community and the Member States, on the one hand, and the ACP States, on the other.

The Council of Ministers shall adopt any transitional measures that may be required until the new Convention comes into force.

Article 367

This Convention may be denounced by the Community in respect of each ACP State and by each ACP State in respect of the Community upon six months' notice.

Article 368

The Protocols annexed to this Convention shall form an integral part thereof.

Article 369

This Convention, drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, all texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities and the Secretariat of the ACP States, which shall both transmit a certified copy to the government of each of the Signatory